GENERAL

The Rules of Court shall govern cases brought after they

take effect, and also all further proceedings then pending,
EXCEPT to the extent that in the opinion of the Court their

PRINCIPLES application would not be feasible or would work injustice.

[Riano citing Rule 114]

CONCEPT OF REMEDIAL LAW SUBSTANTIVE LAW VIS-À-VIS REMEDIAL

Remedial law is that branch of law which prescribes the LAW
method of enforcing rights or obtaining redress for their
invasion (Bustos v. Lucero, 81 Phil. 640). Substantive Law - creates, defines and regulates rights
and duties regarding life, liberty or property which when
Remedial statute or statutes: violated gives rise to a cause of action (Bustos v. Lucero,
(1) Relating to remedies or modes of procedure; 81 Phil. 640)
(2) Do not take away or create vested rights;
(3) BUT operate in furtherance of rights already SUBSTANTIVE LAW REMEDIAL LAW
existing. (Riano citing Systems Factor Corporation It is that part of the law It refers to the legislation
v NLRC (2000)) which creates, defines, or providing means or
regulates rights, methods whereby causes
Source concerning life, liberty or of action may be
property or the powers of effectuated, wrongs
Remedial law is basically contained in the Rules of Court. agencies or redressed, and relief
Circulars of the Supreme Court implementing the Rules of instrumentalities for the obtained
Court (e.g. Rules on Summary Procedure) also contain administration of public It is also called Adjective
remedial law. affairs Law
It makes vested rights
It has no vested rights
The Rules of Court, promulgated by authority of law, have possible
the force and effect of law, if not in conflict with positive It governs acts and
It is prospective in
law (Inchausti & Co v de Leon (1913)]. The rule is transactions which took
application
subordinate to the statute, and in case of conflict, the place (retroactive)
statute will prevail. [Shioji v Harvey (1922)]. The SC is expressly
It cannot be enacted by
empowered to promulgate
the SC
Applicability procedural rules

The Rules of Court is applicable in ALL COURTS, EXCEPT RULE MAKING POWER OF THE SUPREME
as otherwise provided by the SC [Rule 1, Sec. 2]. COURT
It governs the procedure to be observed in CIVIL or Judicial Power includes the duty of the courts of justice to
CRIMINAL actions and SPECIAL proceedings [Rule 1, Sec. settle actual controversies involving rights, which are
3]. legally demandable and enforceable, and to determine
whether or not there has been grave abuse of discretion
It does not apply to the following cases: amounting to lack or excess of jurisdiction on the part of
1. Election cases, any branch or instrumentality of the Government (Sec. 1,
2. Land registration cases, Art. VIII, 1987 Constitution)
3. Cadastral cases
4. Naturalization cases, The power of judicial review is the SC’s power to declare a
5. Insolvency proceedings law, treaty, international or executive agreement,
6. Other cases not herein provided for presidential decree, proclamation, order, instruction,
ordinance, or regulation unconstitutional
Except by analogy or in a suppletory character
and whenever practicable and convenient [Rule Sec. 5(5), Art. VIII, of the 1987 Constitution provides that
4, Sec. 4] that the Supreme Court shall have the power to:
1. promulgate rules concerning the protection and
Prospectivity/ Retroactivity enforcement of constitutional rights, pleading,
practice, and procedure in all courts;
The Rules of Court are not penal statutes and cannot be 2. admission to the practice of law;
given retroactive effect [Bermejo v Barrios (1970)]. 3. the Integrated Bar;
4. and legal assistance to the underprivileged
Rules of procedure may be made applicable to actions
pending and undetermined at the time of their passage,
and are deemed retroactive in that sense and to that Limitations on the rule-making power of the Supreme
extent. [In the Matter to Declare in Contempt of Court Hon. Court
Simeon Datumanong (2006)].
Sec 5(5) of Art. VIII of the Constitution sets forth the
limitations to the power: Generally, the term describes an organ of the government
1. That the rules shall provide a simplified and consisting of one person or of several persons, called
inexpensive procedure for speedy disposition of upon and authorized to administer justice. It is also the
cases; place where justice is administered. [Riano citing Black’s
2. That the rules shall be uniform for courts of the and Am. Jur. and C. J. S.]
same grade; and
3. That the rules shall not diminish, increase or
modify substantive rights. Court as Distinguished from a Judge

Power of the Supreme Court to Amend and Suspend COURT JUDGE

Procedural Rules A tribunal officially
assembled under An officer of such tribunal
Power to Amend Remedial Laws authority of law
1. The constitutional faculty of the Court to An organ of the
promulgate rules of practice and procedure government with a The judge is the one who
necessarily carries with it the power to overturn personality separate from “sits” in court
judicial precedents on points of remedial law the person or judge
through the amendment of the Rules of Court. A being in imagination
[Pinga v Heirs of Santiago (2006)]. A physical and natural
comparable to a
2. The SC has the sole prerogative to amend, repeal, person
corporation
or even establish new rules for a more simplified May be considered an
and inexpensive process, and the speedy A public officer
office
disposition of case [Neypes v CA (2005)]
The circumstances of the court are not affected by the
Power to Suspend Remedial Laws circumstance that would affect the judge. The continuity of
1. It is within the inherent power of the Supreme a court and the efficacy of its proceedings are not affected
Court to suspend its own rules in a particular by the death, resignation, or cessation from the service of
case in order to do justice [De Guia v De Guia the judge presiding over it. In other words, the judge may
(2001)]. resign, become incapacitated, or be disqualified to hold
2. When the operation of rules will lead to an office, but the court remains. The death of the judge does
injustice or if their application tends to subvert not mean the death of the court [Riano citing ABC Davao
and defeat instead of promote and enhance Auto Supply v. CA (1998)].
justice, their suspension is justified [Republic v
CA (1978)]. Classification of Philippine Courts
3. There is no absolute rule as to what constitutes 1. Courts of original and appellate jurisdiction
good and sufficient cause that will merit 2. Courts of general and special jurisdiction
suspension of the rules. The matter is 3. Constitutional and statutory courts
discretionary upon the Court [Republic v 4. Courts of law and equity
Imperial Jr. (1999)]. 5. Superior and Inferior Courts
4. The bare invocation of "the interest of substantial 6. Courts of record and not of record
justice" is not a magic wand that will
automatically compel this Court to suspend Courts of original and appellate jurisdiction
procedural rules [Ramos v Sps Lavendia (2008)].
5. Procedural rules are not to be belittled or Courts of original jurisdiction – Those courts in which,
dismissed simply because their non-observance under the law, actions or proceedings may be originally
may have resulted in prejudice to a party's commenced.
substantive rights. Like all rules, they are
required to be followed except only for the most Courts of appellate jurisdiction – Courts which have the
persuasive of reasons when they may be relaxed power to review on appeal the decisions or orders of a
to relieve a litigant of an injustice not lower court. [Regalado]
commensurate with the degree of his
thoughtlessness in not complying with the Courts of general and special jurisdiction
procedure prescribed. [Polanco v Cruz (2009)].
Courts of general jurisdiction – Those competent to
decide their own jurisdiction and to take cognizance of all
NATURE OF PHILIPPINE COURTS kinds of cases, unless otherwise provided by the law or
Rules.
Meaning of a Court
Courts of special or limited jurisdiction – Those which
A court is an organ of the government belonging to the have no power to decide their own jurisdiction and can
judicial department, the function of which is the only try cases permitted by statute. [Regalado]
application of the laws to controversies brought before it
(and) as well as the public administration of justice. Constitutional and statutory courts
 When the doctrine/principle may be disregarded: A direct
Constitutional courts – Those which owe their creation recourse of the Supreme Court’s original jurisdiction to
and existence to the Constitution and, therefore cannot be issue writs (referring to the writs of certiorari,
legislated out of existence or deprived by law of the prohibition, or mandamus) should be allowed only when
jurisdiction and powers unqualifiedly vested in them by there are special and important reasons therefor, clearly
the Constitution. e.g. Supreme Court; Sandiganbayan is a and specifically set out in the petition. [Mangahas v.
constitutionally-mandated court but created by statute. Paredes (2007)]. The Supreme Court may disregard the
principle of hierarchy of courts if warranted by the nature
Statutory courts – Those created, organized and with and importance of the issues raised in the interest of
jurisdiction exclusively determined by law. [Regalado] speedy justice and avoid future litigations [Riano].

Courts of law and equity Doctrine of Non-Interference or Doctrine of Judicial

Stability
Courts of Law- Those courts which administer the law of
the land. They settle cases according to law. The principle holds that courts of equal and coordinate
jurisdiction cannot interfere with each other’s orders
Courts of Equity- Those courts which rules according to [Lapu-lapu Development and Housing Corp. v. Group
the precepts of equity or justice. They settle cases Management Corp.(2002)] The principle also bars a court
according to the principles of equity referring to from reviewing or interfering with the judgment of a co-
principles of justice, fainess and fair play. equal court over which it has no appellate jurisdiction or
power of review [Villamor v. Salas (1991)].
Philippine courts are both courts of law and equity.
Hence, both legal and equitable jurisdiction is dispensed The doctrine of non-interference applies with equal force
with in the same tribunal [U.S. v. Tamparong (1998)] to administrative bodies. When the law provides for an
appeal from the decision of an administrative body to the
Superior and Inferior Courts SC or CA, it means that such body is co-equal with the RTC
in terms of rank and stature, and logically beyond the
Superior courts – Courts which have the power of review control of the latter [Phil Sinter Corp. v. Cagayan Electric
or supervision over another and lower court. Power (2002)].

Inferior courts – Those which, in relation to another General Rule: No court has the authority to interfere by
court, are lower in rank and subject to review and injunction with the judgment of another court of
supervision by the latter. [Regalado] coordinate jurisdiction or to pass upon or scrutinize and
much less declare as unjust a judgment of another court
Courts of record and not of record
Exception: The doctrine of judicial stability does not apply
Courts of record – Those whose proceedings are enrolled where a third party claimant is involved
and which are bound to keep a written record of all trials
and proceedings handled by them. [Regalado] One
attribute of a court of record is the strong presumption as
to the veracity of its records that cannot be collaterally
attacked except for fraud. All Philippine courts, including
inferior courts, are now courts of record. [Riano]

Courts not of record – Courts which are not required to

keep a written record or transcript of proceedings held
therein.

Principle of Judicial Hierarchy

The judicial system follows a ladderized scheme which in

essence requires that lower courts initially decide on a
case before it is considered by a higher court. Specifically,
under the judicial policy recognizing hierarchy of courts, a
higher court will not entertain direct resort to it unless
the redress cannot be obtained in the appropriate courts.
[Riano citing Santiago v. Vasquez (1993)]

The principle is an established policy necessary to avoid

inordinate demands upon the Court’s time and attention
which are better devoted to those matters within its
exclusive jurisdiction, and to preclude the further
clogging of the Court’s docket [Lim v. Vianzon (2006)].
JURISDICTION
JURISDICTION OVER THE SUBJECT MATTER

Jurisdiction over the subject matter is the power to deal

with the general subject involved in the action, and means
JURISDICTION IN GENERAL not simply jurisdiction of the particular case then
occupying the attention of the court but jurisdiction of the
Jurisdiction is defined as the authority to try, hear and class of cases to which the particular case belongs (Riano
decide a case [Tolentino v. Leviste (2004)]. citing CJS).

Judicial power includes the duty of the courts of justice: It is the power to hear and determine cases of the general
[Art 8, Sec. 1, Constitution] class to which the proceedings in question belong [Reyes
1. To settle actual controversies involving rights v. Diaz (1941)]
which are legally demandable and enforceable;
2. To determine WON there has been a grave abuse
of discretion amounting to lack or excess of Jurisdiction versus the exercise of jurisdiction
jurisdiction on the part of any government
branch/ instrumentality. Jurisdiction: the authority to hear and determine a cause
— the right to act in a case. [Arranza v. BF Homes (2000)].
All courts exercise judicial power. Only the Supreme
Court is the court created by the Constitution [Art 8, Sec. ‘Exercise of Jurisdiction.’: the exercise of this power or
1, Constitution]. The Sandiganbayan is a Constitutionally authority
mandated court, but it is created by statute. [PD 1486]
Jurisdiction is distinct from the exercise thereof.
Jurisdiction is the authority to decide a case and not the
REQUISITES FOR A VALID EXERCISE OF JURISDICTION decision rendered therein. When there is jurisdiction over
1. Court must have jurisdiction over the persons of the subject matter, the decision on all other questions
the parties arising in the case is but an exercise of jurisdiction.
2. It must have jurisdiction over the subject matter [Herrera v. Baretto et al (1913)]
of the controversy
3. It must have jurisdiction over the res
4. It must have jurisdiction over the issues Error of Jurisdiction as distinguished from Error of
Judgment

JURISDICTION OVER THE PARTIES

Error of jurisdiction Error of judgment
The manner by which the court acquires jurisdiction over
the parties depends on whether the party is the plaintiff It is one which the court
or the defendant. may commit in the
exercise of its jurisdiction
It is one where the act
The mode of acquisition of jurisdiction over the plaintiff [Cabrera v. Lapid (2006)].
complained of was issued
and the defendant applies both to ordinary and special It includes errors of
by the court without or in
civil actions. procedure or mistakes in
excess of jurisdiction
the court’s mistakes in the
[Cabrera v. Lapid (2006)].
How jurisdiction over the PLAINTIFF is acquired - court’s findings [Banco
Jurisdiction over the plaintiff is acquired by filing of the Filipino Savings v. CA
complaint or petition. By doing so, he submits himself to (2000)]
the jurisdiction of the court [Davao Light & Power Co., Inc. Correctible only by the
v CA (1991)]. extraordinary writ of Correctible by appeal
certiorari [Cabrera v Lapid [Cabrera v Lapid (2006)]
How jurisdiction over the DEFENDANT is acquired - (2006)]
Acquired by the Ground for reversal only if
1. Voluntary appearance or submission by the Renders a judgment void or it is shown that prejudice
defendant or respondent to the court or voidable [Rule 16 Sec. 1, has been caused [Banco
2. By coercive process issued by the court to him, Rule 65] Español-Filipino v Palanca
generally by the service of summons [de Joya v. (1918)]
Marquez (2006), citing Regalado]

NOTE: In an action in personam, jurisdiction over the How conferred and determined:
person is necessary for the court to validly try and decide 1. Jurisdiction being a matter of substantive law, the
the case, while in a proceeding in rem or quasi in rem, statute in force at the time of the commencement
jurisdiction over the person of the defendant is not a of the action determines the jurisdiction of the
prerequisite to confer jurisdiction on the court provided court.
the latter has jurisdiction over the res [Alba v. CA (2005)].
2. It is conferred only by the Constitution or the law.
 The court, once jurisdiction has been acquired, retains
3. Jurisdiction CANNOT be: that jurisdiction until it finally disposes of the case
a. Fixed by agreement of the parties; [Bantua v. Mercader (2001)].
b. Cannot be acquired through, or waived,
enlarged or diminished by, any act or As a consequence, jurisdiction is not affected by a new
omission of the parties; law placing a proceeding under the jurisdiction of another
c. Neither can it be conferred by the tribunal, EXCEPT:
acquiescence of the court [Regalado citing De 1. Where there is an express provision in the
Jesus v Garcia (1967)]. statute
d. Cannot be subject to compromise [Civil Code, 2. The statute is clearly intended to apply to actions
Art 2035] pending before its enactment [Riano citing People
v. Cawaling (1998)].
4. Jurisdiction over the subject matter is determined
by the allegations of the complaint and the reliefs
prayed for. [Gulfo v. Ancheta (2012)] Objections to Jurisdiction over the Subject Matter

5. It is not affected by the pleas set up by the When it appears from the pleadings or evidence on record
defendant in the answer or in the answer or in a that the court has no jurisdiction over the subject matter,
motion to dismiss. [Sindico v. Diaz (2004)]. the court shall dismiss the same. (Sec. 1, Rule 9)

6. Once attached to a court, it cannot be ousted by The court may on its OWN INITIATIVE object to an
subsequent statute. erroneous jurisdiction and may ex mero motu take
a. Exception: The statute itself conferring new cognizance of lack of jurisdiction at any point in the case
jurisdiction expressly provides for and has a clearly recognized right to determine its own
retroactive effect. [Southern Food v. Salas jurisdiction [Fabian v. Desierto (1998)].
(1992)]
Earliest opportunity of a party to raise the issue of
7. The filing of the complaint or appropriate jurisdiction is in a motion to dismiss filed before the filing
initiatory pleading and the payment of the or service of an answer. Lack of jurisdiction over subject
prescribed docket fee vest a trial court with matter is a ground for a motion to dismiss. If no motion is
jurisdiction over the subject matter or the nature filed, the defense of lack of jurisdiction may be raised as
of the action [CB v. CA (1992)](2008 Bar Exam). an affirmative defense in the answer. [Riano citing Sec.
a. Exception: Non-payment of docket fee does 1(b) and 6 of Rule 16].
not automatically cause the dismissal of the
case on the ground of lack of jurisdiction as Jurisdiction over the subject matter may be raised at any
long as the fee is paid within the applicable stage of the proceedings, even for the first time on appeal.
prescriptive or reglementary period, more so When the court dismisses the complaint for lack of
when the party involved demonstrates a jurisdiction over the subject matter, it is common reason
willingness to abide by the rules prescribing that the court cannot remand the case to another court
such payment. [Go v. Tong (2003)] with the proper jurisdiction. Its only power is to dismiss
and not to make any other order.

Doctrine of Primary Jurisdiction

Effect of Estoppel on Objections to Jurisdiction
Courts cannot and will not resolve a controversy
involving a question which is within the jurisdiction of an General Rule: Estoppel does not apply to confer
administrative tribunal, especially where the question jurisdiction to a tribunal that has none over a cause of
demands the exercise of sound administrative discretion action. Jurisdiction is conferred by law. Where there is
requiring the special knowledge, experience and services none, no agreement of the parties can provide one. Settled
of the administrative tribunal to determine technical and is the rule that the decision of a tribunal not vested with
intricate matters of fact [Paloma v. Mora (2005)]. appropriate jurisdiction is null and void. [SEAFDEC-AQD v.
NLRC (1992)]
Objective is to guide a court in determining whether it
should refrain from exercising its jurisdiction until after Exception: Participation in all stages of the case before the
an administrative agency has determined some question trial court, that included invoking its authority in asking
or some aspect of some question arising in the proceeding for affirmative relief, effectively barred petitioner by
before the court [Riano citing Omictin v. CA (2007)] estoppel from challenging the court’s jurisdiction. [Soliven
v. Fastforms (2004)]

Doctrine of Adherence of Jurisdiction

JURISDICTION OVER THE ISSUES
Also known as doctrine of continuity of jurisdiction
It is the power of the court to try and decide issues raised
in the pleadings of the parties.
An issue is a disputed point or question to which parties JURISDICTION OF THE METROPOLITAN
to an action have narrowed down their several allegations TRIAL COURTS AND MUNICIPAL TRIAL
and upon which they are desirous of obtaining a decision.
Where there is no disputed point, there is no issue.
COURTS

Generally, jurisdiction over the issues is conferred and JURISDICTION OF THE MTCs IN CIVIL CASES
determined by:
1. The pleadings of the parties. The pleadings Exclusive Original Jurisdiction
present the issues to be tried and determine 1. If the amount involved does not exceed P300,000
whether or not the issues are of fact or law. outside Metro Manila or does not exceed
2. Stipulation of the parties as when in the pre-trial, P400,000 in Metro Manila in the following cases:
the parties enter into stipulations of facts and a. Actions involving personal property
documents or enter into agreement simplifying b. Probate Proceeding (testate and intestate)
the issues of the case. based on gross value of the estate
3. Waiver or failure to object to the presentation of c. Admiralty and maritime cases
evidence on a matter not raised in the pleadings. d. Demand for money
Here the parties try with their express or implied
consent or issues not raised by the pleadings. The NOTE: Do not include Interest, Damages of
issues tried shall be treated in all respects as if whatever kind, Attorney’s fees, Litigation
they had been raised in the pleadings. Expenses, and Costs (IDALEC). However, in
cases where the claim for damages is the
main cause of action, or one of the causes of
JURISDICTION OVER THE RES OR PROPERTY IN action, the amount of such claim shall be
LITIGATION considered in determining the jurisdiction of
the court.
Jurisdiction over the res refers to the court’s jurisdiction
over the thing or the property which is the subject of the 2. Actions involving title to, or possession of, real
action. property, or any interest therein where the
assessed value of the property or interest therein
Jurisdiction over the res may be acquired by the court does not exceed P20,000 outside Metro Manila or
1. By placing the property or thing under its does not exceed P50,000 in Metro Manila
custody (custodia legis)
a. The seizure of the thing under legal process 3. Inclusion and exclusion of voters
whereby it is brought into actual custody of
law 4. Those governed by the Rules on Summary
b. Example: attachment of property. Procedure
2. Through statutory authority conferring upon it a. Forcible entry and unlawful detainer (FEUD)
the power to deal with the property or thing (1) With jurisdiction to resolve issue of
within the court’s territorial jurisdiction ownership to determine ONLY issue of
a. Institution of a legal proceeding wherein the possession (provisional only)
power of the court over the thing is (2) Irrespective of the amount of damages or
recognized and made effective unpaid rentals sought to be recover
b. Example: suits involving the status of the (3) Where attorney’s fees are awarded, the
parties or suits involving the property in the same shall not exceed P20,000
Philippines of non-resident defendants. b. Other civil cases, except probate proceeding,
where the total amount of the plaintiff’s
claim does not exceed P200,000 in MM,
exclusive of interests and costs.

Special Jurisdiction over petition for writ of habeas

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

Delegated Jurisdiction to hear and decide cadastral and

land registration cases where:
1. There is no controversy over the land
2. In case of contested lands, the value does not
exceed P100, 000:
a. The value is to be ascertained:
(1) By the claimant’s affidavit
(2) By agreement of the respective
claimants, if there are more than one
(3) From the corresponding tax declaration
of the real property
 NOTE: MTC decisions in cadastral and land 5. Motion for extension of time to file pleadings,
registration cases are appealable in the same affidavits, or any other paper;
maner as RTC decisions 6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition
1st level courts: against any interlocutory order issued by the
a. Metropolitan Trial Court – Metro Manila; court;
b. Municipal Trial Courts in Cities – situated in cities 8. Motion to declare the defendant in default;
c. Municipal Circuit Trial Court – composed of 9. Dilatory motions for postponement;
multi-sala 10. Reply;
d. Municipal Trial Courts – in one municipality 11. Third-party complaints; and
12. Interventions. [Sec. 14, Prohibited pleadings and
motions]

JURISDICTION OVER SMALL CLAIMS,

SUMMARY PROCEDURE, AND BARANGAY CASES COVERED BY THE RULES ON BARANGAY
CONCILIATION
CONCILIATION
The Lupon of each barangay shall have the authority to
JURISDICTION OVER SMALL CLAIMS bring together the parties actually residing in the same
municipality or city for amicable settlement of all disputes
MTCs, MeTCs and MCTCs shall have jurisdiction over
actions for payment of money where the value of the EXCEPT:
claim does not exceed P100,000 exclusive of interest and 1. Where one party is the government or any
costs (Sec. 2, AM 08-8-7-SC, Oct. 27, 2009). subdivision or instrumentality thereof
2. Where one party is a public officer or employee,
Actions covered are and the dispute relates to the performance of his
1. Purely civil in nature where the claim or relief official functions
prayed for by the plaintiff is solely for payment or 3. Offenses punishable by imprisonment exceeding
reimbursement of sum of money, and one (1) year or a fine exceeding P5,000
2. The civil aspect of criminal actions, either filed 4. Offenses where there is no private offended party
before the institution of the criminal action, or 5. Where the dispute involves real properties
reserved upon the filing of the criminal action in located in different cities or municipalities unless
court, pursuant to Rule 111 (Sec. 4, AM 08-8-7- the parties thereto agree to submit their
SC). differences to amicable settlement by an
appropriate lupon
These claims may be: 6. Disputes involving parties who actually reside in
1. For money owed under the contracts of lease, barangays of different cities or municipalities,
loan, services, sale, or mortgage; except where such barangay units adjoin each
2. For damages arising from fault or negligence, other and the parties thereto agree to submit
quasi-contract, or contract; and their differences to amicable settlement by an
3. The enforcement of a barangay amicable appropriate lupon
settlement or an arbitration award involving a 7. Such other classes of disputes which the
money claim pursuant to Sec. 417 of RA 7160 President may determine in the interest of justice
(LGC). or upon the recommendation of the Secretary of
Justice
8. Any complaint by or against corporations,
CASES COVERED BY RULES ON SUMMARY PROCEDURE partnerships, or juridical entities. The reason is
that only individuals shall be parties to barangay
All cases of forcible entry and unlawful detainer (FEUD), conciliation proceedings either as complainants
irrespective of the amount of damages or unpaid rentals or respondents
sought to be recovered. Where attorney‘s fees are 9. Disputes where urgent legal action is necessary
awarded, the same shall not exceed P20,000; to prevent injustice from being committed or
further continued, specifically:
All other cases, except probate proceedings where the a. A criminal case where the accused is under
total amount of the plaintiff‘s claim does not exceed police custody or detention
P100,000 (outside Metro Manila) or P200,000 (in Metro b. A petition for habeas corpus by a person
Manila), exclusive of interest and costs. illegally detained or deprived of his liberty or
one acting in his behalf
Prohibited Pleadings: c. Actions coupled with provisional remedies,
1. Motion to dismiss the compliant except on the such as preliminary injunction, attachment,
ground of lack of jurisdiction; replevin and support pendente lite
2. Motion for a bill of particulars; d. Where the action may be barred by statute of
3. Motion for new trial, or for reconsideration of a limitation
judgment, or for reopening of trial; 10. Labor disputes or controversies arising from
4. Petition for relief from judgment; employer-employee relationship
 11. Where the dispute arises from the CARL 4. All actions involving the contract of marriage and
12. Actions to annul judgment upon a compromise family relations
which can be directly filed in court.
JURISDICTION OF FAMILY COURTS (RA 8369)
NOTE: It is a condition precedent under Rule 16; can be a. Petitions for guardianship, custody of
dismissed but without prejudice children and habeas corpus involving
children
b. Petitions for adoption of children and the
JURISDICTION OF THE REGIONAL TRIAL revocation thereof
COURTS, FAMILY COURTS, AND SHARI’A c. Complaints for annulment of marriage,
declaration of nullity of marriage and those
COURTS relating to status and property relations of
husband and wife or those living together
JURISDICTION OF THE RTC IN CIVIL CASES under different status and agreements, and
petitions for dissolution of conjugal
General Original Jurisdiction All cases not within the partnership of gains
exclusive jurisdiction of any court/tribunal/person/ body d. Petitions for support and/or
exercising judicial or quasi-judicial functions acknowledgment
e. Summary judicial proceedings brought under
Exclusive Original Jurisdiction the provisions of EO 209 (Family Code)
1. The action is incapable of pecuniary estimation f. Petitions for declaration of status of children
a. Such as rescission of contract, action to as abandoned, dependent or neglected
revive judgment, declaratory relief (1st part), children, petitions for voluntary or
support, expropriation) involuntary commitment of children, the
b. If the action is primarily for the recovery of a suspension, termination or restoration of
sum of money, the claim is considered parental authority and other cases
capable of pecuniary estimation, and cognizable under PD 603, EO 56 (1986) and
jurisdiction over the action will depend on other related laws
the amount of the claim. [RCPI v. CA (2002)] g. Petitions for the constitution of the family
c. If the basic issue is something other than the home
right to recover a sum of money, if the money
claim is purely incidental to, or a NOTE: In areas where there are no Family Courts,
consequence of, the principal relief sought, the above-enumerated cases shall be adjudicated
the action is one where the subject of the by the RTC (RA 8369)
litigation may not be estimated in terms of
money. [Soliven v. Fastforms (1992)] 5. To hear and decide intra-corporate
controversies, as per Sec. 52, Securities and
2. Title to, possession of, or interest in, real Regulations Code
property with assessed value exceeding P20,000 a. Cases involving devises or schemes
outside Metro Manila, or exceeds P50,000 in employed by or any acts, of the board of
Metro Manila directors, business associates, its officers or
a. Except: Forcible entry and unlawful detainer partnership, amounting to fraud and
cases misrepresentation which may be detrimental
to the interest of the public and/or of the
3. If the amount involved exceeds P300,000 outside stockholders, partners, members of
Metro Manila or exceeds P400,000 in Metro associations or organizations registered with
Manila in the following cases: the SEC
a. Admiralty and maritime cases b. Controversies arising out of intra-corporate
b. Matters of Probate (testate and intestate) or partnership relations, between and among
c. Other actions involving personal property stockholders, members or associates;
d. Demand for money between any or all of them and the
corporation, partnership or association of
NOTE: The exclusion of the term “damages of which they are stockholders, members or
whatever kind” in determining the associates, respectively; and between such
jurisdictional amount under Sec. 19(8) and corporation , partnership or association and
Sec. 33 (1) of BP 129, as amended by RA the state insofar as it concerns their
7691, applies to cases where the damages individual franchise or right to exist as such
are merely incidental to or a consequence of entity
the main cause of action. However, if the c. Controversies in the election or
claim for damages is the main cause of appointments of directors, trustees, officers
action, or one of the causes of action, the or managers of such corporations,
amount of such claim shall be considered in partnerships or associations
determining the jurisdiction of the d. Petitions of corporations, partnerships or
court.[Admin Circ. 09-94] associations to be declared in the state of
suspension of payments in cases where the
 corporation, partnership of association 2. All other personal and legal actions not
possesses sufficient property to cover all its mentioned in par 1 (d) wherein the parties
debts but foresees the impossibility of involved are Muslims except those for forcible
meeting them when they respectively fall due entry and unlawful detainer, which shall fall
or in cases where the corporation, under the exclusive jurisdiction of the MTC.
partnership of association has no sufficient 3. All special civil actions for interpleader or
assets to cover its liabilities, but is under the declaratory relief wherein the parties are
management of a Rehabilitation Receiver or Muslims or the property involved belongs
Management Committee. exclusively to Muslims

Concurrent Jurisdiction Cases Cognizable

1. With the Supreme Court in actions affecting 1. Offenses defined and punished under PD 1083
ambassadors, other public ministers and consuls 2. Disputes relating to:
2. With the SC and CA in petitions for certiorari, a. Marriage
prohibition and mandamus against lower courts b. Divorce
and bodies in petitions for quo warranto, habeas c. Betrothal or breach of contract to marry
corpus, and writ of continuing mandamus on d. Customary dowry (mahr)
environmental cases e. Disposition and distribution of property
3. With the SC, CA and Sandigabayan in petitions for upon divorce
writs of habeas data and amparo f. Maintenance and support and consolatory
4. With Insurance Commissioner – claims not gifts (mut’a)
exceeding P100,000 g. Restitution of marital rights
3. Disputes relative to communal properties
Appellate Jurisdiction over cases decided by lower
courts in their respective territorial jurisdictions EXCEPT NOTE: The Shari’a District Court or the Shari’a Circuit
decisions of lower courts in the exercise of delegated Court may constitute an Agama Arbitration Council to
jurisdiction. settle certain cases amicably and without formal trial.

Special Jurisdiction - SC may designate certain branches The Council is composed of the Clerk of Court as
of RTC to try exclusively criminal cases, juvenile and Chairperson and a representative of each of the
domestic relations cases, agrarian cases, urban land conflicting parties.
reform cases not falling within the jurisdiction of any
quasi-judicial body and other special cases in the interest
of justice. JURISDICTION OF THE SANDIGANBAYAN
Original Jurisdiction in all cases involving:
JURISDICTION OF THE SHARI’A COURTS 1. Violations of RA 3019 (Anti-Graft and Corrupt
Practices Act)
Exclusive Jurisdiction 2. Violations of RA 1379 (Anti-Ill-Gotten Wealth
1. All cases involving custody, guardianship, Act)
legitimacy, paternity and filiation arising under 3. Sequestration cases (E.O. Nos. 1,2,14,14-A)
the Code of Muslim Personal Laws; 4. Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC)
2. All cases involving disposition, distribution and where one or more of the principal accused are
settlement of estate of deceased Muslims, occupying the following positions in the
probate of wills, issuance of letters of government, whether in permanent, acting or
administration of appointment administrators or interim capacity at the time of the commission of
executors regardless of the nature or aggregate the offense:
value of the property; a. Officials of the executive branch occupying
3. Petitions for the declaration of absence and death the positions of regional director and higher,
for the cancellation and correction of entries in otherwise classified as Grade 27 and higher,
the Muslim Registries; of the Compensation and Position
4. All actions arising from the customary contracts Classification Act of 1989 (RA 6758)
in which the parties are Muslims, if they have not b. Members of Congress and officials thereof
specified which law shall govern their relations; classified as G-27 and up under RA 6758
and c. Members of the Judiciary without prejudice
5. All petitions for mandamus, prohibition, to the provisions of the Constitution
injunction, certiorari, habeas corpus and all other d. Chairmen and Members of the Constitutional
auxiliary writs and processes in aid of its Commissions without prejudice to the
appellate jurisdiction provisions of the Constitution
e. All other national and local officials classified
Concurrent Jurisdiction as Grade 27 and higher under RA 6758
1. Petitions of Muslim for the constitution of the f. Other offenses or felonies committed by the
family home, change of name and commitment of public officials and employees mentioned in
an insane person to an asylum
 Sec. 4(a) of RA 7975 as amended by RA 8249 6. Decision of the secretary of Finance on customs
in relation to their office cases elevated to him automatically for review
g. Civil and criminal cases filed pursuant to and from decisions of the Commissioner of Customs
in connection with EO Nos. 1, 2, 14-A (Sec. 4, which are adverse to the government under Sec.
RA 8249) 2315 of the Tariff and Customs Code;
7. Decisions of Secretary of Trade and Industry in
NOTE: Without the office, the crime cannot the case of non-agricultural product, commodity
be committed. or article, and the Secretary of Agriculture in the
case of agricultural product, commodity or
Appellate Jurisdiction Over final judgments, resolutions article, involving dumping duties and
or orders of the RTC whether in the exercise of their counterveiling duties under Secs. 301 and 302,
original or appellate jurisdiction over crimes and civil respectively, of the Tariff and Customs Code, and
cases falling within the original exclusive jurisdiction of safeguard measures under RA 8800, where either
the Sandiganbayan but which were committed by public party may appeal the decision to impose or not to
officers below Salary Grade 27. impose said duties.

Concurrent Original Jurisdiction with SC, CA, and RTC Exclusive Original Jurisdiction
for petitions for writs of habeas data and amparo 1. Over all criminal cases arising from violation of
the NIRC and the TCC and other laws, part of
NOTE: The requisites that the offender the offender laws, or special laws administered by the BIR or
occupies salary Grade 27 and the offense must be the BOC where the principal amount of taxes and
intimately connected with the official function must fees, exclusive of charges and penalties claimed is
concur for the SB to have jurisdiction less than P1M or where there is no specified
amount claimed (the offenses or penalties shall
be tried by the regular courts and the jurisdiction
JURISDICTION OF THE COURT OF TAX of the CTA shall be appellate);
2. In tax collection cases involving final and
APPEALS executory assessments for taxes, fees, charges
and penalties where the principal amount of
UNDER RA 9282 and RULE 5, AM 05-11-07 CTA taxes and fees, exclusive of charges and penalties
claimed is less than P1M tried by the proper MTC,
Exclusive Original or Appellate Jurisdiction to Review MeTC and RTC.
by Appeal:
1. Decisions of CIR in cases involving disputed Exclusive Appellate Jurisdiction
assessments, refunds of internal revenue taxes, 1. In criminal offenses
fees or other charges, penalties in relation a. Over appeals from the judgment, resolutions
thereto, or other matters arising under the NIRC or orders of the RTC in tax cases originally
or other laws administered by BIR; decided by them, in their respective
2. Inaction by CIR in cases involving disputed territorial jurisdiction, and
assessments, refunds of IR taxes, fees or other b. Over petitions for review of the judgments,
charges, penalties in relation thereto, or other resolutions or orders of the RTC in the
matters arising under the NIRC or other laws exercise of their appellate jurisdiction over
administered by BIR, where the NIRC or other tax cases originally decided by the MeTCs,
applicable law provides a specific period of MTCs, and MCTCs in their respective
action, in which case the inaction shall be deemed jurisdiction.
an implied denial; 2. In tax collection cases
3. Decisions, orders or resolutions of the RTCs in a. Over appeals from the judgments,
local taxes originally decided or resolved by them resolutions or orders of the RTC in tax
in the exercise of their original or appellate collection cases originally decided by them in
jurisdiction; their respective territorial jurisdiction; and
4. Decisions of the Commissioner of Customs b. Over petitions for review of the judgments,
a. in cases involving liability for customs duties, resolutions or orders of the RTC in the
fees or other charges, seizure, detention or exercise of their appellate jurisdiction over
release of property affected, fines, forfeitures tax collection cases originally decided by the
or other penalties in relation thereto, or MeTCs, MTCs and MCTCs in their respective
b. other matters arising under the Customs law jurisdiction.
or other laws, part of laws or special laws
administered by BOC;
5. Decisions of the Central Board of Assessment
Appeals in the exercise of its appellate
JURISDICTION OF THE COURT OF APPEALS
jurisdiction over cases involving the assessment
and taxation of real property originally decided JURISDICTION OF THE COURT OF APPEALS IN CIVIL
by the provincial or city board of assessment CASES
appeals;
Exclusive Original Jurisdiction in actions for annulment Appellate Jurisdiction
of judgments of the RTC 1. By way of petition for review on certiorari
(appeal by certiorari under Rule 45) against CA,
Concurrent Original Jurisdiction Sandiganbayan, RTC on pure questions of law
1. With SC to issue writs of certiorari, prohibition and CTA in its decisions rendered en banc.
and mandamus against the RTC, CSC, CBAA, other 2. In cases involving the constitutionality or validity
quasi-judicial agencies mentioned in Rule 43, and of a law or treaty, international or executive
the NLRC (however, this should be filed first with agreement, law, presidential decree,
the CA as per St. Martin Funeral Home case), and proclamation, order, instruction, ordinance or
writ of kalikasan. regulation, legality of a tax, impost, assessment,
2. With the SC and RTC to issue writs of certiorari, toll or penalty, jurisdiction of a lower court; and
prohibition and mandamus against lower courts 3. All cases in which the jurisdiction of any court is
and bodies and writs of quo warranto, habeas in issue;
corpus, whether or not in aid of its appellate 4. All cases in which an error or question of law is
jurisdiction, and writ of continuing mandamus on involved
environmental cases. 5. The SC may resolve factual issues in certain
3. With SC, RTC and Sandiganbayan for petitions for exceptional circumstances (Josefa v. Zhandong,
writs of amparo and habeas data where the 2003)
action involves public data or government office a. The conclusion is grounded on speculations/
surmises /conjectures
Exclusive Appellate Jurisdiction b. The inference is manifestly
1. By way of ordinary appeal from the RTC and the mistaken/absurd/impossible;
Family Courts. c. There is grave abuse of discretion;
2. By way of petition for review from the RTC d. The judgment is based on a misapprehension
rendered by the RTC in the exercise of its of facts;
appellate jurisdiction. e. The findings of fact are conflicting;
3. By way of petition for review from the decisions, f. There is no citation of specific evidence on
resolutions, orders or awards of the CSC, CBAA which the factual findings are based;
and other bodies mentioned in Rule 43 and of the g. The finding of absence of facts is
Office of the Ombudsman in administrative contradicted by the presence of evidence on
disciplinary cases. record;
4. Over decisions of MTCs in cadastral or land h. The findings of the CA are contrary to those
registration cases pursuant to its delegated of the trial court;
jurisdiction; this is because decisions of MTCs in i. The CA manifestly overlooked certain
these cases are appealable in the same manner as relevant and undisputed facts that, if
decisions of RTCs. properly considered, would justify a different
conclusion;
j. The findings of the CA are beyond the issues
JURISDICTION OF THE SUPREME COURT of the case;
k. Such findings are contrary to the admissions
JURISDICTION OF THE SUPREME COURT IN CIVIL of both parties.
CASES

Exclusive Original Jurisdiction in petitions for

certiorari, prohibition and mandamus against the CA, TOTALITY RULE
COMELEC, COA, CTA, Sandiganbayan
Where there are several claims or causes of actions
Concurrent Original Jurisdiction between the same or different parties, embodied in the
1. With Court of Appeals in petitions for certiorari, same complaint, the amount of the demand shall be the
prohibition and mandamus against the RTC, CSC, totality of the claims in all the claims of action,
Central Board of Assessment Appeals, NLRC, irrespective of whether the causes of action arose out of
Quasi-judicial agencies, and writ of kalikasan, all the same or different transactions (Sec. 33[1], BP 129).
subject to the doctrine of hierarchy of courts.
2. With the CA and RTC in petitions for certiorari,
prohibition and mandamus against lower courts
and bodies and in petitions for quo warranto, and
writs of habeas corpus, all subject to the doctrine
of hierarchy of courts.
3. With CA, RTC and Sandiganbayan for petitions for
writs of amparo and habeas data
4. Concurrent original jurisdiction with the RTC in
cases affecting ambassadors, public ministers and
consuls.
COMMENCEMENT OF
(a) Real, or
(b) Personal

ACTIONS TO TRIAL ORDINARY CIVIL ACTIONS: An ordinary civil action is

one that is governed by the rules for ordinary civil actions
[Rule 1, Sec. 3(a) par 2]

ACTIONS SPECIAL CIVIL ACTIONS: A special civil action is one that

is subject to the specific rules prescribed for a special civil
ACTIONS IN GENERAL: An ordinary suit in a court of action; it is also governed by the rules for ordinary civil
justice by which one party prosecutes another for the actions [Rule 1, Sec. 3(a) par 2]
enforcement/ protection of a right or the
prevention/redress of a wrong [Santos v. Vda. De Caparas, CRIMINAL ACTIONS: A criminal action is one by which
(1959)] the State prosecutes a person for an act or omission
punishable by law. [Rule 1, Sec. 3(b)]
An action is a formal demand of one’s legal rights in a
court of justice in the manner prescribed by the court or CIVIL ACTIONS vs. SPECIAL PROCEEDINGS
by the law. Determinative fact which converts a claim into
an action or suit is the filing of the same with a court of A civil action is one by which a party sues another for the
justice. (Herrera) enforcement or protection of a right, or the prevention or
redress of a wrong. [Rule 1, Sec. 3(a) par 1]
Action v. Cause of Action
A special proceeding is a remedy by which a party seeks to
CAUSE OF ACTION ACTION establish a status, a right, or a particular fact. [Rule 1, Sec.
3 (c)]
A cause of action is the
basis of the action filed Ordinary suit in a court of
[Rule 2, Sec.1] justice, by which one party Action Special Proceeding
prosecutes another for the
Fact or combination of facts enforcement or protection As to Parties
which affords a party a of a right, or the Involves at least 1 party
Involves 2 or more parties
right to judicial prosecution or redress of a or 2 or more
interference in his wrong parties in proper cases
behalf. [Into v. Valle As to cause of action
(2005)] Involves a right and a
May involve a right, but
violation of such right by
there need not be a
Kinds of Action the defendant which causes
violation of this right
some damage/prejudice
1. Civil or Criminal upon the plaintiff
a. Civil – one by which a party sues another for As to formalities
the enforcement or protection of a right, or Requires no such
the prevention or redress of a wrong Requires the application of
formalities, as it
b. Criminal – one by which the State prosecutes legal remedies in
may be granted upon
a person for an act or omission punishable by accordance with the
application
law prescribed rules
As to governing rules
2. Ordinary or Special – both are governed by the
rules of ordinary civil actions, subject to the Ordinary rules of procedure Special rules of procedure
specific rules prescribed for a special civil action As to appeal from an interlocutory
a. Special Order
b. Ordinary – may be classified as:
(1) As to place Cannot be directly and
(a) Transitory – action founded on privity immediately appealed to Can be immediately and
of contract between parties; brought the appellate court until directly appealed to the
in the place where the party resides after final judgment on the appellate court
(b) Local – action founded on privity of merits
estate only and there is no privity of
contract; brought in a particular place PERSONAL ACTIONS AND REAL ACTIONS
(2) As to object – or against which the action
is directed, actions may be classified as: Real Actions: Actions affecting title to or possession of real
(a) In personam; property, or interest therein. [Rule 4, Sec. 1 par 1]
(b) In rem; or
(c) Quasi in rem Personal Actions: All other actions are personal actions.
(3) As to cause or foundation [Rule 4, Sec.2]
Importance of Distinction: For purposes of determining
venue of the action (Riano) But if there is no privity of contract and the action is
1. Real actions shall be commenced and tried in the founded on privity of estate only, such as a covenant that
proper court which has jurisdiction over the area runs with the land in the hands of remote grantees, then
wherein the real property involved, or a portion the action is local and must be brought in the place where
thereof, is situated. [Rule 4, Sec.1] the land lies
2. Personal actions may be commenced and tried
where the plaintiff or any of the principal
plaintiffs resides, or where the defendant or any ACTIONS IN REM, IN PERSONAM, AND QUASI IN REM
of the principal defendants resides, or in the case
of a non-resident defendant, where he may be ACTION IN ACTION
ACTION IN REM
found, at the election of the plaintiff. [Rule 4, PERSONAM QUASI IN REM
Sec.2] Directed
Directed against Directed against against
NOTE: Not every action involving a real property is a the thing itself particular persons particular
real action because the realty may only be incidental persons
to the subject matter of the suit. To be a real action, it Jurisdiction
is not enough that the action must deal with real over the
property. It is important that the matter in litigation person of
must also involve any of the following issues: title to, Jurisdiction over Jurisdiction over
defendant is
ownership, possession, paritition, foreclosure or the person of the the person of
not required
mortgage or any interest in real property. (Riano) defendant not defendant
as long as
required required
jurisdiction
Personal over the res is
Real action Mixed action
action required
Personal Proceeding to
property is subject the
sought to be interest of a
Ownership or recovered or Both real and Proceeding to named
possession of real damages for personal Action to impose a
determine the defendant
property is breach of properties are responsibility or
state or over a
involved Contract or the involved liability upon a
condition of a particular
enforcement of a person directly
thing property to an
contract are obligation or
sought lien burdening
Founded on Founded on it
Founded on both
privity of real privity of Judgment is
estate contract Judgment
Judgment is binging only upon
binging upon
Filed in the court Filed in the court binding on the impleaded parties
particular
where the where the The rules on whole world or their successors
persons
property (or any plaintiff or any of venue of real in interest
portion thereof) the defendants actions govern E.g. Action for
is situated resides, at the E.g. Probate E.g. Specific
partition;
plaintiff’s option proceeding, performance,
foreclosure of
cadastral action for breach
real estate
proceeding of contract
mortgage
LOCAL AND TRANSITORY ACTIONS
The question of whether the trial court has jurisdiction
Local action Transitory action depends on the nature of the action, i.e., whether the
One that could be instituted One that could be action is in personam, in rem, or quasi in rem. [Riano citing
in one specific place prosecuted in any one of Biaco v. Philippine Countryside Rural Bank (2007)]
[Manila Railroad v. several places [Manila
Attorney-General (1911)] Railroad v. Attorney- The distinction is important to determine whether or not
General (1911)] jurisdiction over the person of the defendant is required
Venue depends upon the Its venue depends upon the and consequently to determine the type of summons to be
location of the property residence of the plaintiff or employed. [Riano citing Gomez v. Court of Appeals (2004)]
involved in the litigation the defendant at the option
(Riano) of the plaintiff (Riano)
INDEPENDENT CIVIL ACTIONS
E.g. Action to recover real E.g. Action to recover sum
property of money Rule 111, Sec 3: When civil action may proceeded
independently. — In the cases provided for in Articles 32,
If action is founded on privity of contract between parties, 33, 34 and 2176 of the Civil Code of the Philippines, the
then the action is transitory independent civil action may be brought by the offended
party. It shall proceed independently of the criminal
action and shall require only a preponderance of
evidence. In no case, however, may the offended party
recover damages twice for the same act or omission
charged in the criminal action.
 CAUSE OF ACTION
A failure to state a cause of action is not the same as an
CAUSE OF ACTION: A cause of action is the act or absence or a lack of cause of action. The former refers to
omission by which a party violates a right of another. an insufficiency in the allegations of the complaint while
[Rule 2, Sec.2] the latter refers to the failure to prove or to establish by
evidence one’s stated cause of action. [Riano]
Every ordinary civil action must be based on a cause of
action [Rule 2, Sec. 1]
TEST OF THE SUFFICIENCY OF A CAUSE OF ACTION
A cause of action stems from the sources of obligations
under Art. 1156, CC - Law, Contract, Quasi-contract, Acts Whether or not admitting the facts alleged, the court
and omissions punishable by law and Quasi-delict. could render a valid verdict in accordance with the prayer
[Sagrada Orden etc v. National Coconut Corporation of the complaint [Santos v. de Leo (2005)]
(1952)]

Elements of a Cause of Action: SPLITTING A SINGLE CAUSE OF ACTION; EFFECTS

1. Plaintiff’s legal right;
2. Defendant’s correlative obligation to respect Definition: The act of instituting two or more suits on the
plaintiff’s right; basis of the same cause of action. [Rule 2, Sec.4]
3. Defendant’s act/omission in violation of
plaintiff’s right [Ma-ao Sugar Central v. Barrios The act of dividing a single or indivisible cause of action
(1947)] into several parts or claims and bringing several actions
thereon. (Regalado)

RIGHT OF ACTION vs. CAUSE OF ACTION (Regalado) The test of singleness of cause of action lies in the
singleness of the delict or wrong violating the rights of
one person.
Right of action
Cause of action For a single cause of action or violation of a right, the
The remedial right or right plaintiff may be entitled to several reliefs. It is the filing of
The delict or wrongful act separate complaints for these several reliefs that
to relief granted by law to a
or omission committed by constitutes splitting up of the cause of action which is
party to institute an action
the defendant in violation proscribed by Rule 2, Sec. 3 and 4. [City of Bacolod v. SM
against a person who has
of the primary rights of the Brewery (1969)]
committed a delict or
plaintiff
wrong against him
Right to sue as a Effects:
The delict or wrong 1. The filing of one or a judgment upon the merits in
consequence of the delict
Determined by the any one is available as a ground for the dismissal
Whether such acts give him averments in the pleading of the others. [Rule 2, Sec.4]
right of action determined regarding the acts 2. Filing of the 1st complaint may be pleaded in
by substantive law committed by the abatement of the 2nd complaint, on the ground of
defendant litis pendentia; or
3. A judgment upon the merits in any of the
There can be no right of action without a cause of action complaints is available as ground for dismissal of
being first established [Regalado citing Español v. The the others based on res judicata.
Chairman of PVA (1985)] 4. A Motion to Dismiss under Rule 16 (litis
pendentia or res judicata) may be filed in order
that the complaint may be dismissed.
FAILURE TO STATE CAUSE OF ACTION
Ratio: A party may not institute more than one suit for a
There is a failure to state a cause of action if the pleading single cause of action. [Rule 2, Sec. 3]
asserting the claim states no cause of action. This is a 1. To prevent repeated litigation between the same
ground for a motion to dismiss. [Rule 16, Sec.1(g)] parties in regard to the same subject or
controversy;
It is submitted that the failure to state a cause of action 2. To protect the defendant from unnecessary
does not mean that the plaintiff has “no cause of action.” It vexation. Nemo debet vexare pro una et eadem
only means that the plaintiff’s allegations are insufficient causa (No man shall be twice vexed for one and
for the court to know that the rights of the plaintiff were the same cause);
violated by the defendant. [Riano] 3. To avoid the costs and expenses incident to
numerous suits. [City of Bacolod v. SM Brewery
There is a failure to state a cause of action if allegations in (1969)]
the complaint taken together, do not completely spell out
the elements of a particular cause of action. [Riano]
JOINDER OF CAUSES OF ACTION not so severed, any adjudication rendered by the court
with respect to the same would be a nullity. [Ada v. Baylon
It is the assertion of as many causes of action as a party (2012)]
may have against another in one pleading alone. It is also
the process of uniting 2 or more demands or rights of There is no sanction against non-joinder of separate
action in one action. [Riano citing Rule 2, Sec. 5 and CJS] causes of action since a plaintiff needs only a single cause
of action to maintain an action (Regalado).
By a joinder of actions, or more properly, a joinder of
causes of action is meant the uniting of two or more In case of misjoinder of causes of action, the cause of
demands or rights of action in one action, the statement of action erroneously joined need only be separated and
more than one cause of action in a declaration [Ada v. dismissed, without affecting the action with regard to
Baylon (2012)] other causes of action (Regalado).

SPLITTING OF CAUSES JOINDER OF CAUSES

There is a single cause of Contemplates several
action causes of action
Prohibited Encouraged
It minimizes multiplicity
It causes multiplicity of
of suits and
suits and double vexation
inconvenience on the
on part of defendant
parties

Ratio: To avoid a multiplicity of suits and to expedite

disposition of litigation at minimum cost [Ada v. Baylon
(2012)]

The rule however is purely permissive as the plaintiff can

always file separate actions for each cause of action.
[Baldovi v. Sarte, (1917)]

Joinder shall not include special civil actions governed by

special rules. [Ada v. Baylon (2012)]

Requisites [Rule 2, Sec. 5]:

1. The party joining the causes of action must
comply with the rules on joinder of parties;
2. The joinder shall not include special civil actions
or actions governed by special rules;
3. Where causes of action are between the same
parties but pertain to different
venues/jurisdictions, the joinder may be allowed
in the RTC provided one of the causes of action
are within the RTC’s jurisdiction and the venue
lies therein;
4. TOTALITY RULE - Where the claims in all the
causes of action are principally for recovery of
money, the aggregate amount claimed shall be
the test of jurisdiction.

MISJOINDER OF CAUSES OF ACTION (Rule 2, Sec. 6)

Misjoinder of causes of action is not a ground for

dismissal of an action. A misjoined cause of action may, on
motion or motu propio, be severed and proceeded with
separately. However, if there is no objection to the
improper joinder or the court did not motu proprio direct
a severance, then there exists no bar in the simultaneous
adjudication of all the erroneously joined causes of action.
However, this rule exists only when the court trying the
case has jurisdiction over all of the causes of action
therein notwithstanding the misjoinder of the same. This
is because if the court has no jurisdiction to try the
misjoined action, then the same must be severed and if
 PARTIES TO CIVIL ACTIONS PARTIES TO A CIVIL ACTION

REQUIREMENTS FOR A PERSON TO BE A PARTY TO A Plaintiff – one having an interest in the matter of the
CIVIL ACTION: action or in obtaining the relief demanded. The term may
either refer to the claiming party, counter-claimant, cross-
For a Person to be a Party to a Civil Action: claimant, or third-party plaintiff
1. He must be a natural or juridical person or an
entity authorized by law Defendant – one claiming an interest in the controversy
2. He must have legal capacity to sue; and or the subject thereof adverse to the plaintiff. Term may
3. He must be the real party-in-interest also include:
1. An unwilling co-plaintiff or one who should be
A party must be a natural or juridical person or an entity joined as plaintiff but refuses to give his consent
authorized by law thereto (Sec. 10, Rule 3)
- Only natural and juridical persons may be parties 2. The original plaintiff becoming a defendant to the
- See Art. 44, NC original counterclaim of defendant; and
- Entities authorized by law may also be parties, 3. One necessary to a complete determination or
e.g.: settlement of the questions involved therein
a. Partnership has a juridical personality
separate and distinct from that of each of the
partners, even in case of failure to comply REAL PARTIES IN INTEREST
with the requirements in Art 1772 NCC (Art.
1768 NCC) Who is a real party-in-interest: (Rule 3, Sec. 2)
b. Labor organizations organized in accordance 1. The party who stands to be benefited/injured by
with law may file a complaint or petition in the judgment in the suit;
court in representation of its members (Art 2. The party entitled to the avails of the suit.
242 LC)
c. As to properties of the Roman Catholic Rules:
Church, the Archbishop or diocese to which 1. Every action must be prosecuted or defended in
they belong may be a party (Ponce v. Roman the name of the real party in interest. [Rule 3,
Catholic) Sec.2]
2. The party’s interest must be direct, substantial
Legal Capacity to Sue and material [Sumalo v. Litton (2006)].
3. Husband and wife shall sue and be sued jointly,
Legal capacity to sue or be sued means that the party is except as provided by law [Rule 3, Sec. 4]
free from general disability (e.g. minority or insanity) or, 4. A minor or a person alleged to be incompetent
in case of juridical entities, that it must be duly registered may sue or be sued, with the assistance of his
in accordance with law father, mother, guardian, or if he has none, a
guardian ad litem. [Rule 3, Sec. 5]
Under Sec. 4, Rule 8, legal capacity to sue must be averred 5. Minors (represented by their parents) are real
parties in interest under the principle of
Lack of legal personality to intergenerational responsibility. [Oposa v.
Lack of legal capacity to sue Factoran (1993)]
sue
The plaintiff’s general 6. If a party becomes incompetent/ incapacitated
disability to sue, such as on during the pendency of the action, the action
account of minority, The plaintiff is not the real survives and may be continued by/against the
insanity, incompetence, party in interest incompetent/ incapacitated assisted by his legal
lack of juridical personality guardian or guardian ad litem [Rule 3, Sec. 18]
or any other general
disqualifications Failure to Name Real Party in Interest
It can be used as ground for a. Effect: a motion to dismiss may be filed on the
It can be a ground for a a MTD based on the failure ground that the complaint states no cause of
MTD [Rule 16 (1) (d)] of complaint to state a action
cause of action. [Rule 16 (a) If a complaint is filed for and in behalf of a
(1) (g)] plaintiff who is not authorized to do so, the
complaint is not deemed filed
Real- Party in Interest b. Remedies:
(1) Amendment of pleadings (Alonso v. Villamor,
Interest within the meaning of the Rules of Court means 1910); or
material interest or an interest in issue to be affected by (2) Complaint may be deemed amended to
the decree or judgment of the case, as distinguished from include the real party-in-interest (Balquidra
mere curiosity about the question involved. [Ang v. Sps. v. CFI Capiz, 1977)
Ang (2012)] c. Exception: A real litigant may be held bound as a
party even if not formally impleaded provided he
had his day in court (Albert v. University
Publishing Co., 1958)
 They are those with such They are those whose
INDISPENSABLE PARTIES an interest in the presence is necessary to
controversy that a final adjudicate the whole
Who: An indispensable party is a real party-in-interest decree would necessarily controversy but whose
without whom no final determination can be had of an affect their rights so that interests are so far
action. [Rule 3, Sec.7] the court cannot proceed separable that a final decree
without their presence. can be made in their
A party who has such an interest in the controversy or absence without affecting
subject matter that a final adjudication cannot be made, in them.
his absence, without injuring or affecting that interest.
[Riano] Whenever in any pleading in which a claim is asserted a
necessary party is not joined, the pleader is under
The joinder of a party becomes compulsory when the one obligation to:
involved is an indispensable party. [Riano citing Rule 3, 1. Set forth the name of the necessary party, if
Sec.7] known, and
2. State the reason why the necessary party is
A person is NOT an indispensable party if his interest in omitted. [Riano citing Rule 3, Sec. 9 par 1]
the controversy or subject matter is separable from the
interest of the other parties, so that it will not necessarily The non-inclusion of a necessary party does not prevent
be directly or injuriously affected by a decree which does the court from proceeding in the action, and the judgment
not complrete justice between them. [Riano] rendered therein shall be without prejudice to the rights
of such necessary party [Rule 3, Sec. 9 par 3]

REPRESENTATIVE AS PARTIES
INDIGENT PARTIES
Who: Those acting in fiduciary capacity, such as a
trustee/guardian/executor/administrator or a party Who: An indigent is one who has no money or property
authorized by law or ROC. (Rule 3, Sec. 3) sufficient and available for food, shelter, and basic
necessities (Rule 3, Sec. 21)
The beneficiary shall be included in the title of the case
and shall be deemed to be the real party in interest. Authority to Litigate as Indigent Party
- May be granted upon an ex parte application and
General Rule: An agent acting in his own name and for the hearing
benefit of an undisclosed principal may sue or be sued - It shall include an exemption from payment of
without joining the principal. docket and other lawful fees (e.g. fees for TSN)

Exception: If the contract involves things belonging to the NOTE: The amount of docket and other lawful
principal. [Art. 1883, CC] fees is a lien on any judgment rendered in favor
of indigent party, unless court otherwise
provides.
NECESSARY PARTIES
Adverse party may contest: Authority may be contested
Who: One who is not indispensable but ought to be joined by the adverse party at any time before judgment is
as a party if complete relief is to be accorded as to those rendered
already parties, or for a complete determination or - If the court determines after hearing that the
settlement of the claim subject of the action (Rule 3, Sec. party declared indigent has sufficient income or
8) property, the proper docket and other lawful fees
shall be assessed and collected by the clerk of
Indispensable parties v. Necessary parties court

Indispensable parties [Rule Necessary parties [Rule 3,

3, Sec. 7] Sec. 8] ALTERNATIVE DEFENDANTS
Must be joined under any Should be joined whenever
and all conditions, his possible; the action can Where the plaintiff is uncertain against whom of several
presence being a sine qua proceed even in their persons he is entitled to relief, he may join any or all of
non for the exercise of absence because their them in the alternative, although a right to relief against
judicial power interest is separable from one may be inconsistent with a right to relief against the
that of the indispensable other. (Rule 3, Sec. 13)
party
No valid judgment if The case may be determined
indispensable party is not in court but the judgment COMPULSORY AND PERMISSIVE JOINDER OF PARTIES
joined. therein will not resolve the
entire controversy if a Compulsory Joinder of Indispensable Parties (Rule 3, Sec.
necessary party is not joined 7) - Parties in interest without whom no final
determination can be had of an action shall be joined initiative at any stage of the action and on such
either as plaintiffs or defendants terms as are just. [Rule 3, Sec.11]

Joinder of INDISPENSABLE PARTIES are mandatory Objections to defects in parties: Objections to defects in
parties should be made at the earliest opportunity.
Effect of Absence of Indispensable Parties: - The moment such defect becomes apparent, a
1. It is the duty of the court to stop the trial and to motion to strike the names of the parties must be
order the inclusion of such party (Cortez v. made.
Avila). Such an order is unavoidable - Objections to misjoinder cannot be raised for the
2. Absence of an indispensable party renders all first time on appeal [Lapanday Agricultural &
subsequent actuations of the court null and void, Development Corporation v. Estita (2005)]
for want of authority to act, not only as to the
present parties but even as to those present
CLASS SUIT

Permissive Joinder (Rule 3, Sec. 6) - Parties can be joined, Requisites: (Rule 3, Sec. 12)
as plaintiffs or defendants, in one single complaint or may 1. Subject matter of the controversy is one of
themselves maintain or be sued in separate suits. common/general interest to many persons;
2. The persons are so numerous that it is
Requisites of Permissive Joinder: impracticable to join them all as parties (i.e.
1. Right to relief arises out of the same transaction impracticable to bring them all before the court);
or series of transactions 3. Parties bringing the class suit are sufficiently
a. Transaction - not only a stipulation or numerous and representative of the class and can
agreement but any event resulting in wrong, fully protect the interests of all concerned;
without regard to whether the wrong has 4. The representative sues/defends for the benefit
been done by violence, neglect, or breach of of all.
contract
b. Series of transaction – transactions Any party in interest shall have the right to intervene to
connected with the same subject of the action protect his individual interest. [Rule 3, Sec. 12]
2. There is a question of law or fact common to all
the plaintiffs or defendants If a class suit is improperly brought, the action is subject
3. Such joinder is not otherwise proscribed by the to dismissal regardless of the cause of action [Rule 16, Sec
rules on jurisdiction and venue 1 (d)].

Distinguished from Joinder of Causes of Action A taxpayer's suit or a stockholder's derivative suit is in
- In joinder of causes of action, it is enough if the the nature of a class suit, although subject to the other
cause of action arises out of the same contract requisites of the corresponding governing law especially
- Unlike permissive joinder of parties, in joinder of on the issue of locus standi. [Regalado]
causes of action, there is no need for a common
question of fact or law There is no class suit in an action filed by associations of
sugar planters to recover damages in behalf of individual
sugar planters for an allegedly libelous article in an
MISJOINDER AND NON-JOINDER OF PARTIES international magazine. There is no common or general
interest in reputation of a specific individual. Each of the
A party is misjoined when he is made a party to the action sugar planters has a separate and distinct reputation in
although he should not be impleaded. the community not shared by the others. [Riano citing
Newsweek, Inc. v. Intermediate Appellate court (1986)]
A party is not joined when he is supposed to be joined but
is not impleaded in the action. (Riano) A class suit does not require a commonality of interest in
the questions involved in the suit. What is required by the
Effect: Rules is a common or general interest in the subject
1. Neither misjoinder nor non-joinder of parties is a matter of the litigation. [Riano citing Mathay v.
ground for dismissal of an action. [Rule 3, Sec. 11] Consolidated Bank &Trust Company (1974)]
a. Non-joinder of an indispensable party is not
a ground for outright dismissal. Reasonable Class Suit Permissive Joinder of Parties
opportunity must be given for his inclusion
by amendment of the complaint [Cortez v There is a single cause of There are multiple causes
Avila (1957)]. action pertaining to of action separately
b. In case of non-joinder of a necessary party, if numerous persons. belonging to several
the court should find the reason for such persons.
omission unmeritorious, it may order the
inclusion of such omitted necessary party
2. Parties may be dropped or added by order of the Class Suit Derivative Suit
court on motion of any party or on its own
 An action brought by
minority shareholders in Counsel’s duty:
the name of the 1. Inform court within 30 days after such death of
corporation to redress the fact thereof;
wrongs committed against 2. Give the name and address of the legal
When the subject matter of it, for which the directors representatives.
the controversy is one of refuse to sue.
common or general NOTE: Failure to comply with this duty is a
interest to many persons, It is a remedy designed by ground for disciplinary action.
and the parties are so equity and has been the
numerous that it is principal defense of the Court’s duty: in case of death, the court if the action
impracticable to bring minority shareholders survives, shall order, upon proper notice, the legal
them all before the court, against abuses by the representative of the deceased to appear and to be
one or more may sue or majority. substituted for the deceased within a period of 30 days or
defend for the benefit of all. within such time as may be granted.
[Rule 3, Sec. 12] In a derivative action, the - If there is notice of death, court should await
real party in interest is the appointment of legal representative; otherwise,
corporation itself, not the subsequent proceedings are void. Period of filing
shareholders who actually of brief is suspended.
instituted it [Lim v. Lim Yu
(2001))
If no legal representative is named or if the one so name
shall fail to appear within the specified period, the court
SUITS AGAINST ENTITES WITHOUT JURIDICAL may order the opposing party to procure the appointment
PERSONALITY of an executor or administrator for the estate.

Requisites: (Rule 3, Sec. 15) The substitute defendant need not be summoned. The
1. There are 2 or more persons not organized as a order of substitution shall be served upon the parties
juridical entity; substituted for the court to acquire jurisdiction over the
2. They enter into a transaction; substitute party [Ferreria v Vda de Gonzales (1986)].
3. A wrong is committed against a 3rd person in the
course of such transaction.
Death or separation of a party who is a public officer
Effect: Persons associated in an entity without juridical [Rule 3, Sec. 17]
personality may be sued under the name by which they
are generally/commonly known, but they cannot sue Requisites:
under such name. [Rule 3, Sec. 15] 1. Public officer is a party to an action in his official
capacity;
The service of summons may be effected upon all the 2. During the pendency of the action, he either
defendants by serving upon any of them, or upon the dies/resigns or otherwise ceases to hold office;
person in charge of the office or place of business 3. It is satisfactorily shown to the court by any
maintained under such name. [Rule 14, Sec. 8] party, within 30 days after the successor takes
office, that there is a substantial need to
continue/maintain the action and
EFFECT OF DEATH OF PARTY LITIGANT 4. The successor adopts/continues (or threatens to
do so) his predecessor’s action
Survival or Death of Action 5. The party or officer affected was given
reasonable notice of the application therefore
The question as to whether an action survives or not and accorded an opportunity to be heard.
depends on the nature of the action and the damage sued
for
1. Causes of Action that SURVIVE the decedent Action on Contractual Money Claims [Rule 3, Sec. 20]
a. The wrong complained of affects primarily
and principally property and property rights Requisites:
b. Injuries to the person are merely incidental 1. The action must primarily be for recovery of
c. E.g. Purely personal actions like support money/debt or interest thereon;
3. Causes of Action which DO NOT SURVIVE 2. The claim arose from express/implied contract;
a. The injury complained of is to the person 3. Defendant dies before the entry of final judgment
b. Property and property rights affected are in the court in which the action was pending.
incidental 4. The defendant’s death will not result in the
c. E.g. actions to recover real and personal dismissal of the action.
property or to enforce liens thereon
The deceased shall be substituted by his legal
Substitution of Parties: For causes of action that survive representatives in the manner provided for in Rule 3, Sec.
the death of the party, there is substitution of parties
16, and the action will continue until the entry of final
judgment.

However, execution shall not issue in favor of the winning

plaintiff. It should be filed as a claim against the
decedent’s estate without need of proving the claim.

Transfer of Interest During Pendency of Action [Rule 3,

Sec. 19]

General rule: The rule does not consider the transferee an

indispensable party. Hence, the action may proceed
without the need to implead him.

Exception: When the substitution by or joinder of the

transferee is ordered by court.

The case will be dismissed if the plaintiff’s interest is

transferred to defendant unless there are several
plaintiffs, in which case the remaining plaintiffs can
proceed with their own cause of action.
 VENUE
VENUE OF PERSONAL ACTIONS
Venue is the place, or the geographical area where an
action is to be filed and tried. In civil cases, it relates only At the plaintiff’s election: [Rule 4, Sec. 2]
to the place of the suit and not to the jurisdiction of the 1. Where the plaintiff or any of the principal
court. [Riano citing Manila Railroad Company v. Attorney plaintiffs resides;
General (1911)] 2. Where the defendant or any of the principal
defendants resides;
Choosing the venue of an action is not left to a plaintiff’s 3. In case of a non-resident-defendant, where he
caprice; the matter is regulated by the Rules of Court. may be found.
[Ang v. Sps. Ang (2012)]
NOTE: The plaintiff or the defendant must be residents of
the place where the action has been instituted at the time
VENUE VERSUS JURISDICTION the action is commenced. [Ang v. Sps. Ang (2012)]

The residence of a person is his personal, actual or

Venue Jurisdiction physical habitation or his actual residence or place of
abode, which may not necessarily be his legal residence
Place where the action is Power of the court to hear or domicile provided he resides therein with continuity
instituted and decide a case and consistency. [Boleyley v. Villanueva]
Jurisdiction over the
subject matter and over A corporation cannot be allowed to file personal actions
May be waived the nature of the action is in a place other than its principal place of business unless
conferred by law and such place is aso the residence of a co-plaintiff or
cannot-be waived defendant. [Clavecilla Radio v. Antillon]
Procedural Substantive
May be changed by the Is fixed by law and cannot
written agreement of the be the subject of the VENUE OF ACTIONS AGAINST NON-RESIDENTS (Rule 5,
parties agreement of the parties Sec. 3)
Establishes a relation
Establishes a relation Non-resident FOUND in the Philippines:
between plaintiff and
between the court and the 1. For personal actions – Where the plaintiff resides
defendant, or petitioner and
subject matter 2. For real actions – Where the property is located
respondent
Not a ground for a motu
Lack of jurisdiction over NOTE: The alternative venues granted to
propio dismissal (except in
the subject matter is a plaintiffs in Sec. 2, Rule 4 is not available to a
cases of summary
ground for a motu proprio non-resident
procedure; Rule 4, Rule on
dismissal.
Summary Procedure)
Non-resident NOT FOUND in the Philippines: An action
may be filed ONLY when the case involves:
1. Personal status of plaintiff – File at the place
VENUE OF REAL ACTIONS
where plaintiff resides
2. Any property of said defendant located in the
1. Shall be commenced and tried in the proper court
Philippines – File at the place where the property
which has jurisdiction over the area wherein the
(or any portion thereof) is situated/found
real property involved, or a portion thereof is
situated. [Rule 4, Sec. 1(1)]
NOTE: When there is more than one defendant or
plaintiff, the residences of the PRINCIPAL parties should
2. Forcible entry and detainer actions shall be
be the basis for determining proper venue (Herrera)
commenced and tried in the municipal court of
the municipality or city wherein the real property
involved, or a portion thereof, is situated. [Rule 4,
WHEN THE RULES ON VENUE DO NOT APPLY (Rule 4,
Sec. 1(2)]
Sec. 4)
3. If the property is located at the boundaries of 2
Rules on Venue DO NOT apply:
places, file the case in either place (at the
1. If a specific rule/law provides otherwise (e.g.
plaintiff’s option).
action for damages arising from libel);
2. If there is a stipulation as to venue which is
4. If the case involves 2 properties located in 2
permitted if the parties have validly agreed
different places:
(1) in writing
a. If the properties are the object of the same
(2) before the filing of the action
transaction, file it in any of the 2 places;
(3) on the exclusive venue
b. If they are the objects of 2 distinct
transactions, separate actions should be filed
in each place unless properly joined.
EFFECTS OF STIPULATIONS ON VENUE
To be binding, the parties must have agreed on the
exclusive nature of the venue of any prospective action
between them. The agreement of parties must be
restrictive and not permissive. [Regalado]

In the absence of qualifying restrictive words (e.g.

“only/solely/exclusively in such court”), venue stipulation
is merely permissive; that is, the stipulated venue is in
addition to the venue provided for in the rules. [Polytrade
Corp. v. Blanco (1969)]

The mere stipulation on the venue of an action, however,

is not enough to preclude parties from bringing a case in
other venues. The parties must be able to show that such
stipulation is EXCLUSIVE. In the absence of qualifying or
restrictive words, the stipulation should be deemed as
merely an agreement on an additional forum, not as
limiting venue to the specified place. [Riano citing Spouse
Lantin v. Lantion, (2006)]

The court may declare agreements on venue as contrary

to public policy if such stipulation unjustly denies a party
a fair opportunity to file suit in the place designated by
the Rules [Regalado, citing Hoechst Philippines v Torres
(1978)].

OTHER RULES ON VENUE

Improper Venue - The Court may not motu propio dismiss

an action on the ground of improper venue. [Dacoycoy v.
IAC (1991)]

EXCEPTION: In summary procedures

Change of Venue - The SC has the power to change the

venue to prevent a miscarriage of justice. [Art. 8, Sec. 5,
1987 Constitution]

Waiver of Venue - Until and unless the defendant objects

to the venue in a motion to dismiss prior to a responsive
pleading, the venue cannot truly be said to have been
improperly laid since for all intents and purposes, the
venue though technically wrong may yet be considered
acceptable to the parties for whose convenience the rules
on venue had been devised. Although venue is mandatory,
it is waivable. [Diaz v. Adiong (1993)]

Means of waiving venue:

1. Where parties validly agreed in writing before
the filing of the action on the exclusive venue
thereof [Rule 4, Sec 4 (b)]; and
2. Failure to raise improper venue as affirmative
defense or in motion to dismiss
 PLEADINGS
Ultimate Facts - Essential facts constituting the plaintiff’s
DEFINITION cause of action. A fact is essential if it cannot be stricken
out without leaving the statement of the cause of action
Pleadings are the written statements of the respective insufficient. [Remitere v. Montinola (1966)]
claims and defenses of the parties, submitted to the court
for appropriate judgment [Rule 6, Sec. 1] Non-Ultimate Facts:
1. Evidentiary or immaterial facts;
Pleading v. Motion 2. Legal conclusions, conclusions or inferences of
facts from facts not stated, or incorrect inferences
PLEADING MOTION or conclusions from facts stated;
Purpose: to submit a claim Purpose: to apply for an 3. Conclusions of law alleged in the complaint are
or defense for appropriate order not included in the not binding on the court.
judgment judgment 4. The details of probative matter or particulars of
Cannot be initiatory as evidence, statements of law, inferences and
May be initiatory they are always made in a arguments.
case already filed in court
Always filed before May be filed even after Test of Sufficiency of the Facts alleged in the Complaint:
judgment judgment WON upon the averment of facts, a valid judgment may be
Any application for relief properly rendered [Pamintan v. Costales (1914)].
Only 9 kinds of pleading
not by a pleading is a
are allowed by the rules
motion
ANSWER (Rule 6, Sec. 4)
May be oral when made in
Must be written open court or in the course
Definition - The pleading where the defendant sets forth
of a hearing or trial
his affirmative/negative defenses. It may also be the
response to a counterclaim or a cross-claim.
KINDS OF PLEADINGS
Two kinds of Defenses that may be set forth in the Answer
(Rule 6, Sec. 5) –
Kinds of Pleadings Allowed (Rule 6, Sec. 2)
1. Complaint
1. Negative Defenses - Specific denials of the
2. Answer
material facts alleged in the pleading of the
3. Counterclaim
claimant essential to his cause of action.
4. Cross-claim
 A denial is not specific just because it is so
5. 3rd-party Complaint
qualified (Agton v. CA)
6. Complaint-in-intervention
7. Reply  A general denial will be deemed an
admission of the averments in the complaint;
it has to be specific
COMPLAINT(Rule 6, Sec. 3)  Modes of Denial (Sec. 10, Rule 8)
a. Defendant must specify each material
Definition - The pleading alleging the plaintiff’s cause/s of allegation of fact the truth of which he
action. It should contain a concise statement of the does not admit
ultimate facts constituting the plaintiff’s cause/s of action, b. If pleader decides to deny only a part or
not evidentiary facts or legal conclusions. a qualification of an averment, he shall
specify so much of it as true and deny the
Contents – Statement of ultimate facts on which the remainder
plaintiff relies for his claim: c. If pleader is without knowledge or
1. It must be in a methodical and logical form information sufficient to form a belief as
2. Plain, concise, and direct to the truth of a material averment, he
3. Statement of mere evidentiary facts are omitted shall so state
(Rule 8, Sec. 1)
2. Affirmative Defenses - Allegations of new matters
Function which, while hypothetically admitting the
1. Its function is to inform the defendant clearly and material allegations in the claimant’s pleading,
definitely of claims made against him so that he would nevertheless prevent/bar recovery by
may be prepared to meet the issues at trial. him. It includes fraud, prescription, release,
2. It should inform the defendant of all material payment and any other matter by way of
facts on which the plaintiff relies to support his confession and avoidance.
demand.
3. It should state the theory of a cause of action Negative Pregnant - Denial pregnant with an admission. It
which forms the bases of plaintiff’s claim of is a denial pregnant with the admission of the substantial
liability. [Tantuico v. Republic (1991)] facts in the pleading responded to which are not squarely
denied. It is in effect an admission of the averment it is
directed to. [Philamgen v. Sweet Lines (1993)]
While it is a denial in the form its substance actually has One which arises out of or
the effect of an admission because of a too literal denial of is necessarily connected It does not arise out of nor
the allegation sough to be denied. This arises when the with the transaction or is it necessarily connected
pleader merely repeats the allegations in a negative form. occurrence -that is the with the subject matter of
subject matter of the the opposing party's claim.
Insufficient denial or denial amounting to admissions: opposing party's claim.
1. General denial; and Does not require for its May require for its
2. Denial in the form of a negative pregnant adjudication the presence adjudication the presence
of third parties of whom of third parties over whom
the court cannot acquire the court cannot acquire
COUNTERCLAIM jurisdiction. jurisdiction.
Barred if not set up in the Not barred even if not set
Definition - Any claim which a defending party may have action. up in the action.
against an opposing party. Must be answered,
1. A counterclaim is in the nature of a cross- Need not be answered; no
otherwise, the defendant
complaint. Although it may be alleged in the default.
can be declared in default.
answer, it is not part of the answer. Since permissive, it
2. Upon its filing, the same proceedings are had as No need for separate requires the payment of
in the original complaint. docket fees docket fees (Sun Insurance
3. For this reason, it must be answered 10 days v. Asuncion, 1989)
from service [Rule 11, Sec 4]
Compulsory Counterclaim
How to Raise Counterclaims
1. Requisites:
1. By including it in the Answer a. It must arise out of, or be necessarily
a. A compulsory counterclaim or a cross-claim connected with, the transaction/occurrence
that a defending party has AT THE TIME he that is the subject matter of the opposing
files his answer shall be contained therein. party's claim;
[Rule 11, Sec. 8] b. It does not require for its adjudication the
b. Exception: Pleadings may be amended under presence of 3rd parties of whom the court
Rule 11, Sec. 10: cannot acquire jurisdiction;
(1) By leave of court; c. It must be within the court’s jurisdiction both
(2) Before judgment; as to the amount and the nature. [Regalado,
(3) On the grounds of: citing Quintanilla v CA (1997)]
(4) Oversight;
(5) Inadvertence; 2. General Rule: A compulsory counterclaim not set
(6) Excusable neglect; up in the answer is deemed barred.
(7) When justice requires. a. Exceptions:
(1) If it is a counterclaim which either
2. By filing after the Answer (Rule 11, Sec. 9) matured or was acquired by a party after
a. Counterclaims/cross-claims arising AFTER serving his answer. In this case, it may be
the answer, pleaded by filing a supplemental answer
b. How done: or pleading before judgment. [Rule 11,
(1) By filing a supplemental pleading before Sec. 9]
judgment (2) When a pleader fails to set up a
(2) WITH court’s permission counterclaim through oversight,
inadvertence, excusable negligence, or
Rules on Counterclaims when justice so requires. He may, by
1. In an original action before the RTC, the leave of court, set-up the counterclaim
counterclaim may be considered compulsory by amendment of the pleading (Rule 11,
regardless of the amount. [Rule 6, Sec. 7] Sec. 10)
2. In the case of Agustin v. Bacalan (1985), if a
counterclaim is filed in the MTC in excess of its 3. A plaintiff who fails or chooses not to answer a
jurisdictional amount, the excess is considered compulsory counterclaim may not be declared in
waived. default, principally because the issues raised in
3. But in Calo v. Ajax (1968), the remedy where a the counterclaim are deemed automatically
counterclaim is beyond the jurisdiction of the joined by the allegations in the complaint. [Gojo
MTC is to set off the claims and file a separate v. Goyala (1970)]
action to collect the balance.
4. The filing of a MTD and the setting up of a
Kinds of Counterclaims compulsory counterclaim are incompatible
remedies.

Compulsory counterclaim Permissive counterclaim

 a. In the event that a defending party has a General Rule: A cross-claim is always compulsory. A cross-
ground for dismissal and a compulsory claim not set up shall be barred. [Rule 9, Sec. 2]
counterclaim at the same time, he must
choose only one remedy. Exceptions: Permissive Cross-Claims
b. If he decides to file a MTD, he will lose his 1. When it is outside the court’s jurisdiction;
counterclaim. But if he opts to set up his 2. If the court cannot acquire jurisdiction over 3rd
counterclaim, he may still plead his ground parties whose presence is necessary for the
for dismissal as an affirmative defense in his adjudication of said cross-claim. In this case, the
answer. cross-claim is considered permissive.
c. If any of the grounds to dismiss under Rule 3. Cross claim that may mature or may be acquired
17, Sec. 3 arise, the proper recourse for a AFTER service of Answer
defendant who desires to pursue his
compulsory counterclaim in the same Effect on Cross-Claim when Complaint is Dismissed - The
proceeding is not a MTD. dismissal of the complaint carries with it the dismissal of
d. Instead, he should only move to have the a cross-claim which is purely defensive, but not a cross-
plaintiff declared non-suited on the claim seeking an affirmative relief. [Torres v. CA (1973)]
complaint so that the latter can no longer
present his evidence thereon, and Improper Cross-Claims
simultaneously move that he be declared as 1. Where the cross-claim is improper, the remedy is
in default on the compulsory counterclaim, certiorari (Malinao v. Luzon Surety, 1964)
and reserve the right to present evidence ex 2. The dismissal of a cross-claim is unappealable
parte on his compulsory counterclaim. [BA when the order dismissing the complaint
Finance v. Co (1993)] becomes final and executory (Ruiz, Jr. v. CA, 1993)
3. A cross-claim is not allowed after declaration of
Permissive Counterclaim default of cross-claimant (Tan v. Dimayuga, 1962)
It would be tantamount to setting aside the order
1. Counterclaim is permissive if it does not arise out of default because then the cross-claimant would
of, nor is necessarily connected with, the subject re-obtain a standing in court as party litigant
matter of the opposing party’s claim
a. This is not barred even if not set up in the Counter-Counterclaims and Counter-Cross-Claims (Rule 6,
action Sec. 9)
b. Must have independent jurisdictional ground 1. Counter-Counterclaim - A claim asserted against
(Herrera). Hence, the filing of a separate an original counter-claimant.
docket fee. 2. Counter-Cross-claim - A claim filed against an
original cross-claimant.
2. Test to determine whether a counterclaim is
compulsory or permissive: LOGICAL
RELATIONSHIP TEST THIRD (FOURTH, ETC.) PARTY COMPLAINTS (Rule 6, Sec.
a. Where conducting separate trials of the 11)
respective claims would entail substantial
duplication of effort and time and involves Definition - It is a claim that a defending party may, with
many of the same factual and legal issues. leave of court, file against a person not a party to the
[Meliton v. CA (1992)] action for contribution, indemnity, subrogation or any
other relief, in respect of his opponent's claim.
3. NOTE: If the counterclaim matures AFTER the
Answer, it is merely PERMISSIVE There could also be a 4th/etc.-party complaint with the
same purpose and function.

Effect on Counterclaim when Complaint is Dismissed - 3rd Party

Cross-claim Counterclaim
Under Section 3, Rule 17, dismissal of action due to complaint
plaintiff’s fault shall be without prejudice to the Against a person
defendant’s right to prosecute his counterclaim in the Against a co- Against an opposing
not a party to
same/separate action. party party
the action
May arise out of or
Must arise out
be necessarily
CROSS-CLAIM of the
connected with the
transaction Must be in
transaction or the
Requisites: that is the respect of the
subject matter of the
1. A claim by one party against a co-party; subject matter opponent’s
opposing party’s
2. It must arise out of the subject matter of the of the original (plaintiff’s)
claim (compulsory
complaint or of the counterclaim; action or of a claim
counterclaim), or it
3. The cross-claimant is prejudiced by the claim counterclaim
may not (permissive
against him by the opposing party. therein
counterclaim)
No need for a No need for leave of Leave of court is
leave of court court needed auxiliary to and is a continuation of the main
action. [Republic v. Central Surety (1968)]
4. A 3rd-party complaint is not proper in an action
3rd-party complaint for declaratory relief.
Complaint in intervention
Brings into the action a 3rd
person who was not Same COMPLAINT-IN-INTERVENTION
originally a party
Initiative is with a non- Pleadings-in-Intervention (Rule 19, Sec. 3)
Initiative is with the person 1. Complaint-in-intervention – If intervenor asserts
party who seeks to join the
already a party to the action a claim against either or all of the original parties.
action
2. Answer-in-intervention – If intervenor unites
with the defending party in resisting a claim
3rd-party complaint Counterclaim against the latter.

Need not be within the Must be within the Definition - INTERVENTION is a remedy by which a third
jurisdiction of the court jurisdiction of the court party, not originally impleaded in a proceeding, becomes
trying the main case trying the main case a litigant therein to enable him to protect or preserve a
Diminishes/defeats the Need not diminish/defeat right or interest which may be affected by such
recovery sought by the the recovery sought by the proceeding.
opposing party opposing party
Its purpose is "to settle in one action and by a single
Cannot exceed the amount May exceed in amount or
judgment the whole controversy (among) the persons
stated in the original be different in kind from
complaint that sought in the original involved." [First Philippine Holdings v. Sandiganbayan
(1996); Rule 19]
complaint
When Allowed - Intervention shall be allowed when a
Basis of Third-Party Complaint - Under this Rule, a person
person has:
not party to an action may be impleaded by the defendant
1. A legal interest in the matter in litigation;
either:
2. Or in the success of any of the parties;
1. On allegation of liability to the latter
3. Or an interest against the parties; and
2. On the ground of direct liability to the plaintiff; or
4. When he is so situated as to be adversely affected
3. Both (1) and (2)
by a distribution or disposition of property in the
custody of the court or of an officer thereof. [First
Situation in (1) is covered by the phrase
Philippine Holdings v. Sandiganbayan (1996)]
“contribution, indemnity or subrogation”, while
(2) and (3) are subsumed under the catch-all
Not an Independent Action - Intervention is not an
phrase (Samala v. Victor, 1989)
independent action, but is ancillary and supplemental to
an existing litigation. [First Philippine Holdings v.
Sandiganbayan (1996)]
Tests to Determine Whether the 3rd-Party Complaint is in
1. It is neither compulsory nor mandatory but only
Respect of Plaintiff’s Claim (Capayas v. CFI, 1946)
optional and permissive. [Mabayo v. CA (2002)]
1. WON it arises out of the same transaction on
2. The Court has full discretion in permitting or
which the plaintiff's claim is based, or although
disallowing intervention, which must be
arising out of another/different transaction, is
exercised judiciously and only after
connected with the plaintiff’s claim;
consideration of all the circumstances obtaining
2. WON the 3rd-party defendant would be liable to
in the case. [Mago v. CA (1999)]
the plaintiff or to the defendant for all/part of the
3. It is not an absolute right as it can be secured
plaintiff’s claim against the original defendant;
only in accordance with the terms of applicable
3. WON the 3rd-party defendant may assert any
statute or rule. [Office of Ombudsman v.
defenses which the 3rd-party plaintiff has or may
Samaniego (2010)]
have to the plaintiff’s claim.
Meaning of Legal Interest - Interest must be of a direct and
Additional Rules
immediate character so that the intervenor will either
1. Leave of court to file a 3rd-party complaint may
gain or lose by the direct legal operation of the judgment.
be obtained by motion under Rule 15.
The interest must be actual and material, a concern which
2. Summons on 3rd (4th/etc.) – party defendant
is more than mere curiosity, or academic or sentimental
must be served for the court to obtain
desire; it must not be indirect and contingent, indirect
jurisdiction over his person, since he is not an
and remote, conjectural, consequential or collateral.
original party.
[Virra Mall Tenants v. Virra Mall (2011)]
3. Where the trial court has jurisdiction over the
main case, it also has jurisdiction over the 3rd-
Requisites for Valid Intervention
party complaint, regardless of the amount
1. There must be a motion for intervention filed
involved as a 3rd-party complaint is merely
before rendition of judgment by the trial court.
2. Movant must show in his motion that he has a:
 a. Legal interest in (1) the matter of litigation, usurious interest shall be deemed admitted
(2) the success of either of the parties in the [Rule 8, Sec. 8; Sun Bros. v. Caluntad]
action or (3) against both parties. c. Where the defense in the answer is based on
b. That the movant is so situated as to be an actionable document, a reply under oath
adversely affected by a distribution or other must be made; otherwise, the genuineness
disposition of property in the custody of the and due execution of the document shall be
court or an officer thereof deemed admitted. [Rule 8, Sec. 11; Toribio v.
c. That the intervention must not unduly delay Bidin]
or prejudice the adjudication of the rights of
the original parties and that the intervenor’s
rights may not be fully protected in a
separate proceeding. PLEADINGS ALLOWED IN SMALL CLAIM CASES AND
CASES COVERED BY THE RULES OF SUMMARY
How to Intervene PROCEDURE
1. With leave of court, the court shall consider the 2
factors Under the Revised Rules on Summary Procedure – The
2. Motion to intervene may be filed at any time only pleadings allowed to be filed are: (Sec. 3)
before rendition of judgment by trial court 1. Complaints
3. Copy of the pleadings-in-intervention shall be 2. Compulsory counterclaims and cross-claims
attached to the motion and served on the original pleaded in the Answer; and
parties 3. Answers thereto

Time to Intervene: (Rule 19, Sec. 2) Prohibited Pleadings, Motions, or Petitions (Sec. 19)
1. General Rule: The motion to intervene must be 1. Motion to dismiss the complaint or to quash the
filed at any time before the rendition of judgment complaint or information except on the ground of
by the trial court lack of jurisdiction over the subject matter, or
2. Exceptions: failure to comply with required barangay
a. With respect to indispensable parties, conciliation proceedings;
intervention may be allowed even on appeal 2. Motion for a bill of particulars;
(Falcasantos v. Falcasantos) 3. Motion for new trial, or for reconsideration of a
b. When the intervenor is the Republic (Lim v. judgment, or for opening of trial;
Pacquing) 4. Petition for relief from judgment;
c. Intervention may be allowed after judgment 5. Motion for extension of time to file pleadings,
where necessary to protect some interest affidavits or any other paper;
which cannot otherwise be protected, and for 6. Petition for certiorari, mandamus, or prohibition
the purpose of preserving the intervenor’s against any interlocutory order issued by the
right to appeal (Pinlac v. CA) court;
7. Motion to declare the defendant in default;
Remedy for Denial of Motion for Intervention 8. Dilatory motions for postponement;
1. The movant may file a motion for reconsideration 9. Reply;
since the denial of a motion for intervention is an 10. Third party complaints; and
interlocutory order. 11. Interventions.
2. Alleging grave abuse of discretion, movant can
also file a certiorari case. Forms Used Under the Rule of Procedure under Small
Claims Cases
1. Instead of filing complaint, a Statement of Claim
REPLY using Form 1-SCC shall be filed [Sec. 5]
2. Answer shall be filed by way of a Response using
Definition - The plaintiff’s response to the defendant's Form 3-SCC [Sec. 10]
answer. The function of which is to deny or allege facts in 3. Defendant may file counterclaim if he possesses a
denial or in avoidance of new matters alleged by way of claim against the plaintiff that
defense in the answer and thereby join or make issue as a. Is within the coverage of this Rule, exclusive
to such new matters. (Rule 6, Sec. 10) of interest and costs;
b. Arises out of the same transaction or event
Effect of Failure to Reply that is the subject matter of the plaintiff’s
1. General Rule - Filing a reply is merely optional. claim;
New facts that were alleged in the answer are c. Does not require for its adjudication the
deemed controverted should a party fail to reply joinder of third parties; and
thereto. d. Is not the subject of another pending action,
2. Exception – When a Reply is necessary the claim shall be filed as a counterclaim in
a. To set up affirmative defenses on the the Response; otherwise, the defendant shall
counterclaim (Rosario v. Martinez) be barred from suit on the counterclaim.
b. Where the answer alleges the defense of
usury in which case a reply under oath The defendant may also elect to file a counterclaim
should be made; otherwise, the allegation of against the plaintiff that does not arise out of the same
transaction or occurrence, provided that the amount and a. It was due to mere inadvertence; and
nature thereof are within the coverage of this Rule and b. It was not intended for delay
the prescribed docket and other legal fees are paid.

NOTE: Courts decision shall be contained in Form 13-SCC VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING (Rule 7, Sec. 4)
Prohibited Pleadings and Motions in Small Claims
1. Motion to dismiss the complaint except on the Verification - Pleadings need not be verified, unless
ground of lack of jurisdiction; otherwise provided by the law/rules
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a Verification is Required in the following:
judgment, or for reopening of trial; 1. Pleadings filed in the inferior courts in cases
4. Petition for relief from judgment; covered by the Rules on Summary Procedure are
5. Motion for extension of time to file pleadings, all required to be verified
affidavits, or any other paper; 2. Petition for relief from judgment or order (Sec. 3,
6. Memoranda; Rule 38)
7. Petition for certiorari, mandamus, or prohibition 3. Petition for review from RTC to the CA (Sec. 1,
against any interlocutory order issued by the Rule 42)
court; 4. Petition for review from quasi-judicial agencies
8. Motion to declare the defendant in default; to the CA (Sec. 5, Rule 43)
9. Dilatory motions for postponement; 5. Appeal by certiorari from the CTA to the SC (Sec.
10. Reply; 12, RA 9282 amending Sec. 19, RA 1125)
11. Third-party complaints; and 6. Appeal by certiorari from CA to the SC (Sec. 1,
12. Interventions. Rule 45)
7. Petition for annulment of judgments or final
orders and resolutions (Sec. 1, Rule 47)
PARTS OF A PLEADING (Rule 7, Sec. 1 to 3) 8. Complaint for injunction (Sec. 4, Rule 58)
9. Application for appointment of receiver (Sec. 1,
CAPTION Rule 59)
10. Application for support pendente lite (Sec. 1, Rule
Caption - Court’s name, action’s title (i.e. parties’ names) 69)
and docket number. 11. Petition for certiorari against judgments, final
orders, or resolutions of constitutional
Body - Pleading’s designation, allegations of party's commissions (Sec. 2, Rule 64)
claims/defenses, relief prayed for and pleading’s date. 12. Petition for certiorari (Sec. 1, Rule 65)
1. Paragraphs must be numbered, and each 13. Petition for prohibition (Sec. 2, Rule 65)
paragraph number must contain a single set of 14. Petition for mandamus (Sec. 3, Rule 65)
circumstances 15. Petition for quo warranto (Sec. 1, Rule 66)
2. Headings: if more than one cause of action, use 16. Complaint for expropriation (Sec. 1, Rule 67)
"1st cause of action," 2nd cause of action," etc. 17. Complaint for forcible entry or unlawful detainer
3. Specify relief sought, but it may add a general (Sec. 4, Rule 70)
prayer for such further/other relief as may be 18. Petition for indirect contempt (Sec. 4, Rule 71)
deemed just/equitable. 19. Petition for appointment of a general guardian
4. Every pleading shall be dated. (Sec. 2, Rule 93)
20. Petition for leave to sell or encumber property of
the ward by a guardian (Sec. 1, Rule 95)
SIGNATURE AND ADDRESS 21. Petition for declaration of competency of a ward
(Sec. 1, Rule 97)
Every pleading must be signed by the party or counsel 22. Petition for habeas corpus (Sec. 3, Rule 102)
representing him. 23. Petition for change of name (Sec. 2, Rule 103)
24. Petition for voluntary judicial dissolution of a
The address must be stated and such address must not be corporation (Sec. 1, Rule 104)
a post office box 25. Petition for cancellation or correction of entries
in the civil registry (Sec. 1, Rule 108)
Effect of Signature of Counsel in a Pleading - Signature of
counsel constitutes a certificate by him that: How a pleading is verified: By an affidavit
1. He has read the pleading 1. That the affiant read the pleading;
2. That to the best of his knowledge, information, 2. That the allegations therein are true and correct
and belief there is good ground to support it; and of his personal knowledge or based on authentic
3. That it is not interposed for delay documents.

Unsigned Pleadings Forum Shopping - The filing of multiple suits in different

1. No legal effect courts, simultaneously or successively, involving the same
2. Court may, in its discretion, allow such remedy to parties, to ask the courts to rule on the same/related
be remedied if it appears that: causes and/or to grant the same or substantially the same
relief. [T'Boli Agro-Industrial Development, Inc. (TADI) v. ALLEGATIONS IN A PLEADING (Rule 8)
Solidapsi (2002)] (Asked in the 2006 Bar Exam)
MANNER OF MAKING ALLEGATIONS
Test to Determine WON there is forum shopping: WON in
the 2 or more cases pending, there is identity of: In General – (Rule 8, Sec. 1)
1. Parties 1. Every pleading shall contain a statement of the
2. Rights or causes of action ultimate facts on which the party pleading relies
3. Relief sought for his claim or defense
a. In a methodical and logical form
Certificate of Non-Forum Shopping (CNFS) (Rule 7, Sec. 5) b. A plain, concise and direct statement
1. The CNFS is to be executed by the petitioner, not c. Statement of mere evidentiary facts omitted
by the counsel.
2. CNFS is required only for complaints or initiatory 2. If a defense relief is based on law, state in a clear
pleadings (e.g. permissive counterclaim, cross- and concise manner:
claim etc.). a. Pertinent provisions of the law
3. CNFS is not required in a compulsory b. Applicability of the law to him
counterclaim. A counterclaim is not an initiatory
pleading. [UST Hospital v. Surla (1998)] Facts that must be averred PARTICULARLY -
a. However, a certification is needed in Circumstances showing fraud/mistake in all averments of
permissive counterclaims (Korea Exchange fraud/mistake [Rule 8, Sec. 5]
Bank v. Gonzales)
4. The lack of certification against forum shopping Facts that may be averred GENERALLY:
is not curable by mere amendment of a 1. Conditions precedent; but there must still be an
complaint, but shall be a cause for the dismissal allegation that the specific condition precedent
of the case without prejudice. The general rule is has been complied with, otherwise it will be
that subsequent compliance with the dismissed for lack of cause of action; [Rule 8, Sec.
requirements will not excuse a party's failure to 3]
comply in the first instance. [Ramirez v. Mar 2. Capacity to sue or be sued;
Fishing (2012)] 3. Capacity to sue or be sued in a representative
capacity; [Rule 8, Sec. 4]
Who Executes the Certification - Certification against 4. Legal existence of an organization; A party
forum shopping ordained by the Rules is to be executed desiring to raise an issue as to the legal existence
by the petitioner, not his counsel. The petitioner is in the or capacity of any party to sue or be sued in a
best position to know whether he filed or caused the filing representative capacity shall do so by specific
of a petition in the case. denial which shall include supporting particulars
within the pleader's knowledge. [Rule 8, Sec 4]
Certification by counsel is defective certification. In Santos 5. Malice/intent/knowledge or other condition of
v. CA, the Court held that a special power of attorney was the mind; [Rule 8, Sec. 5]
insufficient. 6. Judgments of domestic/foreign courts, tribunals,
boards or officers (without need to show
Effect of Submission of False CNFS or Non-Submission: jurisdiction); [Rule 8, Sec. 6]
1. Indirect contempt 7. Official documents/acts. [Rule 8, Sec. 9]
2. Administrative and criminal actions

Effect of Willful and Deliberate Forum Shopping Condition Precedent – If the cause of action depends upon
1. Ground for summary dismissal of the case with a condition precedent, its fulfillment or legal excuse for
prejudice; non-fulfillment must be averred.
2. Direct contempt and administrative sanctions.
A general averment of the performance or occurrence of
NOTE: the CNFS is mandatory but NOT all conditions precedent shall be sufficient [Rule 8, Sec. 3]
jurisdictional.
All valid conditions precedent to the institution of a
Requirement of a Corporation executing the verification/ particular action, whether prescribed by statute, fixed by
CNFS - Only individuals vested with authority by a valid agreement of the parties, or implied by law must be
board resolution may sign the certificate of non-forum performed or complied with before commencing the
shopping in behalf of a corporation. In addition, the Court action. Such fact must be pleaded.
has required that proof of said authority must be attached.
Failure to provide a certificate of non-forum shopping is Failure to comply with a condition precedent is a ground
sufficient ground to dismiss the petition. Likewise, the for a motion to dismiss (Rule 16, Sec. 1(j))
petition is subject to dismissal if a certification was
submitted unaccompanied by proof of the signatory’s Examples of Conditions Precedent:
authority. [PAL v. FASAP (2006)] 1. Exhaustion of administrative remedies
2. Investigation by a fiscal is a prerequisite to
annulment of marriage when defendant defaults
(Tolentino v. Villanueva)
 3. No suit shall be filed or maintained between acknowledgement, or revenue stamps which are
members of the same family unless it should required by law are waived by him
appear that earnest efforts at compromise have
been made but that the same have failed. (Art. Failure to Deny Under Oath the Actionable Document:
222; Versoza v. Versoza) 1. The genuineness and due execution is deemed
4. Arbitration; Barangay Conciliation admitted
2. The document need not be formally offered in
Capacity – What must be averred: evidence
1. Facts showing the capacity of a party to sue or be
sued; or
2. The authority to sue or be sued in a SPECIFIC DENIALS (Rule 8, Sec. 10)
representative capacity;
3. Or the legal existence of an organized association The purpose of requiring the defendant to make a specific
of persons that is made a party (Rule 8, Sec. 4) denial is to make him disclose the matters alleged in the
complaint which he sincerely intends to disprove at the
Fraud, Mistake, Malice, Intent, Knowledge and Other trial, together with matters which he relies upon to
Condition of the Mind, Judgments, official documents, or support the denial (Herrera).
acts - Circumstances constituting fraud or mistake must
be stated with particularity while malice, intent, Modes of Denial:
knowledge or other condition of the mind of a person may
be averred generally [Rule 8, Sec. 5] 1. Specific Absolute Denial - Defendant must specify
each material allegation of fact the truth of which
Judgment - In pleading a judgment or decision of a he does not admit
domestic or foreign court, judicial or quasi-judicial a. Whenever applicable, he shall set forth the
tribunal, or of a board or officer, it is sufficient to aver the substance of the matters which he will rely
judgment or decision without setting forth matter upon to support the denial
showing jurisdiction to render it. (Rule 8, Sec. 6)
2. Partial Specific Denial - If pleader decides to deny
only a part or a qualification of an averment:
PLEADING AN ACTIONABLE DOCUMENT (Rule 8, Sec. 7) a. He shall specify so much of it as is true and
material
Actionable Document - The written instrument upon b. He shall deny the remainder
which the action or defense is based. Where a pleader
relies upon a document, its substance must be set out in 3. Disavowal of Knowledge - If defendant is without
the pleading either by its terms or by its legal effects knowledge or information sufficient to form a
belief as to the truth of a material averment made
Pleading the actionable document: in the complaint:
1. The substance of such instrument or document a. He shall so state
shall be set forth in the pleading; and b. This shall have the effect of a denial
2. The original or copy thereof shall be attached to
the pleading as an exhibit, which shall be deemed Effect of Failure to make Specific Denials:
to be part of the pleading; or 1. General Rule: Allegations not specifically denied
3. Said copy may with like effect be set forth in the are deemed admitted (Rule 8, Sec. 11)
pleading
2. Exceptions: Averments not deemed admitted
A variance in the substance of the document set forth in even if not specifically denied
the pleading and the document annexed thereto does not a. Allegations as to the amount of unliquidated
warrant dismissal of the action (Convets Inc. v. National damages;
Dev. Co.) b. Allegations immaterial to the cause of action
c. Allegations of merely evidentiary or
How to Contest an Actionable Document (Rule 8, Sec. 8) immaterial facts may be expunged from the
1. By specific denial under oath; and pleading or may be stricken out on motion.
2. By setting forth what is claimed to be the facts [Rule 8, Sec. 12]
d. Conclusion of law.
NOTE: The genuineness and due execution of the
document must be denied SPECIFICALLY When a specific denial requires an OATH – When the
- Due Execution - That the party whose signature it genuineness and due execution of an actionable
bears admits that he voluntarily signed it; or that document is contested or denied, the specific denial must
it was signed by another for him with his be under oath. (Rule 8, Sec. 8)
authority
- Genuineness - That the party whose signature it
bears admits that at the time it was signed it was
in words and figures exactly as set out; and that
the formalities, such as swearing and
EFFECT OF FAILURE TO PLEAD (Rule 9) There is only one instance when a party defendant can
properly be declared in default and that is when he fails to
FAILURE TO PLEAS DEFENSES AND OBJECTIONS file his answer within the reglementary period, or within
such extended time as he is allowed by the court, under
General Rule: Defenses and objections not pleaded in Sec. 1, Rule 18
answer or motion to dismiss are deemed waived.
(Omnibus Motion Rule) Elements of a Valid Order of Default
1. The court must have validly acquired jurisdiction
Exceptions: over the person of the defendant either by
1. Lack of jurisdiction over the subject matter; service of summons or voluntary appearance
2. Litis pendentia between same parties for the 2. The defendant failed to file his answer within the
same cause time allowed therefor
3. Res judicata 3. There must be a motion to declare the defendant
4. Action barred by statute of limitations. in default with notice to the latter
4. There must be notice to the defendant by serving
upon him a copy of such motion
FAILURE TO PLEAD COMPULSORY COUNTERCLAIM AND 5. There must be proof of such failure to answer
CROSS-CLAIM 6. There must be a hearing to declare defendant in
default
General Rule: A compulsory counterclaim not set up is
considered barred. [Rule 9, Sec. 2] Effect of Order of Default:
1. The court shall proceed to render judgment
Exception: If due to oversight, inadvertence, excusable granting the claimant such relief as his pleading
neglect, etc. the compulsory counterclaim, with leave of may warrant; or in its discretion
court, may be set up by amendment before judgment.
[Rule 11, Sec. 10] 2. Shall require the claimant to submit evidence;

For Cross-Claims: A cross-claim is always compulsory. A 3. Loss of standing in court of the defaulting party –
cross-claim not set up shall be barred. [Rule 9, Sec. 2] meaning he cannot appear therein, adduce
evidence and be heard nor take part in the trial

DEFAULT (Rule 9, Sec. 3) 4. Defendant is still entitled to notices of

subsequent proceedings
Definition: Failure of the defendant to answer within the a. A defendant declared in default cannot take
proper period. It is not his failure to appear nor his failure part in the trial, but he cannot be disqualified
to present evidence from testifying as a witness in favor of non-
defaulting defendants. [Cavili v. Florendo
Dual stages of default: (1987)]
1. Declaration of Order of Default – when defendant b. A party in default is entitled to notice of:
fails to answer within the time specified in the (1) Motion to declare him in default;
rules, the court shall, upon motion of the plaintiff (2) Order declaring him in default;
and proof of such failure, declare defendant in (3) Subsequent proceedings;
default (4) Service of final orders and judgments.

2. Rendition of Judgment by Default – thereafter, on 5. A defending party declared in default retains the
the basis of the allegation of the complaint or right to appeal from the judgment by default.
after receiving plaintiff’s evidence, the court shall However, the grounds that may be raised in such
render judgment granting him such relief as the an appeal are restricted to any of the following:
complaint and the facts proven may warrant a. The failure of the plaintiff to prove the
material allegations of the complaint;
b. The decision is contrary to law; and
Order of default Judgment by default c. The amount of judgment is excessive or
different in kind from that prayed for.
Issued by the court on [Ortero v. Tan (2012)]
Rendered by the court
plaintiff’s motion, for
following a default order or
failure of the defendant to
after it received ex parte Relief from an Order of Default (Lina v. CA)
file his responsive pleading
plaintiff’s evidence 1. The defendant in default may file a motion, under
seasonably
Interlocutory -Not oath, to set aside the order of default
Final – Appealable
appealable  At any time after discovery thereof (from
Notice) and before judgment,
When a Declaration of Default is Proper:
2. If the judgment has already been rendered, he
may file for new trial under Sec. 1 (a) Rule 37
  When the defendant discovered the default,
but before the same has become final and
executory

3. If defendant discovered the default after

judgment had become final and executory, he
may file a petition for relief under Sec. 2, Rule 38

4. He may also appeal from the judgment rendered

against him as contrary to the evidence or to the
law, even if no petition to set aside the order of
default has been presented by him

Partial Default - When the complaint states a common

cause of action against several defendants some of whom
answers and some of them do not, the court should
declare defaulting defendants in default, and proceed to
trial on answers of others

If the defense is personal to the one who answered, it will

not benefit those who did not answer.

Extent of Relief to be Awarded

1. A judgment rendered against a party in default
shall not exceed the amount or be different in
kind from that prayed for nor award unliquidated
damages
2. If the claim is not proved, the case should be
dismissed
3. As held in Datu Samad Mangelen v. CA (1992):
a. In a judgment based on evidence presented
ex parte, judgment should not exceed the
amount or be different in kind from that
prayed for.
b. On the other hand, in a judgment where an
answer was filed but defendant did not
appear at the hearing, the award may exceed
the amount or be different in kind from that
prayed for.

Actions Where Default is NOT allowed:

1. An action for annulment or declaration of nullity
of marriage
2. For legal separation
3. Special civil actions of certiorari, prohibition and
mandamus where comment instead of an answer
is required to be filed
4. Summary procedure
 DEFAULT IN ORDINARY PROCEDURE

After the lapse of time to file If motion denied:

an answer, the plaintiff may Defendant allowed to file an
move to declare the defendant answer
in default

If motion granted:
Court issues order of default
and renders judgment or
require plaintiff to submit
evidence ex parte

Before judgment by default is

rendered, defendant may:
(1) Move to set aside order of
Court maintains order of
default upon showing of FAME
default
and that he has a meritorious
defense;
(2) Avail of Rule 65 in proper
cases

Court sets aside order of

default and defendant is
allowed to file an answer
Presentation of plaintiff’s
evidence ex-parte

Case set for pre-trial

If plaintiff proves his If plaintiff fails proves his

allegations: allegations:
Judgment by default Case is dismissed
FILING AND SERVICE OF PLEADINGS Service - The act of providing a party or his counsel with a
copy of the pleading or paper concerned. [Rule 13, Sec. 2]
PAYMENT OF DOCKET FEES
Papers required to be filed and served: (Rule 13, Sec. 4)
As a rule, the court acquires jurisdiction over the case 1. Pleading subsequent to the complaint;
only upon payment of prescribed fees 2. Appearance;
3. Written Motion;
General rule: Without payment, case is considered not 4. Notice;
filed. Payment of docket fees is mandatory and 5. Order;
jurisdictional. 6. Judgment;
7. Demand;
It is not simply the filing of the complaint or appropriate 8. Offer of Judgment;
initiatory pleading but the payment of the prescribed 9. Resolution;
docket fee, that vests a trial court with jurisdiction over 10. Similar papers.
the subject matter or nature of the action [Proton Pilipinas
v. Banque National de Paris (2005)]
PERIODS OF FILING OF PLEADINGS
Effect of Failure to Pay Docket Fees at Filing
PERIOD
PLEADING PERIOD
1. The Manchester Rule: Manchester v. CA (1987) COUNTED FROM
a. Automatic Dismissal Service of
b. Any defect in the original pleading resulting summons, unless
in underpayment of the docket fees cannot a different period
be cured by amendment, such as by the Within 15 days
is fixed by the
reduction of the claim as, for all legal court (Rule 11,
purposes, there is no original complaint over Sec. 1
which the court has acquired jurisdiction Within 30 days if the
defendant is a foreign
2. Relaxation of the Manchester Rule by Sun Answer to Receipt of
private juridical
Insurance v. Asuncion (1989) the summons (Rule
entity and service of
a. NOT automatic dismissal Complaint 11, Sec. 2)
summons is made on
b. Court may allow payment of fees within government official
reasonable period of time. Note that payment At least 60 days
should always be within the prescriptive In case of non- Service of
period of the action filed. resident defendant extrajudicial
on whom summons (Sec.
3. Further modification by Heirs of Hinog v. Melicor extrajudicial service 15, Rule 14)
(2005) is made
a. Fees as lien Answer to
b. Where the trial court acquires jurisdiction Within 15 days Service of a copy
AMENDED
over a claim by the filing of the pleading and (if amendment was a of the amended
Complaint
the payment of the prescribed filing fee, BUT matter of right) complaint
(amended
SUBSEQUENTLY, the judgment awards a counterclaim,
claim not specified in the pleading, or cannot cross-claim, Notice of the
then be estimated, or a claim left for 3rd party Within 10 days
order admitting
determination by the court, then the (if amendment was
complaint, the same (Rule
additional filing fee shall constitute a lien on complaint in not a matter of right)
11, Sec. 3)
the judgment intervention)
Answer to
4. Exception to the Sun Insurance doctrine: Gochan Counterclaim From service
v. Gochan Within 10 days
or Cross- (Rule 11, Sec. 4)
a. The Sun Insurance rule allowing payment of Claim
deficiency does not apply where plaintiff Answer to Same rule as
never demonstrated any willingness to abide third (4th, Within 15 days answer to the
by the rules to pay the docket fee but etc)- party complaint (Rule
stubbornly insisted that the case filed was complaint 11, Sec. 5)
one for specific performance and damages. From service of
the pleading
Reply Within 10 days
responded to
FILING VERSUS SERVICE OF PLEADINGS (Rule 11, Sec. 6)
From notice of
Filing - The act of presenting the pleading or other paper Answer to
the order
to the clerk of court. [Rule 13, Sec. 2] supplemental Within 10 days
admitting the
complaint
same, unless a
 different period (1) From the post office stamp on the
is fixed by the envelope
court (2) From the registry receipt

NOTE: Upon motion and on such terms as may be just, the b. It is done by depositing in the post office:
court may extend the time to plead provided in these (1) In a sealed envelope
Rules. The court may also, upon like terms, allow an (2) Plainly addressed to the party or his
answer or other pleading to be filed after the time fixed counsel
by these Rules. [Rule 11, Sec. 11] (a) At his office if known
(b) Otherwise, at his residence if known
(3) Postage fully pre-paid
MANNER OF FILING (4) With instructions to the postmaster to
return the mail to the sender after 10
As per Rule 13, Sec. 3: days if undelivered
1. Personally
a. By By personally presenting the original to Substituted Service (Rule 13, Sec. 8)
the clerk of court. 1. Done by delivery of the copy to the clerk of court
b. The pleading is deemed filed upon the with proof of failure of both personal and service
receipt of the same by the clerk of court who by mail
shall endorse on it the date and hour of filing. 2. Proper only when:
c. If a party avails of a private carrier, the date a. Service cannot be made personally or by mail
of the court’s actual receipt of the pleading b. Office and place of residence of the party of
(not the date of delivery to the private his counsel being unknown
carrier) is deemed to be the date of the filing 3. Service is complete at the time of such delivery
of that pleading. [Benguet Electric
Cooperative v. NLRC (1992)]
SERVICE OF JUDGMENTS, FINAL ORDERS, OR
2. By Registered Mail RESOLUTIONS (Rule 13, Sec. 9)
a. Filing by mail should be through the registry
service (i.e. by depositing the pleading in the Service is done either:
post office). 1. Personally
b. The pleading is deemed filed on the date it 2. By registered mail
was deposited with the post office. 3. By publication ONLY IF:
a. Party is summoned by publication AND
Filing a pleading by facsimile is not sanctioned. But fax b. He failed to appear in the action
was allowed in an extradition case (Justice Cuevas v. Juan
Antonio Munoz) NOTE: There is NO substituted service of
judgments and final orders

MODES OF SERVICE
PRIORITIES IN MODES OF SERVICE AND FILING
Personal Service (Rule 13, Sec. 6)
1. Delivering personally a copy to the party, who is General rule: Personal filing and service is preferred.
not represented by a counsel, or to his counsel; or (Rule 13, Sec. 11)
2. Leaving a copy in counsel’s office with his clerk
or with a person having charge thereof; or Resort to other modes of filing and service must be
3. Leaving the copy between 8am and 6pm at the accompanied by an explanation why the service/filing
party’s or counsel’s residence, if known, with a was not done personally. If there is no written
person of sufficient age and discretion then explanation, the paper is considered not filed.
residing thereon – if not person is found in his
office, or if his office is unknown, or if he has no Exception: Papers emanating from the court.
office

Service by Mail (Rule 13, Sec. 7) WHEN SERVICE IS DEEMED COMPLETE

1. Ordinary Mail - it does not constitute filing until
the papers are actually delivered into the custody Completeness of service Proof of service
of clerk or judge (Rule 13 Sec. 10) (Rule 13 Sec. 13)
a. Service may be done by ordinary mail if no Personal service
registry service is available in the locality of Written admission of the
either sender or addressee party served, OR
Upon actual delivery
Official return of the server
2. Registered Mail - The date of mailing is the date OR
of filing
a. Date of filing is determinable from 2 sources:
 Affidavit of the party serving, Upon receipt of the Written/stamped
with a full statement of the pleading by the clerk of acknowledgment by the
date/place/manner of court clerk of court
service. By registered mail
Service by ordinary mail Registry receipt, and
Affidavit of the person affidavit of the person who
10 days after mailing, did the mailing with:
mailing of facts showing
unless otherwise (a) Full statement of
compliance with Sec. 7 of
provided by the court the date/place of
Rule 13.
Service by registered mail depositing the
Affidavit of the person mail in the post
Whichever is earlier: On the date the pleading office in a sealed
mailing of facts showing
compliance with Sec. 7 of was deposited with the envelope
Actual receipt by the post office addressed to the
Rule 13
addressee court
OR (b) Postage fully paid
AND
5 days after the (c) Instructions to the
addressee received 1st postmaster to
Registry receipt issued by
postmaster's notice return the mail to
the post office
(Constructive) the sender after 10
days if undelivered
Substituted Service
At the time of delivery of the copy to the clerk of court
together with proof of failure of both personal service and
service by mail PROOF OF SERVICE (Rule 13, Sec. 13)

Purpose of the rule on completeness of service for service by MODE PROOF OF SERVICE
registered mail: A written admission of the
party served, OR
To make sure that the party being served with the The official return of the
pleading, order or judgment is duly informed of the same server; OR
so that such party can take steps to protect the interests, Personal Service Affidavit of the party
i.e., enable to file an appeal or apply for other appropriate serving containing a full
reliefs before the decision becomes final. [MINTERBRO statement of the date,
v,CA (2012)] place, and manner of
service
Service to the lawyer binds the party. But service to the Affidavit of the person
party does not bind the lawyer, unless ordered by the mailing stating the facts
court in the following circumstances: Service by ordinary mail
showing compliance with
1. When it is doubtful who the attorney for such Rule 13, Sec. 7
party is; or Affidavit of person mailing
2. When the lawyer cannot be located; or containing facts showing
3. When the party is directed to do something compliance with Rule 13,
personally, as when he is ordered to show cause. Sec. 7, AND
[Retoni, Jr. v. CA]
Registry receipt issued by
mailing office; OR
Notice to the lawyer who appears to have been
The registry return card
unconscionably irresponsible cannot be considered as
which shall be filed
notice to his client, as it would then be easy for the lawyer Service by registered mail
immediately upon its
to prejudice the interests of his client by just alleging that
receipt by the sender, or in
he just forgot every process of the court affecting his
lieu thereof of the
clients, because he was so busy. [Bayog v. Natino]
unclaimed letter together
with the certified or sworn
copy of the notice given by
PROOF OF FILING
the postmaster to the
addressee.
1. Filing is proved by its existence in the record of
the case (Rule 13, Sec. 12)
AMENDMENT AND SUPPLEMENTAL PLEADINGS
2. If it is not in the record:
HOW TO AMEND PLEADINGS (Rule 10, Sec. 1)
When pleading is deemed
Proof of filing 1. Adding an allegation of a party;
filed
2. Adding the name of a party;
Personally
3. Striking out an allegation of a party;
 4. Striking out the name of a party; 1. If it appears to the court that the motion was
5. Correcting a mistake in the name of a party; and made to delay the action, leave of court is not
6. Correcting a mistaken or inadequate allegation or given
description in any other respect 2. There must be some reasonable grounds
justifying its exercise of discretion to allow
A new copy of the entire pleading, incorporating amendment
the amendments, which shall be indicated by
appropriate marks, shall be filed. (Rule 10, Sec. 7) When amendment by leave of court may not be allowed
1. If the cause of action, defense or theory of the
Purpose: That the actual merits of the controversy may case is changed.
speedily be determined, without regard to technicalities, 2. If amendment is intended to confer jurisdiction
and in the most expeditious and inexpensive manner. to the court.
a. If the court has no jurisdiction in the subject
As a general policy, liberality in allowing amendments is matter of the case, the amendment of the
greatest in the early stages of a law suit, decreases as it complaint cannot be allowed so as to confer
progresses and changes at times to a strictness jurisdiction on the court over the property.
amounting to a prohibition. This is further restricted by [PNB v. Florendo (1992)]
the condition that the amendment should not prejudice 3. If amendment is for curing a premature or non-
the adverse party or place him at a disadvantage. (Barfel existing cause of action.
Development v. CA, 1993) 4. If amendment is for purposes of delay.

Types of Amendments:
1. Amendment as a matter of right FORMAL AMENDMENTS (Rule 10, Sec. 4)
2. Amendment as a matter of judicial discretion
When an amendment is formal:
1. When there is a mere defect in the designation of
AMENDMENTS AS A MATTER OF RIGHT (Rule 10, Sec. 2) the parties;
2. Other clearly clerical or typographical errors
When amendment is allowed as a matter of right:
1. Once as a matter of course How formal amendments are effected
a. A 2nd or subsequent amendment must now 1. It may be summarily corrected by the court at
be with leave of court, not a matter of right any stage of the action
anymore 2. A party may, by motion, call for the formal
2. Instances: amendment
a. Substantial amendment – before responsive
pleading is filed NOTE: The formal amendment must NOT cause prejudice
(1) Amendment of complaint before an to the adverse party
answer is filed.
(2) Amendment of answer before a reply is
filed or before the period for filing a AMENDMENTS TO CONFORM TO OR AUTHORIZE
reply expires PRESENTATION OF EVIDENCE (Rule 10, Sec. 5)
(3) Amendment of reply any time within 10
days after it is served Applicability of Sec. 5 - This is an instance wherein the
b. Formal amendment court acquires jurisdiction over the issues even if the
same are not alleged in the original pleadings of the
parties where the trial of said issues is with the express or
AMENDMENTS BY LEAVE OF COURT (Rule 10, Sec. 3) implied consent of the parties

When leave of court is necessary before amendment is What Sec. 5 contemplates:

allowed: 1. It allows a complaint which states no cause of
1. All substantial amendments (unless it falls under action to be cured either by:
Rule 10, Sec. 2 as a matter of right) a. Evidence presented without objection or
2. When a responsive pleading has already been b. In the event of an objection sustained by the
served court, by an amendment of the complaint
with leave of court
Requisites:
1. A motion for leave of court to amend pleading is 2. It also allows the admission of evidence:
filed a. On a defense not raised in a motion or
a. Amended pleading should be attached to the answer if no objection is made thereto;
motion (see Sec. 9, Rule 15) b. In the event of such objection, court may
2. Notice is given to the adverse party allow amendment of the answer in order to
3. Parties are given opportunity to be heard raise said defense

Grounds for allowance of the amendment NOTE: Remember, however, that where the plaintiff has
no valid cause of action at the time of the filing of the
complaint, this defect cannot be cured or remedied by the must be filed pleading
acquisition or accrual of one while the action is pending
Limitations:
Two Scenarios: 1. Claims or defenses which have matured after the
1. When evidence is NOT objected to filing of the original pleadings cannot be averred
 When issues not raised by pleadings are tried in a supplemental pleading (it may be the subject
by express or implied consent of the parties, of an amendment)
they shall be treated in all respected as if 2. Supplemental pleadings are not allowed on
they had been raised in the pleadings separate and distinct causes of action
 Such amendments of pleadings as may be a. A supplemental pleading may raise a new
necessary to cause them to conform to the cause of action as long as it has some relation
evidence and raise these issues may be made to the original cause of action set forth in the
upon motion of any party at any time, even original complaint. [Ada v. Baylon (2012)]
after judgment 3. The admission or non-admission of a
 But failure to amend does not affect the supplemental pleading is not a matter of right but
result of the trial of those issues is discretionary on the court

2. When evidence IS objected to:

 Objection on the ground that it is not within EFFECT OF AMENDED PLEADING (Rule 10, Sec. 8)
the issues made by the pleadings 1. An amended pleading supersedes the pleading
 Court may allow the pleadings to be that it amends
amended and shall do so freely when the 2. Admissions in the superseded pleading can still
presentation of the merits of the action will be received in evidence against the pleader
be subserved 3. Claims or defenses alleged therein but not
 As safeguard, the court may grant a incorporated or reiterated in the amended
continuance to enable the objecting party to pleading are deemed waived
meet such evidence

SUPPLEMENTAL PLEADINGS

Definition: One which sets forth transactions, occurrences

or events which have happened since the date of the
pleading sought to be supplemented. [Rule 10, Sec. 6]

Purpose: To bring into the records new facts which will

enlarge or change the kind of relief to which the plaintiff
is entitled [Ada v. Baylon (2012), citing Young v. Spouses
Yu]

A supplemental complaint/pleading supplies deficiencies

in aid of an original pleading, not to entirely substitute the
latter.

How Made: It is made upon motion of a party with

reasonable notice and upon terms as are just.

Difference with Amended Pleading

Amendments Supplemental pleadings

Grounds for the

Reason for the amendment
supplemental pleading
is available at time of the
arose after the 1st pleading
1st pleading
was filed
Either as a matter of right Always a matter of
or a matter of discretion discretion
Merely supplements the
original (i.e. Exists side by
Supersedes the original
side with the original
pleading)
When an amended A supplemental pleading
pleading is filed, a new does not require the filing
copy of the entire pleading of a new copy of the entire
 SUMMONS service except where such appearance is precisely to
object the jurisdiction of the court over the person of the
Definition: A coercive force issued by the court to acquire defendant (Carballo v. Encarnacion)
jurisdiction over the person of the defendant

General Rule: Defendant's voluntary appearance in the

NATURE AND PURPOSE OF SUMMONS IN RELATION TO action shall be equivalent to service of summons;
ACTIONS IN PERSONAM, IN REM, AND QUASI IN REM
Exception: Special appearance to file a MTD.
Purposes of Summons
1. For Actions in Personam BUT inclusion in the MTD of grounds other than LOJ over
a. To acquire jurisdiction over the person of the the defendant’s person, is not deemed a voluntary
defendant in a civil case; appearance.
b. To give notice to the defendant that an action
has been commenced against him. Any mode of appearance in court by a defendant or his
lawyer is equivalent to service of summons, absent any
2. For Actions in Rem and Quasi In Rem indication that the appearance of counsel for petitioner is
a. Not to acquire jurisdiction over the precisely to protest the jurisdiction of the court over the
defendant but mainly to satisfy the person of the defendant. [Delos Santos v. Montesa (1993)]
constitutional requirement of due process
b. Jurisdiction over the defendant is not
required and the court acquires jurisdiction WHO MAY SERVE SUMMONS
over an action as long as it acquires
jurisdiction over the res Who May Serve Summons (Rule 14, Sec. 3)
1. The sheriff
Issuance of Summons - Upon the filing of the complaint 2. His deputy
and the payment of legal fees, the clerk of court shall issue 3. Other proper court officer
the corresponding summons to the defendants. [Rule 14, 4. Any suitable person authorized by the court (for
Sec. 1] justifiable reasons)

Contents of Summons (Rule 14, Sec. 2) – NOTE: The enumeration in Sec. 3 of the persons
1. Summons shall be: who may validly serve summons is EXCLUSIVE
a. Directed to the defendant (Herrera)
b. Signed by clerk of court under seal

2. Summons shall contain: RETURN OF SUMMONS

a. Name of the court and the names of the
parties to the action Return When Service has been Completed (Rule 14, Sec. 4)
b. A direction that the defendant answer within 1. The server shall serve a copy of the return to the
the time fixed by the Rules plaintiff’s counsel
c. A notice that unless the defendant so a. Within 5 days therefrom
answers, plaintiff will take judgment by b. Personally or by registered mail
default and may be granted the relief applied 2. The server shall return the summons
for a. To the clerk who issue it
b. Accompanied by proof of service
3. The following shall be attached to the original
and each copy of the summons: It is required to be given to the plaintiff’s counsel in order
a. A copy of the complaint to enable him:
b. Order for appointment of guardian ad litem 1. To move for a default order should the defendant
(if any) fail to answer on time, or
2. In case of non-service, so that alias summons may
Effect of Invalid Summons be sought
1. The trial court does not acquire jurisdiction and
renders null and void all subsequent proceedings In either of the 2 cases, server must serve a copy
and issuances (Syjuco v. Castro) of the return on plaintiff’s counsel within 5 days
2. Any judgment without service of summons in the from completion or failure of service
absence of a valid waiver is null and void
(Filmerco Commercial Co. v. IAC)
ALIAS SUMMONS (Rule 14, Sec. 5)

VOLUNTARY APPEARANCE Upon plaintiff’s demand, the clerk may issue an alias
summons if either:
Any form of appearance in court, by the defendant, by his 1. Summons is returned without being served on
agent authorized to do so, or by attorney, is equivalent to any/all of the defendants.
2. Summons was lost.
The server shall also serve a copy of the return on the Necessary Requisite: For substituted service of summons
plaintiff's counsel within 5 days therefrom, stating the to be valid, it is necessary to establish the following:
reasons for the failure of service 1. The impossibility of the personal service of
summons within a reasonable time
2. The efforts exerted to locate the person to be
MODES OF SERVICE OF SUMMONS served; and
3. Service upon:
Modes: a. A person of sufficient age and discretion
1. Personal Service (Rule 14, Sec. 6) residing in the same place as defendant or
2. Substituted Service (Rule 14, Sec. 7) b. Some competent person in charge of his
3. Service by Publication (Rule 14, Sec. 14, 15, 16) office or regular place of business (Spouses
Ventura v. CA, 1987)
NOTE: Summons cannot be served by mail
- Where service is made by publication, a copy of Meaning of RESIDENCE
the summons and order of the court shall be sent 1. For a substituted service to be valid, summons
by registered mail to last known address of served at the defendant’s residence must be
defendant (Sec. 15) served at his residence AT THE TIME OF
 Resort to registered mail is only SERVICE; not his former place of residence
complementary to the service of summons by 2. “dwelling house” or “residence” refers to the
publication dwelling house at the time of service
 But it does not mean that service by 3. They refer to the place where the person named
registered mail alone would suffice in the summons is living at the time of when the
service is made, even though he may be
temporarily out of the country at that time
PERSONAL SERVICE OF SUMMONS (Rule 14, Sec. 6) (Venturanza v. CA)

How Done: Meaning of Defendant’s Office or Regular Place of Business

1. By handing a copy of summons to him; or 1. “Office” or “regular place of business” refers to
2. If he refuses to receive it, by tendering it to him the office or place of business of defendant at the
time of service
Personal Service of Personal Service of 2. The rule specifically designates the persons to
Pleadings Summons on Defendant whom copies of the process should be left
Rule 13, Sec. 6 Rule 14, Sec. 6 3. “To be in charge” means to have care an custody
Personal service includes: Service is only made on of, under control of, or entrusted to the
1. Service on the defendant himself management or direction of (Sandoval II v. House
party or his of Representatives)
counsel; or
2. By leaving a copy Proof of Substituted Service MUST:
with the clerk or 1. Indicate the impossibility of service of summons
person having within a reasonable time;
charge of his office; 2. Specify the efforts exerted to locate the
or defendant; and
3. Leaving it with a 3. State that the summons was served upon a
person of sufficient person of sufficient age and discretion who is
age and discretion residing in the address, or who is in charge of the
at the party’s or office or regular place of business, of the
counsel’s defendant.
residence 4. It is likewise required that the pertinent facts
proving these circumstances be stated in the
proof of service or in the officer’s return. [Sps. Tiu
SUBSTITUTED SERVICE OF SUMMONS (Rule 14, Sec. 7) v. Villar (2012)]

It is only when the defendant cannot be served personally

within a reasonable time and for justifiable reasons that a CONSTRUCTIVE SERVICE (BY PUBLICATION)
substituted service may be made.
Three Situations were Summons by Publication may be
How Done: allowed under Rule 14 (Baltazar v. CA)
1. By leaving copies of the summons at the 1. First is the situation of an Unknown Defendant –
defendant’s residence with some person of governed by Sec. 14
suitable age and discretion residing therein; or 2. Second is the situation were Extraterritorial
2. By leaving the copies at defendant’s office or service is proper – governed by Sec. 15
regular place of business with some competent 3. Third, is that of a resident who is temporarily out
person in charge thereof of the Philippines – governed by Sec. 16
The Rule on Unknown Defendants (Rule 14, Sec. 14) a. Where the defendant is residing in the
Philippines, jurisdiction over his person may
If a defendant is a resident and plaintiff cannot determine be acquired by substituted service of
the correct address of respondent, petitioner only needs summons under Sec. 7
to show that: b. Extra-territorial service is also allowed (also
1. Respondent’s address is unknown and by leave of court) according to Sec. 16
2. Cannot be ascertained by diligent inquiry
NOTE: In other words, a resident defendant in an action
Upon compliance with this requirement, it can personam, who cannot be personally served with
validly serve summons by publication in a summons, may be summoned either by:
newspaper of general circulation. (United 1. Substituted service in accordance with Sec. 7,
Coconut Planters Bank v. Ongpin) Rule 14
2. Or by service by publication under Sec. 16, Rule
NOTE: Under this Section, summons by publication can be 14
made in ANY action (personam, in rem, quasi in rem)
unlike in cases of Non-Resident Defendants. When the action is in rem or quasi in rem, extra-
territorial service may be effected provided that Sec. 16
requirements are met.
The Rule on Non-Resident Defendants (Extra-territorial
Service); Rule 14, Sec. 15
SERVICE UPON PRISONERS AND MINORS
Extra-territorial service is allowed IF:
1. The defendant Service of Summons on Different Entities:
a. Does not reside in the Philippines
b. And is not found in the Philippines DEFENDANT SERVICE OF SUMMONS
2. And the action (in rem and quasi in rem) Entity without
a. Affects the personal status of the plaintiff, or Upon any or all the defendants being
juridical
b. Relates to or the subject of which is property sued under common name; or person
personality
within the Philippines in charge of the office
(Sec. 8)
(1) In which defendant has or claims a lien In case of minors: by serving upon:
or interest, actual or contingent; or 1. The minor, regardless of age,
(2) In which the relief demanded consists, AND
wholly or in part, in excluding the 2. Upon his legal guardian, or
defendant from any interest therein, or also upon either of his
(3) Property of defendant has been attached parents
within the Philippines In case of incompetents: by serving
Minors and on:
NOTE: Always remember that extra-territorial incompetents 1. Him personally AND
service, when allowed, covers only action in rem (Sec. 10) 2. Upon his legal guardian, but
and quasi in rem. not upon his parents, unless
they are his legal guardians
How Extra-territorial service is done: In any event: if the minor or
1. Always by leave of court incompetent has no legal guardian,
2. Modes: the plaintiff must obtain the
a. Personal service as under Sec. 6, Rule 14 appointment of a guardian ad litem
b. Publication in a newspaper of general for him
circulation in such places and for such time Serve to either: (Exclusive
as court may order enumeration)
(1) A copy of the summons and order of the Domestic 1. The president,
court shall be sent by registered mail to private 2. Managing partner,
the last known address of defendant juridical entity 3. General manager,
c. In any other manner the court may deem (Sec. 11) 4. Corporate secretary,
sufficient 5. Treasurer, or
6. In- house counsel
NOTE: Any order granting such leave shall specify a Service may be done on:
reasonable time within which defendant must answer 1. The resident agent;
BUT the time shall not be less than 60 days after notice Foreign 2. If no resident agent;
private a. The government official
juridical entity designated by law; or
The Rule on Residents Temporarily Outside of the (Sec. 12) b. Any officer or agent of the
Philippines (Rule 14, Sec. 16) corporation within the
Philippines
How done: Public In case defendant is the Republic, by
1. Always by leave of court corporations serving upon the Solicitor General
2. Modes:
 (Sec. 13) In case of a province, city or
municipality, or like public
corporations, by serving on its
executive head or on such other
officer or officers as the law or the
court may direct

PROOF OF SERVICE

The proof of service of summons (Rule 14, Sec. 18):

1. Shall be made in writing
2. It shall:
a. Set forth the manner, place, date of service
b. Specify any papers which may have been
served with the process and the name of the
person who received the same
c. Shall be sworn to when made by a person,
other than the sheriff or his deputy

If service has been made by publication, service may be

proved by: (Rule 14, Sec. 19)
1. The affidavit of the printer, his foreman, or
principal clerk; or of the editor, business or
advertising manager
 Copy of the publication shall be attached

2. AND an affidavit showing:

a. The deposit of a copy of the summons; and
b. Order of publication in the post office,
postage prepaid, directed to defendant by
registered mail to his last known address

Effect of Defect of Proof of Service:

1. Where sheriff’s return is defective, presumption
of regularity in the performance of official
functions will not lie
2. Defective return is insufficient and incompetent
to prove that summons was indeed served
3. Party alleging valid summons will now prove that
summons was indeed served
4. If there is no valid summons, court did not
acquire jurisdiction which renders null and void
all subsequent proceedings and issuances
 MOTIONS 2. Hearing on the motion set by the applicant

MOTIONS IN GENERAL Motion Day (Rule 15, Sec. 7) - Except for urgent
motions, motions are scheduled for hearing:
DEFINITION OF A MOTION a. On Friday afternoons;
b. Afternoon of the next working day, if Friday
A motion is an application for relief other than by a is a non-working day.
pleading. (1a)
3. Notice of hearing shall be addressed to all parties,
and shall specify the time and date of the hearing
MOTIONS VERSUS PLEADINGS which shall not be later than 10 days from the
filing of the motion. [Rule 15, Sec. 5]

Motion Pleading Notice must be addressed to the counsels. A

notice of hearing addressed to the clerk of court,
Contains allegations of Contains allegations of the and not to the parties, is no notice at all.
facts ultimate facts Accordingly, a motion that does not contain a
Prays for a relief Prays for a relief notice of hearing to the adverse party is nothing
Grant of the relief does not Grant of relief extinguishes but a mere scrap of paper, as if it were not filed;
extinguish the action the action (final relief) hence, it did not suspend the running of the
(interlocutory relief) period to appeal. [Provident International
Generally in writing (with Always in writing Resources v. CA (1996)]
some exceptions)
- Effect of Want of Notice: A motion that does not
contain a notice of hearing is but a mere scrap of
General Rule: A motion cannot pray for judgment
paper. A court has no jurisdiction to issue an
order in consideration of a motion for correction
Exceptions:
of judgment which does not have a proper notice
1. Motion for judgment on the pleadings.
of hearing (Fajardo v. CA)
2. Motion for summary judgment.
3. Motion for judgment on demurrer to evidence.
4. Motion and notice of hearing must be served at
least 3 days before the date of hearing; [Rule 15,
CONTENTS AND FORM OF MOTIONS
Sec. 4]
Contents (Rule 15, Sec. 3)
Purpose: To prevent surprise upon the adverse
1. Relief sought to be obtained
party and to enable the latter to study and meet
2. Grounds upon which it is based
the arguments of the motion.
3. Accompanied by supporting affidavits and other
papers if:
Exceptions:
a. Required by the Rules, or
a. Ex parte motions;
b. Necessary to prove facts alleged therein
b. Urgent motions;
c. Motions agreed upon by the parties to be
Form (Rule 15, Sec. 2)
heard on shorter notice, or jointly submitted
by the parties;
General Rule: In writing.
d. Motions for summary judgment which must
be served at least 10 days before its hearing.
Exception: Oral motions:
1. Motions for continuance made in the presence of
5. Proof of Service
the adverse party or those made in the course of
the hearing or trial
Proof of Service (Rule 15, Sec. 6)
2. Those made in open court even in the absence of
the adverse party or those made in the course of
General Rule: A written motion set for hearing will not be
a hearing or trial
acted upon by the court if there is no proof of service
thereof.
NOTICE OF HEARING AND HEARING OF MOTIONS
What may be proof:
1. If by registered mail: Affidavit or registry receipt
Requisites of motions (not made in open court or in the
or postmark on envelope or return card, with an
course of hearing/trial)
explanation.
2. If by personal service: Affidavit or
1. It must be in writing; [Rule 15, Sec. 2]
acknowledgment of receipt by the other party.
Exception: Oral motions
Exceptions:
 1. If the motion is one which the court can hear ex MOTIONS FOR BILL OF PARTICULARS
parte.
2. If the court is satisfied that the rights of the DEFINTION
adverse parties are not affected by the motion.
3. If the party is in default because such a party is It is a detailed explanation respecting any matter which is
not entitled to notice. not averred with sufficient definiteness/particularity in
the complaint as to enable a party to properly prepare his
responsive pleading or to prepare for trial. [Rule 12, Sec.
OMNIBUS MOTION RULE 1]

Definition: A motion attacking a pleading/ order/ PURPOSE AND WHEN APPLIED FOR
judgment/ proceeding must include all objections then
available. All objections not included in the motion are It is filed by the plaintiff pursuant to a court order issued
deemed waived. upon granting a motion for Bill of Particulars filed by the
defendant before the latter files an answer.
Purpose: To require the movant to raise all available - In said motion, the defendant prays for a more
exceptions for relief during a single opportunity so that definite statement of matters which are not
multiple and piece-meal objections may be avoided averred with sufficient definiteness in the
complaint.
Exception: When the court’s jurisdiction is in issue: - An action cannot be dismissed on the ground that
1. Lack of jurisdiction over subject-matter; the complaint is vague/indefinite. The remedy of
2. Litis pendentia; the defendant is to move for a Bill of Particulars
3. Res judicata; or avail of the proper mode of discovery. [Galeon
4. Prescription. v. Galeon (1973)]

Purpose: to define/ clarify/ particularize/ limit/

LITIGATED AND EX PARTE MOTIONS circumscribe the issues in the case to expedite the trial
and assist the court.
Kinds of Motion - The only question to be resolved in a motion for a
1. Motion Ex Parte - Made without notification to Bill of Particulars is WON the allegations in the
the other party because the question generally complaint are averred with sufficient
presented is not debatable. definiteness/ particularity to enable the movant
2. Litigated Motion - Made with notice to the to properly prepare his responsive pleading and
adverse party so that an opposition thereto may to prepare for trial. [Tantuico, Jr. v. Republic
be made. (1991)]
3. Motion Of Course - Motion for a kind of - A Bill of Particulars becomes part of the pleading
relief/remedy to which the movant is entitled to for which it was intended. [Rule 12, Sec. 6]
as a matter of right, Allegations contained in such
motion do not have to be investigated/verified. When Applied For: [Rule 12, Sec. 1]
4. Special Motion - Discretion of the court is 1. Before responding to a pleading
involved. An investigation of the facts alleged is 2. If the pleading is a reply, within 10 days from
required. service thereof

What a Motion for a Bill of Particulars should point out:

PRO FORMA MOTIONS (Rule 12, Sec. 1)
1. The defects complained of;
Definition - A motion failing to indicate time and date of 2. The paragraph wherein they are contained;
the hearing 3. The details desired.

What cannot be done in a Bill of Particulars:

- To supply material allegations necessary to the
validity of a pleading
- To change a cause of action or defense stated in
the pleading
- To state a cause of action or defense other than
that one stated
- To set forth the pleader’s theory of his cause of
action or a rule of evidence on which he intends
to reply
- To furnish evidentiary information

ACTIONS OF THE COURT

Upon the filing of the motion, the clerk must immediately which are alleged generally action, the opportunity to
bring it to the attention of the court. or which are indefinite and appear and be joined
vague,
The court may: (Rule 12, Sec. 2) so he could assert or
1. Deny so as to properly guide protect such right or
2. Grant the motion outright such party in answering interest
3. Allow the parties the opportunity to be heard the pleading and to avoid
surprise in the trial of the
case
COMPLIANCE WITH THE ORDER AND EFFECT OF Available to any person not
NONCOMPLIANCE yet a party to the action at
any time after the
Compliance with Order (Rule 12, Sec. 3) – If motion is Available to the defendant
commencement of an
granted wholly/partially: before he files his
action, even during the
1. Within 10 days from notice of order, Bill of responsive pleading
proceeding, but not after
Particulars or a more definite statement should the trial has been
be submitted (unless court fixes a different concluded
period).
2. Bill of Particulars or definite statement filed Effect of Motion:
either as a separate pleading or as an amended 1. If the motion is granted, in whole or in part,
pleading, a copy of which must be served on the a. The movant can wait until the bill of
adverse party. particulars is served on him by opposing
party
Effect of Non-Compliance (Rule 12, Sec. 4) – b. Then he will have the balance of the
1. In case of non-compliance or insufficient reglementary period within which to file his
compliance with the order for Bill of Particulars, responsive pleading
the court: 2. If the motion is denied
a. May order the striking out of the pleading (or a. He will still have such balance of the
portion thereof) to which the order is reglementary period to file his responsive
directed; OR pleading, counted from service of the order
b. Make such order as it may deem just. denying his motion

2. If a party fails to obey: IN ANY CASE: The party will have at least 5 days
a. If the plaintiff fails to obey, his complaint to file his responsive pleading
may be dismissed with prejudice unless
otherwise ordered by the court. [Rule 12,
Sec. 4; Rule 17, Sec. 3]
b. If defendant fails to obey, his answer will be
stricken off and his counterclaim dismissed,
and he will be declared in default upon
motion of the plaintiff. [Rule 9, Sec. 3; Rule
12, Sec. 4; Rule 17, Sec. 4]

EFFECT ON THE PERIOD TO FILE PLEADING (Rule 12,

Sec. 5)

A Motion for Bill of Particulars interrupts the period to

file a responsive pleading.
BUT only if it is sufficient in the form and
substance.

The period to which the movant is entitled at the time of

filing of the motion, which shall not be less than 5 days in
any event.

NOTE the following distinctions:

Bill of Particulars
Intervention
Purpose is to enable a Purpose is to enable a
party bound to respond to person not yet a party to an
a pleading to get more action, yet having a certain
details about matters right or interest in such
MOTION TO DISMISS 11. Non-compliance with a condition precedent for
filing claim
IN GENERAL
NOTE: Complaints cannot be dismissed on ground not
Definition – A remedy of the defendant, or the responding alleged in a motion to dismiss. The motion may be based
party in general, which attacks the entire pleading and on only one of the grounds enumerated in Sec. 1, Rule 16
seeks its dismissal based on:
1. Grounds which are patent on the face of the
complaint; Lack of Jurisdiction (LOJ) over the Defendant’s Person
2. Defenses available to the defendant at the time of
the filing of the complaint The objection of LOJ over the person on account of lack of
service or defective service of summons, must be raised:
It hypothetically admits the facts stated in the complaint. 1. At the very first opportunity;
2. Before any voluntary appearance is made.
It is not a responsive pleading. It is not a pleading at all. It
is subject to the omnibus motion rule since it is a motion In La Naval Drug Corp. v. CA, et al. the Court held that
that attacks a pleading. Hence, it must raise all objections while lack of jurisdiction over the person of defendant
available at the time of the filing thereof. may be duly and seasonably raised, his voluntary
appearance in court without qualification is a waiver of
Types of Dismissal of Action: such defense.
1. MTD before answer under Rule 16;
2. MTD under Rule 17: Appearance of counsel is equivalent to summons, unless
a. Upon notice by plaintiff; such is made to protest the jurisdiction of the court over
b. Upon motion by plaintiff; the person of the defendant. If grounds other than invalid
c. Due to fault of plaintiff. service of summons are raised, it cannot be considered as
3. Demurrer to evidence after plaintiff has a special appearance. [De los Santos v. Montesa (1993)]
completed the presentation of his evidence under
Rule 33; NOTE: Sec. 20, Rule 14 makes a categorical statement that
4. Dismissal of an appeal. the inclusion in a motion to dismiss of other grounds
aside from lack of jurisdiction over the person of the
Period to File: Within the time for, but before filing of, the defendant shall not be deemed voluntary appearance on
answer to the complaint or pleading asserting a claim his part.

Exceptions:
a. For special reasons which may be allowed
even after trial has begun, a motion to Lack of Jurisdiction over the Subject Matter of the Claim
dismiss may be filed
b. The court has allowed the filing of a motion If the complaint shows on its face LOJ, the court may
to dismiss where the evidence that would dismiss the case outright instead of hearing the motion.
constitute a ground for dismissal was
discovered during trial A MTD on the ground of LOJ over the subject matter may
be raised either:
General Rule: A court may NOT motu propio dismiss a 1. Before answer;
case, unless a motion to that effect is filed by a party. 2. After answer is filed;
3. After hearing had commenced;
Exceptions: 4. At any stage of the proceeding, even for the first
1. Cases where the court may dismiss a case motu time on appeal and even if no such defense is
propio; [Rule 9, Sec. 1] raised in the answer.
2. Failure to prosecute; [Rule 17, Sec. 3]
3. Sec. 4, Revised Rule on Summary Procedure. NOTE: The rule refers to the subject matter of each
particular claim and not only to that of the suit. Hence.
other initiatory pleadings included.
GROUNDS: Rule 16, Sec. 1
1. Lack of jurisdiction over the defendant’s person Where a party invokes the jurisdiction of a court to obtain
2. Lack of jurisdiction over the subject matter of the affirmative relief and fails, he cannot thereafter repudiate
claim such jurisdiction. While the issue of jurisdiction may be
3. Improper venue raised at any time, he is estopped as it is tantamount to
4. Plaintiff’s lack of legal capacity to sue speculating on the fortunes of litigation (Crisostomo, et al.
5. Litis pendentia v. CA)
6. Res judicata
7. Prescription
8. Failure to state a cause of action Improper Venue
9. Extinguished claim
10. Unenforceable claim under the Statute of Frauds Unless and until the defendant objects to the venue in a
MTD prior to a responsive pleading, the venue cannot
truly be said to have been improperly laid since, for all It does not require that the later case be dismissed in
practical intents and purposes, the venue though favor of the earlier case. To determine which case should
technically wrong may yet be considered acceptable to be abated, apply:
the parties for whose convenience the rules on venue had 1. The More Appropriate Action Test;
been devised. Improper venue may be waived and such 2. The Interest of Justice Test, taking into account:
waiver may occur by laches. [Diaz v. Adiong (1993)] a. Nature of the controversy;
b. Comparative accessibility of the court to the
Where a motion to dismiss for improper venue is parties;
erroneously denied, the remedy is prohibition (Enriquez c. Other similar factors.
v. Macadaeg)
In both tests, the parties’ good faith shall be taken into
Where the plaintiffs filed the action in a court of improper consideration.
venue and thereafter submitted to its jurisdiction, the
issue of venue was thereby waived and they are in The 1st case shall be abated if it is merely an anticipatory
estoppel to repudiate or question the proceedings in said action or defense against an expected suit. The 2nd case
court (Vda. De Suan, et al. v. Cusi, et al.) will not be abated if it is not brought to harass. [Vitrionics
Computers v. RTC (1993)]
Objection to venue is also impliedly waived where the
party enters into trial, cross-examines the witnesses of
the adverse party and adduces evidence (Paper Industries Res Judicata
Corp of the Philippines v. Samson et al.)
Requisites:
1. Former judgment rendered by a court having
Plaintiff’s Lack of Legal Capacity to Sue: jurisdiction over the subject matter and over the
parties;
The plaintiff lacks legal capacity to sue: 2. Judgment must be a final judgment;
1. When he does not possess the necessary 3. Judgment must be on the merits;
qualification to appear at the trial (e.g. when he a. There can be res judicata without a trial, such
plaintiff is not in the full exercise of his civil as in a judgment on the pleadings (Rule 34);
rights); a summary judgment (Rule 35); or an order
2. When he does not have the character which he of dismissal under Rule 17, Sec. 3.
claims, which is a matter of evidence (e.g. when 4. There must be identity of parties, of subject
he is not really a duly appointed administrator of matter and of the causes of action.
an estate).
For res judicata to apply, absolute identity of parties is
Lack of legal capacity to sue refers to plaintiff’s disability; not required because substantial identity is sufficient.
while lack of legal personality to sue refers to the fact that Inclusion of additional parties will not affect the
the plaintiff is not a real party in interest, in which case application of the principle of res judicata.
the ground for dismissal would be that the complaint
states no cause of action. The test of identity of cause of action lies not in the form
of the action but on WON the same evidence would
The issue of plaintiff’s lack of legal capacity to sue cannot support and establish the former and the present causes
be raised for the first time on appeal where the defendant of action. [DBP v. Pundogar (1993)]
dealt with the former as a party in the proceedings below
(Univ. of Pangasinan Faculty Union v. Univ. of Pangasinan) Rationale: The sum and substance of the whole doctrine is
that a matter once judicially decided is finally decided
because of:
Litis pendentia 1. Public policy and necessity makes it the interest
of the State that there should be an end to
Requisites: (Anderson Group v. CA, 1997) litigation;
1. Identity of parties; 2. The hardship on the individual that he should be
2. identity of rights asserted and relief prayed for; vexed twice for the same cause. [Nabus v. CA
3. Relief founded on the same facts and the same (1991)]
basis;
4. Identity in the 2 proceedings should be such that Two concepts of res judicata [Abalos v. CA 1993)
any judgment which may be rendered in the 1. Bar by prior judgment – Judgment on the merits
other action will amount to res judicata on the in the 1st case constitutes an absolute bar to the
action under consideration. subsequent action not only as to every matter
which was offered and received to sustain or
It is not required to allege that there be a prior pending defeat the claim/demand, but also to any other
case. It is sufficient to allege and prove the pendency of admissible matter which might have been offered
another case, even if same had been brought later. for that purpose and to all matters that could
have been adjudged in that case. (Asked in the
2002 Bar Exam)
 2. Conclusiveness of judgment – Where the 2nd The failure to state a cause of action must be evident on
action between the parties is upon a different the face of the complaint itself.
claim/demand, the judgment in the 1st case
operates as an estoppel only with regard to those Test: Assuming the allegations and statements to be true,
issues directly controverted, upon the does the plaintiff have a valid cause of action?
determination of which the judgment was
rendered. A MTD based upon the ground of failure to state a cause
of action imports a hypothetical admission by the
defendant of the facts alleged in the complaint.
Statute of Limitations
If the court finds the allegations of the complaint to be
Prescription applies only when the complaint on its face sufficient but doubts their veracity, it must deny the MTD
shows that indeed the action has already prescribed. and require the defendant to answer and then proceed to
try the case on its merits.
If the fact of prescription is not indicated on the face of
the complaint and the same may be brought out later, the A complaint containing a premature cause of action may
court must defer decision on the motion until such time as be dismissed for failure to state a cause of action.
proof may be presented on such fact of prescription.
If the suit is not brought against the real party-in-interest,
a motion to dismiss may be filed on the ground that the
Prescription Laches complaint states no cause of action. [Tanpinco v. IAC
(1992)]
Concerned with the fact of Concerned with the effect
delay of delay Complaint states no cause of
No cause of action
A matter of time A matter of equity action
Statutory Not statutory Insufficiency of allegations Insufficiency of factual
Applies in law Applies in equity in the pleading basis for the action
Based on fixed time Not based on fixed time May be raised in a Motion
to Dismiss at any time but
Defense of prescription is waived and cannot be before the filing the answer may be raised at any time
considered on appeal if not raised in the trial court to the complaint or
(Ramos v. Osorio) pleading asserting a claim
dismissal due to lack of
However, if the allegations of the complaint, or evidence Dismissal due to failure to cause of action is made
presented, clearly indicate that the action has prescribed, state a cause of action can after questions of fact have
or where there is no issue in fact as to prescription, be made at the earliest been resolved on the basis
defense of prescription is not deemed waived by failure stages of an action and of stipulations, admissions
to allege the same (Chua Lamko v. Dioso) without prejudice or evidence presented and
with prejudice
Estoppel and prescription cannot be invoked against the
State (Republic v. CA)
Extinguished Claim
A motion to dismiss on the ground of prescription will be
given due course only if the complaint shows on its face That the claim/demand set forth in the plaintiff's pleading
that the action has already prescribed (Sison v. McQuaid) has been paid, waived, abandoned or otherwise
extinguished.
If it is not apparent on its face, take note that Sec. 3
prohibits deferment of the resolution of the motion. Thus:
1. Evidence may be received in support of the Unenforceable Claim under the Statute of Frauds
motion under Sec. 2, Rule 16; or
2. The motion to dismiss should be denied without Article 1403 (2) CC requires certain contracts to be
prejudice to the complaint’s dismissal if evidence evidenced by some note or memorandum in order to be
disclose that the action had already prescribed enforceable, to wit:
(Sec. 1, Rule 9) 1. An agreement that by its terms is not to be
performed within a year from the making
thereof;
Complaint States No Cause of Action 2. A special promise to answer for the debt, default,
or miscarriage of another;
Failure to state a cause of action (not lack of cause of 3. An agreement made in consideration of marriage,
action) is the ground for a MTD. The former means there other than a mutual promise to marry;
is insufficiency in the allegations in the pleading. The 4. An agreement for the sale of goods, chattels or
latter means that there is insufficiency in the factual basis things in action, at a price not less than five
of the action. hundred pesos, unless the buyer accept and
receive part of such goods and chattels, or the
 evidences, or some of them, of such things in Trial: If the case goes to trial, such evidence presented
action, or pay at the time some part of the shall automatically be part of the evidence of the party
purchase money; but when a sale is made by presenting the same.
auction and entry is made by the auctioneer in
his sales book, at the time of the sale, of the Lack of formal hearing of a motion to dismiss is not fatal
amount and kind of property sold, terms of sale, where the issues raised were fully discussed in the
price, names of the purchasers and person on motion and opposition. (Castillo v. CA)
whose account the sale is made, it is a sufficient
memorandum; After hearing: Court may either:
5. An agreement for the leasing for a longer period 1. Dismiss the action/claim
than one year, or for the sale of real property or 2. Deny the MTD
of an interest therein; 3. Order amendment of the pleadings
6. A representation as to the credit of a third
person. The court cannot defer the resolution of the MTD for the
reason that the ground relied upon is not indubitable.
Unlike a motion to dismiss on the ground that the
complaint states no cause of action, a motion invoking the The court’s resolution on the MTD must clearly and
Statute of Frauds may be filed even if the absence of a distinctly state the reasons therefor.
cause of action does not appear on the face of the
complaint. Such absence may be proved during the
hearing of the motion to dismiss on said ground. REMEDIES OF PLAINTIFF WHEN THE COMPLAINT IS
(Yuviengco et al. v. Dacuycuy, etc., et al.) DISMISSED

If the motion is granted, the complaint is dismissed. Since

Non-Compliance with a Condition Precedent the dismissal is final and not interlocutory in character,
the plaintiff has several options:
Where the plaintiff has not exhausted all administrative
remedies, the complaint not having alleged the fact of 1. Depending upon the ground for the dismissal of
such exhaustion, the same may be dismissed for lack of the action, the plaintiff may REFILE the
cause of action (Pineda v. CFI Davao, et al.) complaint,
a. These are orders of dismissal which is not
Where the complaint does not state that it is one of the tantamount to an adjudication on the merits
excepted cases, or it does not allege prior availment of b. e.g when ground for dismissal is anchored on
conciliation process, or it does not have a certification improper venue.
that no conciliation or settlement had been reached under
P 1508, case should be dismissed on motion (Morata v. 2. He may APPEAL from the order of dismissal
Go, et al.) where the ground relied upon is one which bars
refilling of complaint
Where the defendant had participated in the trial court a. The grounds which bar re-filing are:
without any invocation of PD 1508, and the judgment (1) Res judicata
therein had become final and executory, but said (2) Prescription
defendant thereafter sought the annulment of the (3) Extinguishment of the obligation
decision for alleged lack of jurisdiction, the same was (4) Violation of Statutes of Fraud
denied under the doctrine of estoppel and laches (Royales,
et al., v. IAC) 3. The plaintiff may also avail of a petition for
certiorari, alleging grave abuse of discretion.
[Riano]

RESOLUTION OF MOTION
REMEDIES OF THE DEFENDANT WHEN MOTION IS
During the hearing of the motion: Parties shall submit: DENIED
1. Their arguments on questions of law
2. Their evidence on questions of fact (Rule 16, Sec. Appeal is NOT a remedy since denial of a motion to
2) dismiss is an interlocutory order. As a general rule,
a. Exception: Those not available at that time defendant files his answer and then may appeal an
adverse judgment.
Parties should be allowed to present evidence and the
evidence should be taken down Remedies of Defendant:

EXCEPT: when the motion is based on the ground of 1. The movant shall file his answer within the
insufficiency of cause of action which must generally balance of the period described in Rule 11 to
be determined on the basis of the facts alleged in the which he was entitled at the time of serving his
complaint motion, but not less than 5 days in any event.
a. If pleading is ordered to be amended, he shall
file his answer within the period prescribed
 by Rule 11 counted from service of amended pleading asserting the presentation of his
pleading unless the court provides a longer claim against him evidence
period If denied, defendant must
If denied, defendant may
file an answer, or else he
2. Another remedy is to file a certiorari, case under present evidence
may be declared in default
Rule 65 alleging grave abuse of discretion. If granted, plaintiff appeals
[Riano] If granted, plaintiff may
and the order of dismissal
appeal or if subsequent
is reversed, defendant
case is not barred, he may
loses his right to present
EFFECT OF DISMISSAL OF COMPLAINT ON CERTAIN re-file the case
evidence
GROUNDS

General rule: The action/claim may be re-filed.

Exception: The action cannot be re-filed (although subject

to appeal) if it was dismissed on any of the following
grounds:
1. Res judicata;
2. Prescription;
3. Extinguishment of the claim/demand;
4. Unenforceability under the Statute of Frauds.
[Rule 16, Sec. 1 (f),(h),(i)]

WHEN GROUNDS PLEADED AS AFFIRMATIVE DEFENSES

If no motion to dismiss had been filed, any of the grounds

for dismissal may be pleaded as affirmative defenses and
a preliminary hearing may be had at court’s discretion.
(Rule 16, Sec. 6)

NOTE: The dismissal of the complaint under this section

shall be without prejudice to the prosecution in the same
or separate action of a counterclaim pleaded in the
answer.

If the defendant would not want to file a

counterclaim, he should not file a motion to dismiss
 Instead, he should allege the grounds of a
motion to dismiss as affirmative defenses in
his answer with a counterclaim
 A preliminary hearing may be had thereon,
and in the event the complaint is dismissed,
defendant can prosecute his counterclaim
(Herrera)

DISTINGUISHED FROM DEMURRER TO EVIDENCE

UNDER RULE 33

A motion to dismiss under this Rule differs from a motion

to dismiss under Rule 33 on demurrer to evidence:

MOTION TO DISMISS DEMURRER TO EVIDENCE

Grounded on preliminary Based on insufficiency of
objections evidence
May be filed by any
May be filed only by the
defending party against
defendant against the
whom a claim is asserted
complaint of the plaintiff
in the action
Should be filed within the May be filed for the
time for but prior to the dismissal of the case only
filing of the answer of the after the plaintiff has
defending party to the completed the
 DISMISSAL OF ACTIONS compulsory counterclaim, being ancillary to
the principal controversy must likewise be
DISMISSAL UPON NOTICE BY PLAINTIFF; TWO- dismissed (Metals Engineering Resources v.
DISMISSAL RULE (Rule 17, Sec. 1) CA)
- However, under this section, if a counterclaim
Dismissal by plaintiff as a matter of right has been pleaded by a defendant PRIOR to the
service upon him of the plaintiff’s motion for
Dismissal is effected not by motion but by mere notice of dismissal, the dismissal shall be limited to the
dismissal which is a matter of right before the service of: complaint.
1. The answer; or
2. A motion for summary judgment Such dismissal shall be without prejudice to the right of
the defendant to either:
The dismissal as a matter of right ceases when an answer 1. Prosecute his counterclaim in a separate action;
or a motion for summary judgment is served on the a. In this case, the court should render the
plaintiff and not when the answer or the motion is filed corresponding order granting and reserving
with the court. his right to prosecute his claim in a separate
complaint
Dismissal NOT Automatic - It requires an order by the 2. OR to have the same resolved in the same action
court confirming the dismissal. Until confirmed, the a. In this case, defendant must manifest such
withdrawal does not take effect preference to the trial court within 15 days
from notice to him of plaintiff’s motion to
Generally, Dismissal is Without Prejudice dismiss
General Rule: Dismissal is without prejudice
Exceptions: NOTE: These alternative remedies of the
1. Where the notice of dismissal so provides; or defendant are available to him regardless of
2. Where the plaintiff has previously dismissed the whether his counterclaim is compulsory or
same case in a court of competent jurisdiction permissive
(Two Dismissal Rule)
3. Even where the notice of dismissal does not
provide that it is with prejudice but it is premised DISMISSAL DUE TO FAULT OF PLAINTIFF (Rule 17, Sec.
on the fact of payment by the defendant of the 3)
claim involved (Serrano v. Cabrera)
Distinction between Sec. 2 and Sec. 3 of Rule 17
Two Dismissal Rule - when the same complaint had twice
been dismissed by the plaintiff without order of the court SECTION 2 SECTION 3
by simply filing a notice of dismissal, the 2nd dismissal Dismissal is not procured
operates as an adjudication on the merits. Dismissal is at the by plaintiff though justified
instance of the plaintiff by causes imputable to
him
DISMISSAL UPON MOTION BY PLAINTIFF; EFFECT ON Dismissal is a matter of
EXISTING COUNTERCLAIM (Rule 17, Sec. 2) procedure, without
Dismissal is a matter of
prejudice unless
evidence, an adjudication
Under this section, dismissal of the complaint is subject to otherwise stated in the
on the merits
the discretion of the court and upon such terms and court order or on motion
conditions as may be just. to dismiss
Dismissal is without
Generally, Dismissal is Without Prejudice prejudice to the right of
General Rule: Dismissal is without prejudice defendant to prosecute his
Exceptions: counterclaim in a Dismissal is without
1. When otherwise stated in the motion to dismiss; separation action unless prejudice to the right of
or within 15 days from defendant to prosecute his
2. When stated to be with prejudice in the order of notice of motion he counterclaim on the same
the court manifests his intention to or separate action
have his counterclaim
Effect on Counterclaim: resolved in the same
action
If counterclaim has been pleaded by defendant prior to
service upon him of plaintiff’s motion for dismissal, Dismissal under this Section
dismissal shall be limited to the complaint
- Remember that if the civil case is dismissed, so The case may be dismissed motu proprio or upon the
also is the counterclaim filed therein defendant’s motion if, without justifiable cause, plaintiff
 It was held that if the court does not have fails either:
jurisdiction to entertain the main action of 1. To appear on the date of the presentation of his
the case and dismiss the case, then the evidence-in-chief on the complaint;
 a. The plaintiff’s failure to appear at the trial General Rule: Dismissal of actions under Sec. 3 which do
after he has presented his evidence and not expressly state whether they are with or without
rested his case does not warrant the prejudice are held to be with prejudice on the merits
dismissal of the case on the ground of failure Exceptions:
to prosecute. 1. The court declares otherwise, without prejudice
b. It is merely a waiver of his right to cross- to the right of the defendant to prosecute his
examine and to object to the admissibility of counter-claim in the same or separate action
evidence. [Jalover v. Ytoriaga (1977)] 2. If court has not yet acquired jurisdiction over the
c. Since plaintiff’s presence is now required person of the defendant
only during the presentation of his evidence
in chief, his absence during the presentation Effect on Counterclaim:
of defendant or other parties’ evidence, or
even at rebuttal or subsequent stages, is not Defendant is granted the choice to prosecute that
a ground for dismissal. counterclaim in either the same or a separate action, just
like the grant of that remedy in Sec. 6, Rule 16
2. To prosecute his action for an unreasonable
length of time (nolle prosequi); In this section (as well as in Sec. 6, Rule 16), defendant is
a. The test for dismissal of a case due to failure not required to manifest his preference within a 15-day
to prosecute is WON, under the period as in Sec. 2
circumstances, the plaintiff is chargeable - The motions to dismiss in this section and in Sec.
with want of due diligence in failing to 6, Rule 16, are filed by defendant who perforce
proceed with reasonable promptitude. has already deliberated upon the course of action
[Calalang v. CA (1993)] he intends to take on his counterclaim and which
b. The dismissal of an action pursuant to this he may even manifest right in his motion to
rule rests upon the sound discretion of the dismiss
court ( Smith Bell and Co. v. American - The dismissal in Sec. 2 is at the instance of
President Lines Ltd.) plaintiff, hence, defendant is granted the time and
c. The action should never be dismissed on a duty to manifest preference within 15 days from
non-suit for want of prosecution when the notice, after an opportunity to study the situation
delay was caused by the parties looking
towards a settlement. (Goldloop Properties
Inc. v. CA) DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM, OR
THIRD-PARTY COMPLAINT
3. To comply with the Rules or any court order.
a. The order must be valid Provisions of Rule 17 shall apply to the dismissal of any
b. Failure to comply with order: counterclaim, cross-claim, or third-party complaint
(1) Dismissal for failure to comply with
order to amend complaint to make Voluntary dismissal by claimant by notice as in Sec. 1,
claims asserted more definite is ground shall be made:
for dismissal (Santos v. General Wood 1. Before a responsive pleading or motion for
Craft) summary judgment is served; or
(2) Failure to comply with an order to 2. If there is none, before introduction of evidence
include indispensable parties is ground at trial or hearing
for dismissal (Aranico-Rubino v. Aquino)
(3) The failure to comply with order of new Effect of Dismissals
judge to recall witness so he may 1. Dismissal or continuance of an action operates to
observe demeanor is sufficient ground annul orders, ruling, or judgments previously
for dismissal (Castillo v. Torres) made in the case
c. Failure to comply with rules 2. It also annuls all proceedings had in connection
(1) The failure of the parties to submit a therewith and renders all pleadings ineffective
compromise agreement within period 3. Dismissal or non-suit leaves the situation as
granted to them by court is not a ground though no suit had ever been brought
for dismissal (Goldloop Properties Inc. v.
CA) Where a counterclaim is made the subject of a separate
(2) Dismissal is improper where a 3rd party suit, it may be abated upon a plea of auter action
complaint has been admitted and the 3rd pendentia and/or dismissal on the ground of res judicata.
party defendant had not yet been Res judicata, however, is not applicable since the court
summoned (Sotto v. Valenzuela) held that it did not acquire jurisdiction due to non-
(3) A case may be dismissed for failure to payment of docket fees.
answer written interrogatories under
Rule 25 even without an order from the Dismissal on the ground of LOJ does not constitute res
court to answer. (Arellano v. CFI- judicata, there being no consideration and adjudication of
Sorsogon) the case on the merits. Neither is there litis pendentia.
[Meliton v. CA (1992)]
Effect of Dismissal:
 PRE-TRIAL Primary Objective
Pre-trial is primarily intended to make certain that all
CONCEPT OF PRE-TRIAL issues necessary to the disposition of a case are properly
raised.
Pre-Trial is a mandatory conference and personal
confrontation before the judge between the parties and Thus, to obviate the element of surprise, parties are
their respective counsel, called by the court after the expected to disclose at a pre-trial conference (PTC) all
joinder of issues in a case or after the last pleading has issues of law and fact which they intend to raise at the
been filed and before trial, for the purpose of settling the trial, except such as may involve privileged or impeaching
litigation expeditiously or simplifying the issues without matters. The determination of issues at a pre-trial
sacrificing the necessary demands of justice. conference bars the consideration of other questions on
appeal. [Caltex v. CA (1992)]
It is a procedural device by which the court is called upon,
after the filing of the last pleading, to compel the parties
and their lawyers to appear before it, and negotiate an
amicable settlement or otherwise make a formal NOTICE OF PRE-TRIAL
settlement and embody in a single document the issues of
fact and law involved in the action, and such other When pre-trial conducted - After the last pleading has
matters as may aid in the prompt disposition in the case, been served and filed, it shall be the duty of the plaintiff to
such as: promptly move ex parte that the case be set for pre-trial.
1. Number of witnesses (Sec. 1, Rule 18)
2. Tenor or character of their testimonies 1. Specifically, the motion is to be filed within 5
3. Documentary evidence; nature and purpose of days after the last pleading joining the issues has
each been served and filed (Admin Circ. No. 3-99, Jan
4. Number of trial dates 15, 1999)
2. Within 5 days from date of filing of the reply,
plaintiff must promptly move ex-parte that the
NATURE AND PURPOSE case be set for pre-trial conference. If the plaintiff
fails to file said motion within the given period,
Purpose of pre-trial is to consider: (Rule 18, Sec. 2) the branch clerk shall issue a Notice of Pre-Trial
1. Possibility of an amicable settlement or of a (AM No. 03-109-SC, July 13, 2004)
submission to alternative modes of dispute
resolution; NOTE: Note: The “Last Pleading” need not be literally
2. Simplification of the issues; construed as the actual filing of the last pleading. For
3. Necessity/desirability of amendments to the purpose of pre-trial, the expiration of the period for filing
pleadings; the last pleading is sufficient (Sarmiento v. Juan)
4. Possibility of obtaining stipulations or
admissions of facts and of documents to avoid Notice of Pre-trial: The notice shall be served on:
unnecessary proof; 1. Counsel
5. Limitation of the number of witnesses; 2. Party, only if he has no counsel (Sec. 3, Rule 18)
6. Advisability of a preliminary reference of issues
to a commissioner; The sufficiency of the written notice of pre-trial is
7. Propriety of rendering judgment on the irrelevant where evidence shows that counsel and the
pleadings, or summary judgment, or of parties actually knew of the pre-trial (Bembo v. CA)
dismissing the action should a valid ground
therefor be found to exist;
8. Advisability/necessity of suspending the APPEARANCE OF PARTIES; EFFECT OF FAILURE TO
proceedings; and APPEAR
9. Other matters that may aid in the prompt
disposition of the action. Duty to Appear: It is the duty of the parties and their
counsel to appear at the pre-trial. (Rule 18, Sec. 4)
Pre-trial is Mandatory - NOTE: BOTH parties AND their counsel
- Vital objective: the simplification, abbreviation,
and expedition of the trial, if not indeed its When non-appearance is excused: A party’s non-
dispensation appearance may be excused only if either:
- Mandatory nature is addressed to both court and 1. Valid cause is shown for it;
parties: 2. A representative appears in his behalf, fully
 Court must set the case for pre-trial and authorized in writing:
notify the parties as well as counsel to a. To enter into an amicable settlement;
appear b. To submit to alternative modes of dispute
 Parties with their counsel are obliged to obey resolution;
the order of the court to that effect c. To enter into stipulations/admissions of facts
and of documents.
 NOTE: The written special authority must be
in the form of an SPA (Sec. 23, Rule 38). If the
party is a corporation, the SPA must be PRE-TRIAL BRIEF; EFFECT OF FAILURE TO FILE
supported by a board resolution.
Rule 18, Sec. 6 makes it the MANDATORY duty of the
Effect of Failure to Appear; unexcused non-appearance: parties to seasonably file their pre-trial briefs under the
(Rule 18, Sec. 5) conditions and with the sanctions provided therein.

Order of Non-suit is issued to the party who failed to When to File Pre-Trial Brief: Parties shall file and serve
appear at pre-trial. their respective pre-trial briefs, ensuring receipt by
adverse party at least 3 days before the date of the pre-
Who fails to trial.
Effect
appear
Cause for dismissal of the action which Contents of a Pre-Trial Brief
Plaintiff will be with prejudice, unless otherwise 1. Statement of their willingness to enter into
ordered by the court amicable settlement or alternative modes of
Cause to allow plaintiff to present dispute resolution, indicating the desired terms
Defendant evidence ex parte, and court to render thereof;
judgment on the basis thereof 2. Summary of admitted facts and proposed
stipulation of facts;
NOTE: The non-appearance of defendant in pre-trial is 3. Issues to be tried/resolved;
not a ground to declare him in default. Thus, we 4. Documents/exhibits to be presented, stating the
distinguish: purpose thereof;
5. Manifestation of their having availed or their
intention to avail themselves of discovery
procedures or referral to commissioners;
Default by defendant Failure to appear by 6. Number and names of the witnesses, and the
(Rule 9, Sec. 3) defendant (Rule 18, Sec. 5) substance of their respective testimonies. [AM
No. 03-1-09-SC]
Upon motion and notice to
Not required
defendant. Failure to File Pre-trial Brief: Failure to file the pre-trial
Requires proof of failure to brief shall have the same effect as failure to appear at the
Not required pre-trial.
answer
Court to allow plaintiff to
Court to render judgment, Remedy of defendant is to file a motion for
present evidence ex parte,
unless it requires reconsideration, showing that his failure to file a trial
then the court shall render
submission of evidence brief was due to fraud, accident, mistake, or excusable
judgment
Judgment by Default Judgment Ex Parte negligence
Relief awarded must be the Relief awarded may be of
same in nature and amount different nature and
as prayed for in the amount from the relief PROCEEDINGS AFTER TERMINATION OF PRE-TRIAL
complaint prayed for
Record of Pre-Trial: The pre-trial proceedings shall be
When we say that a defendant is in “default” it speaks of recorded. Upon termination of such proceedings, the
his failure to file responsive pleading and not his non- court shall issue the pre-trial order.
appearance at pre-trial.
Contents of Pre-Trial Order:
Remedy of Party who has been non-suited: 1. Matters taken up in the conference;
1. For a non-suited plaintiff: 2. Action taken thereon;
a. Motion to set aside the order of non-suit 3. Amendments allowed on the pleadings;
b. Affidavit of merit is not necessary in a simple 4. Agreements/admissions made by the parties as
motion for reconsideration of the order of to any matters considered;
non-suit EXCEPT as to show the cause of the 5. Should the action proceed to trial, the explicit
failure to appear at the pre-trial (Jonathan definition and limit of the issues to be tried.
Landoil International Inc. v. Mangudadatu)
Effect of Pre-Trial Order: The contents of the order shall
2. For a non-suited defendant: control the subsequent course of the action; UNLESS:
a. File a motion for reconsideration without 1. Modified before trial to prevent manifest
need for affidavits of merits regarding the injustice (Rule 18, Sec. 7)
fraud, accident, mistake, or excusable 2. Issues impliedly included therein or may be
negligence (Lucero v. Dacayo) inferable therefrom by necessary implication
(Velasco v. Apostol)
3. Amendment to conform to evidence (Rule 10,
Sec. 5)
 (Note: either party or
On Compromise: his counsel is allowed
- Upon manifestation of the parties of their to sign)
willingness to discuss a compromise, the TC The sanctions for non- Sanctions are imposed
should order the suspension of the proceedings appearance are upon the counsel for
to allow them reasonable time to discuss and imposed upon the the accused or the
conclude an amicable settlement. plaintiff and the prosecutor [Rule 118,
- If despite all efforts exerted by the TC and the defendant [Rule 18, Sec. Sec. 3]
parties the settlement conference still fails, then 4]
the action should have continued as if no A pre-trial brief is A pre-trial brief is not
suspension had taken place. [Goldloop Properties specifically required to specifically required.
v. CA (1992)] be submitted [Rule 18,
- NOTE: AM 03-1-09-SC - No termination of pre- Sec. 6]
trial for failure to settle

ALTERNATIVE DISPUTE RESOLUTION (ADR)

DISTINCTION BETWEEN PRE-TRIAL IN CIVIL CASE Special Rules of Court on ADR (AM No. 07-11-08-SC)
AND PRE-TRIAL IN CRIMINAL CASE
The parties may be submitted to ADR during pre-trial. If
ADR fails, judge will schedule the continuance of the pre-
Civil Case Criminal Case trial conference

Set when the plaintiff Ordered by the court The Alternative Dispute Resolution System
moves ex parte to set and no motion to set Means any process or procedure used to resolve a dispute
the case for pre-trial the case for pre-trial is or controversy, other than by adjudication of a presiding
[Rule 18, Sec. 1] required from either judge of a court or an officer of a government agency, as
the prosecution or the defined in this Act, in which a neutral third party
defense [Rule 118, Sec. participates to assist in the resolution of issue [RA 9285,
1] Sec. 3]
Made after the pleading Ordered by the court
has been served and after arraignment and Policy Behind the ADR: To actively promote party
filed [Rule 18, Sec. 1] within 30 days from the autonomy in the resolution of disputes or the freedom of
sate the court acquired the party to make their own arrangements to resolve
jurisdiction over the their disputes [RA 9285, Sec. 2]
person of the accused
[Rule 118, Sec. 1] In Relation to Pre-Trial:
Considered the Does not include the 1. At the start of the pre-trial conference, the judge
possibility of an considering of the shall immediately refer the parties and/or their
amicable settlement as possibility of amicable counsel if authorized by their clients to the PMC
an important objective settlement of one’s mediation unit for purposes of mediation if
[Rule 118, Sec. 2(a)] criminal liability as one available.[AM No. 03-1-09-SC]
of its purposes [Rule
118, Sec. 1] 2. The pre-trial briefs of parties must include the
The arrangements and (Stricter procedure) parties’ statement of their willingness to enter
admissions in the pre- All agreements or into an amicable settlement indicating the
trial are not required to admissions made or desired terms thereof or to submit the case to
be signed by both entered during the pre- any of the alternative modes of dispute
parties and their trial conference shall be resolution [AM No. 03-1-09-SC]
counsels. Under the reduced in writing and
Rules, they are instead signed by both the Exception to the Application of RA 9285:
to be contained in the accused and counsel; 1. labor disputes covered by the Labor Code;
record of pre-trial and otherwise, they cannot 2. the civil status of persons;
pre-trial order [Rule 18, be used against the 3. validity of a marriage;
Sec. 7] accused. [Rule 118, Sec. 4. any ground for legal separation;
2] 5. the jurisdiction of courts;
[AM No. 03-1-09] - 6. future legitime;
requires the 7. criminal liability; and
proceedings during the 8. those which by law cannot be compromised.
preliminary conference
to be recorded in the Modes of Alternative Dispute Resolutions:
“Minutes of Preliminary
Conference” to be 1. Arbitration (RA 9285, Sec. 1)
signed by both parties a. A voluntary dispute resolution process in
and/or counsel. which one or more arbitrators, appointed in
 accordance with the agreement of the 8. Confirmation, Correction or Vacation of Award in
parties, or rules promulgated pursuant to Domestic Arbitration;
this Act, resolve a dispute by rendering an 9. Recognition and Enforcement or Setting Aside of
award\ an Award in International Commercial
b. Different Kinds: Arbitration;
(1) Domestic Arbitration – an arbritration 10. Recognition and Enforcement of a Foreign
that is not international; governed by RA Arbitral Award;
876 (Arbitration Law) [RA 9285, Sec. 32] 11. Confidentiality/Protective Orders; and
(2) International Arbitration - An arbitration 12. Deposit and Enforcement of Mediated Settlement
is international if: Agreements.
(a) the parties to an arbitration
agreement have, at the time of the Service and Filing of Petition – The petitioner shall serve,
conclusion of that agreement, their either by personal service or courier, a copy of the
places of business in different States; petition upon the respondent before the filing thereof.
or Proof of service shall be attached to the petition filed in
(b) one of the following places is court.
situated outside the State in which
the parties have their places of Notice – served once court finds petition sufficient in form
business [Article 3, Model Law on and substance
International Commercial 1. Notice is sent to parties directing them to appear
Arbritration] at a particular time and date for hearing
2. Hearing shall not be set no later than 5 days from
2. Mediation lapse of period for filing opposition or comment
a. a voluntary process in which a mediator, 3. Notice to respondent shall contain a statement
selected by the disputing parties, facilitates allowing him to file a comment or opposition to
communication and negotiation, and assist petition within 15 days from receipt of notice
the parties in reaching a voluntary 4. For Referral to ADR or Confidentiality/Protection
agreement regarding a dispute Orders:
b. includes conciliation a. Follow Rule 15 Rules of Court

3. Mini-Trial Summary Hearing - In all cases, as far as practicable, the

a. A structured dispute resolution method in summary hearing shall be conducted in one (1) day and
which the merits of a case are argued before only for purposes of clarifying facts.
a panel comprising senior decision makers
with or without the presence of a neutral Prohibited Submissions (Rule 1.6)
third person after which the parties seek a 1. Motion to dismiss;
negotiated settlement 2. Motion for bill of particulars;
3. Motion for new trial or for reopening of trial;
4. Early Neutral Evaluation 4. Petition for relief from judgment;
a. An ADR process wherein parties and their 5. Motion for extension, except in cases where an
lawyers are brought together early in a pre- ex-parte temporary order of protection has been
trial phase to present summaries of their issued;
cases and receive a nonbinding assessment 6. Rejoinder to reply;
by an experienced, neutral person, with 7. Motion to declare a party in default; and
expertise in the subject in the substance of 8. Any other pleading specifically disallowed under
the dispute any provision of the Special ADR Rules.

5. Combination of ADR No summons (Rule 1.9 - In cases covered by the Special

a. Example: Med-Arb - step dispute resolution ADR Rules, a court acquires authority to act on the
process involving both mediation and petition or motion upon proof of jurisdictional facts, i.e.,
arbitration that the respondent was furnished a copy of the petition
and the notice of hearing.
Special Rules of Court on ADR (AM No. 07-11-08-SC)

The Special ADR Rules shall apply to and govern the

following cases (Rule 1.1)
1. Relief on the issue of Existence, Validity, or
Enforceability of the Arbitration Agreement;
2. Referral ADR
3. Interim Measures of Protection;
4. Appointment of Arbitrator;
5. Challenge to Appointment of Arbitrator;
6. Termination of Mandate of Arbitrator;
7. Assistance in Taking Evidence;
 PRE – TRIAL

NO SETTLEMENT FAILURE TO APPEAR AMICABLE

SETTLEMENT

Agreements made by If plaintiff is absent If defendant is

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

If evidence is
TRIAL insufficient to prove
plaintiff’s cause of
action or defendant’s
counterclaim, court
rules in favor of
either one or
dismisses the case
COURT RENDERS
DECISION
 INTERVENTION
DEFINITION
TIME TO INTERVENE
A legal remedy whereby a person is permitted to become
a party in a case, by either: How Intervention is Done
1. Joining the plaintiff; 1. By a motion to intervene
2. Joining the defendant; 2. Attaching the pleading-in-intervention to the
3. Asserting his right against both plaintiff and motion
defendant, considering that either: 3. Copies served on the original parties (Rule 19,
a. He has a legal interest in the subject matter Sec. 2)
of the action;
b. He has legal interest in the success of either When should it be filed – The motion to intervene may be
of the parties filed at ANY TIME before rendition of judgment by the
c. He has legal interest against both of the court
parties
d. He is going to be adversely affected by the General Rule: Allowance of intervention is discretionary
disposition of the property in the custody of with the court
the court (Rule 19, Sec. 1)
Exception: When the intervenor is an indispensable party
Intervention is never an independent action, but is
ancillary and supplemental to the existing litigation. Its Pleadings-in-Intervention:
purpose is to afford one not an original party, yet having a 1. Complaint-in-intervention – If intervenor asserts
certain right/interest in the pending case, the opportunity a claim against either or all of the original parties.
to appear and be joined so he could assert or protect such
right/interest. (Carino v. Ofilada, 1993) 2. Answer-in-intervention – If intervenor unites
with the defending party in resisting a claim
against the latter.
REQUISITES FOR INTERVENTION
3. Answer to complaint-in-intervention [Rule 19,
The requisites of intervention are: Sec. 4] - It must be filed within 15 days from
1. Legal interest: notice of the order admitting the complaint-in-
a. In the matter in controversy; or intervention, unless a different period is fixed by
b. In the success of either of the parties; or the court.
c. Against both; or
d. So situated as to be adversely affected by a REMEDY FOR DENIAL OF MOTION TO INTERVENE
distribution or other disposition of property
in the custody of the court or of an office 1. If intervention is denied
thereof; a. Aggrieved party may appeal
2. Intervention will not unduly delay or prejudice b. Mandamus will not lie except in case of grave
the adjudication of rights of original parties abuse of discretion
3. Intervenor’s rights may not be fully protected in a
separate proceeding (Lorenza Ortega v. CA, 1998) 2. If intervention is granted
a. A grant of a motion to intervene is
interlocutory
MEANING OF LEGAL INTEREST b. Hence, anyone who objects can file a petition
for certiorari for improper granting of
Interest must be of a direct and immediate character so intervention
that the intervenor will either gain or lose by the direct
legal operation of the judgment. The interest must be
actual and material, a concern which is more than mere
curiosity, or academic or sentimental desire; it must not
be indirect and contingent, indirect and remote,
conjectural, consequential or collateral. [Virra Mall
Tenants v. Virra Mall (2011)]

Notwithstanding the presence of a legal interest,

permission to intervene is subject to the sound discretion
of the court, the exercise of which is limited by
considering "whether or not the intervention will unduly
delay or prejudice the adjudication of the rights of the
original parties and whether or not the intervenor’s rights
may be fully protected in a separate proceeding. [Virra
Mall Tenants v. Virra Mall (2011)]
 SUBPOENA A process directed to a person requiring him to bring with
him books, documents, or other things under his control
DEFINITION
The SDT is, in all respects, like the ordinary SAT with the
Subpoena is a process directed to a person requiring him: exception that it concludes with an injunction that the
1. To attend and to testify at the hearing or the trial witness shall bring with him and produce at the
of an action, or at any investigation conducted by examination the books, documents, or things described in
competent authority, or for the taking of his the subpoena
deposition; or
2. To bring with him any books, documents, or Before SDT may issue, the court must first be satisfied
other things under his control (Rule 21, Sec. 1) that the following requisites are present:
1. Test of RELEVANCY: The books, documents, or
SUBPOENA SUMMONS other things requested must appear prima facie
An order to appear and relevant to the issue subject of the controversy
An order to answer 2. Test of DEFINITENESS: Such books must be
testify or to produce
complaint reasonably described by the parties to be readily
books and documents
May be served to a non- identified (test of definiteness)
Served on the defendant
party
Needs tender of
kilometrage, attendance Does not need tender of
fee and reasonable cost of kilometrage and other fees SERVICE OF SUBPOENA (Rule 21, Sec. 6)
production fee
How Made: Same manner as PERSONAL or SUBSTITUTED
Who May Issue: (Rule 21, Sec. 2) service of summons
1. Court before whom the witness is required to
attend Formalities:
2. Court of the place where the deposition is to be 1. The original shall be exhibited
taken 2. A copy is delivered to the person on whom it is
3. Officer or body authorized by law to do so in served
connection with investigations conducted by said 3. Fees and costs:
officer or body; or a. Tender to the person on whom it is served
4. Any justice of the SC or of the CA, in any case or the fees for one day’s attendance and the
investigation pending within the Philippines kilometrage allowed by the Rules
(1) EXCEPT: Tender need not be made if
NOTE: Sec. 38(2), BP 129 – All processes issued by the issued by or on behalf of the Republic or
MTC and MCTC in cases falling within their jurisdiction an officer of agency thereof
may be served anywhere in the Philippines without the
necessity of certification by the judge of the RTC b. If SDT, reasonable cost of producing the
books, documents, or things demanded shall
Form and Contents: (Rule 21, Sec. 3) also be tendered
1. Shall state the name of the court and the title of
the action or investigation Service must be made so as to allow the witness
2. Shall be directed to the person whose attendance reasonable time for preparation and travel to the place of
is required attendance
3. In case of a subpoena duces tecum, shall contain a
reasonable description of the books, documents,
or things demanded which must appear to the
court to be prima facie relevant COMPELLING ATTENDANCE OF WITNESSES;
CONTEMPT
Kinds:
1. Subpoena duces tecum (SDT) General Rule:
2. Subpoena ad testificandum (SAT) 1. The court which issued the subpoena may issue a
warrant for the arrest of the witness and make
him pay the cost of such warrant and seizure, if
SUBPOENA AD TESTIFICANDUM the court should determine that his disobedience
was willful and without just cause (Sec. 8)
A process directed to a person requiring him to attend
and to testify at the hearing or the trial of an action, or at 2. The refusal to obey a subpoena without adequate
any investigation conducted by competent authority or cause shall be deemed contempt of the court
for the taking of his deposition issuing it (Sec. 9)

Exception: Provisions regarding the compelling of

SUBPOENA DUCES TECUM attendance (Sec. 8) and contempt (Sec. 9) do not apply
where:
 1. Witness resides more than 100km from his
residence to the place where he is to testify by
the ordinary course of travel (Viatory Right) and
a. NOTE: This refers to civil cases only, not
criminal

2. Permission of the court in which the detention

prisoner’s case is pending was not obtained

QUASHING OF SUBPOENA (Rule 21, Sec. 4)

How Done: By motion promptly made

Period to File: A motion to quash may be made at or

before the time specified in the subpoena

Grounds:
1. For quashal of subpoena duces tecum:
a. It is unreasonable and oppressive
b. The articles sought to be produced do not
appear prima facie to be relevant to the
issues; or
c. The person asking for the subpoena does not
advance the cost for the production of the
articles desired
d. Failure to tender witness fees and
kilometrage allowed by the Rules

2. For quashal of subpoena ad testificandum

a. That the witness is not bound thereby, or
b. That the witness fees and kilometrage
allowed by the Rules were not tendered
when subpoena was served
 MODES OF DISCOVERY a. AFTER answer has been served

Depositions before an answer should be granted only

DISCOVERY – a device employed by a party to obtain under special circumstances where the conditions
information about relevant matters on the case from the point to the necessity of presenting a strong case for
adverse party in the preparation for trial allowance of the motion.
There must be some “necessity” or “good reason” for
Purpose – to enable the parties to obtain the fullest taking the testimony immediately or that it would be
possible knowledge of the issues and evidence long prejudicial to the party seeking the order to be
before the trial to prevent such trial from being carried on compelled to await joinder of issues.
in the dark
Specific Uses of Depositions Pending Action: the use of
Modes: depositions depends on whether deponent is a party or
1. Depositions pending actions – Rule 23 not (Rule 23, Sec. 4)
2. Depositions before action or pending appeal –
Rule 24 1. The depositions may be used for contradicting or
3. Interrogatories to parties – Rule 25 impeaching the testimony of deponent not as
4. Admission by adverse party – Rule 26 proof of specific facts
5. Production or inspection of documents or thing – a. If deponent does not testify and is not a
Rule 27 party, deposition cannot be used for this
6. Physical and mental examination of persons – purpose
Rule 28
2. Deposition of an ADVERSE party may be used for
any purpose
DEPOSITIONS PENDING ACTION (Rule 23) a. It may be used as an admission
b. A deposition cannot, however, be used in the
Meaning of Deposition - Deposition is chiefly a mode of trial of a case against a defendant who was
discovery, the primary function of which is to supplement not a party to the action when the deposition
the pleadings for the purpose of disclosing the real points was taken
of dispute between the parties and affording an adequate
factual basis during the preparation for trial. 3. Deposition of a witness or party may be used for
any purpose under the following circumstances:
General Uses of Deposition: a. Witness is dead – there must be proof of
1. Intended as a means to compel disclosure of facts death or presumption of death and that
resting in the knowledge of a party or other deposition was legally taken
person, which are relevant in a suit or proceeding
2. Dual functions: b. Non-residence of deponent – where it
a. A method of discovery appears that the absence of deponent was
b. A method of presenting testimony in lieu of procured by the party offering the deposition
oral open court testimony of the same cannot be received in evidence

Scope of Examination c. Disability of a witness – age, sickness,

1. Matter which is relevant to the subject of the infirmity, or imprisonment. The certificate of
pending action made by the pleadings or likely to the attending physician that the witness is in
arise under the pleadings a precarious condition is sufficient
2. Matter that is not privileged
3. As well as: d. Inability to procure attendance of witness by
a. The existence, description, nature, custody, subpoena
condition and location of any books,
documents, or other tangible things; and DEPONENT USE
b. The identity and location of persons having By any party for
knowledge of relevant facts (Rule 23, Sec. 2) contradicting or
Any person
impeaching the testimony
NOTE: Under such limitations as the court may of deponent as witness
order under Sec. 16 and 18 A party or anyone who at
the time of the deposition
When Depositions Pending Action Taken: (Rule 23, Sec. 1) was an officer, director, or
1. With leave of court: managing agent, of a
By an adverse party for
a. AFTER jurisdiction has been obtained over public or private
any purpose
any defendant or over the property which is corporation or
the subject of the action, but partnership, or
b. BEFORE an answer has been served association which is a
party
2. Without leave of court Witness, whether or not a By any party for any
 party purpose if the court finds
the 5 instances occurring 5. The officer before whom the deposition is being
taken has no authority to rule on objections
NOTE: Depositions can be used as evidence by a party interposed during the course of the deposition
(“for any purpose”) under the specific conditions in Sec. 4 although any objections shall be noted by him
upon the deposition. Any evidence that is
REMEMBER: Generally, a deposition is not generally objected to shall still be taken but subject to the
supposed to be a substitute for the actual testimony in objection. [Rule 23, Sec. 17]
open court of a party or witness. If the witness is available
to testify, he should be presented in court to testify. If When may objections to admissibility be made (Rule 23,
available to testify, a party’s or witness’ deposition is Sec. 6) - Objection may be made at the TRIAL or HEARING
inadmissible in evidence for being hearsay. (Dasmarinas to receiving in evidence any deposition or part thereof for
Garments Inc. v. Reyes, 1993). Exceptions to this rule are any reason which would require the exclusion of the
those found in Sec. 4. evidence if the witness were then present and testifying

Persons before whom depositions may be taken (Rule 23, Effect of Taking and Using Depositions:
Sec. 10 and 11)
1. Within the Philippines: 1. General Rule: A party shall not be deemed to
a. Judge make a person his own witness for any purpose
b. Notary Public, or by taking his deposition because depositions are
c. Any person authorized to administer oaths, taken for discovery and not for use as evidence.
as stipulated by the parties in writing (Rule 23, Sec. 7)

2. Outside the Philippines 2. Exception: If a party offers the deposition in

a. On notice before a secretary of embassy or evidence, then he is deemed to have made the
legation, consul general, consul, vice-consul, deponent his witness (Sec. 8)
or consular agent of the Philippines
b. Before such person or officer as may be 3. Exceptions to the Exception:
appointed by commission or under letter a. The deposition is that of an opposing party,
rogatory or OR
c. Any person authorized to administer oaths b. The deposition is used to impeach or
as stipulated by parties in writing contradict opponent. (Sec. 8)

Disqualification by interest: No deposition shall be taken When may taking of deposition be terminated or its scope
before a person who is: (Rule 23, Sec. 13) limited (Rule 23, Sec. 18)
1. A relative within the 6th degree of affinity or
consanguinity 1. How done:
2. An employee or counsel of any of the parties a. A motion or petition for termination or limit
3. A relative within the same degree or employee of examination is filed by any party or of the
such counsel deponent
4. Financially interested in the action b. Filed in the court where the action is pending
OR the RTC of the place where deposition is
Procedure in Taking Depositions: being taken
1. A party desiring to take the deposition of any
person upon oral examination shall give 2. When done: At any time during the taking of
reasonable notice in writing to every party to the deposition
action stating the time and place for taking the
deposition and the name and address of each 3. Grounds: That the examination is being
person to be examined. [Rule 23, Sec. 15] conducted:
a. In bad faith, or
2. After the notice is served, the court may make b. In such manner as unreasonably to annoy,
any order for the protection of the parties and embarrass or oppress the deponent or party
the deponent. [Rule 23, Sec. 16]
Effect of Errors and Irregularities in Depositions (Rule 23,
3. The attendance of the witnesses may be Sec. 29)
compelled by the use of subpoenas. [Rule 23, Sec.
1] Error and
Effect
Irregularities
4. The deponent may be examined or cross As to notice for Waived
examined following the procedures for witnesses taking Unless written objection is promptly
in a trial. He may be asked questions on direct, depositions served upon party giving notice
cross, re-direct or re-cross. He has the same Objection to Waived
rights as a witness and may be impeached like a taking Unless made:
court witness because Sections 3 to 18 of Rule deposition 1. Before taking of deposition
132 apply to deponent. [Rule 23, Sec. 3]
 because of begins or DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
disqualification 2. As soon thereafter as (Rule 24)
of officer before disqualification becomes
whom it is to be known or could be A deposition before action and a deposition pending
taken discovered with reasonable appeal are referred to as perpetuation of testimony
diligence (perpetuam rei memoriam) because their objective is to
Objection to the Not waived by failure to make them perpetuate the testimony of a witness for future use.
competency of a before or during the taking of
witness or deposition Purpose: To perpetuate the testimony of witnesses for
competency or probable use in the event of further proceedings in said
Unless the ground of the objection is court.
relevancy or
one which might have been obviated
materiality of
or removed if presented at that time Who may avail: Any person:
testimony
In the manner of taking, in the form 1. Who wants to perpetuate his own testimony; or
of questions or answers, in the oath 2. Who wants to perpetuate the testimony of
Occurring at or affirmation, or in conduct of another person
oral parties and errors of any kind which
examination might be obviated or removed if Procedure for Deposition Pending Action:
and other promptly prosecuted are waived
particulars Unless reasonable objection thereto 1. File a verified petition in the court of the place of
is made at the time of taking the the residence of any expected adverse party
deposition a. Petition shall be entitled in the name of
Waived petitioner
Objections to b. It shall show:
Unless served in writing upon the
the form of (1) That the petitioner expects to be a party
party propounding them within the
written to an action in a court of the Philippines
time allowed for serving succeeding
interrogatories but is presently unable to bring it or
cross or other interrogatories and
under Sec. 25 cause it to be brought;
within 3 days after service of last
and 26 (2) The subject matter of the expected action
interrogatories authorized
In the manner Waived and his interest therein;
in which (3) The facts which he desires to establish
Unless motion to suppress by the proposed testimony and his
testimony is
depositions or some part thereof is reasons for desiring to perpetuate it;
transcribed or
made with reasonable promptness (4) The names or a description of the
in the
after such defect is ascertained, or persons he expects will be adverse
preparation
with due diligence might have been parties and their addresses so far as
under Sec. 17,
ascertained known; and
19, 20, and 26
(5) The names and addresses of the persons
Orders that may be issued by the court regarding to be examined and the substance of the
deposition taking testimony which he expects to elicit from
1. That the deposition shall not be taken; each, and shall ask for an order
2. That it may be taken at some designated place authorizing the petitioner to take the
other than that stated in the notice; depositions of the persons to be
3. That it may be taken only on written examined named in the petition for the
interrogatories; purpose of perpetuating their testimony.
4. That certain matters shall not be inquired into’
5. That the scope of the examination shall be held 2. Notice and service to each person named in the
with no one present except the parties to the petition as an expected adverse party, together
action and their officers or counsel; with a copy of the petition, stating that the
6. That after being sealed, the deposition shall be petitioner will apply to the court, at a time and
opened only by order of the court; place named therein, for the order described in
7. That secret processes, developments, or research the petition.
need not be disclosed;
8. That the parties shall simultaneously file 3. At least twenty (20) days before the date of the
specified documents or information enclosed in hearing, the court shall cause notice thereof to be
sealed envelopes to be opened as directed by the served on the parties and prospective deponents
court; in the manner provided for service of summons.

4. Order and Examination: If the court is satisfied

that the perpetuation of the testimony may
prevent a failure or delay of justice, it shall make
an order designating or describing the persons
whose deposition may be taken and specifying
the subject matter of the examination and
 whether the depositions shall be taken upon oral WRITTEN INTERROGATORIES TO ADVERSE PARTIES
examination or written interrogatories. (Rule 25)

Use of Deposition: If a deposition to perpetuate testimony Purpose - This mode of discovery is availed of by the party
is taken under this Rule, or if, although not so taken, it to the action for the purpose of eliciting material and
would be admissible in evidence, it may be used in any relevant facts from any of the adverse party. [Rule 25, Sec.
action involving the same subject matter subsequently 1]
brought in accordance with the provisions of sections 4
and 5 of Rule 23. (Rule 24, Sec. 6) Service of Interrogatories to Parties – Any party desiring to
elicit material and relevant facts from any adverse party
Procedure for Deposition Pending Appeal: shall file and serve upon the adverse party written
interrogatories to be answered by the party served.
1. During the pendency of an appeal, the court in
which the judgment was rendered may allow the NOTE: Written interrogatories must not only be
taking of depositions of witnesses to perpetuate served but also filed.
their testimony in the event of further
proceedings in the said court. Manner of Service:
1. Without leave of court – After answer has
2. The party who desires to perpetuate the been served; and for the first set of
testimony may make a motion in the said court interrogatories
for leave to take the depositions, upon the same 2. With leave of court – before the answer has
notice and service thereof as if the action was been served; and for subsequent sets of
pending therein. The motion shall state: interrogatories
a. The names and addresses of the persons to
be examined and the substance of the NOTE: No party may, without leave of court,
testimony which he expects to elicit from serve more than one set of interrogatories to
each, and be answered by the same party. (Rule 25,
b. The reason for perpetuating their testimony. Sec. 4)

3. Order allowing the deposition: If the court finds Answer to Interrogatories: (Rule 25, Sec. 2)
that the perpetuation of the testimony is proper 1. Written interrogatories and the answers thereto
to avoid a failure or delay of justice, it may make must both be filed and served
an order allowing the deposition to be taken. a. Hence, the answers may constitute as judicial
admissions (Sec. 4, Rule 129)

2. Form of answer:
a. It must be answered fully in writing
b. And signed and sworn to by the person
making them

3. Service and Filing

a. Party upon whom interrogatories were
served shall file and serve a copy of the
answers on the party submitting
interrogatories
b. Time period:
(1) Within 15 days after service thereof
(2) UNLESS court extends or shortens the
time on motion and for good cause
shown

Objections to Interrogatories: (Rule 25, Sec. 3)

Objections may be presented to the court within 10 days

after service thereof with notice as in case of a motion.

Effect: Answers shall be deferred until objections are

resolved

Grounds:
1. They require the statements of conclusions of law
or answers to hypothetical questions or opinion,
or mere hearsay, or matters not within the
personal knowledge of the interrogated party
 2. Frivolous interrogatories need not be answered REQUEST FOR ADMISSION (Rule 26)
(Herrera)
Rule 26, as a mode of discovery, contemplates
Scope and Use of Interrogatories (Rule 25, Sec. 5) interrogatories seeking clarification in order to determine
the truth of the allegation in a pleading.
Interrogatories may relate to any matters than can be
inquired into under Sec. 2, Rule 23 Purposes:
1. To allow one party to request the adverse in
Answers may be used for the same purposes provided in writing to admit certain material and relevant
Sec. 4, Rule 23 matters which most likely will not be disputed
during the trial.
Effect of Failure to Serve Written Interrogatories (Rule 25, 2. To avoid unnecessary inconvenience to the
Sec. 6) parties in going through the rigors of proof,
before the trial, a party may request the other to:
A party not served with written interrogatories may not a. Admit the genuineness of any material and
be compelled by adverse party to: relevant document described in and
1. Give testimony in open court; or exhibited with the request; or
2. Give deposition pending appeal b. Admit the truth of any material and relevant
matter of fact set forth in the request [Rule
UNLESS thereafter allowed by the court for good cause 26, Sec. 1]
shown and to prevent a failure of justice
How made:
NOTE: This should not be confused with the 1. A party files and serves upon any other party a
provisions of Rule 29. Sec. 6 Rule 25 as well as a written request
similar provision in Rule 26 are directed to a 2. Copies of the documents shall be served with the
party who fails or refuses to resort to discovery request unless already furnished
procedures therein. Rule 29 provides for
sanctions or other consequences upon a party When made: At any time after issues have been joined.
who refuses or fails to comply with discovery
procedures duly availed of by his opponent The request for admission MUST BE SERVED ON THE
PARTY and NOT ON THE COUNSEL. This is an exception
Written Interrogatories v. Interrogatories to Parties to the general rule that notices shall be served upon
counsel and not upon the party. (Duque v. CA, 2002)

Written Interrogatories Interrogatories to Implied Admission by Adverse Party (Rule 26, Sec. 2)
Parties
The deposition is takes There is no Each of the matters which an admission is requested shall
before a deposition officer deposition officer. be deemed admitted UNLESS the party to whom request
Questions are prepared is directed files and serves upon the party requesting
beforehand. These are admission a SWORN STATEMENT
submitted to the deposition The questioning is 1. Contents of the sworn statement:
officer who will ask the direct. a. Denying specifically the matters of which an
deponent the questions and admission is requested, or
he will record the answers. b. Setting forth in detail the reasons why he
The deposition of any The deposition of cannot truthfully either admit or deny those
person may be taken, the parties are only matters
whether he is a party or not. taken.
2. Period to file and serve the sworn statement
a. Within a period designated in the request
b. Which shall not be less than 15 days after
service thereof, or
c. Within such further time as the court may
allow on motion

Objections to any request for admission – Objections shall

be submitted to the court by the party requested within
the period for and prior to filing of his sworn statement.
Compliance with the sworn statement shall be deferred
until objections are resolved.

Effect of Admission (Rule 26, Sec. 3)

1. Any admission made by a party pursuant to such

request is for the purpose of the pending action
only
 2. It shall not: PRODUCTION OR INSPECTION OF DOCUMENTS OR
a. Constitute an admission by him for any other THINGS (Rule 27)
purpose; nor
b. Be used against him in any other proceeding Rule 27 applies only to a PENDING ACTION and the
documentary things subject of the motion must be only
Effect of Failure to File and Serve Request for Admission WITHIN the possession, control, or custody of a party
(Rule 26, Sec. 5)
PRODUCTION OR
A party who fails to file and serve a request for admission INSPECTION OF SUBPOENA DUCES TECUM
on the adverse party of material and relevant fact at issue DOCUMENTS OR THINGS
which are, or ought to be, within the personal knowledge Essentially a mode of A means of compelling
of the latter: discovery production of evidence
1. He shall not be permitted to present evidence on It may be directed to a
such facts Rules is limited to the
person whether a party or
2. UNLESS otherwise allowed by the court for good parties of the action
not
cause and to prevent a failure of justice The order under this Rule
is issued only upon It may be issued upon an
NOTE: This is similar to the provision on motion with notice to the ex parte application
unjustified failure of a party to avail of written adverse party
interrogatories under Sec. 6, Rule 25. May be asked before May be asked only during
and/or during trial trial
Necessary to show good Not necessary to show
cause good cause
Grounds for quashal:
1. Unreasonable,
oppressive,
Ground for quashal: No
irrelevant
good cause shown
2. Failure to advance
reasonable costs
of production
Consequence of
Disobedience constitutes
disobedience, see Rule 29,
contempt of court
Sec. 3

Procedure:

1. A motion must be filed by the party seeking the

production or inspection of documents and
things and the motion must show good cause
supporting the same. [Rule 27, Sec. 1]

2. The court in which the action is pending shall

issue an order:
a. which shall specify the time, place and
manner of making the inspection and taking
copies and photographs, and
b. which may prescribe such terms and
conditions as are just. [Rule 27, Sec. 1]

Court Order:
1. The court may:
a. Order any party to produce and permit the
inspection and copying or photographing,
(1) By or on behalf of the moving party
(2) Of any designated documents, papers,
books, accounts, letters, photographs,
objects or tangible things, not privileged,
which constitute or contain evidence
material to any matter involved in the
action
(3) And which are in his possession, custody
or control
 b. Order any party to permit entry upon PHYSICAL AND MENTAL EXAMINATION OF PERSONS
designated land or other property in his (Rule 28)
possession or control
(1) For the purpose of inspecting, When available: In an action in which the mental or
measuring, surveying, or photographing, physical condition of a party is in controversy. (Rule 28,
property or any designated relevant Sec. 1)
object or operation thereon - NOTE: It is the mental and physical condition of a
PARTY not a WITNESS that is in controversy
2. Contents of the Order
a. Time, place, and manner of making the How Done:
inspection and taking copies and 1. Motion for examination is filed
photographs, and 2. Filed in the court in which the action is pending
b. Such terms and conditions as are just 3. Court may, in its discretion, order him to submit
to a physical or mental examination by a
physician

NOTE: Since the results of the examination are intended

to be made public, the same are not covered by physician-
patient privilege (Sec. 24(b), Rule 130)

Requisites to Obtain an Order for Examination

1. A motion must be filed for the physical and
mental examination
2. The motion must show good cause for the
examination
3. Notice to the party to be examined and to all
other parties;
4. The motion shall specify the time, place, manner,
conditions, and scope of the examination and the
person or persons by whom it is made (Rule 28,
Sec. 2)

Report of Findings (Rule 28, Sec. 3)

1. If requested by the party examined:

a. The party causing the examination to be
made shall deliver to him a copy of a detailed
written report of the examining physician
setting out his findings and conclusions

2. After such request and delivery:

a. The party causing the examination to be
made shall be entitled upon request to
receive from the party examined a like report
of any examination, previously or thereafter
made, of the same mental or physical
condition

3. If party examined refuses to deliver such report:

a. The court on motion and notice may make an
order requiring delivery on such terms as are
just
b. And if a physician fails or refuses to make
such a report the court may exclude his
testimony if offered at the trial

Waiver of privilege (Rule 28, Sec. 4)

Where the party examined requests and obtains a report

on the results of the examination, the consequences are:
1. He has to furnish the other party a copy of the
report of any previous or subsequent
examination of the same physical and mental
condition; AND
2. He waives any privilege he may have in that
action or any other involving the same
controversy regarding the testimony of any other
person who has so examined him or may
thereafter examine him
CONSEQUENCES OF REFUSAL TO COMPLY WITH The court on motion and notice may:
MODES OF DISCOVERY (Rule 29) 1. Strike out all or any part of any
Failure of
pleading of disobedient party
party to attend
REFUSAL TO 2. Dismiss the action or proceeding
or serve
COMPLY WITH or any part thereof
SANCTIONS answers to
MODES OF 3. Enter a judgment by default
written
DISCOVERY against disobedient party
interrogatories
1. The court may, upon proper 4. Order payment of reasonable
(Sec. 5)
application, compel a refusing expenses incurred by the other
deponent to answer (Sec. 1) including attorney’s fees
a. If granted, and refusal to
answer is without substantial NOTE: Expenses and attorney’s fees are not to be imposed
justification, court may upon the Republic of the Philippines. (Rule 29, Sec. 6)
require the refusing party to
pay proponent the reasonable
Refusal to expenses incurred in
answer any obtaining the order
question b. If denied, and filed without
(Sec. 1 and 2) substantial justification, court
may require proponent to pay
refusing party the reasonable
expenses incurred in
obtaining the order
2. A refusal to answer after being
directed by court to do so may be
constituted as contempt of court

Cite the disobedient deponent in

Refusal to be
contempt of court
Sworn (Sec. 2)
The court may make the following
orders:
1. Prohibit the disobedient party to
introduce evidence of physical or
mental condition
Refusal to
2. Refuse to allow the disobedient
answer
party to support or oppose claims
designated
or defenses
questions or
3. Strike out pleadings or parts
refusal to
thereof
produce
4. Stay further proceedings
documents or
5. Dismiss the action or proceeding
to submit to
or any part thereof
physical or
6. Render a judgment by default
mental
against disobedient party
examination
7. Direct the arrest of any party
(Sec. 3)
disobeying any of such orders
except an order to submit to a
physical or mental examination
8. Other orders as may be just

The court, upon proper application,

issue an order requiring the other
party to pay him reasonable expenses
incurred, including attorney’s fees
PROVIDED that party requesting
Refusal to
proves genuineness of such document
admit under
or truth
Rule 26
UNLESS court finds:
(Sec. 4)
1. There were good reasons for
denial
2. Admissions sought were of no
importance
 TRIAL
2. For illness of party or counsel (Rule 30, Sec. 4)
DEFINITION a. A motion for postponement stating the
ground relied upon must be filed; and
A trial is the judicial process of investigating and b. The motion must be supported by an
determining the legal controversies, starting with the affidavit or sworn certification showing:
production of evidence by the plaintiff and ending with (1) The presence of such party or counsel at
his closing arguments [Acosta v. People (1962)]. the trial is indispensable; and
(2) That the character of his illness is such as
A hearing is a broader term. It is not confined to the trial to render his non-attendance excusable
and presentation of the evidence because it actually
embraces several stages in the litigation. It includes the
pre-trial and the determination of granting or denying a AGREED STATEMENT OF FACTS (Rule 30, Sec. 6)
motion. [Trocio v. Labayo (1973)]
The parties may agree in writing upon the facts involved
in the litigation and submit the case for judgment in the
NOTICE OF TRIAL (Rule 30, Sec. 1) facts agreed upon without the introduction of evidence

Upon entry of a case in the trial calendar, the clerk shall If the parties agree only on some of the facts in issue, trial
notify parties the date of its trial, ensuring receipt of the shall be held as to the disputed facts in such order as the
notice at least 5 days before the trial date. court shall prescribe.

GENERAL RULE: When an issue exists, trial is necessary. Stipulation Of Facts in Stipulation Of Facts in
Decision should not be made without trial. Civil Cases Criminal Cases
May be signed by the
Must be signed by both
EXCEPTIONS: When there may be judgment without trial counsel alone who has an
counsel and accused
1. Judgment on the pleading (Rule 34) SPA
2. Summary Judgment (Rule 35) May be made verbally or Strict; it must always be in
3. Judgment on Compromise in writing writing
4. Judgment on Confession
5. Dismissal with Prejudice (Rule 17) An agreed statement of facts is conclusive on the parties,
6. Judgment under Rule on Summary Procedure, as well as on the court. Neither of the parties may
and withdraw from the agreement, nor may the court ignore
7. Stipulation of fact the same. [McGuire v. Manufactures Life]

ADJOURNMENTS AND POSTPONEMENTS (Rule 30, Sec. ORDER OF TRIAL; REVERSAL OF ORDER (Rule 30, Sec.
2) 5)

GENERAL RULE: A court may adjourn a trial from day to General Rule: Trial shall be limited to the issues stated in
day, and to any stated time, as the expeditious and the pre-trial order.
convenient transaction of business may require
Exceptions:
LIMITATION: The court has no power to adjourn a trial 1. Provisions on separate trials under Rule 31, Sec.
for: 2
1. A period longer than one month for each 2. When for special reasons the court directs
adjournment; or otherwise
2. More than 3 months in all

EXCEPTION: Unless authorized in writing by the General Order of Trial:

Court Administrator, SC 1. Plaintiff’s evidence in chief
2. Defendant’s evidence in chief and evidence in
Postponement is not a matter of right. It is addressed to support of his counterclaim, cross-claim and 3rd-
the sound discretion of the court. [Riano, citing Garces v party complaint
Valenzuela (1989)] 3. 3rd-party defendant shall adduce evidence of his
defense, counterclaim, cross-claim, and 4th party
complaint
REQUISITES OF MOTION TO POSTPONE TRIAL 4. 4th-party defendant shall adduce evidence, and so
forth
1. For absence of evidence (Rule 30, Sec. 3) 5. Parties against whom any counterclaim or cross-
a. Submission of affidavit showing that: claim has been pleaded shall adduce evidence in
(1) The evidence is relevant; and support of their defense, in the order to be
(2) Diligent efforts had been exerted to prescribed by court
procure the evidence
 6. Parties may then respectively adduce rebutting SEVERANCE
evidence only
a. Unless the court permits them to adduce When proper: This contemplates a single action having a
evidence upon original case number of claims, counterclaims, cross-claims, third-
7. Upon admission of evidence, case submitted for party complaints or issues which may be separately tried
decision
a. Unless court directs parties to argue or to When separate trial of claims is conducted by the court
submit respective memoranda or any further under this section, it may render separate judgments on
pleading each claim (see Sec. 5, Rule 36)

Reverse Order of Trial: This provision permitting separate trials presupposes

that the claims involved are within the jurisdiction of the
in this situation, the defendant presents evidence ahead of court
the plaintiff - When one of the claims is not within its
jurisdiction, the same should be dismissed, so
When Proper: If the defendant in his answer relies upon that it may be filed in the proper court
an affirmative defense

Where the answer of the defendant admitted the DELEGATION OF RECEPTION OF EVIDENCE (Rule 30,
obligation stated in the complaint, although Sec. 9)
special defenses were pleaded, the plaintiff has
every right to insist that it was for the defendant General Rule: The judge of the court where the case is
to come forward with evidence to support his pending shall personally receive the evidence to be
special defenses (Yu v. Mapayo) adduced by the parties.

Ratio: Plaintiff need not have to present evidence since Exception: The court may delegate the reception of
judicial admissions do not require proof (Sec. 2, Rule 129) evidence to its clerk of court who is a member of the bar
in:
1. Default hearings;
CONSOLIDATION OR SEVERANCE OF HEARING OR 2. Ex parte hearings;
TRIAL (Rule 31) 3. Cases where parties agree in writing.

CONSOLIDATION However, the clerk of court has no power to rule on

objections to any question/admission of exhibits.
When proper: When actions involving a common question
of fact or law are pending before the court Objections shall be resolved by the court upon submission
of the clerk’s report and TSN within 10 days from
Court action: The court may: termination of the hearing.
1. Order a joint hearing or trial of any or all matters
in issue in the actions The rule requires that, where the reception of evidence is
2. Order all actions consolidated delegated to the clerk of court, he must also be a member
3. Such orders concerning proceedings therein as of the bar. Neither agreement by parties nor their
may tend to avoid unnecessary costs or delay acquiescence can justify its violation. [Umali-Paco v.
Quilala]
Purpose: To avoid multiplicity of suits, guard against
oppression or abuse, prevent delay, clear congested
dockets, simplify the work of the trial court and save TRIAL BY COMMISSIONERS (Rule 32)
unnecessary costs and expenses
CONCEPTS
Where a case has been partially tried before one judge,
the consolidation of the same with another related case Commissioner - A person to whom a case pending in court
pending before another judge who had no opportunity to is referred, for him to take testimony, hear the parties and
observe the demeanor of the witness during trial makes report thereon to the court, and upon whose report, if
the consolidation not mandatory. [PCGG v. Sandiganbayan confirmed, judgment is rendered
(1992)]
General rule: Trial by commissioner depends largely upon
It has been held that the rules do not distinguish between the discretion of the court
cases filed before the same branch or judge and those that
are pending in different branches or before different Exception: In the following instances, appointment of
judges of the same court, in order that consolidation may a commissioner is necessary:
be proper, as long as the cases involve the resolution of 1. Expropriation (Rule 67)
questions of law or facts in common with each other 2. Partition (Rule 69)
(Active Woods Products Co. Inc. v. CA) 3. Settlement of Estate of a Deceased Person in case
of contested claims; and
 4. Submission of Accounting by executors or
administrators Proceedings before the Commissioner (Rule 32, Sec. 5)
1. Upon receipt of the order of reference, the
Kinds of trial by commissioners commissioner shall set a time and place for the
1. Reference by consent of both parties. first meeting of parties or their counsel
2. Reference ordered on motion when: 2. Notices shall be sent to parties or counsel
a. Trial of an issue of fact requires the 3. Hearing is to be held within 10 days after date of
examination of a long account on either side order of reference
b. Taking of an account is necessary for the 4. If a party fails to appear, the commissioner may:
court’s information before judgment, or for (Sec. 6)
carrying judgment/order into effect. a. Proceed ex parte; or
c. A question of fact, other than upon the b. Adjourn the proceedings to a future date
pleadings, arises in any stage of a case or for giving notice to the absent party
carrying a judgment/order into effect.

REPORT OF COMMISSIONER (Rule 32, Sec. 9)

REFERENCE BY CONSENT
1. When filed:
The court may order any or all of the issues in a case to be a. Filed upon completion of the trial or hearing
referred to a commissioner by written consent of BOTH or proceeding before the commissioner
parties. (Rule 32, Sec. 1) b. Filed with the court

Commissioners are to be: 2. Contents:

1. Agreed upon by the parties; or a. Report in writing upon the matters
2. Appointed by the court submitted to him by the order of reference
b. When his powers are not specified or limited,
he shall set forth his findings of fact and
REFERENCE ORDERED ON MOTION conclusions of law in his report
c. He shall attach all exhibits, affidavits,
When proper: depositions, papers, and transcripts, if any, of
1. When trial of an issue of fact requires testimonial evidence presented before him
examination of long account
2. When taking of an account is necessary
3. When question of fact, other than upon pleadings, NOTICE AND HEARING ON THE REPORT (Rule 32, Sec. 10
arises upon motion or otherwise, in any stage and 11)
(Rule 32, Sec. 2)
Upon filing of the report of the commissioner:
Order of Reference: (Rule 32, Sec. 3) 1. Parties shall be notified by the clerk
1. When a reference is made, the clerk shall furnish 2. Parties shall be allowed 10 days within which to
the commissioner with a copy of the order of object to the findings of the report
reference
2. Contents of the order: NOTE: Objections to the report based upon
a. It may specify or limit the powers of grounds which were available to the parties
commissioner during the proceedings before the commissioner
b. It may direct him to report only upon shall not be considered by the court UNLESS they
particular issues; or to do or perform were made before the commissioner
particular acts; or to receive and report
evidence only Hearing on the Report:
c. It may fix the date for beginning and closing 1. When made: Upon expiration of the 10 day
the hearings and for the filing of his report period in Sec. 10
2. The report shall be then set forth in hearing
Powers of Commissioner: 3. After the hearing, the court shall issue an order,
1. Exercise power to regulate the proceeding before either:
him a. Adopting, modifying, or rejecting the report
2. Do all acts and take all measures necessary or in whole or in part
proper for the efficient performance of his duties b. Or recommitting it with instructions
3. Swear witnesses c. Or requiring the parties to present further
4. Issue subpoena and subpoenas duces tecum evidence before the commissioner or the
5. Rule upon the admissibility of evidence court
a. UNLESS otherwise provided in the order of
reference

NOTE: Limitations on the powers of

commissioner are found in the Order of
Reference.
 DEMURRER TO EVIDENCE basis of the evidence
submitted by the plaintiff.
CONCEPTS: [Radiowealth Finance v. Del
Rosario (2000)]
Definition - A species of MTD that may be invoked based An interlocutory order and
on insufficiency of evidence (i.e. upon the facts and the not appealable. However, it
law the plaintiff has shown no right to relief). [Rule 33, Equivalent to judgment (i.e. may be the subject of a
Sec. 1] based on the merits of the petition for certiorari for
evidence presented so far) GAD under Rule 65
It is invoked after the plaintiff has presented all the [Katigbak v. Sandiganbayan
evidence available to him (2003)]

Judgment on Demurrer to Evidence – It is a judgment

rendered by the court dismissing a case upon motion of WAIVER OF RIGHT TO PRESENT EVIDENCE
defendant, made after plaintiff has rested his case, on the
ground that upon the facts presented and the law on the If the order granting the demurrer is reversed on appeal,
matter, plaintiff has not shown any right to relief. the defendant loses his right to present evidence. [Rule
33, Sec .1; Republic v. Tuvera (2007)]
Distinctions
Two scenarios:
DEMURRER TO EVIDENCE MOTION TO DISMISS
It is presented after the Presented before a MOTION GRANTED BUT
MOTION DENIED
plaintiff has rested his responsive pleading is REVERSED ON APPEAL
case made by the defendant Movant is deemed to have
The ground is based on It may be based on any of waived his right to present
the insufficiency of those enumerated in Rule evidence.
evidence 16 The decision of the
If the motion is denied, the If the motion to dismiss is Movant shall have the appellate court will be
defendant may present his denied, the defendant may right to present his based only on the evidence
evidence file his responsive pleading evidence of the plaintiff as the
If the motion to dismiss is defendant loses his right to
If the motion is granted, have the case remanded
granted, the complaint is
the complaint is dismissed for reception of his
dismissed and depending
The plaintiff’s remedy is to evidence
on the ground, the
appeal Denial is
complaint may be re-filed
INTERLOCUTORY
Sec. 1, Rule 36 (that Order of the court is an
EFFECT OF DENIAL; EFFECT OF GRANT judgment should state ADJUDICATION ON THE
clearly and distinctly the MERITS
facts and the law on which Hence, the requirement in
Denial of demurrer it is based) will NOT Sec. 1, Rule 36 should be
Grant of demurrer apply. complied with
The defendant shall have The denial is NOT
the right to present appealable
evidence

The case shall be dismissed The court should set the DEMURRER TO EVIDENCE IN CIVIL CASES VERSUS
date for the reception of the CRIMINAL CASES
defendant’s evidence-in-
chief [Northwest Airlines v. CIVIL CASES CRIMINAL CASES
CA (1998)] May be filed with or
Plaintiff's remedy would be without leave of court.
to appeal. Defendant need not ask Leave of court is necessary
for leave of court so that the accused could
However, if the order present his evidence if
granting the demurrer is demurrer is denied
reversed on appeal, the If the court finds the
If the court finds plaintiff’s
defendant loses his right to xxx prosecution’s evidence
evidence insufficient, it
present evidence. [Rule 33, insufficient, it will grant
will grant demurrer by
Sec 1; Republic v. Tuvera demurrer by rendering
dismissing the complaint
(2007)] judgment of acquittal.
The judgment of dismissal Judgment of acquittal is
The appellate court should is appealable. NOT appealable.
render judgment on the If plaintiff appeals and Double jeopardy sets in.
 judgment is reversed by
the appellate court, it will
decide the case on the
basis of plaintiff’s
evidence with the
consequence that the
defendant already loses
his right to present
evidence.
There is no res judicata in
dismissal due to
demurrer.
The plaintiff files a motion
The court may motu
to deny motion to
proprio deny the motion
demurrer to evidence
If court denies the
demurrer filed with leave,
accused may present his
evidence.
If court denies the If court denies the
demurrer, defendant will demurrer filed without
present his evidence leave, accused can no
longer present his
evidence and submits the
case for decision based on
the prosecution’s evidence
JUDGMENTS AND
amounts to a legal declaration of the respective
rights and duties of the parties, based upon the
disclosed facts

FINAL ORDERS 4. CLARIFICATORY JUDGMENT - It is rendered to

clarify an ambiguous judgment or one difficult to
comply with.
JUDGMENTS IN GENERAL
5. JUDGMENT NUNC PRO TUNC - Literally, “now for
Definition - The final ruling by a court of competent then”. It is a judgment intended to enter into the
jurisdiction regarding the rights and obligations of the record the acts which had already been done, but
parties or other matters submitted to it in an which do not appear in the records. [Lichauco v.
action/proceeding [Macahilig v. Heirs of Magalit (2000)] Tan Pho (1923)]

Requisites of a Valid Judgmen (Rule 36, Sec. 1; Art. VIII, 6. JUDGMENT SIN PERJUICIO - It may refer to a
Sec. 14, 1987 Constitution) dismissal of a case without prejudice to it being
1. Court/tribunal must be with authority to hear re-filed.
and determine the matter before it;
2. Court must have jurisdiction over the parties and 7. CONDITIONAL JUDGMENT - It is one the
the subject matter; effectivity of which depends upon the occurrence
3. Parties must have been given an opportunity to or non-occurrence of an event. Such a judgment
adduce evidence in their behalf; is generally void because of the absence of a
4. Evidence must have been considered by the disposition [Cu-Unjieng v. Mabalacat Sugar Co.
tribunal in deciding the case; [Acosta v. COMELEC (1940)]
(1998)]
5. Judgment must be in writing, personally and 8. SEVERAL JUDGMENT - It is one rendered by a
directly prepared by the judge. A verbal judgment court against one or more defendants and not
is, under the law, ineffective. [Corpus v. against all of them, leaving the action to proceed
Sandiganbayan (2004)] against the others. [Rule 36, Sec. 4] It is proper
6. Judgment must state clearly the facts and the law when the liability of each party is clearly separate
upon which the decision is based, signed by the and distinct from his co-parties such that the
judge and filed with the clerk of court. [Rule 35, claims against each of them could have been the
Sec. 1] subject of separate suits, and the judgment for or
against one of them will not necessarily affect the
Kinds of Judgment: other.

1. JUDGMENT ON COMPROMISE - It is one 9. SEPARATE JUDGMENT - It is one rendered

conferred on the basis of a compromise disposing of a claim among several others
agreement entered into between the parties. It is presented in a case, after a determination of the
immediately executory in the absence of a motion issues material to a particular claim and all
to set aside on the ground of FAME. counterclaims arising out of the transaction or
occurrence that is the subject matter of said
2. JUDGMENT UPON CONFESSION - It is one claim. [Rule 36, Sec. 5] It is proper when more
rendered by the court when a party expressly than one claim for relief is presented in an action
agrees to the other party’s claim or acknowledges for the determination as to the issues material to
the validity of the claim against him. the claim has been made.

a. JUDGMENT BY COGNOVIT ACTIONEM – After 10. MEMORANDUM DECISION - A decision of the

service, the defendant, instead of entering a appellate court which adopts the findings and
plea, acknowledged and confessed that the conclusions of the TC.
plaintiff’s cause of action was just and a. A judgment is considered rendered upon the
rightful. filing of the signed decision.
b. This includes an amended decision because
b. JUDGMENT BY CONFESSION RELICTA an amended decision is a distinct and
VERIFICATIONE – After pleading and before separate judgment and must follow the
trial, the defendant both: (a) confessed the established procedural rule.
plaintiff’s cause of action and (b) withdrew
his plea or other allegations, whereupon
judgment was entered against him without
proceeding to trial.

3. JUDGMENT UPON THE MERITS - It is one that is

rendered after consideration of the evidence
submitted by the parties during the trial of the
case. A judgment is “on the merits” when it
 JUDGMENT WITHOUT TRIAL CONTENTS OF A JUDGMENT
When trial is NOT necessary: Parts of a Judgment
1. The pleadings of the parties tender no issue at all 1. Body, Ratio decidendi, or Opinion of the court – It
– judgment on the pleadings may be directed by contains the findings of facts and conclusions of
the court [Rule 34] law;
2. There is actually no genuine issue from the 2. Fallo, or Disposition of the case – It is the
pleadings, affidavits, depositions and other dispositive part of the judgment that actually
papers – court may render a summary judgment settles and declares the rights and obligations of
[Rule 35] the parties, finally, definitively, and
3. Parties entered into a compromise or an authoritatively [Light Rail Transit Authority v.
amicable settlement either during the pre-trial or CA] (2004); The part of the judgment that is
during the trial [Rule 18; Art. 2028 Civil Code] subject to execution [Riano]
4. Complaint has been dismissed with prejudice 3. Signature of the judge
[Rule 16, Sec. 5; Rule 17, Sec. 3; Rule 7, Sec. 5 (last
par.)] Distinction between Judgment and Opinion of the Court
5. Case falls under the Rules on Summary 1. A judgment (or FALLO) must be distinguished
Procedure from an opinion.
6. Agreed statement of facts [Rule 30, Sec. 6] 2. The latter is the informal expression of the views
of the court and cannot prevail against its final
order or decision.
3. While the two may be combined in one
instrument, the opinion forms no part of the
judgment.
4. So there is a distinction between the findings and
conclusions of a court and its judgment.
5. While they may constitute its decision and
amount to a rendition of a judgment they are not
the judgment itself.
6. They amount to nothing more than an order for
judgment, which, of course, must be
distinguished from the judgment. [Freeman on
Judgments, Vol. I, 5th Edition, page 6, quoted in
Casilan v. Salcedo (1969)]

Conflict Between Dispositive Portion and Body of Decision

Rule: Where there is a conflict between the fallo and the

body of the decision, the fallo controls.

Qualification: This rule applies only when the dispositive

part is definite, clear, and unequivocal [Union Bank v.
Pacific Equipment Corporation (2008)]

Basis: The fallo is the final order. The opinion in the body
is merely a statement ordering nothing [Poland Industrial
Limited v. National Development Company (2005)]
 JUDGMENT ON THE PLEADINGS SUMMARY JUDGMENTS
Judgment on the Pleadings is a judgment rendered by the Summary Judgment is a judgment rendered by a court
court if the answer fails to tender an issue, or otherwise without trial if it is clear that there exists NO GENUINE
admits the material allegations of the adverse party’s ISSUE or controversy as to any material fact, EXCEPT as to
pleading. It is rendered without a trial, or even without a the amount of damages
pre-trial
Genuine Issue - an issue of fact which calls for the
It has been held that a motion for a judgment on the presentation of evidence as distinguished from an issue,
pleadings, were the answer admits all material which is a sham, fictitious, contrived, and patently
averments, is one that may be considered ex parte unsubstantial so as not to constitute a genuine issue for
because upon the particular facts thus presented and laid trial
down before the court, the plaintiff is entitled to a
judgment (Dino v. Valencia), or motu proprio under Rule PROCEDURE (Rule 35, Sec. 3)
18(2g) (Luzon Dev. Bank v. Conquilla)
1. Movant files a motion for summary judgment
Grounds for Judgment on the Pleadings (Rule 34, Sec. 1) with supporting affidavits, depositions or
1. The answer fails to tender an issue because of: admission
a. General denial of the material allegations of 2. Service to the adverse party at least 10 days the
the complaint; hearing
b. Insufficient denial of the material allegations 3. Adverse party may serve opposing affidavits,
of the complaint; OR depositions or admissions at least 3 days before
2. The answer admits material allegations of the the hearing
adverse party’s pleading 4. Hearing – Court shall determine if a genuine issue
as to any material fact exists and if the movant is
Judgment on the Pleadings is NOT proper in actions for: entitled to a summary judgment as a matter of
1. Declaration of Nullity of Marriage law
2. Annulment of marriage; and 5. Court renders summary judgment
3. Legal Separation
4. Unliquidated damages; claims for such damages NOTE: Damages must still be proven even if not
must be alleged and proved denied.
5. Admission refers only to allegations of fact and
not conclusions of law Bases for Summary Judgment:
6. Insufficiency of facts; proper remedy is 1. Affidavits made on personal knowledge;
amendment 2. Depositions of the adverse or a 3rd party; (Rule
23)
NOTE: If the complaint states no cause of action, a motion 3. Admissions of the adverse party; (Rule 26)
to dismiss should be filed and not a motion for judgment 4. Answers to interrogatories. (Rule 25)
on the pleadings.
WHO MAY FILE

Who may file the When

motion

Claimant May file the motion only after

the answer has been served
Defendant May file the motion any time

NOTE: Filing of a motion for summary judgment does not

interrupt the running of the period for filing an answer.
Hence, the movant must also file a Motion for Extension of
Time to File Answer.

TEST: Whether or not the pleadings, affidavits and

exhibits in support of the motion are sufficient to
overcome the opposing papers and to justify the finding
that, as a matter of law, there is no defense to the action
or claim is clearly meritorious (Estrada v. Consolocaion, et
al.)

WHEN THE CASE IS NOT FULLY ADJUDICATED

Partial Summary Judgment - Applies when for some 1. That there must be NO genuine issue as to any
reason there can be no full summary judgment. Trial material fact, except for the amount of damages;
should deal only with the facts not yet specified or and
established. 2. That the party presenting the motion for
summary judgment must be entitled to a
Nature – It is interlocutory in nature and is not a final and judgment as a matter of law
appealable judgment. (Guevarra v. CA)

Duty of the Court (Rule 35, Sec. 4) SUMMARY JUDGMENT v. JUDGMENT ON THE
1. Ascertain what material facts exist without PLEADINGS v. JUDGMENT BY DEFAULT
substantial controversy and what are actually
and in good faith controverted based on: SUMMARY JUDGMENT ON JUDGMENT BY
a. An examination of the pleadings and JUDGMENT THE PLEADINGS DEFAULT
evidence before it Based on the Based on the
b. Interrogation of the counsel pleadings, complaint and
Based solely on
depositions, evidence, if
2. Make an order specifying the facts and the extent the pleadings
admissions, and presentation is
of the amount of damages that appear without affidavits required
substantial controversy Generally
available only to
3. Direct further proceedings as are just Available to the plaintiff,
Available to
both plaintiff unless the
4. Conduct trial on the controverted facts plaintiff
and defendant defendant
accordingly presents a
counterclaim
Effect - A partial summary judgment is not a final There is no
judgment, but merely a pre-trial adjudication that said genuine issue The answer fails
issues in the case shall be deemed established for the trial between the to tender an issue No issue as no
of the case. [Guevarra v. CA (1983)] parties or there is an answer is filed
i.e. There may admission of by the defending
be issues but material party
AFFIDAVITS AND ATTACHMENTS these are allegations
irrelevant
These are submitted to support the motion for summary 10-day notice 3-day notice 3-day notice rule
judgment. required required applies
May be
Form of affidavits and supporting papers (Rule 35, Sec. 5) interlocutory or On the merits On the merits
1. Made on personal knowledge on the merits
2. Shall set forth such facts as would be admissible Available only
in evidence in actions to Available in any
3. Shall show affirmatively that the affiant is Available in any
recover a debt, action except
competent to testify to the matters stated therein. action except
or for a annulment of
4. Sworn or certified true copies of all papers or annulment of
liquidated sum marriage, or
parts thereof referred to in the affidavit shall be marriage, or legal
of money or for legal separation
attached thereto OR served therewith. separation cases
declaratory cases
relief
Affidavits in bad faith If filed by
1. Affidavits presented under this Rule which plaintiff, it must
appear to the court at any time as presented in be filed at any
bad faith or solely for the purpose of delay time after an
2. Effects: answer is
a. Court shall order the offending party or served. There is already There is no
counsel to pay the other party – amount of If filed by an answer filed answer filed
reasonable expenses which the filing of the defendant, may
affidavits caused him to incur, including be filed at any
attorney’s fees time even
b. Court may adjudge the offending party or before there is
counsel guilty of contempt, after hearing answer

SUMMARY JUDGMENT

Validity: Sec. 3, Rule 35 requires:

 RENDITION OF JUDGMENTS AND FINAL ENTRY OF JUDGMENT AND FINAL ORDER
ORDERS
DEFINITION
FORM OF JUDGMENT (Rule 36, Sec. 1)
1. In writing The entry of judgment refers to the physical act
2. Personally and directly prepared by the judge performed by the clerk of court in entering the dispositive
3. Stating clearly & distinctly the facts and the law portion of the judgment in the book of entries of judgment
on which it is based after the same has become final and executory. [Riano]
4. Signed by the judged
5. Filed with the clerk of court. It is the filing of the signed decision with the clerk of
court, and not its pronouncement in open court that
constitutes rendition of judgment (Ago v. CA)
DEFINITION OF RENDITION OF JUDGMENT
Promulgation refers to the process by which a decision is
It is the filing of the judgment with the clerk of court. It is published, officially announced, made known to the public
not the pronouncement of the judgment in open court or delivered to the clerk of court for filing, coupled with
that constitutes the rendition. Even if the judgment has notice to the parties or their counsel
already been put in writing and signed, it is still subject to
amendment if it has not yet been filed with the clerk of
court and before its filing does not yet constitute the real Rendition of judgment Entry of judgment
judgment of the court. [Ago v. CA (1962)]
Act of clerk of court in
entering the dispositive
Filing of the judgment with
PERIOD OF RENDITION (Art VIII, Sec. 5, 1987 portion of the judgment in
the clerk of court
Constitution) the book of entries of
1. All cases filed must be decided or resolved by the judgment
Supreme Court within 24 months from the date
of their submission for decision.
2. Unless reduced by the SC, within 12 months for ENTRY OF JUDGMENTS AND FINAL ORDERS (Rule 36,
lower collegiate courts and within 3 months for Sec. 2)
all other lower courts.
When entered: If no appeal or motion for new trial or
A case is deemed submitted for resolution upon the filing reconsideration is filed within the time provided in the
of the last pleading, brief or memorandum required by Rules, judgment or final order shall forthwith be entered
the Rules of Court or by the court. by the clerk in the book of entries of judgments

An extension of the period may be set by the SC upon Date of Finality: Date of finality is the date of entry.
request by the judge concerned on account of heavy
caseload or by other reasonable excuse [Arap v Mustafa Contents of the Records in the Book of Entries:
(2002)] 1. Dispositive part of the judgment or final order
2. Signed by the clerk with a certification that such
judgment or final order has become final and
executory.

AMENDMENTS TO JUDGMENT

General Rule: Once a judgment becomes final and

executory, such judgment can no longer be disturbed,
altered, or modified

Exceptions:
1. Clerical errors
2. Nunc Pro Tunc entries
3. Void judgments - Final judgment can be annulled
on the ground of fraud or lack of jurisdiction or
contrary to law (Panlilio v. Garcia)
4. Whenever circumstances transpire after finality
of the decision making its execution unjust and
inequitable:
a. Cases where, because of supervening events,
it becomes imperative, in the higher interest
of justice, to direct its modification in order
to harmonize the disposition with the
 prevailing circumstances (Seavan Carrier Inc.
v. GTI Sportswear Corp.)
b. Whenever it is necessary to accomplish the
aims of justice (Pascual v. Tan)

Amended/clarified
Supplemental decision
judgment
An entirely new decision Does not take the place of
and supersedes the original or extinguish the original
judgment judgment
Court makes a thorough
study of the original
judgment and renders the
Serves to add to the
amended and clarified
original judgment
judgment only after
considering all the factual
and legal issues
POST-JUDGMENT
The motions are filed with the court which rendered the
questioned judgment or final order.

REMEDIES The period for appeal is within 15 days after notice to the
appellant of the judgment or final order appealed from.
The 15-day period is deemed to commence upon receipt
by the counsel of record, which is considered notice to the
MOTION FOR RECONSIDERATION AND parties. Service upon the parties themselves is prohibited
MOTION FOR NEW TRIAL and is not considered as official receipt of judgment.

REMEDIES BEFORE FINALITY OF JUDGMENT Effect of Filing – The filing of a timely motion interrupts
1. Motion for reconsideration the period to appeal.
2. Motion for new trial
3. Appeal FORM AND CONTENTS (Rule 37, Sec. 2)

DEFINITION Form:
1. The motion must comply with the provisions of
A motion for reconsideration under Rule 37 is directed Rule 15 otherwise it will not be accepted for
against a judgment or final order. It is not the motion for filing and/or will not suspend the running of the
reconsideration of interlocutory order, which often reglementary period.
precedes a petition for certiorari under Rule 65. It does 2. It shall be made in writing, stating the ground or
not apply to cases that fall under Summary Procedure. grounds therefor
3. Written notice shall be served by movant on the
GROUNDS: (Rule 37, Sec. 1) adverse party

Grounds for Motion for New Trial: NOTE: Non-compliance with this requirement
1. FAME – Fraud, accident, mistake, excusable would reduce the motion to a mere pro forma
negligence motion, which shall not toll the period for appeal.
a. Conditions:
(1) Which ordinary prudence could not have Contents of a motion for new trial
guarded against; and 1. If based on FAME, it shall be supported by an
(2) By reason of which such aggrieved party affidavit of merits
has probably been impaired in his rights
NOTE: An affidavit of merits is one which recites
NOTE: Fraud must be extrinsic fraud which the nature and character of FAME on which the
means any fraudulent scheme executed by the motion is based and stating the movant’s good
prevailing party outside of the trial against the and substantial cause of action or defense and the
losing party who because of such fraud is evidence he intends to present if granted
prevented from presenting his side of the case.
2. If based on newly found evidence, it shall be
2. Newly discovered evidence supported by:
a. Requisites: a. Affidavits of witnesses by whom such
(1) It must have been discovered after the evidence is expected or given; or
trial b. Duly authenticated documents which are
(2) It could not have been discovered and proposed to be introduced in evidence
produced at the trial even with the
exercise of reasonable diligence; and Contents of a motion for reconsideration
(3) The evidence is of such weight that if 1. Shall point out specifically the findings or
admitted, would probably alter the result conclusions of the judgment or final order which
of the action; and are not supported by evidence or which are
(4) It must be material and not merely contrary to law
collateral, cumulative, or corroborative 2. Make express reference to testimonial or
documentary evidence or provisions of law
Grounds for Motion for Reconsideration: alleged to be contrary to such findings or
1. Damages awarded are excessive conclusions
2. Evidence is insufficient to justify the decision or
final order RESOLUTION OF MOTION AND COURT ACTION
3. The decision or final order is contrary to law
Court action – The court may: (Rule 37, Sec. 3)
WHEN TO FILE: 1. Set aside the judgment or final order and grant a
new trial; or upon such terms as may be just
An aggrieved party may file a motion for new trial or 2. Deny the motion
reconsideration within the period for taking an appeal. 3. Amend such judgment or final order accordingly
if:
 a. The court finds that excessive damages have Filing of a proper motion for new trial interrupts the
been awarded or that; or running of the period of appeal which begins to run again
b. That the judgment or final order is contrary from receipt of the notice of the movant of the order
to the evidence or law denying his motion (fresh 15 day period) (Phil.
Commercial and Industrial Bank v. Ortiz)
Resolution (Rule 37, Sec. 4) – he motion shall be resolved
within 30 days from submission Remedies if Motion is DENIED:
1. To appeal from the judgment or final order itself
The 30-day period to resolve the motion is held to be 2. The order denying the motion may itself be
mandatory [Gonzales v. Bantolo (2006)] assailed by a petition for certiorari under Rule 65
3. Rule 37, Sec. 9 says that an order denying a
GRANT OF THE MOTION; EFFECT motion for new trial or reconsideration is NOT
appealable
Grant of motion for reconsideration - The court may a. NOTE HOWEVER: AM 07-7-12 amended Sec.
amend the judgment or final order accordingly. The 1 of Rule 41 by deleting “An order denying a
amended judgment is in the nature of a new judgment, motion for new trial or reconsideration”
which supersedes the original judgment. from the non-appealable orders.

Grant of motion for new trial - The original judgment shall

be vacated, and the action shall stand for trial de novo. MOTION FOR MOTION FOR
The recorded evidence upon the former trial shall be used NEW TRIAL RECONSIDERATION
at the new trial without retaking them (if they are Grounds: Grounds:
material and competent). 1. Fraud, accident, 1. Damages awarded
mistake, or are excessive
Partial grant – Rule 37, Sec. 7 allows the court to order a excusable 2. That evidence is
new trial or grant reconsideration as to such issues if negligence insufficient to
severable without interfering with the judgment or final 2. Newly discovered justify the
order upon the rest. evidence decision or final
 Note the order
qualifications 3. That decision or
REMEDY WHEN MOTION IS DENIED; FRESH 15-DAY of each final order is
RULE contrary to law
Second motion from the
Effect of Denial of Motion – The judgment or final order Second motion may be same party is prohibited.
shall stand as is allowed so long as based The prohibition applies
on grounds not existing or only to final orders or
Single-Motion Rule (Rule 37, Sec. 5) – A party shall not be available at the time the judgments, hence it is
allowed to file a 2nd motion for reconsideration. first motion was made allowed in interlocutory
- Follow the Omnibus Motion Rule orders
If the court finds that
NOTE: While a 2nd motion for reconsideration is not If a new trial is granted, excessive damages have
allowed, a second motion for new trial is authorized original judgment or final been awarded or that the
- However, it must be based on a ground not order is vacated. judgment or final order is
existing nor available when the 1st motion was The case stands for trial contrary to the evidence or
made within the period allowed but excluding the de novo and will be tried law, it may amend such
time during which the first motion had been anew judgment or final order
pending. accordingly
Available even on appeal Available against the
Fresh 15-Day Rule: The aggrieved party has a “fresh but only on the ground of judgments or final orders
period” of 15 DAYS within which to file his appeal. newly discovered or both the trial and
evidence appellate courts
If the motion is denied, the movant has a “fresh period” of Both are prohibited motions under Summary Procedure
15 days from receipt or notice of the order denying the
motion for new trial or motion for reconsideration within
which to file an appeal. (Neypes v. CA, 2005)

NOTES:
1. This fresh period becomes significant only when
a party opts to file a motion for new trial or
reconsideration
2. This rule does not refer to the period within
which to appeal from the order denying the
motion for reconsideration but to the period
within which to appeal from the judgment itself.
 APPEALS IN GENERAL done but to enforce to be decided upon.
execution
NATURE OF APPEAL Not appealable except
Appealable through a petition for
1. Not a natural right nor a part of due process certiorari under Rule 65
2. It is merely a statutory right, and may be Must clearly and
exercised only in the manner and in accordance distinctly state the law No need to comply with
with provisions of the law. It must comply with and the facts on which such a requirement
the requirements; failing to do so, the right to it is based
appeal is lost
3. Once granted, appeals become part of due An interlocutory order is one that does not finally dispose
process and should be liberally applied in favor of the case, and does not end the court's task of
of the right to appeal adjudicating the parties’ contentions and determining
their rights and liabilities as regards each other, but
obviously indicates that other things remain to be done.
JUDGMENTS AND FINAL ORDERS SUBJECT TO [BPI v. Lee (2012)]
APPEAL; MATTERS NOT APPEALABLE

Rule 41, Sec. 1, as amended by AM 07-7-12-SC (2007) REMEDY AGAINST JUDGMENTS AND ORDERS WHICH
provides: ARE NOT APPEALABLE
1. Appeal may be taken from a judgment or final
order that completely disposes of the case, or of a The aggrieved party may file a special civil action under
particular matter therein when declared by the Rule 65. (Rule 41, Sec. 1)
Rules to be appealable

2. No appeal may be taken from: MODES OF APPEAL

a. An order denying a petition for relief or any 1. Ordinary appeal – Rule 40 and 41
similar motion seeking relief from judgment; a. Notice of appeal
b. An interlocutory order; b. Record on appeal
c. An order disallowing or dismissing an 2. Petition for review – Rule 42
appeal; 3. Petition for review on certiorari – Rule 45
d. An order denying a motion to set aside a
judgment by consent, confession or PETITION FOR
ORDINARY PETITION FOR
compromise on the ground of fraud, mistake REVIEW ON
APPEAL REVIEW
or duress, or any other ground vitiating CERTIORARI
consent; Appeal by writ
Rule 42 Rule 45
e. An order of execution; of error
f. A judgment or final order for or against one Case decided by
or more of several parties or in separate Case is decided Case decided by
RTC in the
claims, counterclaims, cross-claims and by RTC in its the RTC, CA,
exercise of its
third-party complaints, while the main case original CTA, and
appellate
is pending, unless the court allows an appeal jurisdiction Sandiganbayan
jurisdiction
therefrom; and Petition for
g. An order dismissing an action without Appealed to the Appealed to the
review with the
prejudice. CA SC
CA
File verified
NOTE: AM 07-7-12-SC removed from the File a verified petition for
original list “an order denying a motion for petition for review on
new trial or reconsideration.” File notice of review with CA. certiorari with
appeal or Pay docket and the SC.
NOTE, HOWEVER: Rule 37, Sec. 9 which record of appeal lawful fees and Pay docket and
states that no appeal can be made from an with court of P500 as deposit lawful fees and
order denying MR or MNT. origin and give for costs with the P500 for costs.
a copy to CA. Submit proof of
Only final judgments or orders can be appealed as adverse party Furnish RTC and service of a copy
distinguished from interlocutory judgments or orders adverse party a to the lower
which are not appealable. copy of such court and
adverse party
Within 15 days Within 15 days
Final Order Within 15 days
Interlocutory Order from notice of from notice of
from notice of
judgment for decision to be
Disposes of the matter Does not dispose of a judgment or
notice of appeal reviewed or from
in its entirety, leaving case completely but order of denial
and 30 days for denial of a MFR
nothing more to be leaves something more of MFR or MFNT
records on or MFNT
 appeal final order or extension. No from denial
resolution or from date further MR or MNT
of last publication if extension shall
required by law OR be granted
ISSUES TO BE RAISED ON APPEAL from denial of MR or except for the
MNT most
Limited to cognizable judgments/issues. compelling
reasons and in
The appellate court has no jurisdiction to review a no case longer
judgment which is immediately final and executory by than 15 days.
express provision of law. [Republic v. Bermudez-Lorino RTC to SC
(2005)] RTC to CA to SC
CA to SC
Rationale: Appeal is merely a privilege conferred by law 15 days from notice of The SC may
Fresh period
upon the litigants. judgment or final order grant a 30 day
to appeal
OR from denial of extension for
from denial
A party cannot change the theory on appeal. Only issues petitioner’s MR or justifiable
MR or MNT
pleaded in the lower court and properly raised may be MNT. reasons.
resolved by the appellate court. [Medina v. CA (1992)]
The fresh period rule shall apply to:
However, issues which are inferred from or necessarily 1. Rule 40 governing appeals from the Municipal
connected with the issue properly raised and pleaded Trial Courts to the Regional Trial Courts;
may be resolved by the appellate court. [Espina v. CA 2. Rule 42 on petitions for review from the Regional
(1992)] Trial Courts to the Court of Appeals;
3. Rule 43 on appeals from quasi-judicial agencies
to the Court of Appeals; and
PERIOD OF APPEAL 4. Rule 45 governing appeals by certiorari to the
Supreme Court. The new rule aims to regiment or
EFFECT OF make the appeal period uniform, to be counted
PERIOD TO APPEAL EXTENSIONS
MR or MNT from receipt of the order denying the motion for
MTC to RTC new trial, motion for reconsideration (whether
By notice of appeal; full or partial) or any final order or resolution.
Interrupts
within 15 days from No extensions [Neypes v. CA, (2005)]
period to
notice of judgment or allowed
appeal
final order Being procedural in nature, Neypes is deemed to be
By record of appeal; applicable to actions pending and undetermined at
within 30 days from the time of its effectivity and is thus retroactive in
notice of judgment or that sense and to that extent. [First Aqua Sugar v. BPI
final order (2007)]
RTC to CA
By notice of appeal;
Interrupts PERFECTION OF APPEAL
Within 15 days from No extensions
period to
notice of judgment or allowed
appeal Perfection of an appeal in the manner and within the
final order
By record of appeal; period laid down by law is mandatory and jurisdictional.
within 30 days from [Balgami v. CA (2004)]
notice of judgment or
final order Effect of Failure to Perfect Appeal
MTC to RTC to CA 1. Defeats a party’s right to appeal.
The CA may 2. Precludes appellate court from acquiring
grant a 15 day jurisdiction.
extension.
No further
15 days from notice of extension shall Fresh period
the judgment or final be granted to appeal
order OR from denial except for the from denial
of MR or MNT most MR or MNT
compelling
reasons and in
no case longer
than 15 days.
QJA to CA
15 days from notice of The CA may Fresh period
the award, judgment, grant a 15 day to appeal
 APPEAL FROM MUNICIPAL TRIAL COURTS b. In such other cases where multiple appeals
TO THE REGIONAL TRIAL COURTS (RULE 40) are allowed
2. Form and contents of the record on appeal: (Rule
OUTLINE OF PROCEDURE (Rule 40, Sec. 7) 41, Sec. 6)
a. Within 15 days from perfection of appeal,
clerk of court or the branch clerk of the lower
Appeal decision of MTC by filing notice of appeal and pay
within 15 days from receipt of judgment
court shall transmit to the RTC:
(1) Original record or record on appeal
(2) Together with transcripts and exhibits
15 days from perfection of appeal, b. Clerk shall make a certification that the
MTC clerk transmits record to RTC documents are complete
c. Clerk shall also furnish the parties a copy of
his letter of transmittal of the records to the
Notice to parties that an appeal is being taken appellate court
from the decision of the MTC 3. Copy is served on the adverse party
4. Payment in full of docket fees and other lawful
fees
Within 15 days from notice of appeal:
1. Appellant submits memorandum to the RTC
2. Appellee files his own memorandum 15 days from PERFECTION OF APPEAL
receipt of appellant’s memorandum
Since appeals from inferior courts may now be either by
notice of appeal or record on appeal, the rules on the
Court acts on the appeal perfection and the effect thereof are the same. See Sec. 9,
Rule 41

If uncontested, Any party may appeal APPEAL FROM ORDERS DISMISSING THE CASE
judgment is entered in by filing a petition for WITHOUT TRIAL; LACK OF JURISDICTION (Rule 40,
the book of entries review with the CA
Sec. 8)

Two Scenarios:
WHERE APPEAL IS TAKEN
1. If the MTC dismissed the case without trial on the
It is taken to the RTC exercising jurisdiction over the area merits, the RTC may:
to which the MTC pertains. (Rule 40, Sec. 1) a. AFFIRM, if the ground of dismissal is lack of
jurisdiction over the subject matter
WHEN TO APPEAL (Rule 40, Sec. 2) (1) If the RTC has jurisdiction, it shall try the
1. If by notice of appeal, within 15 days after notice case on the merits as if the case was
to appellant of judgment or final order appealed originally filed therein
from
2. If record of appeal is required, within 30 days b. REVERSE, in which case, it shall remand the
from notice of judgment or final order case for further proceedings
3. Period of appeal shall be interrupted by a timely
motion for new trial or reconsideration 2. If the case was tried on the merits by the MTC
without jurisdiction over the subject matter:
NOTE: The fresh 15 day period rule applies. a. The RTC shall NOT dismiss the case if it has
original jurisdiction
HOW TO APPEAL (Rule 40, Sec. 3) b. If it has original jurisdiction, the RTC shall
decide the case and admit amended
By Notice of Appeal pleadings or additional evidence
1. File a notice of appeal with the trial court that
rendered the judgment or final order appealed APPLICABILITY OF RULE 41 - The other provisions of
from Rule 41 shall apply to appeals provided for herein insofar
2. The notice of appeal must indicate the parties, as they are not inconsistent with or may serve to
the judgment or final order or part thereof supplement the provisions of this Rule.
appealed from; the material date showing
timeliness of appeal
3. A copy served on the adverse party; and
4. Payment in full of docket fees and other lawful
fees

By Record on Appeal
1. Record on appeal is required for the following
cases:
a. Special proceedings
 APPEAL FROM THE REGIONAL TRIAL interlocutory orders as are related to the
COURTS (RULE 41) appealed judgment or final order
4. For the proper understanding of the issue
MODES OF APPEAL: There are three modes of appeal involved
from judgments or final orders of the RTC: 5. Together with such data as will show that the
appeal was perfected on time
1. ORDINARY APPEAL or appeal by writ of error,
where judgment was rendered in a civil or Approval of the Record on Appeal (Rule 41, Sec.
criminal action by the RTC in the exercise of its 7) – Upon filing of the record for approval and if
original jurisdiction no objection is filed by the appellee within 5 days
a. This mode of appeal, governed by Rule 41, is from receipt of a copy thereof, the trial court
taken to the CA on questions of fact or mixed may:
questions of fact and law 1. Approve it as presented; or
2. Direct its amendment by the inclusion of any
2. PETITION FOR REVIEW, where judgment was omitted matters which are deemed essential
rendered by the RTC in the exercise of its
appellate jurisdiction Joint Record on Appeal (Rule 41, Sec. 8) – Where
a. This mode of appeal, covered by Rule 42, is both parties are appellants, they may file a joint
brought to the CA on question of fact, of law, record on appeal.
or mixed questions of fact and law

3. PETITION FOR REVIEW ON CERTIORARI, or PERIOD TO APPEAL (Rule 41, Sec. 2)

appeal by certiorari to the SC 1. 15 days from notice of judgment or final order
a. This mode of appeal, provided for by Rule 45, appealed from
is brought to the SC from the decision of the 2. 30 days from notice of judgment or final order
RTC in the exercise of its original jurisdiction where a record on appeal is required
and only on questions of law 3. 48 hours from notice of judgment or final order
appealed from in habeas corpus cases
HOW ORDINARY APPEAL VIA RULE 41 IS MADE:
Reckoning point of reglementary period: Period for filing
Appeal via Rule 41 presupposes that: the appeal should be counted from the date when the
1. The RTC rendered the judgment or final order in party’s counsel received a copy of the judgment or final
the civil action or special proceeding in the order
exercise of its ORIGINAL jurisdiction; and
2. That the appeal is taken to the CA on: When a party is represented by a counsel, service
a. Questions of fact or of process must be made on counsel, not on party
b. Mixed questions of fact and law (Fajardo v. CA)

Notice of Appeal – Filed with the court which rendered the Effect of Motions for New Trial and Reconsideration –
judgment or final order appealed from. A copy is served Originally, the period to appeal is interrupted by a timely
on the adverse party. (Rule 41, Sec. 5) motion for new trial and reconsideration. However, with
the Neypes doctrine, a party has a fresh 15-day period
Contents of the Notice of Appeal: from a denial of the motion to perfect an appeal.
1. Parties to the appeal
2. Judgment or final order or part thereof Extension of Period to Appeal
appealed from
3. The court to which the appeal is being taken; Period to appeal may be extended but such extension is
and addressed to the sound discretion of the court (Socco v.
4. The material dates showing the timeliness of Garcia)
the appeal
The mere filing and pendency of motion for extension to
Record on Appeal – Done in special proceedings and other perfect appeal does not suspend the running of the
cases where multiple or separate appeals are allowed. reglementary period (Bello et al., v. Fernandez)
This is filed and served in the same manner as notice of
appeal.
PLEADINGS FILED (See Rule 44, Procedure in the CA)
Contents of the Record (Rule 41, Sec. 6)
1. Full names of all the parties to the Appellant’s Brief
proceedings shall be stated in the caption of 1. Filed within 45 days from receipt of notice of
the record on appeal clerk that all evidence is attached to record
2. It shall include the judgment or final order 2. Follow the Efficient Use of Paper Rule, one
from which the appeal is taken, original properly marked and 2 copies with
3. In chronological order, copies of only such annexes
pleadings, petitions, motions, and all 3. Attach proof of service to adverse party
 Grounds for dismissal with respect to appellant’s
brief: Effect of Perfected Appeal
1. Failure to file brief on time 1. In appeals by notice of appeal:
2. Failure to make specific assignment of errors a. Court loses jurisdiction over the case upon
in his brief perfection of appeal filed in due time and
expiration of the time to appeal of the other
Contents: parties
1. Subject index b. NOTE: This rule applies individually and to
2. Assignment of Errors each of the parties since the timeliness of
3. Statement of the Case their recourse for appellate remedy depends
4. Statement of Facts on when they respectively received a copy of
5. Statement of Issues the judgment or final order
6. Arguments
7. Relief 2. In appeals by record on appeal:
8. Copy of judgment or final order appealed a. Court loses jurisdiction only over the subject
from matter thereof upon approval of the records
on appeal filed in due time and the expiration
Appellee’s Brief: of the time to appeal of the other parties
1. Filed within 45 days from receipt of appellant’s b. NOTE: The effect is limited to the subject
brief matter only. Jurisdiction over the case is still
2. Manner of filing is similar to that in appellant’s with the trial court
brief
Residual Powers/Jurisdiction of the RTC – After losing
Contents: jurisdiction but prior to the transmittal of the original
1. Subject index record on appeal, the RTC may:
2. Statement of Facts and Counter-Statement of 1. Order execution pending appeal under Rule 39,
Facts Sec. 2 (motion for execution was filed before
3. Arguments expiration of the period to appeal)
2. To issue orders for preservation of the rights of
Appellant’s Reply Brief the parties which do not involve matters litigated
1. Filed within 20 days from receipt of appellee’s by appeal
brief 3. To approve compromise prior to the transmittal
2. This is not mandatory as it is optional on the part of the record
of the appellant 4. Permit appeal by an indigent
5. Allow withdrawal of the appeal
Extension of Time for Filing Briefs:
1. General rule: Not allowed The concept of residual jurisdiction of the trial court is
2. Exception: For good reasons and only if motion available at a stage in which the court is normally deemed
for extension is filed before expiration of time to have lost jurisdiction over the case or the subject
sought to be extended matter involved in the appeal. There is no residual
jurisdiction to speak of where no appeal or petition has
even been filed (Fernandez v. CA).
PERFECTION OF APPEAL

Payment of Docket Fees (Rule 41, Sec. 4) Duty of Clerk Upon Perfection of Appeal (Rule 41, Sec. 10)
Within 30 days after perfection of all appeals, the RTC
Within the period for taking an appeal, the appellant shall clerk shall:
pay to the clerk of the court which rendered the judgment 1. Verify completeness of original record or record
or final order appealed from, the full amount of the on appeal and make certification as to its
appellate court docket and other lawful fees. Proof of correctness
payment of said fees shall be transmitted to the appellate 2. Verify completeness of records that will be
court together with the original record or the record on transmitted to appellate court
appeal. 3. If found to be incomplete:
a. Take such measures as may be required to
Payment of docket fees in full is mandatory and is a complete records
condition sine qua non for the perfection of an appeal. b. If efforts to complete records fail:
(1) Indicate in his letter of transmittal the
Perfection of Appeal (Rule 41, Sec. 9) exhibits or transcripts not included
1. If appeal is by notice of appeal – it is deemed (2) Reasons for their transmittal
perfected as to him upon the filing of the notice of (3) Steps taken or that could be taken to
appeal in due time have them available
2. If appeal is by record on appeal – it is perfected 4. Transmit the records to appellate court and
as to him with respect to the subject matter furnish the parties with copies of his letter of
thereof, upon approval of the record on appeal transmittal
filed in due time
DISMISSAL OF APPEAL (Rule 41, Sec. 13) PETITION FOR REVIEW FROM THE
REGIONAL TRIAL COURTS TO THE COURT OF
When can the RTC dismiss the appeal?
1. Prior to transmittal of original record to appellate
APPEALS (RULE 42)
court; or
2. Prior to transmittal of record on appeal to the Under this mode of appeal, it is NOT a matter of right but
appellate court is a matter of DISCRETION on the part of the CA on
whether or not to entertain the appeal.
How done: By the court, motu proprio, or on motion to
dismiss appeal by a party Appeal via Rule 42 is proper when one appeals from a
decision of the RTC in the exercise of its APPELLATE
Grounds: jurisdiction.
1. Appeal was taken out of time
2. Non-payment of docket and other lawful fees Appeal under Rule 42 may be on either questions of fact
within the reglementary period or of law or on mixed questions of both

NOTE: The dismissal of the appeal in RTC is

limited only to these two grounds HOW APPEAL IS TAKEN; PERIOD OF APPEAL (Rule 42,
Sec. 1)

If a party desires to appeal from a decision of the RTC in its

appellate jurisdiction:
1. File a VERIFIED petition for review with the CA
a. Within 15 days from notice of decision, or
b. Within 15 days from notice of denial of
petitioner’s motion for new trial or
reconsideration
2. Pay the corresponding docket fee and other
lawful fees and depositing P500 for costs
3. Furnish the RTC and adverse party a copy of the
petition

Extension of period: - The CA may grant an additional 15

days within which to file the petition for review
- Conditions:
1. There was a motion filed to this effect
2. Payment in full of docket fees and other
lawful fees as well as deposit for costs
3. To be done within the reglementary period

No further extension may be granted EXCEPT for

the most compelling reason and in no case to
exceed 15 days.

FORM AND CONTENTS OF THE PETITION FOR REVIEW

(Rule 42, Sec. 5)

Form of the petition:

1. Original copy is filed intended for the court,
properly marked and 2 copies with their annexes
(Efficient Use of Paper Rule)
2. Accompanied by clearly legible duplicate
originals or true copies of judgments or final
orders of both lower courts certified correct by
the RTC clerk
3. Also with pleadings and other material portions
of record as would support the allegations of the
petition

Contents of the petition:

1. Full names of the parties without impleading the
lower courts or judges thereof
2. Specific material dates showing timeliness of
appeal
3. Concise statement of:
 a. Matters involved If upon the filing of the comment or such other pleadings
b. Issues raised as the court may allow or require, or after the expiration
c. Specification of errors of fact or law, or both of the period for the filing thereof without such comment
d. Reasons or arguments relied upon or pleading having been submitted, the Court of Appeals
4. A certificate of non-forum shopping must also be finds prima facie that the lower court has committed an
attached error of fact or law that will warrant a reversal or
modification of the appealed decision, it may accordingly
EFFECT OF FAILURE TO COMPLY WITH give due course to the petition.
REQUIREMENTS (Rule 42, Sec. 3)
PERFECTION OF APPEAL (Rule 42, Sec. 8)
Failure to comply with any of the following requirements
shall be sufficient ground for DISMISSAL Appeal is deemed perfected as to PETITIONER upon:
1. Payment of docket and other lawful fees 1. Timely filing of the petition
2. Payment of docket and lawful fees
NOTE: In petitions for review under Rules 42, 43,
and 45, the docket fee is paid in the appellate Jurisdiction of the RTC
courts 1. RTC loses jurisdiction upon:
a. Perfection of appeals filed in due time; and
2. Deposit for costs b. Expiration of the time to appeal of other
3. Proof of service of petition parties
4. Contents of the documents, which should 2. RTC may exercise residual jurisdiction before the
accompany the petition CA gives due course to the petition

ACTION ON PETITION (Rule 42, Sec. 4) General Rule: Perfected appeal stays the challenged
judgment or final order
The CA may:
1. Require respondent to file a comment on the Exceptions:
petition not a motion to dismiss within 10 days 1. Unless the CA, law, or Rules, provide
from notice; or otherwise
2. Also in civil cases decided under the Rule on
2. Dismiss the petition if it finds the same to be: Summary Procedure; Stay of judgment is not
a. Patently without merit applicable here since these are immediately
b. Prosecuted manifestly for delay; or executory
c. The questions raised therein are too
unsubstantial to require consideration SUBMISSION OF DECISION (Rule 42, Sec. 9)

REMEMBER: Under this Rule, appeal is discretionary on If the petition is given due course
the CA which may give its due course only when the 1. Case may be set for oral argument, or
petition shows prima facie that the lower court has 2. The parties may be required to submit
committed error. memoranda within 15 days from notice
3. Case shall be deemed submitted for decision
COMMENT BY RESPONDENT (Rule 42, Sec. 5) upon filing of last pleading or memoranda

Form of Comment:
1. An original is filed, properly marked, together
with 2 copies with their annexes (Efficient Use of
Paper Rule)
2. Accompanied by certified true copies of such
material portions of the record referred to
therein
3. Together with other supporting papers
4. Copy of the comment served on petitioner

Contents of Comment: The comment shall

1. State whether or not he accepts the statement of
matters involved in the petition
2. Point out such insufficiencies or inaccuracies as
he believes exist in petitioner’s statement of
matters but without repetition
3. Reasons why the petition should not be given due
course

DUE COURSE (Rule 42, Sec. 6)

 APPEALS FROM QUASI-JUDICIAL AGENCIES 2. No further extension is allowed except for the
TO THE COURT OF APPEALS (RULE 43) most compelling reasons and in no case shall
exceed 15 days

SCOPE HOW APPEAL IS TAKEN (Rule 43, Sec. 5)

1. A verified petition for review is filed with the CA
Appeals from awards, judgments, final orders or following the Efficient Use of Paper Rule
resolution of or authorized by any quasi-judicial agency a. Attach proof of service of a copy to the
(QJA) in the exercise of its quasi-judicial functions adverse party and to the court or agency a
quo
A quasi-judicial agency or body is an organ of government 2. Upon filing, pay the docket and lawful fees as well
other than a court and other than a legislature, which as a P500 deposit for costs
affects the rights of private parties though either a. Payment is made to the CA clerk
adjudication or rule-making b. Exemption from payment may be granted by
the CA by filing a verified motion for
NOTE: A party adversely affected by a decision or ruling exemption; if denied, party must pay within
of the CTA en banc may file with the SC a verified petition 15 days from notice of denial
for review on certiorari via Rule 45 (Sec. 12, RA 9282 and
AM 07-7-12-SC) CONTENTS OF THE PETITION: (Rule 43, Sec. 6)
1. Statement of full names of parties to the case
The CTA is no longer a quasi-judicial agency under RA without impleading court or agencies
9282, as of April 7, 2004. 2. Concise statement of facts and issues involved
and grounds relied upon for review
QJAs covered by Rule 43: 3. Accompanied by:
1. Civil Service Commission a. Clearly legible duplicate original or a
2. Securities and Exchange Commission certified true copy of award, judgment, final
3. Office of the President order, or resolution appealed from
4. Land Registration Authority b. Certified true copies of such material
5. Social Security Commission portions of record referred to in the petition
6. Civil Aeronautics Board and other supporting papers
7. Bureau of Patents Trademarks and Technology 4. Certificate of non-forum shopping
Transfer 5. Statement of specific material dates showing
8. National Electrification Administration timeliness of appeal
9. Energy Regulatory Board
10. National Telecommunications Commission
11. Department of Agrarian Reform under RA 6657 EFFECT OF FAILURE TO COMPLY: Dismissal (Rule 43,
12. GSIS Sec. 7) for failure to comply with the following:
13. Employees Compensation Commission 1. Payment of docket and lawful fees
14. Agricultural Inventions Board 2. Deposit for costs
15. Insurance Commission 3. Proof of service of petition
16. Philippine Atomic Energy Commission 4. Contents of petition
17. Board of Investment 5. Documents which should accompany the petition
18. Construction Industry Arbitration Commission,
and
19. Voluntary arbitrators authorized by law ACTION ON THE PETITION (Rule 43, Sec. 8)

WHERE TO APPEAL (Rule 43, Sec. 3) The CA may:

1. Require respondent to file Comment within 10
Appeal is taken to the CA on questions of fact, of law, or days from notice
mixed questions of fact and law. 2. Dismiss the petition if CA finds the same to be:
a. Patently without merit
PERIOD TO APPEAL (Rule 43, Sec. 4) b. Prosecuted manifestly for delay, or
c. Questions raised are too unsubstantial to
Period to appeal is 15 days from: require consideration
1. Notice of award, judgment, final order, or
resolution OR
2. Date of publication, if publication is required by FORM AND CONTENTS OF COMMENT (Rule 43, Sec. 9)
law for its effectivity, OR
3. Denial of petitioner’s MNT or MFR Form of comment:
1. Filed within 10 days from notice following the
Extension of Period: Additional 15 days only Efficient Use of Paper Rule
1. Extension is granted upon motion for extension 2. Accompanied by the following documents:
and payment of full docket fees, both within the a. Clearly legible certified true copies of such
reglementary period material portions of the record referred to
therein
 b. And such other supporting documents certiorari by the aggrieved party within thirty (30) days
3. Copy of Comment is served on petitioner with from its promulgation. (Rule 37, Sec. 1, COMELEC Rules of
proof of such service filed with the CA Procedure)

Contents of Comment: The comment shall: Decisions in appeals from courts of general or limited
1. Point insufficiencies or inaccuracies in jurisdiction in election cases relating to the elections,
petitioner’s statement of facts and issues returns, and qualifications of municipal and barangay
2. State reasons why petition should be denied or officials are not appealable. (Rule 37, Sec. 2, COMELEC
dismissed Rules of Procedure)

Decisions in pre-proclamation cases and petitions to deny

DUE COURSE (Rule 43, Sec. 10) due course to or cancel certificates of candidacy, to
declare a candidate as nuisance candidate or to disqualify
CA may give due course if CA finds prima facie that court a candidate, and to postpone or suspend elections shall
or agency has committed errors of fact or law that would become final and executory after the lapse of five (5) days
warrant reversal or modification from their promulgation, unless restrained by the
Supreme Court. (Rule 37, Sec. 3, COMELEC Rules of
If not, then the CA may dismiss the same. Procedure)

TRANSMITTAL OF RECORDS (Rule 43, Sec. 11) APPEAL FROM JUDGMENTS OR FINAL ORDERS OF
THE OMBUDSMAN
Within 15 days from notice that petition has been given
due course, the CA may: The following decisions are unappealable:
1. Require court or agency concerned to transmit 1. In administrative cases where respondent is
original or legible certified true copy of entire absolved of the charge
record of proceeding under review 2. In case of conviction, where penalty imposed is
2. Require or permit subsequent correction or public censure or reprimand, or suspension of
addition to record not more than one month or a fine equivalent to
one month salary (AO 7, Rule III, Sec. 7)

EFFECT OF APPEAL (Rule 43, Sec. 12) Jurisdiction of the CA

1. CA has jurisdiction over orders, directives, and
General Rule: Appeal shall not stay the award, judgment, decisions of the Office of Ombudsman in
final order or resolution sought to be reviewed administrative disciplinary cases only
2. It cannot review orders, directives, decisions in
Exception: When the CA shall direct otherwise upon such criminal and non-administrative cases
terms as it may deem just
Jurisdiction of the SC
1. In criminal cases, ruling of Ombudsman shall be
SUBMISSION FOR DECISION (Rule 43, Sec. 13) elevated to the SC via Rule 65
2. In cases in which it is alleged that the
If petition is given due course, the CA may set the case for Ombudsman has acted with grave abuse of
oral argument or require parties to submit memoranda discretion amounting to lack or excess of
within 15 days from notice. jurisdiction, a special civil action of
certiorariunder Rule 65 may be filed with this
Upon filing of last pleading or memorandum required, Court to set aside the Ombudsman’s order or
case is deemed submitted for decision. resolution. [Nava v. NBI (2005)]

APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE
CTA NLRC

A party adversely affected by a decision or ruling of the Rule 43, Sec. 2 states that Rule 42 shall not apply to
CTA en banc may file with the Supreme Court a verified judgments or final orders issued under the Labor Code.
petition for review on certiorari pursuant to Rule 45. (Sec.
19, RA 1125 as amended by RA 9282) The law no longer provides for an appeal from decisions
of the LA or from the NLRC. Mode of review from said
decisions is the special civil action for Certiorari under
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE Rule 65 in the CA.
COMELEC
NLRC judgments and final orders or resolutions are now
Unless otherwise provided by law, or by any specific reviewable, in the first instance, by the Court of Appeals
provisions in these Rules, any decision, order or ruling of on certiorari under Rule 65, but those of the Employees
the Commission may be brought to the Supreme Court on Compensation Commission should be brought to the
Court of Appeals through a petition for review under this APPEAL BY CERTIORARI TO THE SUPREME
Rule. Also, appeals from the Office of the Ombudsman in COURT (RULE 45)
administrative disciplinary cases are now covered by this
Rule. [Fabian v. Desierto (1998)]
CERTIORARI AS A MODE OF APPEAL (RULE 45) AND
CERTIORARI AS A SPECIAL CIVIL ACTION (RULE 65)

CERTIORARI AS AN
APPEAL BY CERTIORARI
ACTION
Rule 45 Rule 65
Petition raises the issue as
Based on questions of law
to whether the lower court
which appellant desires
acted without or in excess
the appellate court to
of jurisdiction or with
resolve
grave abuse of discretion
May be directed against an
interlocutory order of the
Involves review of court prior to appeal from
judgment, award or final the judgment or where
order on merits there is no appeal or any
other plain, speedy, or
adequate remedy
May be filed not later than
Must be made within the 60 days from notice of
reglementary period of judgment, order or
appeal resolution sought to be
assailed
Does not stay the
Stays the judgment, challenged proceedings
award, or order appealed (unless a writ of
from preliminary injunction or
TRO is issued)
The parties are the
Petitioner and respondent aggrieved party against the
are original parties to the lower court or quasi-
action judicial agency as
prevailing parties
A filing of a MR is a
Prior filing of MR not condition precedent,
required subject to certain
exceptions
Higher court exercises
Appellate court is in the original jurisdiction under
exercise of appellate its power of control and
jurisdiction and power of supervision over
review proceedings of lower
courts

A party desiring to appeal by certiorari from a judgment,

final order or resolution of the CA, the Sandiganbayan, the
CTA, the RTC or other courts, whenever authorized by
law, may file with the Supreme Court a verified petition
for review on certiorari.

The petition may include an application for a writ of

preliminary injunction or other provisional remedies and
shall raise only questions of law, which must be distinctly
set forth. The petitioner may seek the same provisional
remedies by verified motion filed in the same action or
proceeding at any time during its pendency. (Rule 45, Sec.
1, as amended by A.M. 07-7-12-SC)

OUTLINE OF PROCEDURE
 conclusive on the court (Boston Bank of the Philippines v.
RTC, Sandiganbayan, CTA en banc, or CA renders a decision Manalo)

It has to be emphasized that it is not the duty of the SC to

review, evaluate, and weigh the probative value of the
Any party files a petition for review on certiorari evidence adduced before the lower courts (Frondarina v.
Within 15 days from notice Malazarte)
of final judgment or order of lower court
or notice of denial of motion for reconsideration or new trial

APPEAL FROM RTC TO SC UNDER RULE 45

Appellant serves copies of petition on adverse parties To appeal under Rule 45, RTC must render judgment in
And to the lower court, the exercise of its original jurisdiction
And pay the corresponding docket fees
If the RTC is in exercise of its appellate jurisdiction,
proper remedy is to appeal to the CA via Rule 42 even if
SC may dismiss the petition or require appellee to comment only questions of law are raised

If the other party had already taken an appeal to the CA to

question the RTC decision, the property remedy of
If given due course, parties may submit memoranda petitioner is simply ordinary appeal to the CA as well
(First Phil. International Bank v. CA).

Grave abuse of discretion is not an allowable ground

SC may affirm, reverse, or modify judgment of lower court
under Rule 45 (Martires v. CA).

PROPRIETY OF RULE 45 AS A MODE OF APPEAL

APPEAL FROM CA IS ALWAYS BY RULE 45
Appeals to the SC Can be taken from a judgment or final
order or resolution of the CA, Sandiganbayan, CTA en Appeal under Rule 45 is the proper review of decisions of
banc, RTC or such other courts as may be authorized by the CA even in special civil actions.
law
Any alleged errors committed by it in the exercise of
Only questions of law are allowed. Whether an appeal jurisdiction would be errors of judgment which are
involves only questions of law or both questions of law reviewable by timely appeal and not by special civil action
and fact is best left to the determination of an appellate of certiorari.
court and not by the court which rendered the decision
appealed from (PNB v. Romillo, etc., et al.) Rule 45 is clear that decisions, final orders, or resolutions
of the CA in any case, regardless of the nature of the
QUESTIONS OF LAW QUESTIONS OF FACT action or proceedings involved, may be appealed to the SC
Doubt or difference as to by filing a petition for review, which would but be a
Doubt or controversy as to the truth or falsehood of continuation of the appellate process over the original
what the law is on certain facts, or as to probative case.
facts value of the evidence
presented CONCLUSIVENESS OF FINDINGS OF FACT
If the appellate court can
The determination
determine the issue General Rule: The findings of fact of the CA are final and
involves evaluation or
without reviewing or conclusive and cannot be reviewed on appeal to the SC
review of evidence
evaluating the evidence
Query involves the Exceptions: CA’s findings of fact may be reviewed by the
calibration of the whole SC on appeal by certiorari when:
evidence considering 1. Conclusion is a finding grounded entirely on
mainly the credibility of speculations, surmises or conjectures [Joaquin v.
Can involve questions of Navarro (1953)].
witnesses, existence, and
interpretation of law with 2. Inference made is manifestly mistaken, absurd or
relevancy of specific
respect to certain set of impossible [Luna v. Linatok (1942)].
surrounding
facts 3. There is grave abuse of discretion in the
circumstances and relation
to each other and the appreciation of facts [Buyco v. People (1954)].
whole probabilities of the 4. Judgment is based on a misapprehension of facts
situation [De la Cruz v. Sosing (1953).
5. The Court of Appeal’s findings of fact are
The SC is not a trier of facts, and is not to review or conflicting [Casica v. Villaseca (1957)].
calibrate the evidence on record. Moreover, findings of 6. The Court of Appeals, in making its findings, went
facts of trial court, as affirmed on appeal by the CA, are beyond the issues of the case and the same is
 contrary to the admissions of both appellant and
appellee [Nakpil & Sons v. CA (1986)].
7. The Court of Appeals manifestly overlooked GROUNDS FOR DENIAL OF PETITION (Rule 45, Sec. 5)
certain relevant facts not disputed by the parties 1. Failure of petitioner to comply with:
and which, if properly considered, would justify a a. Payment of docket or other lawful fees
different conclusion [Abellana v. Dosdos (1965)]. b. Deposit for costs
8. The Court of Appeal’s findings of fact are contrary c. Proof of Service; and
to those of the trial court, or are mere d. Contents of and documents which would
conclusions without citation of specific evidence, accompany the petition
or where the facts set forth by the petitioner are 2. Appeal is without merit
not disputed by the respondent, or where the 3. Is prosecuted manifestly for delay
findings of fact of the Court of Appeals are 4. That the questions raised are so unsubstantial as
premised on absence of evidence but are to require consideration
contradicted by the evidence of record [Manlapaz
v. CA (1987)]. NOTE: SC may dismiss the petition motu proprio
PERIOD OF APPEAL: (Rule 45, Sec. 2)

Time for Filing: 15 days from REVIEW IS DISCRETIONARY (Rule 45, Sec. 6)
1. Notice of judgment, final order, or resolution
appealed from, or Appeal to the SC is NOT a matter of right. It will be
2. Notice of denial of motion for new trial or granted only when there are special and important
reconsideration filed in due time after notice of reasons therefor.
judgment
Some indications of the character of reasons which will be
The Neypes doctrine is also applicable in Rule 45. considered:
1. When the court a quo has decided the question of
Extension of Period: 30 days upon substance, not theretofore determined by the SC,
1. Motion duly filed and served; and or has decided it in a way probably not in accord
2. Payment of docket and lawful fees and deposit with law or with the applicable provisions of the
for costs SC; or
3. And for justifiable reasons 2. Court a quo has so far departed from accepted
and usual course of judicial proceedings, or so far
sanctioned such departure by a lower court, as to
FORM OF PETITION call for an exercise of power of supervision
1. The petition must be VERIFIED
2. Following the Efficient Use of Paper Rule:
a. One original, properly marked, and 4 copies ELEVATION OF RECORDS: (Rule 45, Sec. 8)
b. If the case is referred to En Banc, 10
additional copies is filed If the petition is given due course, the Supreme Court
3. Payment of docket and other lawful fees and may require the elevation of the complete record of the
deposit of P500 for costs is made with the SC case or specified parts thereof within fifteen (15) days
Clerk at the time of filing from notice
4. Proof of service of the petition to the lower court
and adverse party are attached

CONTENTS OF PETITION (Rule 45, Sec. 4)

1. State full names of the parties
a. Appealing party = as Petitioner
b. Adverse party = as Respondent
c. Do not implead lower courts or judges
2. Indicate material dates showing:
a. When notice of judgment or final order or
resolution was received
b. When a motion for new trial or
reconsideration, if any, was filed and when a
denial thereof was received
3. Concise statement of:
a. The matters involved
b. Reasons or arguments relied on
4. Accompanied by a clearly legible duplicate
original, or a certified true copy of the judgment
or final order or resolution certified by the clerk
of court and court a quo
5. Certificate of non-forum shopping
 GROUNDS FOR DISMISSAL OF APPEAL
DISMISSAL BY THE CA (RULE 50)

An appeal may be dismissed by the CA, on its own motion,

or on that of the appellee on certain grounds.

Grounds for Dismissal as provided in Sec. 1, Rule 50

1. Failure of record on appeal to show on its face
that appeal was taken within the period fixed by
Rules
2. Failure to file notice of appeal or record on
appeal within prescribed period
3. Failure of appellant to pay docket and other
lawful fees as provided in Sec. 4, Rule 41
4. Unauthorized alterations, omissions, or additions
in approved record on appeal as provided in Sec.
4, Rule 44
5. Failure of appellant to serve and file required
number of copies of his brief or memorandum
within time provided by Rules
6. Absence of specific assignment of errors in the
appellant’s brief, or of page references to record
as required in Sec. 13, (a), (c), (d), (f), Rule 44
7. Failure of appellant to take necessary steps for
correction or completion of record within time
limited by the court in its order
8. Failure of appellant to appear at preliminary
conference under Rule 48 or comply with orders,
circulars, directives of the court without
justifiable cause
9. Fact that the order or judgment appealed from is
not appealable

Other Grounds
1. By agreement of the parties (i.e. amicable
settlement)
2. Where appealed case has become moot or
academic
3. Where appeal is frivolous or dilatory

DISMISSAL BY THE SC (RULE 56)

The appeal may be dismissed motu proprio or on motion

of the respondent on the following grounds:
1. Failure to appeal within reglementary period
2. Lack of merit of petition
3. Failure to pay docket and lawful fees and deposit
4. Failure to comply with requirements on proof of
service, contents, and documents accompanying
petition
5. Failure to comply with circular, directive, or
order of SC without justifiable cause
6. Error in choice of mode of appeal
7. The case is not appealable to the SC
 COMPARATIVE TABLE ON THE MODES OF APPEAL
WHEN PROPER
RULE 40 RULE 41 RULE 42 RULE 43 RULE 45
ORDINARY APPEAL PETITIONS FOR REVIEW
Matter of Right; Filed with the court of origin Discretionary; No records are elevated unless the court decrees it
All records are elevated from court of origin Filed with the appellate court
Appeal from a decision of the Appeals to the SC from a
Appeal from a judgment or final
RTC in the exercise of its original judgment or final order or
order of a MTC
jurisdiction resolution of the CA,
Sandiganbayan, CTA en banc,
Appeals from awards, judgments, RTC (original jurisdiction) or
Appeal from a decision of the final orders or resolution of or such other courts as may be
RTC rendered in the exercise of authorized by any quasi-judicial authorized by law
Rule 41 provisions shall apply to Rule 40 if not consistent with Rule its appellate jurisdiction agency in the exercise of its Decisions, final orders, or
40 provisions quasi-judicial functions resolutions of the CA in any case,
regardless of the nature of the
action or proceedings involved,
may be appealed to the SC by
filing a petition for review,
WHERE TO FILE
RULE 40 RULE 41 RULE 42 RULE 43 RULE 45
Filed with the MTC Filed with the RTC Filed with the CA Filed with the CA Filed with the SC
Appeal to the RTC Appeal to the CA Appeal to the CA Appeal to the CA Appeal to the SC
Questions of fact or mixed Questions of fact, Questions of
Questions of fact or mixed Questions of fact, Questions of
questions of fact and law law, or Mixed questions of fact Only Questions of Law
questions of fact and law law, or Mixed questions of both
and law
TIME FOR FILING
RULE 40 RULE 41 RULE 42 RULE 43 RULE 45
Within 15 days from:
Within 15 days from:
1. Notice of award,
1. Notice of judgment,
judgment, final order,
BY NOTICE OF APPEAL Within 15 days from notice of final order, or
or resolution OR
Within 15 days after notice of judgment or final order decision, or resolution appealed
2. Date of publication, if
Within 15 days from notice of from, or
publication is required
BY RECORD ON APPEAL denial of petitioner’s motion for 2. Notice of denial of
by law for its effectivity,
Within 30 days from notice of judgment or final order by filing a new trial or reconsideration motion for new trial or
OR
notice of appeal and a record on appeal reconsideration filed in
3. Denial of petitioner’s
due time after notice of
MNT or MR (only one
judgment
MR allowed)
 WHEN PROPER
RELIEF FROM JUDGMENTS, ORDERS, AND
OTHER PROCEEDINGS (RULE 38) Rule 38 can be availed of once the judgment has become
final and executory.
CONCEPT
The relief provided for by Rule 38 is of equitable
Remedies AFTER finality of judgment character and is only allowed in exceptional cases, that is
1. Petition for relief (Rule 38) where there is no other available or adequate remedy. A
2. Action to Annul Judgment (Rule 47) petition for relief is not regarded with favor and judgment
3. Collateral Attack of a Judgment that is Void on its will not be disturbed where the party complaining has or
Face by his exercising proper diligence would have had an
adequate remedy at law, as where petitioner could have
A petition for relief from judgment together with a motion proceeded by appeal to vacate or modify the default
for new trial and a motion for reconsideration are judgment. [Manila Electric v. CA (1990)]
remedies available only to parties in the proceedings
where the assailed judgment is rendered. In fact, it has Under Sec. 1, it is also available when “any other
been held that a person who was never a party to the proceeding is thereafter taken against the petitioner in
case, or even summoned to appear therein, cannot avail of any court through FAME”
a petition for relief from judgment (Alaban v. Cam)
Thus, it was held that a petition for relief is also applicable
NOTE: This is not applicable to the SC since it is not a trier to a proceeding taken after entry of judgment or final
of facts. order such as an order of execution (Cayetano v.
Ceguerra) or an order dismissing an appeal (Medran v.
RULE 37 v. RULE 38 CA)

RULE 37 RULE 38
WHERE FILED
Available BEFORE Available AFTER judgment
judgment becomes final has become final and
Rule 38 is not an independent action but a continuation of
and executory executory
the old case. Hence, it is filed with the same court and
Applies to judgments, final
Applies to judgments or same branch which decided the case.
orders and other
final orders only
proceedings
Grounds: (1) FAME and
GROUNDS: (Rule 38, Sec. 1 and 2)
(2) Newly discovered Ground: FAME
1. When judgment or final order is entered or any
evidence
other proceeding is thereafter taken against
Filed within 60 days from petitioner through FAME
Filed within the time to knowledge of judgment 2. When petitioner has been prevented from taking
appeal and within 6 months from an appeal by FAME
entry of judgment
If denied, order denying a
If denied, order of denial
petition for relief is not PERIOD FOR FILING: (Rule 38, Sec. 3)
is not appealable; hence,
appealable; remedy is 1. Within 60 days after petitioner learns of the
remedy is appeal from
appropriate civil action judgment, final order, or other proceeding to be
judgment
under Rule 65 set aside; AND
Legal remedy Equitable remedy 2. Not more than 6 months after such judgment or
Motion need not be final order was entered, or such proceeding was
Petition must be verified
verified taken

Rule 37 and Rule 38 are EXCLUSIVE remedies. The two periods for the filing of a petition for relief are
not extendible and never interrupted. Both periods must
A party who has filed a timely motion for new trial and/or be complied with. (Phil. Rabbit Bus Lines Inc. v. Ariaga)
reconsideration cannot file a petition for relief after his
motion has been denied. Reckoning points:
1. The 60-day period is reckoned from the time the
A party who has filed a timely motion for new trial or party acquired knowledge of the order, judgment
motion for reconsideration can no longer file a petition or proceeding. Not from the date he actually read
for relief from judgment after his motion has been denied. the same (Perez v. Araneta)
These remedies are mutually exclusive. It is only in 2. 6-months period is computed from the date of
appropriate cases where a party aggrieved by the entry of the order or judgment
judgment has not been able to file a motion for new trial
or motion for reconsideration that a petition for relief can
be filed. (Francisco v. Puno, 1981) FORM AND CONTENTS OF THE PETITION
1. The petition for relief must be verified
 2. The petition must be accompanied by an affidavit ANNULMENT OF JUDGMENTS OR FINAL
showing the FAME relied upon; and ORDERS AND RESOLUTIONS (RULE 47)
3. The affidavit of merit accompanying the petition
must also show the facts constituting the Annulment of Judgment is a remedy in law independent
petitioner’s good and substantial cause of action of the case where the judgment sought to be annulled was
or defense as the case may be rendered and may be availed of though the judgment has
been executed.
The absence of an affidavit of merits is a fatal defect and
warrant denial of the petition (Fernandez v. Tan Tiong NATURE
Tick)
The purpose of such action is to have the final and
However, it is not a fatal defect so long as the facts executory judgment set aside so that there will be a
required to be set out also appear in the verified petition renewal of litigation.
(Fabar Inc. v. Rodelas)
Resorted to in cases where ordinary remedies of new
When Affidavit of Merit is not necessary: trial, appeal, petition for relief, or other appropriate
1. When there is lack of jurisdiction over the remedies are no longer available through no fault of
defendant; petitioner
2. When there is lack of jurisdiction over the subject
matter; It is not a mode of appeal but an Independent Civil Action.
3. When judgment was taken by default;
4. When judgment was entered by mistake or was
obtained by fraud; or WHEN PROPER (Rule 47, Sec. 1)
5. Other similar cases.
It is available when the petitioner failed to move for new
trial in, or appeal from, or file a petition for relief against,
ORDER TO FILE ANSWER (Rule 38, Sec. 4) or take other appropriate remedies assailing the
questioned judgment or final order or resolution through
An order to answer shall issue only if petition is sufficient no fault attributable to him
in form and substance.
The remedy may no longer be invoked where the party
If petition is sufficient in form and in substance, the court has availed himself of the remedy of new trial, appeal,
shall issue an order requiring the adverse party to answer petition for relief, or other appropriate remedy and lost
within 15 days from receipt thereof. or where he has failed to avail himself of those remedies
through his fault or negligence
PROCEEDINGS AFTER ANSWER IS FILED (Rule 38, Sec.
6) WHERE FILED
After filing of answer or expiration of the period therefor,
JUDGMENTS, FINAL JUDGMENTS, FINAL
court shall hear the petition.
ORDERS, OR ORDERS, OR
RESOLUTIONS OF THE RESOLUTIONS OF THE
If the court finds that the allegations are not true – Petition
RTC MTC
is dismissed.
Filed with the CA Filed with the RTC
CA has exclusive and
If the court finds that allegations are true: RTC as a court of general
original jurisdiction over
1. It shall set aside the judgment, final order, or jurisdiction under Sec.
said action under Sec. 9
other proceeding complained of upon such terms 19(6) BP 129
(2) of BP 129
as may be just
The CA may dismiss the
2. Thereafter, case shall stand as if such had never The RTC has no such
case outright; it has the
been rendered, issued, or taken discretion, it is required to
discretion on whether or
3. The court shall then proceed to hear and consider it as an ordinary
not to entertain the
determine the case as if timely motion for new civil action
petition
trial or reconsideration has been granted by it

REMEDY FOR DENIAL OF PETITION FOR RELIEF. WHO CAN FILE

Appeal from an order denying a petition for relief is no Petitioner need not be a party to the judgment sought to
longer available under the present rules. annulled.

The remedy against a denial of a petition for relief is A person who is not a party to the judgment may sue for
certiorari under Rule 65, when proper. its annulment provided that he can prove the same was
obtained through fraud or collusion and that he would be
adversely affected thereby. (Alaban v. CA)
 3. Certified true copy of the judgment or final order
GROUNDS (Rule 47, Sec. 2) or resolution shall be attached to the original
copy of the petition
Annulment may be based only on TWO grounds: 4. Affidavits of witnesses or documents supporting
1. Extrinsic Fraud the cause of action or defense; and
2. Lack of Jurisdiction 5. Certificate of non-forum shopping

Although Sec. 2 provides that annulment of judgment or

order may be based only on extrinsic fraud and lack of PROCEEDINGS
jurisdiction, jurisprudence recognizes DENIAL OF DUE
PROCESS as an additional ground (Sps. Benatiro, et al. v. There are two stages in the disposition of the petition:
Heirs of Cuyos et al.) This was recognized in the 2013 case 1. A preliminary evaluation of the petition for prima
of Leticia Diona, represented by her Attorney-in-fact, facie merit (Sec. 5)
Marcelina Diona v. Romeo Balangue, Sonny Balangue,  The rule allows the CA to dismiss the petition
Reynaldo Balangue, and Esteban Balangue, Jr. outright as in special civil actions
 If prima facie merit is found, petition is given
Extrinsic or Collateral Fraud - Refers to any fraudulent act due course and summons is served on
of the prevailing party in the litigation which is respondent
committed outside of the trial of the case, whereby the
defeated party has been prevented from exhibiting fully 2. If prima facie merit is found, petition is given due
and fairly presenting his side of the case course and issuance of summons as in ordinary
civil cases is made (Sec. 6)
Lack of Jurisdiction - Lack of jurisdiction refers to either  Procedure in ordinary civil cases is observed
lack of jurisdiction over the person of the defending party
or over the subject matter of the claim, and in either case, NOTE: Prima facie determination is not available in
the judgment or final order and resolution are void. annulment of judgments or final orders of MTCs before
the RTC. (Rule 47, Sec. 10)
NOTE: In a petition for annulment of judgment
based on lack of jurisdiction, petitioner must EFFECT OF JUDGMENT OF ANNULMENT (Rule 47, Sec.
show an ABSOLUTE LACK of jurisdiction not 7)
merely abuse of jurisdictional discretion.
Effect of annulment based on lack of jurisdiction
As to Evidence 1. The same shall be set aside and considered null
1. When the ground invoked is extrinsic fraud, and void
extraneous evidence is admitted 2. Aggrieved party may refile the action in the
2. However, when the ground is lack of jurisdiction, proper court
only evidence found in the records of the case can a. This may involve a different court of
justify nullity of judgment competent jurisdiction
b. But where the reason for such annulment
was because of lack of jurisdiction over
PERIOD FOR FILING (Rule 47, Sec. 3) defendant, the action may be refilled in the
same original court provided it has proper
LACK OF jurisdiction and venue
EXTRINSIC FRAUD
JURISDICTION
PERIOD Effect of annulment based on extrinsic fraud
4 years from Before it is barred by
OF 1. The same shall be set aside and considered null
discovery of fraud laches or estoppel
FILING and void
2. On motion of the prevailing party on justifiable
There must be a manifest showing with petition that it grounds, he may be allowed to no longer refile
was filed within the 4-yr period. the action
a. The trial court which rendered the
The rule does not fix the period to annul judgment based questioned judgment shall be ordered to try
on lack of jurisdiction but recognizes the principle of the case anew
estoppel as first laid down by Tijam v. Sibonghanoy.
The prescriptive period for the refiling of the aforesaid
original action shall be deemed suspended from the filing
FORM AND CONTENTS OF PETITION (Rule 47, Sec. 3) of said original action until the finality of the judgment of
1. Verified petition, alleging therein: annulment. However, the prescriptive period shall not be
a. With particularity, the facts and the law suspended where the extrinsic fraud is attributable to the
relied upon plaintiff in the original action. (Rule 47, Sec. 8)
b. Petitioner’s good and substantial cause of
action or defense
2. Filed following the Efficient Use of Paper Rule
 COLLATERAL ATTACK OF JUDGMENTS ATTACKING A VOID JUDGMENT

It may be assailed anytime, collaterally or in a direct

ON ATTACKING THE VALIDITY OF A JUDGMENT action or by resisting such judgment or final order in any
action or proceeding whenever it is invoked, unless
Direct Attack v. Collateral Attack: barred by laches. [Spouses Benatiro v. Heirs of Cuyos
1. Direct attack upon a judgment is an action or (2008))
proceeding to annul it, this being the main object
of the proceeding
2. Collateral attack upon a judgment is one made to REMEDIES
obtain relief other than the setting aside of the
judgment, the attack on the judgment itself being If the reglementary period for appeal has not yet lapsed,
incidental some remedies are New Trial and Reconsideration.
Appeal, Petition for Relief, and Other Appropriate
When Collateral Attack Proper: This is proper only when Remedies such as Certiorari may also be used.
the judgment on its face is null and void as where it is
patent that the court which rendered said judgment has If the appropriate remedies are no longer available
no jurisdiction without the fault of the petitioner, the equitable and
extraordinary remedy of Petition for Annulment of
The validity of a judgment or order of the court, which has Judgment may be resorted to.
become final and executory, may be attacked in three ways:
1. Only by a direct action or proceeding to annul the When all else fails, there is jurisprudence to the effect that
same a patently void judgment may be dealt with by a Main
 This proceeding is a direct attack against the Action for Injunction. [See Barrameda v. Moir (1913)]
order of judgment because it is not incidental
to, but is the main object of, the proceeding
 A direct action to annul and enjoin JURISPRUDENTIAL BASIS
enforcement of the judgment where the
alleged defect is not apparent on its face or Remedial Law Jurisprudence such as Spouses Benatiro v.
from the recitals contained in the judgment Heirs of Cuyos, (2008) and Agustin v. Bacalan, (1985) on
 See Rule 47 the matter of void judgment particularly refer to Rule 47
as a remedy against a void judgment. This remedy,
2. Or by direct action, as certiorari, or by collateral however, should be availed of only when the appropriate
attack in case of apparent nullity remedies are no longer available without fault on the part
 The collateral attack must be against a of the petitioner.
challenged judgment which is void upon its
face or that the nullity of the judgment is Although Section 2 of Rule 47 of the Rules of Court
apparent from its own recitals provides that annulment of a final judgment or order of
an RTC may be based "only on the grounds of extrinsic
3. Or by a Petition for Relief under Rule 38 fraud and lack of jurisdiction," jurisprudence recognizes
denial of due process as additional ground therefore
 This third manner of attacking must be taken
(Spouses Benatiro Case).
in the same action or proceeding in which the
judgment or order was entered
A void judgment is like an outlaw which may be slain at
sight wherever or whenever it exhibits its head. The proper
remedy in such case, after the time for appeal or review
VOID JUDGMENT
has passed, is for the aggrieved party to bring an action to
enjoin the judgment. (Montinola v. Judge Gonzales, 1989)
A void judgment is no judgment at all. It cannot be the
source of any right nor the creator of any obligation. All
Assuming the judgment to have been void as alleged by
acts performed pursuant to it and all claims emanating
the proponent of this motion, the proper remedy was by
from it have no legal effect. Hence, it can never become
an original proceeding and not by motion in the cause"
final and any writ of execution based on it is void.
[Banco Espanol v. Palanca (1918)]. A final judgment may
[Polystyrene Manufacturing v. Privatization Management
be annulled on the ground of lack of jurisdiction, fraud, or
(2007)]
that it is contrary to law. [Panlilio v. Garcia (1982)]
A void judgment may be likened to a lawless thing which
can be treated as an outlaw and slain at sight, or ignored
wherever and whenever it rears its head. [Banco Espanol-
Filipino v. Palanca (1918)]

A judgment may be void for lack of due process of law.

[Spouses Benatiro v. Heirs of Cuyos (2008))
EXECUTION, It can be noted that the Supreme Court made a hairline
distinction between finality of order for appeals and for

SATISFACTION, AND execution. It is submitted that upon court’s issuance of a

judgment touching upon the merits of a case, it is final for
the purposes of an appeal, but NOT for execution.
EFFECT OF NOTE: Finality for the purposes of execution refers to the

JUDGMENTS expiration of the period to appeal and no appeal was

perfected.

WHEN EXECUTION SHALL ISSUE

DIFFERENCE BETWEEN FINALITY OF
JUDGMENT FOR PURPOSES OF APPEAL; FOR Execution is a process provided by law for the
enforcement of a final judgment. Enforcement is part of
PURPOSES OF EXECUTION
court’s jurisdiction. It is not an action but is included in
the phrase “Process in an action – part of the proceedings
The term “finality of judgment for purposes of appeal”
considered as still pending.
refers to interlocutory orders which:
1. Are not decisions within the constitutional
Cases where Execution may Issue even if judgment NOT
definition [Armargo v. CA (1973)]
Final:
2. are those that determine incidental matters that
1. Support pendente lite
do not touch on the merits of the case or put an
2. Judgments of inferior courts in ejectment cases
end to proceedings. The following are examples
3. Execution pending appeal
of an interlocutory order:
4. Injunction, accounting, receivership, support
a. An order denying a motion to dismiss;
(Rule 39, Sec. 4)
b. An order granting an extension of time to file
5. Decision of the RTC in appealed civil cases under
a pleading, or one authorizing an amendment
Summary Procedure, including forcible entry and
thereof;
unlawful detainer
c. Order granting or denying applications for
6. Decision of the LA reinstating dismissed
postponement or inspection of documents.
employee, insofar as reinstatement aspect is
[Riano]
concerned
The word interlocutory refers to something intervening
Writ of Execution: A judicial writ issued to an officer
between the commencement and the end of a suit which
authorizing him to execute the judgment of the court.
decides some point or matter but is not a final decision of
the whole controversy. [Ramiscal, Jr. v. Sandiganbayan
Dispositive Portion as Subject of Execution
(2004)]
1. General Rule: The dispositive portion of the
decision is that part that becomes the subject of
A final judgment or order is one that finally disposes of a
execution
case, leaving nothing more to be done by the Court in
2. Exceptions:
respect thereto, e.g., an adjudication on the merits which,
a. Where there is ambiguity, the body of the
on the basis of the evidence presented at the trial,
opinion may be referred to for purposes of
declares categorically what the rights and obligations of
construing the judgment because the
the parties are and which party is in the right; or a
dispositive part of a decision must find
judgment or order that dismisses an action on the ground,
support from decision’s ratio decidendi
for instance, of res judicata or prescription.
b. Where extensive and explicit discussion and
settlement of the issue is found in the body of
Once rendered, the task of the Court is ended, as far as
the decision
deciding the controversy or determining the rights and
liabilities of the litigants is concerned. Nothing more
Two Whom Issued:
remains to be done by the Court except to await the
1. General Rule: Only real parties in interest in an
parties' next move (which among others, may consist of
action are bound by judgment rendered therein
the filing of a motion for new trial or reconsideration, or
and by the writs of execution
the taking of an appeal) and ultimately, of course, to cause
2. Exceptions: There are certain cases where the
the execution of the judgment once it becomes 'final or, to
writ may be issued against non-parties
use the established and more distinctive term, 'final and
a. One who is privy to judgment debtor can be
executory.
reached by an order of execution and writ of
demolition (Vda. De Medina v. Cruz)
Execution is a matter of right upon the expiration of the
b. Issued against one who not being originally a
period to appeal and no appeal was perfected from a
party to the case submits his interest to the
judgment or order that disposes of the action or
court for consideration in the same case and
proceeding. [Rule 39, Sec. 1]
 invites adjudication regarding said interest 2. When a PETITION FOR RELIEF or an action to
(Jose v. Blue) enjoin judgment is filed and a preliminary
c. Where non-parties voluntarily signed the injunction is prayed for and granted (Rule 38,
compromise agreement or voluntarily Sec. 5);
appeared before court (Rodriguez v. 3. When the judgment turns out to be INCOMPLETE
Alikpala) OR IS CONDITIONAL since as a matter of law,
d. Where the remedy of a person not a party to such judgment CANNOT BE FINAL;
the case which he did not avail of, was to 4. When the judgment has been NOVATED BY THE
intervene in the case in question involving PARTIES
rights over the same parcel of land and said 5. When SUBSEQUENT FACTS AND
person in another case was adjudged buyer CIRCUMSTANCES transpire as to render such
in bad faith thereof (Lising v. Plan) execution unjust or impossible
e. In an ejectment case, where 3rd party 6. On EQUITABLE GROUNDS as when there has
derived his right of possession from been a change in the situation of the parties
defendant particularly when such right was which makes execution INEQUITABLE.
acquired only after filing of ejectment suit 7. When the judgment becomes DORMANT, the 5-
(Cordova v. Tornilla) year period under Rule 39.6 having expired
without the judgment having been revived

EXECUTION AS A MATTER OF RIGHT (Rule 39, Sec. 1) NOTE: Execution may only issue upon motion with notice
of hearing.
The finality of judgment has the effect of entitling
prevailing party to execution as a matter of right. It is the Supervening Event Doctrine – A supervening event can be
ministerial duty of the court to do execution. (Herrera) invoked for the modification or alteration of a final
judgment. This refers to:
Execution as a matter of right, TWO INSTANCES: 1. Facts which transpire after judgment has become
1. No appeal has been perfected or period of appeal final and executory. Or
has expired 2. New circumstances which developed after the
2. Appeal has been perfected and finally resolved judgment has acquired finality
3. Matters which the parties were not aware of
How Done: prior to or during the trial as they were not yet in
existence at that time
CASE HOW EXECUTION IS CARRIED 4. The supervening facts or circumstances must
If no appeal has Prevailing party applies by motion either bear a direct effect upon the matters
been perfected, or for a writ of execution which is already litigated and settled or create a
the period of appeal granted by the judge since it is a substantial change in the rights or relations of the
has expired matter of right parties therein which render execution of the
Prevailing party: final judgment unjust or impossible (Lim v.
1. Files a motion in the court Jabalde)
of origin,
2. Submitting certified true
copies of the judgment or DISCRETIONARY EXECUTION (Rule 39, Sec. 2)
final orders sought to be
enforced DISCRETIONARY EXECUTION AS A MATTER
3. Submitting the entry EXECUTION OF RIGHT
If appeal has been
thereof, May issue before the lapse Period to appeal has
perfected and
4. With notice to adverse of period to appeal, and already lapsed and no
finally resolved
party even during appeal appeal is perfected
Appellate court may also direct the Discretionary upon the Ministerial duty of the
court of origin to issue the writ of court court
execution: Upon showing of good Provided there are no
1. Upon motion in the same reason for execution supervening events
case AND
2. When the interest of Under the Rule on Discretionary Execution (also called
justice so requires execution pending appeal), the court rendering the
judgment, if it still has jurisdiction, may exercise
General Rule: It is a matter of right on the part of the discretion and order execution pending appeal.
winning party when the judgment or order becomes
executory. The court cannot refuse execution. It is the execution of a judgment or final order before it
attains finality. The court which rendered the decision can
Exceptions: The issuance of a writ of execution which grant an execution pending appeal if it still retains
issues as a matter of right can be countered in any of the jurisdiction over the case and is in possession of the
following cases records at the time of the filing of the motion; otherwise,
1. ): the motion shall be acted upon by the appellate court.
To be valid, there should be a good reason to justify the
execution of the judgment pending appeal, the same to be Requisites for Discretionary Execution:
stated in the order granting it. 1. There must be a motion filed by prevailing party
with notice to adverse party
2. There must be a hearing of the motion for
Discretionary Execution is NOT applicable in the case of the discretionary execution
Court of Appeals: 3. There must be good reasons to justify the
1. The Rule on Discretionary Execution discretionary execution
contemplates a situation where a judgment or 4. These good reasons must be stated in a special
final order rendered in the exercise of its original order after due hearing
jurisdiction and the prevailing party in said
decision seeks immediate execution during the
pendency of an appeal. Examples of Good Reasons:
2. The CA has no authority to issue IMMEDIATE 1. Where the goods subject of the judgment stand to
EXECUTION PENDING APPEAL OF ITS OWN perish or deteriorate during the pendency of the
DECISIONS THEREIN. appeal (Yasuda v. CA)
3. Discretionary execution is allowed pending 2. The award of actual damages is for an amount
appeal of judgment or final order of the trial fixed and certain (Radio Communications Inc. v.
court upon good reasons to be stated in a special Lantin). But not an award for moral and
order. exemplary damages
3. Insolvency of a defeated party (Hacienda Navarro
A judgment of the CA cannot be executed pending appeal. v. Labrador)
(Heirs of Justice JBL Reyes v. CA, 2000) 4. The prevailing party is of advanced age and in a
precarious state of health and the obligation in
the judgment is non-transmissible, being for
When Proper and How Done support (De Leon v. Soriano)
5. Where defendants were exhausting their income
1. Execution pending appeal – The duration of the and have no other property aside from proceeds
court’s discretionary power to order execution of the property subject in litigation (Lao v.
pending appeal depends on: Mencias)
a. Where the record on appeal is required,
(1) The court loses jurisdiction only over the
subject matter thereof upon approval of The Supersedeas Bond
the record on appeal and expiration of
the time to appeal of the other party Discretionary execution may be stayed upon approval by
the proper court of a sufficient supersedeas bond filed by
b. Where no record on appeal is required, court the party against whom it is directed.
may issue writ of execution before perfection 1. It is conditioned upon the performance of the
of appeal judgment or order allowed to be executed in case
it shall be finally sustained in whole or in part
c. If the court lost jurisdiction, the writ may be 2. Bond may be proceeded against on motion with
issued by the appellate court, as such: notice to surety

CASE HOW EXECUTION IS CARRIED General Rule: The filing of a supersedeas bond is
Prevailing party: sufficient to stay the enforcement of a discretionary
If the trial court still 1. Files a motion with execution.
has jurisdiction over notice to the adverse
the case and is still in party Exception: However, THE FILING OF SUPERSEDEAS
possession of either 2. Motion is filed with the BOND does not entitle the judgment debtor to the
the original record or TRIAL court suspension of execution as a MATTER OF RIGHT. Where
record on appeal 3. Good reasons must be the needs of the prevailing party are URGENT, the Court
shown can order immediate execution despite such
The prevailing party: SUPERSEDEAS BOND. [Regalado]
1. Files a motion with
notice to adverse party If judgment is reversed totally or partially, or annulled –
If the trial court has The trial court may, on motion, issue such orders of
2. Motion is filed with the
lost jurisdiction restitution or reparation of damages as equity and justice
APPELLATE COURT
3. Good reasons must be may warrant under the circumstances
shown
Remedy against Execution pending Appeal – The remedy is
2. Execution of several, separate, or partial certiorari by Rule 65. The appeal could not be an
judgments may also be executed under the same adequate remedy for such premature execution. (Jaca v.
terms and conditions as execution pending Davao Lumber Co.)
appeal.
 HOW JUDGMENT IS EXECUTED
Out of the personal
EXECUTION BY MOTION OR BY INDEPENDENT property of obligor
ACTION (Rule 39, Sec. 6)
In case of insufficiency,
Modes of Enforcement of Execution: then out of real property

MODE WHEN ENFORCED Remedies Against a Writ of Execution

Within 5 years from date of entry of
By Motion 1. If there is a defect in the writ, file a motion to
judgment
After the lapse of 5 years from date of quash the writ of execution
By a. Quashal is proper when:
entry and before it is barred by statute
Independent (1) A change in the situation of the parties
of limitations which is 10 years from
Action renders execution inequitable
date of entry (Art. 1144(3))
(2) Issued against wrong party
NOTE: The revived judgment may be enforced by motion (3) Issued without authority
within 5 years from date of its entry and thereafter by (4) Improvidently issued
action before it is barred by statute of limitations. (5) Defective in substance
(6) Judgment already satisfied; and
Once the judgment is revived, the 10-year prescriptive (7) The controversy was never submitted to
period commences to run from the date of finality of the the court
REVIVED JUDGMENT and not the original judgment. (8) Where the writ varies the terms of the
judgment
(9) It is sought to be enforced against
ISSUANCE AND CONTENTS OF A WRIT OF EXECUTION property exempt from execution
(Rule 39, Sec. 8) (10) Where there is ambiguity in the
terms of the judgment
Contents of the Writ of Execution
1. Issued in the name of the Republic from the court b. If motion to quash is denied, appeal from
which granted the motion said denial
2. States the name of the court, case number and
title, dispositive part of judgment or order 2. An order granting the issuance of the writ is not
3. Requiring the sheriff or other proper officer to appealable, except where:
whom it is directed to enforce the writ according a. The order varies the terms of the judgment,
to its terms or
4. In all cases, it shall also specifically state the b. Where, being vague, the court renders what
amount of interest, cost, damages, rents, or is believed to be a wrong interpretation
profits due as well as the principal obligation

Manner of Execution

To satisfy judgment plus

If it be against property of
interest out of his real or
judgment obligor
personal property
If it be against real or
personal property in the
hands of personal
To satisfy judgment with
representatives, heirs,
interest out of such
devisees, legatees, tenants,
or trustees of judgment
obligor
To sell such property
described
If it be for sale of real or
personal property Then apply proceeds in
conformity with judgment

To deliver possession of
the same, describing it, to
If it be for delivery or the party entitled thereto
possession of real or
personal property Then to satisfy any costs,
damages, rents, or profits
covered by the judgment
 EXECUTION FOR JUDGMENTS OF MONEY placed under sheriff’s guards. Without valid levy having
been made, any sale of the property thereafter is void.
If the award is for payment of money, execution is
enforced by: (Rule 39, Sec. 9)
1. Immediate payment on demand Conditions to be met before resort to satisfaction by levy:
2. Satisfaction by levy 1. If the judgment obligor cannot pay all or part of
3. Garnishment of debts and credits the obligation then the officer shall levy upon the
properties of the judgment obligor
IMMEDIATE PAYMENT ON DEMAND 2. Characteristics of properties to be levied
a. Properties of every kind and nature
Procedure: whatsoever
1. The officer shall demand from judgment obligor b. Which may be disposed of for value
the immediate payment of the full amount stated c. Not otherwise exempt from execution
in the writ and all lawful fees
Procedure:
2. The judgment obligor shall pay the amount of the 1. The judgment obligor have the option to
judgment debt immediately choose which property or part
a. Payable in Cash, Certified bank check payable thereof may be levied upon, sufficient to satisfy
to judgment obligee, or any other form of judgment
payment acceptable to judgment obligee
(1) In no case shall sheriff demand that any 2. If judgment obligor does not exercise the option:
payment by check be made payable to a. The officer shall first levy on personal
him properties, if any
(2) Amount of judgment under proper b. If personal properties are insufficient, then
receipt directly to the judgment obligee on the real properties
or his authorized representative if
present at time of payment 3. Sheriff shall sell only sufficient portion of
personal or real property of the judgment obligor
b. If judgment oblige or his representative is levied upon
present to receive payment:
(1) Judgment obligor shall delver payment 4. If there is more property than is sufficient to
to executing sheriff satisfy judgment and lawful fees, then sell only so
(2) Sheriff shall turn over the amounts much as is sufficient
within the same day to the clerk which
issued the writ or deposit the amounts
to a fiduciary account in the nearest GARNISHMENT OF DEBTS AND CREDITS
government depository bank of the RTC
of the locality Garnishment is considered as a species of attachment for
reaching credits belonging to the judgment debtor and
3. The judgment obligor shall pay the lawful fees owing to him from a stranger to the litigation
handed over to the sheriff. Sheriff shall turn over
the said amount within the same day to the clerk The Officer may levy on:
that issued the writ 1. Debts due the judgment obligor and other credits,
2. Including bank deposits, financial interests,
4. If there is any excess it shall be delivered to the royalties, commissions,
judgment obligor. Lawful fees shall be retained 3. And other personal property not capable of
by the clerk manual delivery in possession and control of
third parties

SATISFACTION BY LEVY The process of levying shall be called garnishment if the

property involved is money, stocks, or other incorporeal
Levy is the act whereby a sheriff sets apart or property in the HANDS OF THIRD PERSONS. Garnishment
appropriates for the purpose of satisfying the command merely sets apart such funds but does not constitute the
of the writ, a part or the whole of the judgment debtor’s creditor as owner of the garnished property.
property.
Garnishment is not a violation of RA 1405 on the secrecy
Levy means the act or acts by which an officer sets apart of bank deposits. [Chinabank v. Ortega (1973)]
or appropriates a part or the whole of the property of the
judgment debtor for purposes of the prospective Notes: Upon service of the writ of garnishment, the
execution sale [Llenares v. Vandevella (1966)]. garnishee becomes a “virtual party” or “forced
intervenor” to the case and the trial court thereby
If susceptible of appropriation, the officer removes and acquires jurisdiction to bind the garnishee to comply with
takes the property for safekeeping; otherwise the same is its orders and processes. [BPI v. Lee (2012)]
UP’s funds, being government funds, are not subject to EXECUTION OF JUDGMENTS FOR SPECIFIC
garnishment. Moreover, The execution of the monetary ACTS
judgment against the UP was within the primary
jurisdiction of the COA. [UP v. Dizon (2012)] When proper: (Rule 39, Sec. 10)
1. Resorted to if the judgment directs a party to:
Procedure: a. Execute a conveyance of land or personal
1. Levy shall be made by serving notice upon: property, or
a. The person owing such debts, or b. Deliver deeds or other documents, or
b. Having in his possession or control such c. Perform any other specific act in connection
credits to which judgment obligor is entitled therewith.
2. AND the party fails to comply within the time
2. Garnishment to cover only such amount as will specified
satisfy judgment and lawful fees
Procedure:
3. If there are 2 or more garnishees, holding 1. Court may direct the act to be done
deposits or credits sufficient to satisfy judgment, a. At the cost of disobedient party
judgment obligor shall have the right to indicate b. Or by some other person appointed by the
the garnishee/s who shall be required to deliver. court
Otherwise, the choice shall be made by judgment
obligee 2. In case of directing conveyance of real or
personal property located in the Philippines:
4. The garnishee shall make a written report to the a. Court may divest the title of any party and
court within 5 days from service of notice of vest it in others by court order
garnishment. The report shall state whether: b. This shall have the force and effect of
a. Judgment obligor has sufficient funds or conveyance executed in due form
credits to satisfy judgment, OR
b. Judgment obligor has insufficient funds or Sale of real or personal property
credits to satisfy judgment
If judgment is rendered ordering the sale of real or
5. Garnish the amount which may be in cash, or personal property, an order for execution shall be issued
certified bank check issued in the name of describing such property as may be ordered sold, selling
judgment obligee it, and applying the proceeds in conformity with the
judgment’s instructions.
6. Garnished amount shall be delivered directly to
judgment obligee within 10 working days from
service of notice on said garnishee requiring such Delivery or restitution of real property
delivery
The officer shall demand of the person against whom the
7. Follow procedure under “Immediate Payment on judgment for the delivery or restitution of real property is
Demand” with respect to delivery rendered and all persons claiming rights under him to
peaceably vacate the property within three (3) working
8. Lawful fees shall be paid directly to court days, and restore possession thereof to the judgment
obligee.

Otherwise, the officer shall oust all such persons

therefrom with the assistance, if necessary, of appropriate
peace officers, and employing such means as may be
reasonably necessary to retake possession, and place the
judgment obligee in possession of such property.

Any costs, damages, rents or profits awarded by the

judgment shall be satisfied in the same manner as a
judgment for money.

Removal of improvements on property subject of execution

When the property subject of the execution contains

improvements constructed or planted by the judgment
obligor or his agent, the officer shall not destroy, demolish
or remove said improvements except upon special order
of the court, issued upon motion of the judgment obligee
after the hearing and after the former has failed to
remove the same within a reasonable time fixed by the EXECUTION OF SPECIAL JUDGMENTS
court.
When Proper: (Rule 39, Sec. 11)
Delivery of personal property
When a judgment requires performance of any other act
In judgment for the delivery of personal property, the than those mentioned in Sec. 9 and 10.
officer shall take possession of the same and forthwith
deliver it to the party entitled thereto and satisfy any Special Judgment is one which can only be complied with
judgment for money as therein provided. by the judgment obligor because of his personal
qualifications or circumstances. It requires performance
of an act other than payment of money or sale or delivery
of property. A special judgment may be enforced by
contempt if defendant refuses to comply

Procedure:
1. A writ of execution shall be issued. Attached to
this is a certified copy of the judgment

2. Service by the officer upon:

a. The party against whom the same is
rendered, or
b. Any other person required thereby, or by
law, to obey the same

3. Failure of such party to obey the judgment is

punishable by contempt

Examples:
1. A judgment in mandamus to reinstate petitioner
as chief clinic of the hospital (Vital-Gozon v. CA)
2. A judgment directing petitioner to vacate the
land which is a judgment to deliver possession of
real property and not special judgment. No
contempt for refusal (Moslem v. Soriano)
3. A judgment directing defendant to remove a
fence from a certain place is a special judgment
(Marquez v. Marquez)
 EFFECT OF LEVY ON THIRD PERSONS PROPERTIES EXEMPT FROM EXECUTION
The levy on execution shall create a lien in favor of the General Rule: Except as otherwise expressly provided by
judgment obligee over the right, title and interest of the law, the following property, and no other, shall be exempt
judgment obligor in such property at the time of the levy, from execution (Rule 39, Sec. 13)
subject to liens and encumbrances then existing. (Rule 39, 1. The judgment obligor's family home as provided
Sec. 12) by law, or the homestead in which he resides, and
land necessarily used in connection therewith;
NOTE: The power of the court in execution extends only
over properties UNQUESTIONABLY belonging to 2. Ordinary tools and implements personally used
judgment debtor. by him in his trade, employment, or livelihood;

3. Three horses, or three cows, or three carabaos, or

other beasts of burden, such as the judgment
obligor may select necessarily used by him in his
ordinary occupation;

4. His necessary clothing and articles for ordinary

personal use, excluding jewelry;

5. Household furniture and utensils necessary for

housekeeping, and used for that purpose by the
judgment obligor and his family, such as the
judgment obligor may select, of a value not
exceeding one hundred thousand pesos;

6. Provisions for individual or family use sufficient

for four months;

7. The professional libraries and equipment of

judges, lawyers, physicians, pharmacists,
dentists, engineers, surveyors, clergymen,
teachers, and other professionals, not exceeding
three hundred thousand pesos in value;

8. One fishing boat and accessories not exceeding

the total value of one hundred thousand pesos
owned by a fisherman and by the lawful use of
which he earns his livelihood;

9. So much of the salaries, wages, or earnings of the

judgment obligor for his personal services within
the four months preceding the levy as are
necessary for the support of his family;

10. Lettered gravestones;

11. Monies, benefits, privileges, or annuities accruing

or in any manner growing out of any life
insurance;

12. The right to receive legal support, or money or

property obtained as such support, or any
pension or gratuity from the Government;

13. Properties specially exempted by law. (e.g.,

property mortgaged to the DBP [Section 26, CA
458]; savings of national prisoners deposited
with the POSTAL SAVINGS BANK [Act 2489];
benefits from private retirement systems of
companies and establishments with limitations
[RA 4917]; laborer’s wages except for debts
incurred for food, shelter, clothing and medical
attendance [ART 1708, CIVIL CODE]; benefit
 payments from SSS [Section 16, RA 1161 AS RETURN OF WRIT OF EXECUTION
AMENDED])
Procedure for Return of Writ of Execution if Judgment is
Exception: However, no article or species of property Satisfied within 30 days (Rule 39, Sec. 14)
mentioned in this section shall be exempt from: 1. Writ of execution shall be returnable to the court
1. Execution issued upon a judgment recovered for issuing it immediately after judgment has been
its price, or satisfied in part or in full
2. Upon a judgment of foreclosure of a mortgage
thereon. 2. The return shall set forth the whole of the
proceedings taken
The exemptions MUST BE CLAIMED, otherwise they are
deemed waived. It is not the duty of the sheriff to set off 3. Return is filed with the court
the exceptions on his own initiative. (Herrera v.
Mcmicking, 1909) 4. It shall also be reproduced and copies thereof
furnished to parties

Procedure if Judgment is NOT satisfied within 30 days:

1. Officer shall report to the court stating the reason
for non-satisfaction

2. The writ shall continue in effect during the period

within which judgment may be enforced by
motion

3. Officer shall make a report to the court every 30

days on the proceedings taken thereon, until
either:
a. Judgment is satisfied in full, or
b. Its effectivity expires

4. The periodic reports shall:

a. Set forth the whole of the proceedings taken,
and
b. Be filed with the court
c. Be reproduced and copies thereof furnished
to parties

NOTE: The lifetime of a writ of execution is without limit

for as long as the judgment has not been satisfied.

But it is returnable to the court issuing it immediately

after judgment has been satisfied in full or in part.

The writ shall continue in effect during period within

which the judgment may be enforced by motion which is
5 years from date of entry. After the first 5 years,
judgment becomes dormant and subject to revival action.
PROCEEDINGS WHERE PROPERTY CLAIMED
BY THIRD PERSON Procedure:
1. Claimant files application

CONCEPTS 2. Court conducts summary hearing

a. The court may command that the property
Rule 39, Sec. 16 and other provisions which provide for a be released from the mistaken levy and
mode of recovering property allegedly to have been restored to rightful owner or possessor
wrongfully taken by sheriff pursuant to a writ of b. If claimant’s proofs do not persuade, the
execution or other process, refers to a STRANGER to an claim will be denied by the court
action.
3. Note however that the court determination is
Remedies of Third-Party Claimant: limited
1. Summary hearing before the court which a. Limited only to a determination of whether
authorized the execution the sheriff has acted rightly or wrongly in
2. “Terceria” or third-party claim filed with the performance of his duties
sheriff (Rule 39, Sec. 16) b. The court does not and cannot pass upon the
3. Action for damages on the bond posted by the question of title. It can treat of the matter
judgment creditor only insofar as may be necessary to decide if
4. Independent reivindicatory action sheriff acted correctly or not

The aforementioned are cumulative remedies and may be

resorted to by a third-party claimant independently of or TERCERIA
separately from and without need of availing of the
others. [Sy v. Discaya (1990)] Independent of the foregoing, a third-party claimant may
also avail of the remedy of Terceria. Terceria is provided
For a Third-Party Claim to be Sufficient: in Sec. 16, Rule 39.
1. Must be filed by a person other than the
defendant or his agent, at any time before sale This is an action for damages by claimant against officer
2. Must be under oath or supported by affidavit within 120 days from date of filing of bond for taking or
stating the claimant’s title to, or right of keeping the property subject of the terceria
possession of, the property, and grounds therefor
3. Must be served upon the officer making levy and Procedure
a copy thereof upon the judgment creditor 1. Claimant serves on the officer making levy an
affidavit of his title and a copy thereof to
The timing of the filing of the claim is important because judgment creditor
it determines the remedies available to the claimant:
1. If the claim is filed under Rule 39, Sec. 16: 2. Officer shall not be bound to keep property
a. Claimant may vindicate his claim in a a. Unless judgment creditor, or his agent, on
separate action demand of officer, posts indemnity bond not
b. Intervention is no longer allowed since lesser nor greater than value of property
judgment has already been rendered
3. Where a third-party claim has been filed in due
2. If the claim is filed under Sec. 14, Rule 57 form:
(Attachment) or under Sec. 7, Rule 60 (Replevin) a. Prevailing party can compel the sheriff to
a. Claimant may vindicate his claim by proceed by filing of a bond to answer for
intervention as he has a legal interest in the damages as a consequence of the execution
matter of litigation b. If sheriff proceeds with the sale without such
b. Intervention is allowed as these actions are bond, he will be personally liable for such
still pending in court damages as may be sustained by and
awarded to the claimant
Effect of Third-Party Claim: When a third-party claim is
filed, sheriff is not bound to proceed with the levy of the 4. Action against Indemnity
property unless judgment creditor or latter’s agent posts a. Action against indemnity bond must be filed
an indemnity bond against the claim. within 120 days from date of filing of the
bond
b. After lapse of 120 days, no claim for damages
SUMMARY HEARING BEFORE COURT AUTHORIZING for taking or keeping of property may be
EXECUTION enforced against the bond

A third-person whose property was seized by a sheriff to The right of a third-party claimant to file a terceria is
answer for an obligation of a judgment debtor may invoke founded on his title or right of possession. Corollary
the supervisory power of the court which authorized such thereto, before the court can exercise its supervisory
execution power to direct the release of the property mistakenly
levied and the restoration thereof to its rightful owner,
the claimant must first unmistakably establish his RULES ON REDEMPTION
ownership or right of possession thereon. (Magdalena T.
Villasi v. Filomena Garcia, substituted by his heirs, namely,
Ermelinda H. Garcia, et al, 2014) WHEN AVAILABLE
1. For personal property – there is NO right of
In Spouses Sy v. Hon. Discaya (1990]), SC declared that for redemption as the sale is absolute
a third-party claim or a terceria to prosper, the claimant 2. For real property – right of redemption is
must first sufficiently establish his right on the property available

WHO MAY REDEEM REAL PROPERTY SO SOLD (Rule

REINVINDICATORY ACTION 39, Sec. 27)

The aforesaid remedies are nevertheless without Who may redeem:

prejudice to any proper action that third-party claimant 1. Judgment obligor, or his successor in interest, in
may file to vindicate his claim over the property the whole or any part of the property
(ownership claim). This action is separate and 2. Remptioner who is a creditor having a lien by
independent virtue of an attachment, judgment or mortgage
on the property sold, subsequent to the lien
Procedure which the property was sold
1. He must institute an action, distinct and separate
from that which the judgment is being enforced, Successors-in-interest - They include, among others, one to
with the court of competent jurisdiction whom the debtor has conveyed HIS INTEREST in the
property for purposes of redemption
2. No need to file a claim in the court which issued a
writ. The latter is not a condition sine qua non for The Redemptioner
the former.
He is a creditor with a lien SUBSEQUENT to the judgment
3. In such proper action, validity and sufficiency of which was the basis of the execution sale.
title of claimant will be resolved.
Unlike the judgment debtor, a redemptioner must prove
4. A writ of preliminary injunction against sheriff his right to redeem by producing the documents required
may be issued in Sec. 30, to wit:
1. Copy of the judgment or final order under which
he claims the right to redeem certified by the
clerk wherein judgment or final order was
entered OR
2. If he redeems upon a mortgage or other lien, a
memorandum of the record thereof, certified by
the Register of Deeds; OR
3. An original or certified copy of any assignment
necessary to establish his claim; OR
4. An affidavit executed by him or his agent
showing the amount then actually due on the lien
(Sec. 30)

If the lien of the creditor is PRIOR to the judgment under

which the property was sold:
1. He is not a redemptioner
2. He cannot redeem since his interests in his lien
are fully protected. Any purchaser at a public
auction takes the same subject to such prior lien
which he has to satisfy

WHEN CAN REDEMPTION BE MADE (Rule 39, Sec. 28)

WHO WHEN
By the JUDGMENT Within 1 year from date of
DEBTOR registration of certificate of sale
By FIRST Within 1 year from date of
REDEMPTIONER registration of certificate of sale
BY ALL Within 60 days from last redemption
SUBSEQUENT PROVIDED that judgment debtor has
REDEMPTIONERS not exercised his right of
 redemption 1. Acknowledged by a notary public or other officer
authorized to take acknowledgements of
In all cases, judgment debtor shall have the entire 1 year conveyances of real property
period from date of registration of sale to redeem the 2. Filed and recorded in the registry of deeds of the
property. If judgment debtor redeems, no further place which the property is situated
redemption is allowed (Sec. 29). 3. Registrar must note the record on the margin of
the record of the certificate of sale
NOTE: There is no extension or interruption of
redemption period.
RIGHTS PENDING REDEMPTION (Rule 39, Sec. 31 and
32)
REDEMPTION PRICE
Right of Judgment Creditor Pending Redemption
1. By the Judgment Debtor or First Redemptioner: 1. Apply for injunction to restrain the commission
a. Purchase PRICE of waste on the property
b. 1% INTEREST thereon up to time of
redemption Rights of the Judgment Debtor Pending Redemption
c. Any amount of ASSESSMENTS OR TAXES 1. Remain in possession of the property
which purchaser may have paid after 2. Cannot be ejected
purchase as well as interest on such last 3. Use the property in the same manner it was
named amount at the same rate previously used
d. If purchaser is also a creditor having a PRIOR 4. Make necessary repairs to buildings thereon
LIEN to that of redemptioner, other than the while he occupies the property
judgment under which such purchase was 5. Use it in the ordinary course of husbandry (Sec.
made, the AMOUNT of such OTHER LIEN, 31); and
also with interest 6. Collect rents, earning and income derived from
property until the expiration of period of
2. By all Subsequent Redemptioners redemption
a. AMOUNT paid on last redemption
b. 2% INTEREST thereon
c. Any amount of ASSESSMENTS OR TAXES EXPIRATION OF REDEMPTION PERIOD (Rule 39, Sec.
which purchaser may have paid after 33)
purchase as well as interest on such last
named amount at the same rate Judgment obligor shall have the entire period of ONE
d. Amount of any LIENS held by said last YEAR from date of registration of sale to redeem the
redemptioner prior to his own, also with property
interest
Entitlement to a CONVEYANCE and POSSESSION:
NOTE: The redemption price for subsequent redemption 1. To the PURCHASER
shall be the same, so the price becomes higher and higher.  If there is no redemption made within 1 year
from date of registration of the certificate of
sale
EFFECT OF REDEMPTION BY THE JUDGMENT 2. To the LAST REDEMPTIONER
OBLIGOR (Rule 39, Sec. 29)  If there was redemption, and 60 days have
elapsed and no other redemption has been
If Judgment debtor redeems the property: made
1. No further redemption is allowed  Notice must have been given, and the
2. He is restored to his estate redemption period has elapsed

When a judgment debtor redeems the property, what is Two Documents which the Sheriff Executes in case of Real
effected is the elimination of the lien created by the levy Property
on attachment or judgment on the registration of 1. CERTIFICATE OF SALE
mortgage thereon. Note that he never lost ownership so  After auction sale, he will execute in favor of
there is no recovery of ownership. the purchaser the certificate of sale under
Sec. 25
Payments mentioned in Sec. 28 and 29 may be made to the:  From registration of said certificate, the one
1. Purchaser, or year redemption period starts
2. Redemptioner, or  Certificate of sale after execution sale is
3. For him to the officer who made the sale merely a memorial of the fact of sale and
does not operate as conveyance
The person to whom redemption payment is made must
execute and deliver to him a CERTIFICATE OF 2. DEED OF CONVEYANCE
REDEMPTION  Issued if after expiration of redemption
period there is no redemption
  Operates to transfer to purchaser whatever b. Where? Before a judge or commissioner
rights the judgment debtor had in the appointed by him at a time and place where
property such debtor resides or is found
 The effect of a final deed of sale transfers the c. Effect: Service of order shall bind all credits
right as of the time of the levy due to judgment debtor and all money and
property
d. This rule is not applicable if there is no issue
RECOVERY OF PRICE IF SALE IS NOT EFFECTIVE (Rule concerning the indebtedness of the person
39, Sec. 34)
3. SEC. 37 – If after examination, court finds
Purchaser may recover the purchase price WHEN: property of the judgment debtor, either in his
1. Purchaser or his successor-in-interest fails to own hands or that of any a person, court may
recover possession the property; or order the property applied to the satisfaction of
2. Evicted due to: judgment
a. Irregularities in the proceedings concerning a. SEC. 39 - Note that the person indebted to
the sale; or judgment obligor may pay to the sheriff
b. Judgment has been reversed or set aside; or holding the writ the amount of his debt or so
c. The property sold was exempt form much thereof as may be necessary to satisfy
execution; or the judgment
d. A third person has vindicated his claim to the
property 4. SEC. 38 – A party or other person may be
compelled to attend before the court or
Remedies of the Purchaser commissioner to testify as provided in Sec. 36
1. File a motion in the same action or file a separate and 37
action to recover from judgment creditor the a. This must be done by order of the court or by
price paid subpoena
2. File a motion for revival of judgment in his name b. Failure to obey: Contempt
against judgment debtor; or c. All examinations and answers must be under
3. Bring an action to recover possession of property oath

Effect of revived judgment – it has the same force and 5. SEC. 40 – Order for application of property and
effect as an original judgment would have as of the date of income to satisfaction of judgment
revival and no more a. Court may order any property of judgment
debtor, or any money due him, or in the
hands of another to be applied to the
REMEDIES OF JUDGMENT CREDITOR IN AID OF satisfaction of judgment
EXECUTION OR IF JUDGMENT IS NOT FULLY b. If the court finds the earning of the judgment
SATISFIED (Rule 39, Sec. 36 – 43) debtor for his personal services are MORE
than sufficient for his family’s needs, it may
1. SEC. 36 – If execution is returned unsatisfied, he order payment in FIXED MONTHLY
may cause examination of the judgment debtor as INSTALLMENTS
to his property and income c. Failure to do so: Punish for contempt
a. When: At any time after return is made
b. The court issues an order requiring the 6. SEC. 41 – Appointment of a Receiver
judgment debtor to appear and be examined a. Court may appoint a receiver for the
c. Limitations on examination: property of judgment debtor not exempt
(1) Judgment debtor cannot be made to from execution
appear before a judge or commissioner b. Court may also forbid disposition or
outside the province where debtor interference with the property
resides
(2) He may no longer be examined after 7. SEC. 42 – Sale of Ascertainable Interest of
lapse of 5 years within which a judgment Judgment Obligor in Real Estate by Receiver
may be enforced by motion for execution a. Requisites:
(Umali v. Coquia) (1) The court finds that the judgment debtor
has an ascertainable interest in real
2. SEC. 37 – He may cause examination of the property
debtor of the judgment debtor as to any debt (2) Such interest can be ascertained without
owed by him or to any property of the judgment controversy
debtor in his possession b. If the requisites are met, the court can order
a. Requisites: the sale of such interest. Procedure is the
(1) The writ must be returned unsatisfied; same as in sale of real estate upon execution
and
(2) Proof that person, corporation, or other 8. SEC. 43 – Institution of an action to recover
legal entity has property of such property
judgment debtor or is indebted to him
a. If person alleged to have property of EFFECT OF JUDGMENT OR FINAL ORDERS
judgment debtor or person indebted to him,
claims an adverse interest in the property or Rule 39, Sec. 47 refers to judgments which are considered
denies his debt as conclusive and may be rebutted directly by means of
b. Court may authorize judgment creditor to relief from judgment or annulment of judgment or
bring an action to recover the property, indirectly by offering them in evidence under the parole
forbid its transfer evidence rule.
c. Action must be instituted within 120 days
from notice of order Immutability of Judgments - Once a judgment attains
d. Failure is contempt finality it thereby becomes immutable and unalterable
e. Such order may be modified or vacated at
any time by the court
DUAL ASPECT OF RES JUDICATA

1. Bar by Former Judgment - Direct Estoppel by

Judgment; covers paragraph (a) and (b)
2. Conclusiveness of Judgment –Estoppel by Verdict,
Estoppel by Record, Collateral Estoppel by
Judgment or Preclusion of Issues or Rule of Auter
Action Pendant; it covers paragraph (c)

BAR BY FORMER CONCLUSIVENESS OF

JUDGMENT JUDGMENT
There is only identity of
There is identity of
parties and subject matter
parties, subject matter,
Cause of action are
and causes of action
different
The first judgment is
The first judgment conclusiveness only as to
constitutes as an absolute matters directly adjudged
bar to all matters directly and actually litigated in the
adjudged and those that first action.
might have been adjudged The second action can be
prosecuted
Preclusion of claims Preclusion of issues only

BAR BY FORMER JUDGMENT

Res judicata is a rule that a final judgment rendered by a

court of competent jurisdiction on the merits is
conclusive as to the rights of the parties and their privies,
and, as to them, constitutes an absolute bar to a
subsequent action involving the same claim, demand, or
causes of action.

IN REM IN PERSONAM
(Paragrah A) (Paragraph B)
The judgment or final
order is CONCLUSIVE as
Decision is CONCLUSIVE
between parties and their
upon title the thing, will or
successors in interest,
administration of
litigating for the same
condition, status or
thing and under the same
relationship of the person
title an in the same
capacity
e.g. land registration e.g. accion reinvindicatoria

Bar by prior judgment is a preclusion of claims - The first

judgment is a bar to the prosecution of a second action
upon the same claim, demand, or cause of action

Requisites:
1. A FINAL judgment or order
 2. JURISDICTION over the subject matter and the Issue Preclusion – The first judgment precludes the re-
parties by the court rendering it litigation of a particular fact or issue in another action
3. Judgment UPON MERITS between the same parties on a different cause of action.
4. Between the TWO CASES, there is:
a. IDENTITY OF PARTIES Requisite: Identity of ISSUES
b. IDENTITY OF SUBJECT MATTER
c. IDENTITY OF CAUSE OF ACTION
RES JUDICATA v. LAW OF THE CASE v. STARE DECISIS
General Rule: For res judicata to apply, trial must be made
on the merits of the case. Stare Decisis - When the SC has laid down a principle of
law applicable to a certain state of facts, it will adhere to
Exception: Section 3, Rule 17 of ROC: If plaintiff fails to that principle and apply to it all future cases where the
appear at the time of the trial , or to prosecute his action facts are substantially the same
for an unreasonable length of time, or to comply with
these rules or any order of the court, the action may be Doctrine of the Law of the Case - Whatever is once
dismissed upon motion of the defendant or upon the irrevocably established as the controlling legal rule or
court's own motion . This dismissal shall have the effect of decision between the same parties in the case continues
an adjudication upon the merits , unless otherwise to be the law of the case whether correct on general
provided by court. [Development Bank v. CA] principles or not, so long as the facts on which such
decision was predicated continue to be the facts of the
Res Judicata in Judgments in Rem case before the court.

As discussed in Ayala Corp. v. Rosa-Diana Realty, 2000:

Judgments or final order Conclusive as to
Res Judicata “Law of the Case” Stare Decisis
Against a specific thing Title of the thing Operates only in
The ruling in
The will or administration. the particular and
one case is
However, the probate of a single case where
carried over to
Probate of a will or will or granting of letters of the ruling arises
another case
administration of the estate administration shall only and is not carried
between the
of a deceased person be prima facie evidence of into other cases as
same parties
the death of the testator or a precedent
intestate; Once a point of
in respect to the personal, law has been
political, or legal condition established by the
Condition, status or The ruling
or status of a particular court, that point
relationship of the person, adhered to in the
person or his relationship of law will,
particular case
to another generally, be
need not be
followed by the
followed as a
Res Judicata in Judgments in Personam same court and by
precedent in
all courts of lower
subsequent
In other cases, the judgment or final order is, with respect rank in
litigation between
to the matter directly adjudged or as to any other matter subsequent cases
other parties
that could have been missed in relation thereto, where the same
conclusive: legal issue is
1. Between the parties and raised
2. Their successors in interest, by title subsequent
to the commencement of the action or special
proceeding, litigating for the same thing and
under the same title and in the same capacity.

CONCLUSIVENESS OF JUDGMENT

Preclusion of issues (auter action pendant)

In any other litigation between the same parties or their

successors in interest, that only is deemed to have been
adjudged in a former judgment or final order which
appears upon its face to have been so adjudged, or which
was actually and necessarily included therein or
necessary thereto.
 EFFECT OF FOREIGN JUDGMENTS OR FINAL proceedings and the giving of due notice in the foreign
ORDERS forum.

Before our courts can give the effect of res judicata to a

PUBLIC POLICY PRINCIPLE foreign judgment, it must be shown that the parties
opposed to the judgment had been given ample
A judgment by a foreign court is enforceable only within opportunity to do so on grounds under Section 48 of Rule
its territorial jurisdiction. 39 of the Rules of Court. [Roehr v. Rodriguez (2003)]

A valid judgment rendered by a foreign tribunal may be

recognized insofar as the immediate parties the
underlying cause of action are concerned so long as it is
convincingly shown that:
1. There has been an opportunity for a fair hearing
before a court of competent jurisdiction
2. Trial upon registered proceedings has been
conducted
3. There is nothing to indicate either a prejudice in
court and in the system of laws under which it is
sitting or fraud in procuring the judgment
[Philippine Aluminum v. Fasgi Enterprises (2000)]

Such limitation on the review of foreign judgment is

adopted in all legal systems to avoid repetitive litigation
on claims and issues, prevent harassment of the parties
and avoid undue imposition on the courts.

This policy of preclusion rests on principles of comity,

utility and convenience of nations.

As a generally accepted principle of international law, it is

part of the law of the Philippines by virtue of the
Incorporation Clause [Section 2, Article II of the 1987
Constitution] [Regalado]

Two Ways of Giving Effect to Foreign Judgment:

1. An ordinary action to enforce the foreign
judgment may be filed in court; or
2. It may be pleaded in an Answer or a Motion to
Dismiss.

EFFECT OF FOREIGN JUDGMENTS (Rule 39, Sec. 48)

NATURE EFFECT
In judgments against a Judgment is CONCLUSIVE
specific thing (in rem) upon the title to the thing
Judgment is PRESUMPTIVE
evidence of a right as
In judgments against a
between parties and their
person (in personam)
successors-in-interest by a
subsequent title

In both cases, judgment may be repelled by evidence of:

1. Want of jurisdiction
2. Want of notice
3. Collusion
4. Fraud
5. Clear mistake of law or fact

A foreign judgment is presumed to be valid and binding in

the country from which it comes, until a contrary
showing, on the basis of a presumption of regularity of
PROVISIONAL
PRELIMINARY ATTACHMENT
DEFINITION

REMEDIES A provisional remedy issued upon order of the court

where an action is pending to be levied upon the property
of the defendant so the property may be held by the
NATURE OF PROVISIONAL REMEDIES sheriff as security for the satisfaction of whatever
judgment may be rendered in the case [Davao Light v CA
Provisional remedies are writs and processes available ](1991)
during the pendency of the action which may be resorted
to by a litigant for the preservation or protection of their PURPOSES
rights and interests therein pending rendition, and for 1. To seize the property of the debtor in advance of
purposes of the ultimate effects, of a final judgment in the final judgment and to hold it for purposes of
case; also known as ancillary or auxiliary remedies. satisfying the said judgment.
2. To enable the court to acquire jurisdiction over
They are applied to a pending litigation, for the purpose the action by the actual or constructive seizure of
of securing the judgment or preserving the status quo, and the property in those instances where personal
in some cases after judgment, for the purpose of service of summons on the creditor cannot be
preserving or disposing of the subject matter. [Calo v. effected. [Quasha v. Juan (1982)]
Roldan (1946)]

Orders granting or denying provisional remedies are GROUNDS FOR ISSUANCE (Rule 57, Sec. 1)
merely interlocutory and cannot be the subject of an
appeal. They may however be challenged before a There are only specific situations where preliminary
superior court through a petition for certiorari under Rule attachment may issue. The grounds are EXCLUSIVE:
65.
1. Action for recovery of a specified amount of
The Provisional Remedies under the Rules of Court money or damages, EXCEPT moral and
1. Preliminary Attachment (Rule 57) exemplary,
2. Preliminary Injunction (Rule 58) a. On a cause of action arising from law,
3. Receivership (Rule 59) contract, quasi-contract, delict, or quasi-
4. Replevin (Rule 60) delict
5. Support Pendente Lite (Rule 61) b. Against a party who is about to depart from
the Philippines with intent to defraud his
NOTE: The enumeration above is not exclusive. The creditors;
court may invoke its equity jurisdiction and order the
appropriate reliefs during the pendency of an action 2. Action for money or property, embezzled or
fraudulently misapplied or converted to his own
use by either:
JURISDICTION OVER PROVISIONAL a. A public officer, an officer of a corporation,
REMEDIES an attorney, factor, broker, agent, or clerk, in
the course of his employment as such,
The court which grants or issues a provisional remedy is b. OR by any other person in a fiduciary
the court which has jurisdiction over the main action. capacity, or for a willful violation of duty;

Inferior courts may also grant all appropriate provisional 3. Action to recover the possession of property
remedies in an action pending with it and is within its unjustly or fraudulently taken, detained or
jurisdiction (Sec. 33, (1), BP 129) converted,
a. When the property, or any part thereof, has
been concealed, removed, or disposed of to
prevent its being found or taken by the
applicant or an authorized person;

NOTE: rule makes no distinction between

real and personal property [Riano]

4. Action against a party who has been guilty of a

fraud in contracting the debt or incurring the
obligation upon which the action is brought, OR
in the performance thereof;

NOTE: the delivery of counterfeit money

or knowingly issuing a bounced check
 are considered as grounds under this 2. May be issued pursuant to a separate motion for
rule [Riano] attachment whenever the writ is not prayed for
in the original complaint
5. Action against a party who has removed or
disposed of his property, or is about to do so, Three Stages in the Grant of a Preliminary Attachment:
AND with intent to defraud his creditors; or 1. The court issues the order granting the
application
6. Action against a party who does not reside and is 2. Writ of attachment issues pursuant to the order
not found in the Philippines, OR on whom granting the writ
summons may be served by publication. 3. The writ is implemented

Note: the rule also refers to persons on NOTE: For the initial two stages, it is not
whom summons may be served by necessary that jurisdiction over person of
publication and against whose property, defendant be first obtained
preliminary attachment may be availed
of such as: However, once implementation of writ
(1) Residents defendants whose identity commences, court must have acquired
or whose whereabouts are unknown jurisdiction over the defendant for without such
[Rule 14, Sec. 14] jurisdiction, the court has no power or authority
(2) Resident defendants who are to act
temporarily out of the country [Rule
14, Sec. 16] Issuance of the Order of Attachment
1. The order may be issued either:
a. Ex parte (service of summons to defendant
REQUISITES FOR PRELIMINARY ATTACHMENT TO required)
ISSUE: b. Or upon motion with notice and hearing
1. The case must be any of those where preliminary 2. The order is issued by the court in which the
attachment is proper (Sec. 1, Rule 57) action is pending or the CA, or the SC
2. Applicant must file a motion whether ex parte or
with notice and hearing Contents of the Order of Attachment:
3. Applicant must show by affidavit that there is no 1. It must require the sheriff to attach so much of
sufficient security for the claim sought to be the property of the party against whom it is
enforced and that the amount claimed in the issued as may be sufficient to satisfy applicant’s
action is as much as the sum of which the order is demand
granted above all counterclaims a. Property must be within the Philippines
4. Applicant must post a bond executed to adverse b. And it must not be exempt from execution
party
2. It shall contain an amount for the attachment
A writ of preliminary attachment is too harsh a bond:
provisional remedy to be issued based on a. The amount sufficient to satisfy the
mere abstractions of fraud. Rather, the rules require that applicant’s demand, or
for the writ to issue, there must be a recitation of clear b. The value of the property to be attached as
and concrete factual circumstances manifesting that the stated by applicant
debtor practiced fraud upon the creditor at the time of the
execution of their agreement in that said debtor had a
preconceived plan or intention not to pay the creditor. AFFIDAVIT AND BOND (Rule 57, Sec. 3 and 4)
[Equitable v. Special Steel (2012)]
For the writ to issue, the applicant must submit an
affidavit and post bond. The affidavit and bond required
ISSUANCE AND CONTENTS OF ORDER OF must be duly filed with the clerk before order issues
ATTACHMENT (Rule 57, Sec. 2)
Contents of the Affidavit: The affidavit must establish:
When may one apply: A preliminary attachment may be 1. A sufficient cause of action exists
applied for 2. Cause is one of those mentioned in Sec. 1
1. At the commencement of the action or 3. No other sufficient security for the claim sought
2. At any time before the entry of judgment. to be enforced by action
4. Amount due to applicant or possession of which
Who may apply: It may be applied for by the plaintiff OR is entitled to recover is as much as the sum for
any proper party (including a defendant who filed a which the order is granted above all legal
counterclaim, cross-claim, or a third party complaint) counterclaims

Methods to Procure Preliminary Attachment: Applicant’s Bond: The party applying for the order must
1. Writ may be prayed for in the complaint itself give a bond executed to the adverse party
providing the allegations warranting its issuance 1. Amount is fixed by the court in its order granting
the issuance of the writ
 2. Conditioned that, if the court shall finally adjudge 2. Personal property capable of manual delivery
that applicant was not entitled to the writ, the a. Issue a corresponding receipt therefor
bond will pay: b. Then sheriff takes it and safely keeps it in his
a. All costs which may be adjudged to adverse custody
party and
b. All damages which he may sustain by reason 3. Stocks or Shares, or an Interest therein, of any
of attachment corporation or company
a. Leave a copy of the writ and a notice stating
The bond shall only be applied to all damages sustained that these properties are attached in
due to the attachment. It cannot answer for those that do pursuance of such writ
not arise by reason of the attachment [Riano]. b. Leave these documents with the president,
or managing agent thereof

THE RULE ON PROR OR CONTEMPORANEOUS SERVICE 4. Debts, credits, bank deposits, financial interest,
OF SUMMONS royalties, commissions and other personal
property not capable of manual delivery
General Rule: A writ of attachment may be issued ex parte 1. Leave a copy of the writ and a notice that the
even before the summons is served upon the defendant. debts owing, credits, and other personal
BUT a writ may not be implemented until jurisdiction property are attached in pursuance of such
over the person is acquired by service of summons. writ
Otherwise, the implementation is null and void. [Riano] 2. Leave these documents with:
a. The person owing such debts, or
Exceptions to Contemporaneous Service of Summons: [Rule b. Having in his possession or under his
57, Sec. 5] control, such credits or other personal
1. Summons could not be served personally or by property, or
substituted service despite diligent efforts, or c. With his agent
2. Defendant is a resident of the Philippines
temporarily absent therefrom, or 5. The interest of the party against whom
3. Defendant is a non-resident, or attachment is issued in property belonging to the
4. The action is in rem or quasi in rem. estate of decedent, whether as heir, legatee, or
devisee
a. By service of a copy of the writ, and notice
MANNER OF ATTACHING PROPERTY (Rule 57, Sec. 5) that said interest is attached
b. Service is made to:
The sheriff enforcing the writ shall attach only so much of (1) The executor, or administrator, or
the property in the Philippines of the adverse party not (2) Other personal representative of the
exempt from execution as may be sufficient to satisfy the decedent
applicant’s demand, UNLESS c. Copy of the writ and notice:
1. Party against whom writ is issued makes a (1) Shall be filed with the clerk in which said
deposit with the court from which the writ is estate is being settled, and
issued, or (2) Served upon the heir, legatee, or devisee
2. He gives a counter-bond executed to the concerned
applicant
Property in custodia legis may be attached by:
1. Filing a copy of the writ of attachment with the
ATTACHMENT OF REAL AND PERSONAL PROPERTY proper court or quasi-judicial agency
(Rule 57, Sec. 7) 2. Serving a notice of attachment upon the
custodian of the property [Rule 57, Sec. 7]
1. Real property, or growing crops thereon, or any
interest therein A previously attached property may also be subsequently
a. File with the Registry of Deeds: attached. But the first attachment shall have priority over
(1) A copy of the order together with a subsequent attachments. [Riano]
description of the property
(2) And a notice that the property is
attached PROCEEDINGS WHERE ATTACHED PROPERTY IS
b. The registrar of deeds must index CLAIMED BY THIRD PERSON
attachments in the names of the applicant,
adverse party, or person by whom the A third person who has a claim to the property attached
property is held or in whose name it stands may avail of the following remedies:
in the records
c. If attachment is not claimed on the entire 1. File terceria or third-party claim (Rule 57, Sec. 14)
area of land, description sufficiently accurate a. Note that a third-party claim may be filed
for identification of such shall be included in with the sheriff while has possession of the
the registration
 properties levied upon, this being the only adjudge that applicant was not entitled thereto
time fixed for the purpose (Sec. 4)
b. The claimant makes an affidavit of his title or 3. Until that determination is made, as to applicant’s
right to possession, stating the grounds of entitlement to attachment, his bond must stand
such right or title. The affidavit must be and cannot be withdrawn
served upon the sheriff
c. Substantial identical procedure as in terceria
in Rule 39, Sec. 16 SATISFACTION OF JUDGMENT OUT OF PROPERTY
ATTACHED (Rule 57, Sec. 15)
2. File independent action to recover property; or
Procedure:
3. File motion for intervention 1. Pay to judgment obligee the proceeds of sale of
a. This is available only before judgment is perishable property
rendered 2. If there is any balance that remains due, sell
property as may be necessary to satisfy the
balance if enough remains in the sheriff or those
DISCHARGE OF ATTACHMENT AND COUNTER-BOND of the clerk
3. Collection of property of garnishee and proceeds
After a writ of attachment has been enforced, the party paid to judgment oblige without need of prior
whose property has been attached, or the person permission to file action but may be enforced in
appearing on his behalf, may move for the discharge of the same action
the attachment wholly or in part on the security given. 4. Return must be made within 10 days from
receipt of writ
Ways of Discharging Attachment
1. Counterbond under Sec. 12
2. Motion for Discharge under Sec. 13

Grounds for Discharge of Preliminary Attachment:

1. Debtor has posted a counterbond or has made
the requisite cash deposit (Sec. 12)
2. Attachment was improperly or irregularly issued
(Sec. 13)
a. As where there was no ground for
attachment, or
b. The affidavit and/or bond filed are defective
or insufficient (Sec. 3)
3. Judgment is rendered against attaching creditor
(Sec. 19)
4. Attachment is excessive, but the discharge shall
be limited to the excess (Sec. 13)
5. Property attached is exempt from execution

NOTE: There is a difference between the bond for

issuance of writ and bond for lifting the writ
1. Bond for issuance of writ (Sec. 4) – This is for
damages by reason of the issuance of the writ
2. Bond for lifting of writ (Sec. 5 and 12) – This is to
secure the payment of the judgment to be
recovered

Only the defendant or party whose property is attached

may move for its lifting. If the attachment is proper, the
discharge should be by counterbond under Sec. 12 (KO
Glass v. Valenzuela)

Effect of Dissolution on Plaintiff’s Attachment Bond

1. Dissolution of preliminary attachment upon
security given, or a showing if its irregular
issuance, does not operate to discharge the
sureties on the attachment bond
2. That bond is executed to adverse party
conditioned that the applicant will pay all the
costs which may be adjudged to adverse party
and all damages which he may sustain by reason
of the attachment, if the court shall finally
 PRELIMINARY INJUNCTION
A status quo order is in the nature of a cease and desist
order. It is resorted to when the projected proceedings in
DEFINITIONS AND DIFFERENCES the case made the conservation of the status quo desirable
or essential, but the affected party neither sought such
Injunction is a judicial writ, process, or proceeding relief nor did the allegations in his pleading sufficiently
whereby a party is ordered to do or refrain from doing a make out a case for a temporary restraining order.
particular act
It does NOT direct the doing or undoing of acts but is an
Preliminary Injunction is an ancillary or preventive order to maintain the last, actual, peaceable and
remedy where a court requires a person, a party or even a uncontested state of things which preceded the
court or tribunal either to REFRAIN (prohibitory) from or controversy.
to PERFORM (mandatory) particular acts during the
pendency of an action. It is only a temporary remedy.
Status Quo Anter Order

Injunction Preliminary injunction Directs the maintenance of the condition prevailing

before the promulgation of the assailed decision.
Ancillary; exists only as
part or incident of an It has the nature of a TRO. [Dojillo v. COMELEC, 2006]
Main action
independent action or
proceeding
sole object of which is to REQUISITES:
seeks a judgment 1. There must be a verified application
preserve the status quo
embodying a final 2. The applicant must establish that:
until the merits can be
injunction a. He has a right to relief or a right to be
heard
Based on all evidence protected and
based solely on initial and b. The act against which the injunction is
gathered by court to
incomplete evidence sought violates such right
determine main action
c. There is a need to restrain the commission or
Purpose: To prevent future injury and maintain the status continuance of the acts complained of and if
quo (i.e. the last actual, peaceable, uncontested status not enjoined would work injustice to him
which preceded the pending controversy) for [Knecht v. 3. A bond must be posted unless otherwise
CA, (1993)] exempted by the court
4. The threatened injury must be incapable of
The injunction should not establish new relations pecuniary estimation
between the parties but merely re-establish the pre- 5. Prior notice and hearing for party/person sought
existing relationship between them. to enjoined (except in 72-hour TROs)

TRO v. Injunction
KINDS OF INJUNCTION

Kinds of Injunction:
TRO
Injunction 1. Preliminary Preventive Injunction – Prohibits the
performance of a particular act or acts
May be granted ex parte if
great and irreparable Cannot be granted without
2. Preliminary Mandatory Injunction – Requires the
injury would result notice and hearing
performance of a particular act or acts. This is an
otherwise
extreme remedy which will be granted only on
showing that:
A TRO is issued in order to preserve the status quo until
a. The invasion of the right is material and
the hearing of the application for preliminary injunction.
substantial
[Bacolod City Water v. Labayen (2004)]
b. Right of complainant is clear and
unmistakable
Same requirements for application as preliminary
c. There is an urgent and paramount necessity
injunction.
PRELIMINARY
An application for a TRO shall be acted upon only after all PRELIMINARY
PROHIBITORY
parties are heard in a summary hearing, which shall be MANDATORY INJUNCTION
INJUNCTION
conducted within 24 hours after the sheriff's return of
Purpose is to prevent a
service and/or the records are received by the branch Purpose is to require a
person from the
selected by raffle. [Rule 58, Sec.4 person to perform a
performance of a
particular act
particular act
Status Quo Order v. Injunction The act had not yet been The act has already been
 performed performed and this act has acts probably in violation of the rights of the
violated the rights of applicant respecting the subject of the action or
another proceeding
Status Quo is preserved Status Quo is restored

When preventive injunction does not lie; examples: GROUNDS FOR OBJECTION TO, OR FOR MOTION OF
1. To restrain collection of taxes [Valley Trading v. DISSOLUTION OF, INJUNCTION OR RESTRAINING
CA](1989), except where there are special ORDR (Rule 58, Sec. 6)
circumstances that bear the existence of
irreparable injury. [Churchill & Tait v. Rafferty Grounds for objection or dissolution
(1915)] 1. Upon showing of its insufficiency
2. To restrain the sale of conjugal properties where
the claim can be annotated on the title as a lien, 2. Other grounds upon affidavits of the party or
such as the husband’s obligation to give support. person enjoined. This may be opposed by the
[Saavedra v. Estrada (1931)] applicant by affidavits
3. To restrain a mayor proclaimed as duly elected
from assuming his office. [Cereno v. Dictado 3. If it appears after hearing that although applicant
(1988)] is entitled to injunction or TRO, the issuance or
4. To restrain registered owners of the property continuance thereof, would cause irreparable
from selling, disposing and encumbering their damage to party enjoined while applicant can be
property just because the respondents had fully compensated for such damages as he may
executed Deeds of Assignment in favor of suffer
petitioner. [Tayag v. Lacson (2004)] a. PROVIDED that he files a bond
5. Against consummated acts. [PNB v. Adi (1982); (1) Amount to be fixed by the court
Rivera v. Florendo (1986); Ramos, Sr. v. CA (2) Conditioned that he will pay all damages
(1989)] which the applicant may suffer by denial
or dissolution of the injunction or TRO
When mandatory injunction does not lie; examples
1. To compel cohabitation [Arroyo v. Vasquez If it appears that the extent of the preliminary injunction
(1921)] or restraining order granted is too great, it may be
2. Cancellation of attachment [Levy Hermanos v. modified.
Lacson (1940)]
3. Release imported goods pending hearing before
the Commissioner of Customs. [Commissioner of TEMPORARY RESTRAINING ORDER (TRO)
Customs v. Cloribel (1967)]
4. To take property out of the possession or control General Rule: Before preliminary injunction may be
of one party and place it into that of another granted, there must be prior notice to person sought to be
whose title has not clearly been established [Pio enjoined and there must be a hearing
v. Marcos (1974)]
Procedure: When an application for a writ of preliminary
injunction or TRO is included in a complaint or initiatory
WHEN WRIT MAY BE ISSUED pleading, the case, if filed in a multiple-sala, shall proceed
as follows:
When: It may be issued at ANY stage PRIOR to the 1. Verified complaint and bond is filed
judgment or final order 2. Determine if there is great or irreparable injury
or extreme urgency, which warrants the issuance
Who: It may be granted by the court where the action or of a TRO
proceeding is pending. If the action or proceeding is a. If yes, go to Procedure for Issuance of TRO
pending in the Court of Appeals or in the Supreme Court, 3. In both cases, Notice shall then be served to the
it may be issued by said court or any member thereof. party sought to be enjoined
(Rule 58, Sec. 2) (a) There must be prior and contemporaneous
service of summons (exceptions also apply)

GROUNDS FOR THE ISSUANCE OF PRELIMINARY Procedure for Issuance of TRO:

INJUNCTION (Rule 58, Sec. 3) 1. If it appears that great or irreparable injury
would result to the applicant before the matter
Preliminary injunction may be granted when it is can be heard on notice:
established that: a. Summary hearing on the application of the
1. Applicant is entitled to the relief demanded, or TRO within 24 hours after sheriff’s return of
2. Commission, continuance, or non-performance of service and/or records are received by the
the act complained of would work injustice to branch selected by raffle
applicant, or b. The court may issue a TRO effective for 20
3. Party, court, agency or a person is doing, days from service on the party sought to be
threatening, or is attempting to do, or is enjoined
procuring or suffering to be done, some act or
 Within the 20 day period: IN RELATION TO RA 8975, BAN ON ISSUANCE OF TRO
(1) The applicant must show cause why OR WRIT OF INJUNCTION IN CASES INVOLVING
injunction should not be granted GOVERNMENT INFRASTRUCTURE PROJECTS
(2) The court will determine WON the
preliminary injunction shall be granted. Sec. 3, RA 8975: No court, except the Supreme Court, shall
If granted, the court will issue the issue any TRO, preliminary injunction or preliminary
corresponding order mandatory injunction against the government, or any of
its subdivisions, officials or any person or entity, whether
2. If the matter is of extreme urgency and the public or private acting under the government direction,
applicant will suffer grave injustice and to restrain, prohibit or compel the following acts:
irreparable injury 1. Acquisition, clearance and development of the
a. A TRO may be issued ex parte (after raffling right-of-way and/or site or location of any
of case) ordered by the Executive judge of a national government project
multiple sala court or the presiding judge of a 2. Bidding or awarding of contract/ project of the
single-sala court national government as defined under Section 2
b. Effective for 72 hours from issuance hereof;
(1) The applicant must then immediately 3. Commencement prosecution, execution,
comply with Sec. 4 as to service of implementation, operation of any such contract
summons and documents or project;
(2) The Executive Judge shall then summon 4. Termination or rescission of any such
the parties to a conference and raffle the contract/project; and
case in their presence 5. The undertaking or authorization of any other
lawful activity necessary for such
Within the 72-hr period contract/project.
(1) The Presiding Judge before whom the
case is pending shall conduct a summary This prohibition shall apply in all cases, disputes or
hearing to determine whether the TRO controversies instituted by a private party, including but
shall be extended until application for not limited to cases filed by bidders or those claiming to
preliminary injunction can be heard have rights through such bidders involving such
(2) In no case shall the total period of contract/project.
effectivity of the TRO exceed 20 days,
including the original 72 hours This prohibition shall NOT APPLY when the matter is of
extreme urgency involving a constitutional issue, such
Effectivity of TRO that unless a temporary restraining order is issued, grave
1. Effectivity is not extendible. No court shall have injustice and irreparable injury will arise. The applicant
authority to extend or renew the same on the shall file a bond, in an amount to be fixed by the court,
ground for which it was issued which bond shall accrue in favor of the government if the
2. If issued by the CA – effective for 60 days from court should finally decide that the applicant was not
service entitled to the relief sought.
3. If issued by SC – effective until further orders
Any TRO, preliminary injunction, or preliminary
TRO ISSUED BY mandatory injunction issued in violation of Sec. 3 is void
EXECUTIVE JUDGE and of no force and effect. [Sec 4]
TRO ISSUED BY
(MULTI-SALA) OR
ORDINARY JUDGE
ORDINARY JUDGE
(SINGLE-SALA) RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF
Matter is of extreme SUMMONS IN RELATION TO ATTACHMENT
urgency and that grave If it appears that great or
injustice and irreparable irreparable injury would When an application for a writ of preliminary injunction
injury will arise unless result or a temporary restraining order is included in a
immediately issued complaint or any initiatory pleading, the case, if filed in a
A summary hearing must multiple-sala court, shall be raffled only after notice to
May be issued ex parte and in the presence of the adverse party or the person to
be done before issuance
Good for 20 days including be enjoined. In any event, such notice shall be preceded,
Good for 72 hours or contemporaneously accompanied, by service of
first 72 hours
Issued before raffling Issued after raffling summons, together with a copy of the complaint or
Issued after summary initiatory pleading and the applicant's affidavit and bond,
Issued ex parte upon the adverse party in the Philippines.
hearing

Upon the expiration of the non-extendible period, the TRO Exception:

is automatically terminated. No judicial declaration Where the summons could not be served personally or by
necessary. substituted service despite diligent efforts, or the adverse
party is a resident of the Philippines temporarily absent
therefrom or is a nonresident thereof, the requirement of
prior or contemporaneous service of summons shall not
apply. [Rule 58, Sec.4] The executive judge of a multiple- RECEIVERSHIP
sala court or the presiding judge of a single sala court may
issue ex parte a TRO effective for only 72 hours from NATURE
issuance if the matter is of extreme urgency and the
applicant will suffer grave injustice and irreparable Receiver – A person appointed by the court in behalf of all
injury. However, he shall immediately comply with the the parties to the action for the purpose of preserving and
provisions of Rule 38, Sec. 4 as to service of summons and conserving the property in litigation and prevent its
the documents to be served therewith. [Rule 38, Sec. 5] possible destruction or dissipation if it were left in the
possession of any of the parties.
WHEN FINAL INJUNCTION GRANTED
Purpose
If after the trial of the action it appears that the applicant
is entitled to have the act or acts complained of The purpose of a receivership as a provisional remedy is
permanently enjoined, the court shall grant a final to protect and preserve the rights of the parties during
injunction perpetually restraining the party or person the pendency of the main action, during the pendency of
enjoined from the commission or continuance of the act an appeal or as an aid in the execution of a judgment
or acts or confirming the preliminary mandatory when the writ of execution has been returned unsatisfied.
injunction. (Rule 58, Sec. 9)
The receivership under Rule 59 is directed to the
property which is the subject of the action and does not
refer to the receivership authorized under banking laws
and other rules or laws. Rule 59 presupposes that there is
an action and that the property subject of the action
requires its preservation. Receivership under Rule 59 is
ancillary to the main action. (Riano).

The guiding principle is the prevention of imminent

danger to the property. If an action by its nature, does not
require such protection or preservation, said remedy
cannot be applied for and granted. (Commodities Storage
v. CA, 1997)

CASES WHEN RECEIVER MAY BE APPOINTED (Rule 59,

Sec. 1)

1. When it appears from the verified application

and other proof that the applicant has an interest
in the property or fund which is the subject of the
action or proceeding, and that such property or
fund is in danger of being lost, removed, or
materially injured unless a receiver be appointed
to administer and preserve it;

2. When it appears in an action by the mortgagee

for the foreclosure of a mortgage that the
property is in danger of being wasted or
dissipated or materially injured, and that its
value is probably insufficient to discharge the
mortgage debt, or that the parties have so
stipulated in the contract of mortgage;

3. After judgment, to preserve the property during

the pendency of an appeal, or to dispose of it
according to the judgment, or to aid execution
when the execution has been returned
unsatisfied or the judgment obligor refuses to
apply his property in satisfaction of the
judgment, or otherwise to carry the judgment
into effect;

4. Whenever in other cases it appears that the

appointment of a receiver is the most convenient
and feasible means of preserving, administering,
or disposing of the property in litigation.
Specific cases where receiver was appointed THE RECEIVER
1. If a spouse without just cause abandons the other
or fails to comply with his/her obligations to the Who May Be Appointed As Receiver
family, the aggrieved spouse may petition the
court for receivership. [Family Code, Article 101] The general rule is that neither party to the litigation
2. The court may appoint a receiver of the property should be appointed as a receiver without the consent of
of the judgment obligor; and it may also forbid a the other because a receiver is supposed to be an
transfer or other disposition of, or any impartial and disinterested person. (Alcantara v. Abbas,
interference with, the property of the judgment 1963)
obligor not exempt from execution. [Rule 39, Sec.
41] A clerk of court should not be appointed as a receiver as
3. After the perfection of an appeal, the trial court he is already burdened with his official duties. (Arigo v.
retains jurisdiction to appoint a receiver of the Kayanan, 1983)
property under litigation since this matter does
not touch upon the subject of the appeal. [Rule Powers of a Receiver
41, Sec. 9; Acuña v. Caluag (1957)] 1. Bring and defend in such capacity actions in his
4. After final judgment, a receiver may be appointed own name with leave of court
as an aid to the execution of judgment. 2. Take and keep possession of the property in
[Philippine Trust Company v. Santamaria (1929)] controversy
5. Appointment of a receiver over the property in 3. Receive rents
custodia legis may be allowed when it is justified 4. Collect debts due to himself as receiver or to the
by special circumstances, as when it is fund, property, estate, person, or corporation of
reasonably necessary to secure and protect the which he is the receiver
rights of the real owner. [Dolar v. Sundiam 5. Compound for and compromise the same
(1971)] 6. Make transfers
7. Pay outstanding debts
8. Divide the money and other property that shall
REQUISITES; REQUIREMENTS BEFORE ISSUANCE OF remain among the persons legally entitled to
AN ORDER receive the same’
9. Generally, to do such acts respecting the property
Procedure: as the court may authorize
1. Verified application filed by the party requesting 10. Invest funds in his hands, ONLY by order of the
for the appointment of the receiver; court upon the written consent of all the parties.
2. Applicant must have an interest in the property [Rule 59, Sec. 6]
or funds subject of the action;
3. Applicant must show that the property or funds Liability for refusal or neglect to deliver property to
is in danger of being lost, wasted, or dissipated; receiver:
4. Application must be with notice and must be set 1. Contempt; and
for hearing; 2. Be liable to the receiver for the money or the
5. Before appointing a receiver, the court shall value of the property and other things so refused
require applicant to post a bond in favor of the or neglected to be surrendered together with all
adverse party. When the receiver is appointed, damages that may have been sustained by the
the receiver shall file a bond then take his oath. party or parties entitled thereto as a consequence
6. Before entering upon his duties, the receiver of such refusal or neglect. [Rule 59, Sec. 7]
must be sworn to perform his duties faithfully.
Remedies Against the Receiver
Who Appoints Receiver: 1. No action against receiver can be maintained
1. Court where the action is pending without leave of court
2. CA 2. An aggrieved party may:
3. SC a. Take the matter into the court which
4. During the pendency of an appeal, the appellate appointed the receiver and ask either for an
court may allow an application for the accounting or take some other proceeding,
appointment of a receiver to be filed in and and ask for consequent judgment on the acts
decided by the court of origin. [Rule 59, Sec. 1] complained of; or
b. Ask for leave of court to bring him an action
Receivership may be denied or lifted: directly
1. If the appointment was sought or granted
without sufficient cause (Sec. 3)
2. Adverse party files a sufficient bond to answer TWO KINDS OF BOND
for damages (Sec. 3)
3. Bond posted by applicant for grant of The Applicant’s Bond
receivership is insufficient (Sec. 5) 1. Applicant must file a bond executed to the party
4. Bond of the receiver is insufficient (Sec. 5) against whom the application is presented
a. Amount to be fixed by the court
 b. CONDITION: To the effect that applicant will REPLEVIN
pay such party all damages he may sustain by
reason of the appointment IN CASE the NATURE
applicant shall have procured such without
sufficient cause Replevin is the provisional remedy seeking for the
2. The court may require additional bond after possession of the property prior to the determination of
appointment in the exercise of its discretion as the main action for replevin.
further security for such damages (Rule 59, Sec.
2) Replevin may also be a main action with the ultimate goal
of recovering personal property capable of manual
The Receiver’s Bond delivery wrongfully detained by a person. In this sense, it
1. As a precondition before entering into his duties, is a suit in itself
receiver must file a bond
2. The bond is executed to such person and in such WRIT OF PRELIMINAY
sum as the court may direct WRIT OF REPLEVIN
ATTACHMENT
3. CONDITION: To the effect that he will faithfully The purpose is to have the
discharge his duties and obey the orders of the property put in the
court (Rule 59, Sec. 4) The purpose is to recover custody of the court to
personal property capable secure the satisfaction of
DAMAGES RESULTING DAMAGES ARISING AFTER of manual delivery from the judgment that may be
FROM APPOINTMENT APPOINTMENT the defendant rendered in favor of the
Damages which arise due plaintiff at some future
Damages resulting from
to receiver’s negligence or time
appointment
mismanagement The property either
The right rests on general belongs to the plaintiff or The property does not
The right is statutory
principles of law one over which the belong to the plaintiff but
The damages may be plaintiff has a right of to the defendant
Liability rests on the
caused before the receiver possession
mismanagement or
qualifies or takes May be sought only when Available even if recovery
negligence of receiver
possession of the property the principal action is for of property is only
The applicant’s bond is The receiver’s bond is the recovery of personal incidental to the relief
responsible responsible property sought
Can be sought only when
May be resorted to even if
defendant is in actual or
property is in possession
constructive possession of
TERMINATION OF RECEIVERSHIP of a third person
the property
Cannot be availed of when Can be availed of even if
Ground: The necessity for a receiver no longer exists property is in custodia property is in custodia
legis legis
Procedure: Available from
1. The court shall determine that the necessity for a Available before
commencement but before
receiver no longer exists defendant answers
entry of judgment
a. Motu proprio, or on motion of either party Bond is double the value
2. Due notice shall be given to all interested parties Bond is fixed by the court
of the property
3. A hearing shall be conducted Extends only to personal Extends to all kinds of
4. The court shall then settle the accounts of the property capable of property whether real,
receiver manual delivery personal, or incorporeal
5. The court directs delivery of the funds and other Attachment to recover
property in his possession to the person possession of personal
adjudged to be entitled to receive them Available to recover
property unjustly detained
6. The court will then order the discharge of the personal property even if
presupposes that the same
receiver the same is not being
is being concealed,
concealed, removed, or
removed, or disposed of to
Effect: disposed of
prevent its being found or
1. Settle accounts of receiver taken by the applicant
2. Delivery of funds to person entitled
3. Discharge of receiver NOTE: There can be no replevin and preliminary
4. Receiver entitled to reasonable compensation to attachment in the same case because the purposes are
be taxed as costs against defeated party different.
1. In Rule 57, it is for security
2. In Rule 60, it is for recovery of possession
WHEN MAY WRIT BE ISSUED a. Allege the cause of detention
b. According to his best knowledge,
When Applied For – A writ of replevin must be applied for: information, belief
1. At the commencement of the action, or
2. At any time before defendant files his answer 3. That the property has not been :
a. Distrained, or
NOTE: There can be no replevin before the appellate b. Taken for a tax assessment, or
courts c. Taken as a fine pursuant to law, or
d. Seized under a writ of execution or
The provisional remedy of replevin is available where the preliminary attachment, or under custodia
PRINCIPAL PURPOSE of the action is to recover the legis; if so taken, that said property is exempt
possession of PERSONAL property.
4. The affidavit must also state the actual value of
Who May Avail of the Remedy? the property subject of replevin and not just its
1. Plaintiff – where the complaint prays for probable value. This value will be the basis of the
recovery of possession of personal property bond.
2. Defendant – where a counterclaim was set out in
the answer for recovery of personal property The Applicant’s Bond
1. Executed to the adverse party
It is available to any other party asserting affirmative 2. Amount is DOUBLE the value of the property
allegations praying for the recovery of personal stated in the affidavit
property unjustly detained. 3. Conditions of the Bond:
a. The return to of property to adverse party, if
such return be adjudged, and
REQUISITES b. The payment to adverse party of such sum as
he may recover from the applicant in the
1. Applicant is owner of the property claimed or is action
entitled to possession
2. Property is wrongfully detained by the adverse Return of Property (Sec. 5)
party 1. If the adverse party objects to the sufficiency of
3. Property is not distrained or taken for tax the bond, he cannot immediately require the
assessment or fine pursuant to law, or seized (if return of the property even by counterbond.
seized, that the property is exempt)
4. Principal purpose of the action is to recover 2. If the adverse party DOES NOT object to the
possession of personal property sufficiency of the bond, he may require the return
of the property
a. When: At any time before delivery to
PROCEDURE (Rule 60, Sec. 2 and 3) applicant
b. How: By filing a redelivery bond
1. An application is filed at the commencement of
the action or at any time before answer of The Redelivery Bond
defendant 1. This is executed to the applicant and filed where
2. Application must contain an affidavit the action is pending
3. Applicant must file a bond 2. Amount is double the value of the property as
4. Approval of the bond by the court stated in the affidavit of the applicant
5. Court shall then issue an order and the writ of 3. Conditions of the Bond:
replevin: a. The delivery thereof to the applicant, if such
a. It must describe the personal property delivery be adjudged, and
alleged to be wrongfully detained b. The payment of such sum to him as may be
b. Requiring the sheriff to take such property recovered against the adverse party
into his custody

NOTE: The writ of replevin may be served anywhere in SHERIFF’S DUTY IN THE IMPLEMENTATION OF THE
the Philippines. WRIT

Duties of the Sheriff (Rule 60, Sec. 4)

AFFIDAVIT AND BOND; REDELIVERY BOND
1. Serve a copy of the order, together with the
Contents of the Affidavit copies of the application, the affidavit, and bond
1. That the applicant is: to the adverse party
a. The owner of the property claimed –
describe with particularity 2. Take the property:
b. Or is entitled to possession a. If it be in the possession of the adverse party
or his agent – Take the property into custody
2. Property is wrongfully detained by adverse party
 b. If property is concealed in a building or No claim for damages for the taking or keeping of the
enclosure: property may be enforced against the bond UNLESS the
(1) Demand delivery of the property action is filed within 120 days from filing of the bond.
(2) If not delivered, cause the building or
enclosure to be broken open and then The procedure in Rule 60, Sec. 7 is similar to that in third-
take the property into possession party claims in execution (Sec. 16, Rule 39) and in
attachment (Sec. 14, Rule 57).
3. After taking possession:
a. Keep the property in a secure place Difference in Service of Affidavits:
b. He shall be responsible for delivery to party 1. Sec. 14, Rule 57 – affidavit is served upon the
entitled sheriff while he has possession of the attached
property
Unlike a preliminary attachment and preliminary 2. Sec. 7, Rule 60 – affidavit is served within 5 days
injunction, the rule on prior or contemporaneous in which sheriff has possession (in connection
jurisdiction is not provided for in replevin. with Sec. 6)

However, the rule requires that upon such order, the

sheriff must serve a copy on the adverse party together JUDGMENT (Rule 60, Sec. 9)
with the required documents.
After trial of the issues, the court shall determine who has
A sheriff’s prerogative does not give him the liberty to the right of possession to and the value of the property
determine who among the parties is entitled to and shall render judgment in the alternative for the
possession. delivery thereof to the party entitled to the same, or for
its value in case delivery cannot be made, and also for
When a writ is placed in the hands of a sheriff, it is his such damages as either party may prove, with costs.
duty to proceed with reasonable celerity and promptness
to execute it according to its mandate.

DISPOSITION OF PROPERTY BY SHERIFF (Rule 60, Sec.

6)

The adverse party is entitled to the return of the property

taken under writ of replevin, if:
1. He seasonably posts a redelivery bond
2. The applicant’s bond is found to be insufficient or
defective and is not replaced with a proper bond
3. The property is not delivered to the plaintiff for
any reason

The sheriff shall retain the property for 5 days; Within

such period, the adverse party:
1. May object to the sufficiency of the applicant’s
bond or surety; or
2. May file a redelivery bond, if he does not object to
the sufficiency of the bond

NOTE: These remedies are alternative.

WHEN PROPERTY IS CLAIMED BY THIRD PARTY

When third party claims the property and such person

makes affidavit of his title thereto stating his grounds, and
serves such affidavit upon the sheriff while the latter has
possession of the property and a copy upon the applicant,
the sheriff SHALL NOT BE BOUND to keep property under
replevin or deliver property to the applicant UNLESS the
applicant files a bond approved by the court in favor of
the third person (the bond should not be less than the
value of stated under Sec. 60, Sec. 2; the court shall
determine the value in case of disagreement).
 A COMPARATIVE CHART ON THE PROVISIONAL REMEDIES
Preliminary Attachment Preliminary Injunction Receivership Replevin
To have the property of adverse party
To require a party or a court, agency, or
attached as security for satisfaction of
a person to reframe from doing a
judgment that may be recovered in
particular act/s To place the property subject of an
cases falling under Sec. 1, Rule 57
auction or proceeding under the control
To enable the court to acquire To recover possession of personal
PURPOSE of a third party for its preservation and
jurisdiction over the action by the actual property
administration pendente lite or as an
or constructive seizure of the property Or to require the performance of
aid to execution
in those instances where personal particular act/s
service of summons on creditor cannot
be effected
SUBJECT Personal property capable of manual
Personal or real property Particular act/s Personal or real property
MATTER delivery
At any time prior to satisfaction of
At the commencement of action
WHEN APPLIED/ At any stage prior to final judgment or judgment At the commencement of the action
OR `At any time prior to entry of
GRANTED final order It may be availed of even after judgment BUT before the filing of answer
judgment
becomes final under Sec. 41, Rule 39
File verified application and applicant’s File verified application and applicant’s
bond bond
If application is included in initiatory
HOW APPLIED FOR File affidavits and applicant’s bond pleading, adverse party should be Application may also be included in File affidavits and applicant’s bond
served with summons together with a initiatory pleading in actions for
copy of initiatory pleading and foreclosure of mortgage
applicant’s bond
Required
EXCEPT:
REQUIREMENT Not required Great or irreparable injury would result Not Required
Required
OF A HEARING May be issued ex parte or Extreme urgency and applicant will May be issued ex parte
suffer grave injustice and irreparable
injury (Sec. 5, Rule 58
Only the court where the action is Court where action is pending
pending The CA or SC even if action is pending in
Courts where the action is pending, the
Lower court, CA or SC provided action is the lower court
WHO MAY GRANT CA or the SC even if action is pending in Only the court were action is pending
pending in the same court which issues Appellate court may allow application
lower court
the injunction for receivership to be decided by the
Also with the Sandiganbayan and CTA court of origin
1. Applicant is entitled to relief
1. Applicant has interest in property or
1. Sufficient cause of action demanded 1. Applicant is owner of the property
fund, subject matter of action
2. Case is covered by Sec. 1, Rule 57 2. Act/s complained of would work claimed or is entitled to possession
2. Property or fund is in danger of
3. No other sufficient security for the injustice to applicant if not enjoined 2. Property is wrongfully detained by
REQUISITES FOR being lost, or removed, or material
claim exists 3. Acts sought to be enjoined probably the adverse party
GRANTING injured
4. Amount due to applicant or value of violates applicant’s rights respecting 3. Property is not distrained or taken
APPLICATION 3. Appointment is the most convenient
property he is entitled to recover is the subject of the action or for tax assessment or fine pursuant
and feasible means of preserving,
equal to the sum which the order of proceeding to law, or seized (if seized, that the
administering, disposing of
attachment is granted 4. Threatened injury incapable of property is exempt)
property in litigation
pecuniary estimation
SPECIAL CIVIL
e. Expropriation

2. SCAs initiated by petitions:

ACTIONS a. Declaratory Relief

b. Review or Adjudication of COMELEC/COA
Decisions
c. Certiorari
IN GENERAL d. Prohibition
e. Mandamus
NATURE f. Quo Warranto
g. Contempt
Since a civil action in general is one by which a party sues
another for the enforcement of a right, or the prevention The venue of special civil actions is governed by the
or redress of a wrong, a special civil action is generally general rules on venue EXCEPT as otherwise indicated in
brought or filed for the same purpose. [Riano] the particular rule for said special action.

Actions for certiorari, prohibition and mandamus should

ORDINARY CIVIL ACTIONS v. SPECIAL CIVIL ACTIONS be commenced in the proper RTC, but the same may, in
proper cases, be commenced in the SC or the CA and a
A special civil action is governed by the rules of ordinary specific rule of venue is provided for quo warranto
civil actions but there are certain rules that are applicable proceedings
only to special civil actions.
In the absence of special reasons, the SC will decline
ORDINARY CIVIL ACTION SPECIAL CIVIL ACTION original jurisdiction in certiorari, prohibition, and
Also governed by ordinary mandamus since it is not a trier of facts and, that is a
Governed by ordinary function which can be better done by the trial courts. The
rules but subject to specific
rules same rule applies for quo warranto wherein the SC has
rules prescribed
Formal demand of one’s concurrent jurisdiction with the RTC.
legal rights in a court of
Special features not found Special civil actions that can be filed in or are within the
justice in the manner
in ordinary civil actions jurisdiction of inferior courts:
prescribed by the court or
by the law 1. Interpleader -- Provided that amount involved is
The concept of cause of within its jurisdiction
Must be based on a cause 2. Ejectment suits
action in an ordinary
of action which means 3. Contempt
action does not always fit
that the defendant has
in a special civil action (e.g.
violated plaintiff’s rights
interpleader)
Venue is determined by This dichotomy does not
either the residences of always apply in a special
the parties when action is civil action (e.g. the venue
personal or by the in a petition for quo-
location of the property warranto is where the SC
when the action is real or CA sits)
There are special civil
actions which can be filed
with the MTC (e.g. forcible
entry and unlawful
May be filed initially in
detainer)
either the MTC or RTC
There are also those which
cannot be commenced in
the MTC (e.g. certiorari,
prohibition, mandamus)
They are denominated as Some special civil actions
“complaints” when filed are initiated by petitions

JURISDICTION AND VENUE

The Special Civil Actions (SCA) under the Rules of Court

1. SCAs initiated by complaints:
a. Interpleader
b. Foreclosure of Real Estate Mortgage
c. Forcible Entry and Unlawful Detainer
d. Partition
 INTERPLEADER PROCEDURE

NATURE 1. A complaint is filed.

Definition - A remedy whereby a person who has property 2. Upon filing of complaint, the court issues an
in his possession or has an obligation to render wholly or Order (Sec. 2) requiring conflictng claimants to
partially, without claiming any right in both, comes to interplead with one another
court and asks that the defendants who have made
conflicting claims upon the same property or who 3. Summons shall then be served upon the
consider themselves entitled to demand compliance with conflicting claimants with a copy of the complaint
the obligation be required to litigate among themselves in and the order to interplead (Sec. 3).
order to determine who is entitled to the property or
payment or the obligation [Beltran v. PHHC, (1969)] 4. Each claimant has a 15-day period to file: (Sec. 4)
a. An answer
The peculiar characteristic of an interpleader is that there b. A motion to dismiss. If filed, period to answer
is NO CAUSE OF ACTION on the part of the plaintiff but is filed
only a threat of cause of action. a. Grounds:
(1) Same as in Rule 16
Purposes (2) Impropriety of interpleader action
1. To compel conflicting claimants to interplead and b. If motion is denied, movant may file his
litigate their several claims among themselves. answer within the remaining period but
[Rule 62, Sec. 1] it shall not be less than 5 days in any
2. To protect a person against double vexation in event from notice of denial
respect of one liability [Beltran, supra]
5. From service of Answer, the claimants may file
their Reply serving copies to all parties. Parties
REQUISITES FOR INTERPLEADER may file counterclaims, cross-claims, third-party
complaints, responsive pleadings
1. The plaintiff clams no interest in the subject
matter or his claim thereto is not disputed EFFECT OF FAILURE TO ANSWER: Default.
2. The parties to be interpleaded must make a. The claimant may be declared, on motion, in
effective claims default
3. There must be at least 2 or more conflicting b. Unlike ordinary default, default in
claimants with adverse or conflicting interests to interpleader allows the court to render
a property in custody or possession of the judgment barring him from any claim in
plaintiff; and respect to the subject matter
4. The subject matter must be one and the same
6. Pre-trial is conducted.
NOTE: Interpleader applies regardless of nature of subject
matter. 7. After all pleadings have been fled, the court shall
then determine the respective rights and
Cannot be availed of to resolve the issue of breach of adjudicate their several claims (Sec. 6)
undertakings made by defendants, which should be
resolved in an ordinary action for specific performance or
other relief [Beltran, supra].

WHEN TO FILE

Who Files the Complaint - A complaint for interpleader is

filed by the person against whom the conflicting claims
are made

When to File - REASONABLE TIME

An action for interpleader should be filed within a

reasonable time after a dispute has arisen without
waiting to be sued by either of the contending parties.
Otherwise, it may be barred by laches or undue delay.

Jurisdiction and Venue – General rules on jurisdiction and

venue apply as in ordinary civil actions.
 DECLARATORY RELIEFS AND SIMILAR It is filed In the appropriate RTC (incapable of pecuniary
REMEDIES estimation)

NATURE Original jurisdiction of a petition for declaratory relief is

with the RTC.
In Declaratory Relief, the subject matter is a deed, will,
contract, or other written instrument, statute, executive
order, or regulation, or ordinance; REQUISITES OF ACTION FOR DECLARATORY RELIEF

Note: The enumeration of the subject matter is 1. Subject matter of controversy must be a deed,
EXCLUSIVE will, contract, or other written instrument,
statute, executive order or regulation, or
Issue is the validity or construction of the subject matter ordinance. (Enumeration is exclusive)

Relief: declaration of the petitioner’s rights and duties 2. Actual justiciable controversy or “ripening seeds”
of one between person whose interests are
Purpose: To relieve the litigants of the common law rule adverse
that no declaration of rights may be judicially adjudged
unless a right has been violated and for the violation of 3. No breach of documents in question
which relief may be granted.
4. Doubtful as to the terms and validity of the
Characteristics document and require judicial construction
1. The concept of a cause of action is not applicable
to declaratory relief since this SCA presupposes 5. Issue is ripe for judicial determination, as where
that there has been no breach or violation of the all administrative remedies have been exhausted
2. instruments involved
3. Unlike other judgments, judgment in an action for 6. Adequate relief is not available through other
declaratory relief does not essentially entail any means or other forms of action or proceeding
execution process
WHEN COURT MAY REFUSE TO MAKE JUDICIAL
WHO MAY FILE THE ACTION (Rule 63, Sec. 1) DECLARATION

1. Any person interested under a deed, will, Court has DISCRETION to REFUSE to Grant Declaratory
contract or other written instrument Relief when: (Rule 63, Sec. 5)
a. He must file before breach 1. The decision will not terminate the controversy
or uncertainty giving rise to the action; or
2. Any person whose rights are affected by a 2. The declaration or constitution is not necessary
statute, executive order or regulation, or and proper under the circumstances
ordinance, or any other governmental regulation
a. He must file before violation How Done: Motu proprio, or on motion

PARTIES CONVERSION TO ORDINARY ACTION (Rule 63, Sec. 6)

1. All persons who have or claim any interest which When proper: If before the final termination of the case, a
would be affected by the declaration [Rule 63, breach or violation of the instrument or status occurs.
Sec. 2] Then, petition is converted into an ordinary action
2. If action involves the validity of a
statute/executive order/regulation/other Effect of Conversion: Parties shall be allowed to file such
governmental regulation, the Solicitor General pleadings as may be necessary or proper
shall be notified. [Rule 63, Sec. 3]
3. If action involves the validity of a local NOTE: If there has been breach or violation BEFORE filing
government ordinance, the prosecutor/attorney of the petition, declaratory relief cannot be availed of.
of the LGU involved shall be notified. [Rule 63,
Sec. 4] PROCEEDINGS CONSIDERED AS SIMILAR REMEDIES

Non-joinder of interested persons is not a jurisdictional Actions similar to Declaratory Relief and may be brought
defect; but persons not joined shall not be prejudiced in under Rule 63: (may be filed with the MTC)
their interests unless otherwise provided by the Rules. 1. Action for reformation (See Art. 1359-1369 Civil
(Baguio Citizens Action v. City Council of Baguio, 1983) Code)
2. Action to quiet title or remove cloud (See Art.
WHERE TO FILE 476-481 Civil Code)
3. Action to consolidate ownership (See Art. 1607
Civil Code)
 REVIEW OF JUDGMENTS AND FINAL ORDERS
These remedies are considered similar to declaratory OR RESOLUTION OF THE COMELEC AND COA
relief because they also result in the adjudication of the
legal rights of the litigants often without the need of
execution to carry the judgment into effect SCOPE (Rule 64, Sec. 1)
However we must make a distinction: Applicable only to judgments and final orders of the
1. In those cases similar to declaratory relief, the COMELEC and COA [Rule 64, Sec. 1]
court is BOUND to render judgment
2. In actions for declaratory relief, the court MAY Judgments/orders of the Civil Service Commission are
REFUSE to exercise the power to declare rights now reviewable by the Court of Appeals under Rule 43,
and to construe instruments eliminating recourse to the Supreme Court (SC). [RA 7902;
SC Revised Administrative Circular No. 1-95]

An aggrieved party may bring the questioned judgment,

etc. directly to the SC on certiorari under Rule 65. [Rule
64, Sec. 2]

Basis: This new rule is based on the provisions of Art. IX-

A, 1987 Constitution regarding the three constitutional
commissions provided for therein.

APPLICATION OF RULE 65 UNDER RULE 64

The aggrieved party may bring a judgment or final order

or resolution of the COMELEC and COA to the SC on
certiorari under Rule 65 and not on appeal by certiorari
under Rule 45

NOTE: The petition should be filed EXCLUSIVELY with the SC

Unlike in Rule 65, petition should be filed within 30 days

from notice of judgment or final order or resolution
sought to be reviewed.

Filing of MFR or MNT, if allowed under the procedural

rules of the Commission, shall interrupt the 30-day
period.

If denied, aggrieved party may file petition within the

remaining period but it shall not be less than 5 days in
any event from notice of denial.

NOTE: The Fresh Period Rule is NOT applicable

PROCEDURE

1. A verified petition is filed (Sec. 5) with payment

of docket and lawful fees (Sec. 4)
2. Service of petition to the Commission and parties
concerned (Sec. 5)
3. SC shall act on the petition:
a. It may dismiss the petition:
(1) Failure to comply with the form and
content requirements in Sec. 5
(2) If SC finds the petition insufficient in
form and substance (Sec. 6)
(3) If it was filed manifestly for delay (Sec. 6)
(4) Questions raised are too unsubstantial to
warrant proceedings (Sec. 6)
b. If sufficient in form and substance, the SC will
require the respondents to file their
 Comments (Sec. 6) within 10 days from CERTIORARI, PROHIBITION, MANDAMUS
notice
4. SC may also require oral argument or submission DEFINITIONS AND DISTINCTIONS
of memoranda (Sec. 9)
5. The case is then submitted for decision (Sec. 9) Writ of Certiorari is a writ emanating from a superior
court directed against an inferior court, tribunal, or
officer exercising judicial or quasi-judicial functions. The
DISTINCTION IN THE APPLICATION OF RULE 65 TO purpose of which is to correct errors of jurisdiction.
JUDGMENTS OF THE COMELEC AND COA AND THE
APPLICATION OF RULE 65 TO OTHER TRIBUNALS, Writ of Prohibition is a writ issued by a superior court and
PERSONS, AND OFFICERS directed against an inferior court, board, officer or other
person whether exercising judicial, quasi-judicial, or
ministerial functions for the purpose of preventing the
Rule 64 latter from usurping jurisdiction with which it is not
Rule 65
legally vested.
Directed only to the Directed to any tribunal,
judgments, final orders or board, or officer exercising Writ of Mandamus is a writ issued in the name of the
resolutions of COMELEC judicial or quasi-judicial State, to an inferior tribunal, corporation, board, or
and COA functions person, commanding the performance of an act which the
Filed within 30 days from Filed within 60 days from law enjoins as a duty resulting from an office, trust, or
notice of the judgment notice of the judgment station.
The filing of a MR or a
Motion for New Trial if CERTIORARI PROHIBITION MANDAMUS
allowed, interrupts the Directed against
period for the filing of the Directed against an entity or Directed against
The period within which to
petition for certiorari. If an entity or person an entity or
file the petition if the MR or
the motion is denied, the person exercising person
new trial is denied, is 60
aggrieved party may file exercising judicial, quasi- exercising
days from notice of the
the petition within the judicial or quasi- judicial, or ministerial
denial of the motion.
remaining period, but judicial functions ministerial functions
which shall not be less than functions
5 days reckoned from the Entity or person
notice of denial. is alleged to
Entity or person is alleged to have
have:
acted:
(1) Neglected a
(1) Without jurisdiction
ministerial duty;
(2) In excess of jurisdiction; or
or
(3) With grave abuse of discretion
(2) Excluded
amounting to lack or excess of
another from a
jurisdiction
right or office

PURPOSE: PURPOSE:
PURPOSE To have For respondent
To annul or respondent to: (1) Do the
nullify a desist from act required,
proceeding further and (2) Pay
proceeding damages
Covers
Covers
discretionary Covers
discretionary
and ministerial ministerial acts
acts
acts
Negative and
Corrective
Preventive This remedy is
remedy
remedy affirmative or
To correct
To restrain or positive
usurpation of
prevent the said or negative
jurisdiction
usurpation

Distinguished from Injunction

INJUNCTION PROHIBITION
Ordinary civil action Special civil action
Directed only to the party Directed to the court itself,
litigants, without in any commanding it to cease
 manner interfering with from the exercise of a respondent without respondents
the court jurisdiction to which it has impleading the lower
no legal claim court or its judge
May be filed with the SC,
Filed only with the SC
INJUNCTION MANDAMUS CA, Sandiganbayan, RTC
Ordinary civil action Special civil action SC may deny the decision
Directed against a tribunal, motu proprio on specific
Directed against a litigant corporation, board, or grounds
officer
Purpose is to either NOTE: An original action for Certiorari, Prohibition, or
Purpose is for the tribunal, Mandamus, is an Independent Action, as such:
refrain the defendant from
corporation, board, or 1. Does not interrupt the course of the principal
performing an act or to
officer, to perform a action
perform not necessarily a
ministerial and legal duty 2. Does not affect the running of the reglementary
legal and ministerial duty
periods involved in the proceedings
3. Does not stay the execution of judgment unless a
Certiorari as a Mode of Appeal and as a Special Civil Action TRO or writ of preliminary injunction has been
issued
CERTIORARI AS A MODE CERTIORARI AS A SPECIAL
OF APPEAL (Rule 45) CIVIL ACTION (Rule 65)
A continuation of the ACQUISITION OF JURISDICTION
An original action and not
appellate process over the
a mode of appeal In original actions for Certiorari, Prohibition, Mandamus,
original case
May be directed against an when does the court acquire jurisdiction over the person
interlocutory order of the of the respondent? IT DEPENDS:
Seeks to review final court or where no appeal 1. IF ACTION IS FILED WITH THE RTC - We follow
judgment or final orders or plain or speedy remedy rules on ordinary civil actions. Jurisdiction is
is available in the ordinary acquired by:
course of law a. Service of summons to respondent or
Raises questions of b. By his voluntary appearance in court
jurisdiction – that is,
whether a tribunal, board 2. IF ACTION IS FILED WITH THE CA OR SC - Court
or officer exercising acquires jurisdiction over respondents by:
judicial or quasi-judicial a. Service on them of its orders indicating its
Raises only questions of initial action on the petition or
functions has acted
law b. By their voluntary submission to such
without jurisdiction or in
excess of jurisdiction or jurisdiction
with grave abuse of
discretion amounting to
lack of jurisdiction REQUISITES
Filed not later than 60
days from notice of Requisites of Certiorari:
Filed within 15 days from 1. There must be a controversy
judgment, order, or
notice of judgment or final 2. Respondent is exercising judicial or quasi-judicial
resolution sought to be
order appealed from, or of function
assailed and in case a
the denial of petitioner’s 3. Respondent acted without or in excess of its
motion for reconsideration
motion for jurisdiction or acted with grave abuse of
or new trial is timely filed,
reconsideration or new discretion amounting to lack of jurisdiction; and
the 60-day period is
trial 4. There must be no appeal or other plain, speedy,
counted from notice of
said denial and adequate remedy
Extension of 30 days may
Extension no longer Requisites of Prohibition:
be granted for justifiable
allowed 1. There must be a controversy
reasons
2. Respondent is exercising judicial, quasi-judicial,
Does not require a prior Motion for reconsideration
or ministerial functions
motion for is a condition precedent,
reconsideration subject to exceptions 3. Respondent acted without or in excess of its
jurisdiction or acted with grave abuse of
Does not stay the
discretion amounting to lack of jurisdiction; and
Stays the judgment judgment or order subject
4. There must be no appeal or other plain, speedy,
appealed from of the petition, unless
and adequate remedy
enjoined or restrained
Parties are the original The tribunal, board,
Requisites of Mandamus:
parties with the appealing officer, exercising judicial
1. There must be a clear legal right or duty
party as the petitioner and or quasi-judicial functions
the adverse party as the is impleaded as
  If there is discretion as to the taking or non-
taking of the action sought, there is no clear The office of prohibition is not to correct errors of
legal duty, and mandamus will not lie judgment but to prevent or restrain usurpation by
inferior tribunals and to compel them to observe the
2. The act to be performed must be practical limitation of their jurisdictions. (Herrera)
 Within the powers of the respondent to
perform such that if the writ of mandamus General Rule: Prohibition does NOT ordinarily lie to
was issued, he can comply with it, or else the restrain an act which is already fait accompli.
essence will be defeated
3. Respondent must be exercising a ministerial duty Exception: Writ of prohibition will lie to prevent the
 A duty which is absolute and imperative and unlawful creation of a new province by those in the
involves merely its execution corridors of power who could avoid judicial intervention
4. The duty or act to be performed must be existing and review by merely speedily and stealthily completing
 A correlative right will be denied if not the commission of such illegality (Tan, et al. v. COMELEC)
performed by the respondents
5. There is no other plain, speedy, and adequate
remedy in the ordinary course of law WHEN PETITION FOR MANDAMUS PROPER

DISCRETIONARY ACT MINISTERIAL ACT The purpose of mandamus is to compel the performance,
One which an officer or when refused, of a ministerial duty, this being its main
One where public tribunal performs in a objective.
functionaries, by virtue of given state of facts, in a
a power or right conferred prescribed manner, in A writ of mandamus will not issue to control the exercise
upon them by law, can act obedience to the mandate of official discretion or judgment, or to alter or review the
officially under certain of a legal authority, action taken in the proper exercise of the discretion of
circumstances, without regard to or the judgment, for the writ cannot be used as a writ of error or
uncontrolled by the exercise of his own other mode of direct review.
judgment or conscience of judgment upon the
others propriety or impropriety However, in extreme situations generally in criminal
of the act done cases, mandamus lies to compel the performance of the
fiscal of discretionary functions where his actuations are
tantamount to a wilful refusal to perform a required duty.
WHEN PETITION FOR CERTIORARI IS PROPER [Regalado]

Only to correct errors of jurisdiction, not errors of Grounds for Mandamus:

judgment. 1. When any tribunal, corporation, board, officer or
person, UNLAWFULLY NEGLECTS the
Questions of fact cannot be raised in an original action for performance of an act which the law specifically
certiorari. Only established or admitted facts may be enjoins as a duty resulting from an office, trust, or
considered. (Suarez, NLRC, 1998) station
2. When any tribunal, corporation, board, officer, or
Where appeal is available, certiorari will not lie. person, UNLAWFULLY EXCLUDES another from
Exceptions: the due and enjoyment of a right or office to
1. Where the appeal does not constitute a speedy which the other is entitled
and adequate remedy
2. Where orders were also issued either in excess or
without jurisdiction MANNER OF FILING THE PETITION
3. For certain special considerations, as public
welfare or public policy 1. A verified petition is filed in the proper court
4. Where, in criminal actions, the court rejects the accompanied by:
rebuttal evidence for the prosecution as, in case a. Certified true copy of the judgment, order,
of acquittal, there could be no remedy resolution subject thereof
5. Where the order is a patent nullity b. Copies of all pleadings and relevant and
6. Where the decision in the certiorari case will pertinent documents
avoid future litigations c. Sworn certification of non-forum shopping
2. Contents of the petition
a. Allegation of facts with certainty
WHEN PETITION FOR INJUNCTION IS PROPER b. Prayer

Prohibition is a preventive remedy. However, to prevent Prayers:

the respondent from performing the act sought to be 1. In certiorari
prevented during the pendency of the proceedings for the a. That the judgment be rendered annulling or
writ, the petitioner should obtain a restraining order modifying the proceedings of such tribunal,
and/or writ of preliminary injuction. [Regalado] board or officer; and
 b. Granting such incidental reliefs as law and
justice may require PROCEDURE

2. In prohibition 1. A petition for certiorari/ mandamus/ prohibition

a. That the judgment be rendered commanding is filed
the respondent to desist from further
proceedings in the action or matter specified; When filed:
or a. Not later than 60 days from notice of
b. Otherwise granting such incidental reliefs as judgment/order/resolution
law and justice may require b. If a motion for reconsideration/new trial is
filed, the 60-day period shall be counted
3. In mandamus from notice of denial of motion.
a. That the judgment be rendered commanding c. Extension may be granted for compelling
the respondent, immediately or at some reasons, not exceeding 15 days. [Rule 65, Sec.
other time to be specified by the court, to do 4]
the act required to be done to protect the
rights of the petitioner ; and Where filed: (Follow hierarchy of courts)
b. To pay the damages sustained by the a. Supreme Court
petitioner by reason of the wrongful acts of b. Court of Appeals; Whether or not the same is
the respondent in aid of its appellate jurisdiction BUT if it
involves the acts of a quasi-judicial agency,
the petition shall be filed only in the CA,
EXCEPTIONS TO FILING MOTION FOR unless otherwise provided by law or the
RECONSIDERATION BEFORE FILING PETITION Rules.
c. Regional Trial Court, if it relates to acts /
General Rule: A MR is an essential precondition for the omissions of a lower court / corporation /
filing of a petition for certiorari, prohibition, or board / officer / person. RTC must exercise
mandamus. It is a plain, speedy, and adequate remedy. jurisdiction over the territorial area
This is to enable the lower court, in the first instance, to d. Sandiganbayan, if it is in aid of its appellate
pass upon and correct its mistakes without the jurisdiction. [Rule 65, Sec. 4]
intervention of the higher court e. The COMELEC in election cases involving an
act or omission of the MTC/RTC
If a MR is filed, the period shall not only be interrupted
but another 60 days shall be given to the petitioner within 2. Order to Comment - If the petition is sufficient in
which to file the appropriate petition for certiorari or form and substance to justify such process, the
prohibition with the superior court (SC Admin Circular court shall issue an order requiring the
00-2-03) respondent(s) to comment on the petition within
10 days from receipt of a copy thereof.
Exceptions: MR may be dispensed with in some cases:
1. Where the order is a patent nullity Such order shall be served on the respondents in
2. Where questions raised in the certiorari such manner as the court may direct, together
proceeding have been duly raised and passed with a copy of the petition and any annexes
upon by the lower court , or are the same as thereto. [Rule 65, Sec. 6]
those raised and passed upon in the lower court
3. Where there is urgent necessity for the resolution 3. Hearing or Memoranda - After the comment or
of the question and any further delay would other pleadings required by the court are filed, or
prejudice the interests of the Government the time for the filing thereof has expired, the
4. Where under the circumstances, a MFR would be court may hear the case or require the parties to
useless, as where the court had already indicated submit memoranda. [Rule 65, Sec. 8]
that it would deny any motion for
reconsideration of its questioned order 4. Judgment - If after such hearing or submission of
5. Where petitioner was deprived of due process memoranda or the expiration of the period for
and there is extreme urgency for relief the filing thereof, the court finds that the
6. Where, in a criminal case, relief from an order of allegations of the petition are true, it shall render
arrest is urgent and granting such relief by trial judgment for the relief prayed for or to which the
court is improbable petitioner is entitled.
7. Where the proceedings in the lower court are a
nullity for lack of due process The court, however, may dismiss the petition if it
8. Where the proceeding was ex parte or in which finds the same to be:
the petitioner had no opportunity to object a. Patently without merit,
9. Where the issue raised is one purely of law or b. Prosecuted manifestly for delay, or
where public interest is involved c. The questions raised therein are too
10. Where the subject matter of the action is unsubstantial to require consideration. [Rule
perishable 65, Sec. 8]
 5. Service and Enforcement of Order or Judgment - Court may impose, motu proprio, based on res ipsa
A certified copy of the judgment rendered shall loquitur, other disciplinary sanctions for patently dilatory
be served upon the court, quasi-judicial agency, and unmeritorious petitions (AM No. 07-7-12-SC)
tribunal, corporation, board, officer or person
concerned in such manner as the court may
direct, and disobedience thereto shall be
punished as contempt.

RELIEFS PETITIONER IS ENTITLED TO

Petitioner may be entitled to:

1. Injunctive relief – Court may may issue orders
expediting the proceedings, and it may also grant
a temporary restraining order or a writ of
preliminary injunction for the preservation of the
rights of the parties [Rule 65, Sec. 7]
2. Incidental reliefs as law and justice may require
[Rule 65, Secs. 1 and 2]
3. Other reliefs prayed for or to which the petitioner
is entitled [Rule 65, Sec. 8]

INJUNCTIVE RELIEF

Rule 65, Sec. 7 provides for the issuance of a temporary

restraining order, and not only for a writ of preliminary
injunction, but such order shall be subject to the rules on
the grounds and duration thereof. [Regalado]

General Rule: The petition shall not interrupt the course of

the principal case.

The public respondent shall proceed with the principal

case WITHIN 10 DAYS from filing of the petition for
certiorari with the higher court, absent a TRO or
preliminary injunction, or upon its expiration. Failure
may be a ground for an administrative charge (AM No. 07-
7-12-SC)

Exception: Unless a TRO or preliminary injunction has

been issued against the public respondent from further
proceedings in the case

FACTS/OMISSIONS OF MTC/RTC IN ELECTION CASES

In election cases involving an act or an omission of a

municipal or regional trial court, the petition shall be filed
EXCLUSIVELY with the Commission on Elections, in aid of
its appellate jurisdiction (Rule 65, Sec. 4, as amended in
AM No. 07-7-12-SC)

EFFECTS OF FILING AN UNMERITORIOUS PETITION

The court, however, may dismiss the petition if it finds the

same to be patently without merit, prosecuted manifestly
for delay, or that the questions raised therein are too
unsubstantial to require consideration. (Rule 65, Sec. 8)

In these cases, the court may award TREBLE COSTS

solidarily against petitioner and counsel, in addition to
administrative sanctions
 QUO WARRANTO
AGAINST WHOM MAY THE ACTION BE BROUGHT (Rule
NATURE 66, Sec. 1)

Quo Warranto literally means “by what authority”. 1. A PERSON who USURPS, intrudes into, or
unlawfully holds or exercises a public office,
It is a prerogative writ by which the government can call position, or franchise
upon any person to show by what warrant he holds a 2. A PUBLIC OFFICER who does or suffers an act,
public office or exercises a public franchise. which, by provision of law, constitutes a ground
for FORFEITURE OF OFFICE
When the inquiry is focused on the legal existence of a 3. An ASSOCIATION which acts as a corporation
body politic, the action is reserved to the State in a within the Philippines without being legally
proceeding for quo warranto or any other direct incorporated or without lawful authority to act
proceeding.
Actions for quo warranto against corporations with
Subject Matter: The subject matter of a quo warranto may regard to franchises and rights granted to them, as well as
be a public office, franchise, or position. their dissolution now fall under the jurisdiction of the
RTC (Securities Regulation Code, Sec. 5.2)
NOTE: NOTE: Rule 66 deleted an office in a
corporation created by authority of law. This falls
under the jurisdiction of the SEC under PD 902-A. WHO MAY COMMENCE THE ACTION (Rule 66, Sec. 2 –
5)
Jurisdiction to Issue Writ: Original jurisdiction to issue the
writ of quo warranto is vested in the SC, CA, and RTC. General Rule: The Government, through the Solicitor
General or public prosecutor
1. MANDATORY (Sec. 2); When to commence:
DISTINGUISHED FROM QUO WARRANTO IN THE a. When directed by the President, or
OMNIBUS ELECTION CODE b. When upon complaint or otherwise he has
good reason to believe that any case in Sec. 1
ROC Rule 66 OEC Sec. 253 can be established by proof
Filed by whom
Solicitor General or Public 2. DISCRETIONARY (Sec. 3); When to commence:
Prosecutor in behalf of the Any voter a. This is upon permission of court
Republic; Individual b. Bringing such action (ex relatione) at the
Where filed request and upon the relation of another
COMELEC, if against person, PROVIDED:
election of a Member of (1) Officer bringing it may require an
Congress, Regional, indemnity bond
By SolGen: RTC Manila, CA or (2) Leave of court will have to be obtained
Provincial or City
SC; Otherwise, RTC with
Officer;
jurisdiction over territorial Exception: An individual may commence the action (Sec.
area where respondent 5); PROVIDED:
appropriate RTC or
resides, CA or SC 1. He institutes the action in his own name
MTC, if against a
municipal or barangay a. He does not have to secure the intervention
officer of the Solicitor General or public prosecutor
b. No leave of court necessary
Period for filing
2. HOWEVER, he must claim to be entitled to the
Within 1 year from ouster, or
Within 10 days after office or position usurped or unlawfully held or
from the time the right to the
proclamation of results exercised by another.
position arose
a. He must aver and be able to show that he is
Against whom, grounds
entitled to the office in dispute. There must
A person, who usurps, be an allegation that respondent is either a
intrudes into or unlawfully de facto or de jure officer
holds or exercises a public
office, position or franchise;
Ineligibility or disloyalty PERIOD FOR PLEADINGS AND PROCEEDINGS MAY BE
A public officer, who does or to the Republic REDUCED (Rule 66, Sec. 8)
suffers an act which, by
provision of law, constitutes Period to File: The action must be commenced within 1
a ground for forfeiture of year from the date after the cause of such ouster or the
office right of the petitioner to hold such office or position
arose. (Sec. 11)
In fine, Rule 66 applies to quo warranto IN GENERAL
while election law governs quo warranto against Laches does not attach and failure to file quo-warranto
SPECIFIED elective officials. proceedings does not operate adversely against a
dismissed government employee where it was the act of EXPROPRIATION
responsible government official which contributed in the
delay of filing of complaint for reinstatement (Cristobal v. NATURE
Melchor).
Eminent Domain is the right and authority of the State, as
Reduction of Period: The court may reduce the period for sovereign, to take private property for public use upon
filing and for all other proceedings in the action to secure observance of due process and payment of just
most expeditious determination of the matters involved compensation.
therein, consistent with the rights of the parties.
It is a government’s right to appropriate, in the nature of a
compulsory sale to the State, private property for public
JUDGMENT IN QUO WARRANTO ACTION (Rule 66, Sec. use or purpose.
9)
Requisites for the Valid Exercise of the Right
When respondent is found guilty of usurping, intruding, 1. There must be due process of law
or unlawfully holding, judgment rendered: 2. Payment of just compensation
1. That such respondent is ousted and altogether 3. Taking must be for public use
excluded therefrom
2. That petitioner or relator, as the case may be, Subject Matter of Expropriation: All properties can be
recover his costs expropriated, EXCEPT:
3. May determine the respective rights in and to the 1. Money (futile; because of just compensation)
public office, position, or franchise of all parties 2. Choses in action (conjectural in nature; validity
and its value)

RIGHTS OF A PERSON ADJUDGED ENTITLED TO When is Expropriation Proper:

PUBLIC OFFICE (Rule 66, Sec. 10) 1. When the owner refuses to sell
2. When he agrees to sell but an agreement as to the
Rights of persons adjudged entitled to office: price cannot be reached.
1. Execution of the office
 After taking oath of office and executing any
official bond required by the law MATTERS TO ALLEGE IN COMPLAINT FOR
2. Demand from respondent all the books and EXPROPRIATION
papers appertaining to the office to which
judgment relates Contents of the Complaint (Rule 67, Sec. 1)
 Respondent’s neglect or refusal to comply 1. State with certainty the right and purpose of
with the demand is punishable by contempt expropriation
3. Bring an action for damages against respondent a. Where the right of the plaintiff to expropriate
 For damages sustained by him by reason of is conferred by law, complaint does not have
the usurpation to state with certainty the right of
 Must be commenced within 1 year after expropriation (MRR Co. v. Mitchel)
entry of judgment establishing petitioner’s 2. Describe the real or personal property sought to
right to the office in question (Sec. 11) be expropriated
3. Joining of defendants
a. All persons owning or claiming to own, or
occupying, any part thereof or interest
therein. showing separate interest of each
defendant, as far as practicable
b. Make the following averments, if needed:
(1) If title appears to be in the Republic,
although occupied by private individuals
(2) If title is otherwise obscure or doubtful
so that plaintiff cannot with accuracy or
certainty specify who the real owners
are

Where to File: RTC where property is located. MTC has no

jurisdiction since an action for expropriation is incapable
of pecuniary estimation.

TWO STAGES IN EVERY ACTION FOR EXPROPRIATION

First Stage: Determination of the authority of the plaintiff

to exercise the power of eminent domain and the
propriety of its exercise in the context of the facts On RA 8974
involved. This ends with either:
1. An order of dismissal, or On Nov. 7, 2000, Congress enacted RA 8974, a special law
2. An order of expropriation to facilitate the acquisition of right of way, site, or location
for national government infrastructure projects:
Second Stage: Determination of the just compensation for
the property sought to be taken. RULE 67,
RA 8974
SEC. 2
NOTE: Multiple appeals is allowed in expropriation. Only when national
Aggrieved party may appeal in each stage separately. government
expropriates
Expropriation
APPLICATION property for national
WHEN PLAINTIFF CAN IMMEDIATELY ENTER INTO in general
government
POSSESSION OF THE REAL PROPERTY, IN RELATION infrastructure
TO R.A. NO. 8974 projects
Government Government is
Plaintiff shall have the right to take or enter upon FOR WRIT OF is required to required to make
possession of the real property upon: POSSESSION make immediate payment
1. Filing of complaint or at any time thereafter, and TO ISSUE preliminary to owner upon filing
after due notice to defendant deposit of complaint
4. Making preliminary deposit (Rule 67, Sec. 2) Equal to the market
value of the property
Preliminary deposit: as stated in the tax
Equal to declaration or
Provide damages if court finds that the assessed current relevant
plaintiff has no right to expropriate AMOUNT OF
value of real zonal value of BIR,
PAYMENT OR
Purposes property for whichever is higher,
Advance payment for just compensation, if DEPOSIT
purposes of and value of
property is finally expropriated taxation improvements
and/or structures
If Real Property - Equivalent to the assessed using replacement
value of the property for purposes of cost method
taxation
Value
If Personal Property – Value shall be Remember the Applicable Rules:
provisionally ascertained and fixed by the 1. RA 8974 specifically governs expropriation for
court national government infrastructure projects
With the authorized government depositary 2. Sec 19, LGC governs the exercise of the power of
Where to
Amount is to be held by such bank subject to eminent domain by LGUs through an enabling
deposit
the orders of the court ordinance
Deposit shall be in money

UNLESS, in lieu of money, court authorizes NEW SYSTEM OF IMMEDIATE PAYMENT OF INITIAL
Form of
deposit of a certificate of deposit of a JUST COMPENSATION
Deposit
government bank of the Republic, payable on
demand to the authorized government For the acquisition of right-of-way, site or location for any
depositary national government infrastructure project through
expropriation, upon the filing of the filing of the
After the deposit, court shall order sheriff or proper complaint, and after due notice to the defendant, the
officer to place plaintiff in possession of the property. implementing agency shall immediately pay the owner of
Such officer shall promptly submit a report to the court the property the amount equivalent to the sum of (1) 100
with service of copies to parties. percent of the value of the property based on the current
relevant zonal valuation of the BIR; and (2) the value of
NOTE: Preliminary deposit is only necessary if the the improvements and/or structures as determined
plaintiff desires entry on the land upon its institution of under Sec. 7 of RA 8974 (Sec. 4, RA 8974)
the action. Otherwise, he could always wait until the
order of expropriation is issued before it enters upon the
land. DEFENSES AND OBJECTIONS

Once the preliminary deposit has been made, the No Objection Or Defense To Has Objection Or Defense
expropriator is entitled to a writ of possession as a matter The Taking To The Taking
of right, and the issuance of said writ becomes ministerial
on the part of the trial court (Biglang-Awa v. Bacalla) What to file and serve
Notice of appearance and
Answer to the complaint
manifestation
 Period to file a. EXCEPTION: On such terms as the court
Time stated in the summons deems just and equitable, plaintiff may be
allowed to dismiss or discontinue
Contents
2. Forecloses any further objections to the right to
Specifically
expropriate, including the public purpose of the
Manifestation to the effect designating/identifying
same
that he has no objection or the property in which he
defense; claims to have an interest
in and the nature and
Specifically extent of the interest;
ASCERTAINMENT OF JUST COMPENSATION (Rule 67,
designating/identifying the
Sec. 5)
property in which he ALL his objections and
claims to be interested defenses to the complaint
Upon rendition of the Order of Expropriation, the court
or any allegation therein
issues an Order of Appointment.
Prohibited
Counterclaim, cross-claim, Order of Appointment:
third party complaint in 1. Court appoints not more than 3 commissioners to
any pleading ascertain and report to the court the just
compensation for the property
NOTE: A defendant waives all defenses and objections not
so alleged, but the court, in the interest of justice, may 2. Contents:
permit amendments to the answer not to be made later a. It shall designate the time and place of the
than ten (10) days from filing thereof. first session of hearing to be held by
commissioner
NOTE: In any case, in the determination of just b. Specify the time within which their report
compensation, defendant may present evidence as to the shall be submitted to court
amount of compensation to be paid.
3. Procedures:
NOTE: The defendant CANNOT be declared in default for a. Copies of the Order shall be served on the
failure to file Answer. Failure to file an answer would parties
result to the court’s judgment on the right to expropriate b. Objections to appointment:
without prejudice to the right to present evidence on the (1) Filed with the court within 10 days from
just compensation and to share in the distribution of the service
award. (2) Objections shall be served to all
commissioners
(3) Resolved within 30 days after all
ORDER OF EXPROPRIATION (Rule 67, Sec. 4) commissioners shall have received
copies
Order of Expropriation - It is the order declaring that the
plaintiff has lawful right to take the property. Just Compensation

When Issued: It is issued when: Just Compensation has been defined as the full and fair
1. Objections or defenses against the right of equivalent of the property taken from its owner by the
plaintiff to expropriate are overruled; or expropriator. Just compensation means not only the
2. No party appears to defend the case correct determination of the amount to be paid but also
the payment of the land within a reasonable time from its
Contents of the Order: taking.
1. That the plaintiff has a lawful right to take the
property sought to be expropriated Market Value
2. For public use or purpose described in the
complaint Is “that sum of money which a person desirous but not
3. Upon payment of just compensation compelled to buy, and an owner willing but not compelled
a. To be determined as of the date of taking, or to sell, would agree on as a price to be given and received
b. The filing of the complaint, whichever came therefore.” [BPI v. CA (2004)]
first
Time when market value should be fixed:
Remedy of Defendant: Order of condemnation is final, not 1. When plaintiff takes possession before institution
interlocutory. Hence, it is appealable. of proceedings, value should be fixed as of the
TIME OF TAKING
Effects of the Order: 2. When the taking coincides with or subsequent to
1. Plaintiff not permitted to dismiss or discontinue the commencement of proceedings, DATE OF
the proceeding FILING of the complaint should be the basis
APPOINTMENT OF COMMISSIONERS; c. Set aside the report and appoint new
COMMISSIONER’S REPORT; COURT ACTION UPON commissioners;
REPORT d. Accept the report in part and reject in part
e. Make such order or render such judgment as
Qualifications of the Commissioners: shall secure the plaintiff and the defendant
1. Competent and
2. Disinterested
RIGHTS OF PLAINTIFF UPON JUDGMENT AND
Proceedings by Commissioners (Rule 67, Sec. 6) PAYMENT (Rule 67, Sec. 10)
1. Commissioners shall first take and subscribe an
oath that they will faithfully perform their duties. When will the right of plaintiff TO ENTER the property
Oath shall be filed in court together with other sought to be appropriated or RIGHT TO RETAIN it should
proceedings. he have taken immediate possession thereof accrue?
2. Evidence may be introduced by either party 1. RIGHT TO RETAIN: Upon filing of complaint,
before the commissioners who are authorized to serving notice to defendant, and after depositing
administer oaths on hearings before them the assessed value of property for taxation
purposes with authorized government
Duties of Commissioners: depositary (Sec. 2)
1. View and examine the property sought to be
expropriated and its surroundings, and may 2. RIGHT TO ENTER:
measure the same a. Upon payment by plaintiff to defendant of
a. Due notice to parties to attend must first be compensation fixed by judgment, with legal
given UNLESS the parties consent to the interest from taking (Sec. 10)
contrary b. After tender to defendant of amount so fixed
b. After this, each party may argue the case and payment of the costs (Sec. 10)

2. They shall assess the consequential damages to

the property not taken and deduct from such the EFFECT OF RECORDING OF JUDGMENT
consequential benefits to be derived by owner
a. In no case shall the consequential benefits Contents of the Judgment
assessed exceed the consequential damages 1. Statement of the particular property or interest
b. In no case shall the owner be deprived of the therein expropriated, with adequate description
actual value of his property taken 2. Nature of the public use or purpose for which it is
expropriated
Report by Commissioners (Rule 67, Sec. 7)
In case of real estate, a certified true copy of such
Commissioners shall make a full and accurate report to judgment shall be recorded in the registry of deeds of the
the court of all their proceedings. place in which property is situated. Effect is to vest title.

Such proceeding shall not be effectual until court has Title in Expropriation is vested:
accepted their report and rendered judgment in 1. If PERSONAL property, upon payment of just
accordance with their recommendations. compensation (Sec. 10)
2. If REAL property, upon payment of just
Report shall be filed within 60 days from date compensation AND registration of property (Sec.
commissioners were notified of their appointment. Time 13)
may be extended by court discretion,

Upon filing, clerk shall serve copies of the Commissioners’

Report to all interested parties. Clerk includes a notice
that parties are allowed to file objections to the report
within 10 days from notice

Action Upon Commissioners’ Report (Rule 67, Sec. 8)

1. When court renders judgment: Upon
a. Filing of objections to the report or of the
agreement thereon of all interested parties;
or
b. Expiration of 10-day period to object from
the report

2. Court may:
a. After hearing, accept the report and render
judgment in accordance therewith
b. Recommit to commissioners for further
report of facts, for cause shown
FORECLOSURE OF REAL ESTATE MORTGAGE
NATURE JUDGMENT ON FORECLOSURE FOR PAYMENT OR SALE
(Rule 68, Sec. 2)
Foreclosure of Mortgage is a proceedings in a court of
justice conducted according to legal forms by which the If upon trial, the facts set forth in the complaint are true,
mortgagee or his successors or one who has by law the court shall:
succeeded to the rights and liabilities of the mortgagee 1. Ascertain the amount due to the plaintiff upon
undertakes to dispose of, to ban, to cut-off the legal and the mortgage debt or obligation including
equitable claims of lien holders or of the mortgagors or interests, other charges approved, costs
those who have succeeded to the rights and liabilities of
the mortgagor. 2. Render judgment for the sum so found due

The cause of action in a foreclosure suit is generally the 3. Order that the amount be paid to the court or to
non-payment of the mortgage loan, but it may be on other judgment obligee
grounds which under the contract warrant the a. Within a period of not less than 90 days but
foreclosure, such as the violation of the other conditions not more than 120 days from entry of
therein. judgment
b. In default of such payment, property shall be
Foreclosure may be made: sold at public auction to satisfy judgment
1. Judicially – governed by Rule 68
2. Extrajudicially – proper only when so provided in Judgment on Foreclosure is the judgment of the court
contracts in accordance with Act. No. 3135; ordering the debtor to pay within 90-120 days from entry
governed by A.M. No. 99-10-05-0. of judgment after ascertaining the amount due to plaintiff

NOTE: Multiple appeals are allowed under Rule 68

COMPLAINT IN AN ACTION FOR FORECLOSURE (Rule 1. Judgment of foreclosure is appealable (Sec. 2)
68, Sec. 1) 2. Order confirming foreclosure sale is a final
disposition with respect to the issue of validity
Venue: A foreclosure action must be brought in the RTC of and regularity of the sale (Sec. 3)
the province where the land or any part thereof is 3. Deficiency judgment is a disposition on the
situated merits of the correctness of such award (Sec. 6)

Contents of the Complaint:

1. The following dates: SALE OF MORTGAGED PROPERTY; EFFECT (Rule 68,
a. Date and due execution of the real mortgage Sec. 3)
b. Date of the note or other documentary
evidence of the obligation secured by the When Proper: When Defendant fails to pay the amount of
mortgage judgment within the period specified, the court shall
2. Its assignments, if any order the property to be sold.
3. The following names and residences:
a. Of the mortgagor and mortgagee How: By motion and under the provisions of Rule 39.
b. Of all persons having or claiming an interest
in the property subordinate in the right to It is the ministerial duty of the court to order the
that of the holder of the mortgage foreclosure of the property when the debt is not paid
4. Description of the mortgaged property within the period specified.
5. Amount claimed to be unpaid
A motion for such order of sale is non-litigable and may
Defendants in a judicial foreclosure be made ex parte. [Gov’t of P.I. v De las Cajigas (1931)]
1. Persons obliged to pay the mortgage debt
2. Persons who own, occupy, or control the NOTE: Such sale shall not affect the rights of persons
mortgaged premises or any part thereof holding prior encumbrances upon the property or a part
3. Transferee or grantee of the property thereof.
4. Second mortgagee or junior encumbrancers or
any person claiming a right or interest in the Order of Confirmation - When confirmed by an order of
property subordinate to the mortgage sought to the court, also upon motion, it shall operate to divest the
be foreclosed to foreclose their equity of rights in the property of all the parties to the action and to
redemption vest their rights in the purchaser, subject to such rights of
 But if the action is by the junior redemption as may be allowed by law.
encumbrancer, first mortgagee MAY also be
joined as defendant Confirmation of the sale of mortgaged real property vests
5. Mortgagor even if not owner of the mortgaged title in the purchaser including the equity of redemption,
property should be included to satisfy the it retroacts to the date of the sale. It cuts off all the rights
deficiency or interests of the mortgagor and of the mortgagee.
[Lozame v Amores (1985]].
 a. If not, plaintiff shall be entitled to execution
The motion for the confirmation of the sale requires a at such time as the balance remaining
hearing to grant an opportunity to the mortgagor to show becomes due
cause why the sale should not be confirmed [Tiglao v
Botones, 90 Phil 275], as by proof of irregularities therein Instances when court CANNOT render deficiency judgment
or of gross inadequacy of the price. Lack of notice vitiates 1. Recto Law (Art. 1484, par. 3)
the confirmation of the sale. 2. When mortgagor is a non-resident and is not
found in the Philippines
Writ of Possession - Upon the finality of the order of 3. When mortgagor dies, mortgagee may file his
confirmation or upon the expiration of the period of claim with the probate court (Sec. 7, Rule 86)
redemption when allowed by law, the purchaser at the 4. If mortgagor is a third person but not solidarily
auction sale or last redemptioner, if any, shall be entitled liable with debtor
to the possession of the property, unless a third party is  No deficiency judgment may be rendered
actually holding the same adversely to the judgment against owner who is not a mortgagor and
obligor. has not assumed personal liability for the
debt
 Remedy is ordinary action against debtor
DISPOSITION OF PROCEEDS OF SALE (Rule 68, Sec. 4) 5. In case of a mortgage debt due from the estate of
a deceased mortgagor and the mortgage creditor
1. Amount realized from the foreclosure sale, less availed of the third remedy which is to rely upon
costs of the sale, shall be paid to the person his mortgage alone and foreclosing the same
foreclosing within the statute of limitations (Sec. 7, Rule 86)

2. When there is a balance or residue after paying

the mortgage debt, the same shall be paid to JUDICIAL FORECLOSURE vs. EXTRAJUDICIAL
junior encumbrancers in the order of priority as FORECLOSURE
ascertained by the court
JUDICIAL EXTRAJUDICIAL
3. If there are no junior encumbrancers, the residue FORECLOSURE FORECLOSURE
goes to the mortgagor or his authorized agent, or Requires court No court intervention
any other person entitled to it intervention necessary
There is only an equity
Right of redemption exists
of redemption
DEFICIENCY JUDGMENT; INSTANCES WHEN COURT Governed by Rule 68 Governed by Act 3135
CANNOT RENDER DEFICIENCY JUDGMENT (Rule 68, No Deficiency judgment
Sec. 6) There could be a because there is no judicial
Deficiency Judgment proceeding but recovery of
Deficiency Judgment is judgment rendered by the court deficiency is allowed
holding defendant liable for any unpaid balance due to the Recovery of deficiency Recovery of deficiency is
mortgagee if the proceeds from the foreclosure sale do can be done by mere through an independent
not satisfy the entire debt. motion action
In extrajudicial foreclosure, the mortgagee can also
recover by action any deficiency in the mortgage account EQUITY OF REDEMPTION vs. RIGHT OF REDEMPTION
which was not realized in the foreclosure sale. [PNB v. CA
(1999)] Equity of Redemption is the right of the defendant
mortgagor to extinguish the mortgage and retain
A motion for deficiency judgment may be made only after ownership of the property by paying the secured debt
the sale and after it becomes known that a deficiency within the 90 to 120 day period after entry of judgment or
exists. [Governor of the Philippine Islands v. Torralba Vda. even after the foreclosure sale but prior to its
de Santos (1935)] confirmation
If the debtor dies, the deficiency may be filed as a claim
EQUITY OF REDEMPTION RIGHT OF REDEMPTION
against his estate. [Rule 86, Sec. 7]
Right of the defendant
mortgagor to extinguish
How Done: Right of the debtor, his
the mortgage and retain
1. Judgment creditor files motion for deficiency successor in interest, or
ownership of the property
judgment any judicial creditor of said
by paying the secured
2. Court shall then render judgment against debtor or any person
debt within the 90 to 120
defendant for any such balance for which he may having a lien on the
day period after entry of
personally be liable to plaintiff property subsequent to
judgment or even after the
3. Execution may then issue immediately if balance the mortgage or deed of
foreclosure sale but prior
is all due at the time of rendition of judgment
to its confirmation
Period is 90-120 days Period is 1 year from date
 after entry of judgment or of registration of PARTITION
even after foreclosure sale certificate of sale
but prior to confirmation NATURE
Governed by Sec. 29-31,
Governed by Rule 68
Rule 39 Partition is the process of dividing and assigning the
property owned in common among the various co-owners
EXTRAJUDICIAL thereof in proportion to their respective interests in said
JUDICIAL FORECLOSURE
FORECLOSURE property.
Mortgagor has a right to
redeem the property Partition may be:
No right of redemption,
within one year from 1. JUDICIAL – Procedure is Rule 69
only equity of redemption
registration of the deed of 2. EXTRAJUDICIAL – No court intervention required
sale
EXCEPT: Sec. 47 of the The partition of property may be made voluntarily (by
General Banking Act agreement) or compulsorily under the Rules. Even if the
provides that in case of parties had resorted to judicial partition, they may still
extrajudicial foreclosure, make an amicable partition of the property.
EXCEPT: Those granted by
juridical persons shall
banks or banking
have the right to redeem An action for partition and accounting under Rule 69 is in
institutions as provided
until, but not after, the the nature of an action QUASI IN REM. Such an action is
by the General Banking
registration of the essentially for the purpose of affecting the defendant’s
Act (mortgagor may
certificate of foreclosure interest in a specific property and not to render a
exercise a right of
sale with the Register of judgment against him.
redemption)
Deeds which in no case
shall be more than 3
months after foreclosure, WHEN CAN PARTITION BE MADE
whichever is earlier
General Rule: It can be made anytime. The right to
NOTE: What Sec. 2 and 3, Rule 68 provide for is the demand partition is imprescriptible.
mortgagor’s EQUITY, nor right, of redemption. - This
may be exercised by him even beyond the period to pay Exception to Imprescriptibility of Right to Partition: If a co-
the judgment obligation and even after the foreclosure owner asserts adverse title to the property. In which case,
sale itself, provided it be before the order of the period of prescription runs from such time of assertion of
confirmation of sale adverse title.

Exceptions to the Right to Ask for Partition:

1. When there is a stipulation against it, not
exceeding 10 years [Art. 494, Civil Code]
2. When partition is prohibited by the donor or
testator for a period not exceeding 20 years [Art.
494, 1083 Civil Code]
3. When partition is prohibited by law (e.g. ACP,
party wall) [Art. 494, Civil Code]
4. When the property is not subject to a physical
division and to do so would render it
unserviceable for the use for which is it intended
[Art. 495 Civil Code] or
5. When the condition imposed upon voluntary
heirs before they can demand partition has not
yet been fulfilled. [Art. 1084 Civil Code]

WHO MAY FILE COMPLAINT; WHO SHOULD BE MADE

DEFENDANTS (Rule 69, Sec. 1)

Who May File: A person having the right to compel

partition of real estate, or of personal property, or both
real and personal property (Sec. 1, Sec. 13)

Venue: An action for partition should be filed in the RTC of

the province where the property or part thereof is
situated.

Parties
 1. The plaintiff is the person who is supposed to be 2. If they agree, proper instruments of conveyance
a co-owner of the property will be executed to effect the partition.
2. Defendants are all the co-owners, who are
indispensable parties 3. After the execution of instruments of conveyance,
3. Creditors or assignees of co-owners may also the court shall confirm the partition through a
intervene and object to the partition final order.

MATTERS TO ALLEGE IN THE COMPLAINT FOR 4. The final order of partition and the instruments
PARTITION of conveyance shall be registered with the
Registry of Deeds where the property is situated.
Contents of the Complaint: [Rule 69, Sec. 2]
1. Nature and extent of his title
2. Adequate description of the real estate sought to
be partitioned PARTITION BY COMMISSIONERS; APPOINTMENT OF
3. Joining of Defendants – All other persons COMMISSIONERS; COMMISSIONER’S REPORT; COURT
interested in the property ACTION UPON COMMISSIONER’S REPORT

When proper: If parties fail to agree on the manner of

TWO STAGES IN EVERY ACTION FOR PARTITION partition, commissioners are appointed to make partition.

First Stage: Determination of the propriety of partition How Done: The court appoints not more than 3 competent
and disinterested commissioners to make the partition.
This involves a determination of whether the subject (Sec. 3)
property is owned in common and whether all the co-
owners are made parties in the case. Oath of the Commissioners: Before entering into their
duties, commissioners must first make an oath that they
The order may also require an accounting of rents and will faithfully perform their duties as commissioners.
profits recovered by the defendant. This order of partition Such oath is to be filed in court. (Sec. 4)
is appealable. [Miranda v. Court of Appeals (1976)]
Duties of the Commissioners:
If not appealed, then the parties may partition the 1. They shall view and examine real estate, after
common property in the way they want. If they cannot due notice to parties to attend at such view and
agree, then the case goes into the second stage. However, examination
the order of accounting may in the meantime be executed. 2. They shall hear the parties as to their preference
[De Mesa v. CA (1994)] in the portion to be set apart to them
3. They shall also determine the comparative value
thereof
Second Stage: Actual partitioning of the subject property 4. They shall set apart the same to the parties in lots
or parcels as will be most advantageous and
This is also a complete proceeding and the order or equitable considering the improvements,
decision is appealable. situation, and quality of the parts thereof

When there was a prior partition, the fact that the share Assignment of Real Estate to One Party (Sec. 5)
of each co-heir has not been technically described and the 1. General Rule: If the commissioners should
title over the whole lot remains uncancelled does not determine that the real estate cannot be divided
negate such partition. without prejudice to the interests of the parties,
the court may order that the property be
There can be no partition again because there is no more assigned to one of the parties willing to take the
common property. [Noceda v. CA (1999)] same PROVIDED he pays to the other parties
such amounts as the commissioners deem
equitable
ORDER OF PARTITION AND PARTITION BY
AGREEMENT 2. Exception: if one of the parties asks that the
property be sold instead of being so assigned,
Order of Partition: The court issues an order of partition then the court shall ORDER the commissioners to
AFTER the trial and the court finds that the plaintiff has a sell the real estate at public sale under such
right to partition. The court orders the partition of the conditions and within such time as the court may
property. determine

The parties may make the partition proper themselves, by Commissioner’s Report: Commissioners shall make a full
agreement: accurate report to the court. Contents:
1. After the issuance of the order of partition, the 1. All proceedings as to the partition, or
parties will then be asked if they agree to make 2. The assignment of real estate to one of the
partition of the property among themselves parties, or
3. The sale of the same
Upon filing of Commissioner’s Report: PARTITION OF PERSONAL PROPERTY
1. Clerk shall serve copies on all interested parties
with notice that they are allowed to file The provisions of Rule 69 shall apply to partitions of
objections estates composed of personal property, or of both real
2. Parties may file objections within 10 days upon and personal property, in so far as the same may be
receipt of notice applicable. (Sec. 13)

Hearing on the Report (Sec. 7)

1. When Conducted: PRESCRIPTION OF ACTION
a. Upon expiration of the 10 day period for
filing objections; or The right of action to demand partition does not prescribe
b. Even before expiration but after the [De Castro v. Echarri (1911)], EXCEPT where one of the
interested parties have filed their objections interested parties openly and adversely occupies the
or their statement of agreement therewith property without recognizing the co-ownership [Cordova
v. Cordova (1958)] in which case, acquisitive prescription
2. The court may: may set in.
a. Accept the report and render judgment in
accordance therewith; or If a co-owner repudiates the co-ownership and makes
b. Recommit the same to commissioners for known such repudiation to the other co-owners, then
further report of facts, for cause shown; or partition is no longer a proper remedy of the aggrieved
c. Set aside the report and appoint new co-owner. He should file an accion reivindicatoria, which
commissioners; or is prescriptible. [Roque v. IAC (1988)]
d. Accept the report in part and reject in part;
e. Make such order and render such judgment
as shall effectuate a fair and just partition of
the real estate, or of its value, if assigned or
sold

JUDGMENT AND ITS EFFECTS (Rule 69, Sec. 11)

Contents of Judgment Effects of Judgment

If Actual Partition Is Properly Made
Judgment shall state
Judgment shall vest in
definitely, by metes and
each party to the action in
bounds and adequate
severalty the portion of
description, the particular
the real estate assigned to
portion of the real estate
him.
assigned to each party.
If The Whole Property Is Assigned To One Of The Parties
After Payment
Judgment shall vest in the
Judgment shall state the fact
party making the payment
of such payment and of the
the whole of the real
assignment of the real estate
estate free from any
to the party making the
interest on the part of the
payment.
other parties.
If Property Is Sold And Sale Is Confirmed By The Court

Judgment shall state the Judgment shall vest the

name of the purchaser or real estate in the
purchasers and a definite purchaser(s), making the
description of the parcels of payment(s) free from the
real estate sold to each claims of any parties to the
purchaser action.

A certified copy of the judgment shall in either case be

recorded in the registry of deeds of the place in which the
real estate is situated. [Rule 69, Sec. 11]
 FORCIBLE ENTRY AND UNLAWFUL year more than
DETAINER one year
All cases of
NATURE forcible entry
and unlawful
Ejectment cases are SUMMARY proceedings intended to detainer,
RTC has jurisdiction if value of the
provide an expeditious means of protecting actual irrespective of
property exceeds P20,000 outside
possession of property. the amount of
Metro Manila; exceeds P50,000
damages or
within Metro Manila.
Reason: The owners of property have no authority to use unpaid rentals
force and violence to eject alleged usurpers who were in sought to be
MTC has jurisdiction if value of
prior physical possession of it. They must file the recovered
property does not exceed the above
appropriate action in court and should not take the law in should be
amounts
their own hands. brought to the
(RA 7691 expanded the jurisdiction
MTC.
of 1st level courts)
NOTE: The Rule on Summary Procedure applies However, if not
only in cases filed before the MTC brought within
1 year, RTC has
DEFINITIONS AND DISTINCTIONS jurisdiction

FORCIBLY ENTRY UNLAFUL DETAINER

(Detentacion) (Desahucio) HOW TO DETERMINE JURISDICTION
Possession is inceptively
Possession of land by In Accion Interdictal: In the proper Municipal Trial Court
lawful but it becomes
defendant is unlawful
illegal by reason of the
from the beginning as he NOTE: Amount of rents and damages claimed
termination of his right to
acquires possession by does not affect the jurisdiction of the MTC
possession of the property
force, intimidation, because they are only incidental or accessory to
under his contract with the
strategy, threat, or stealth the main action
plaintiff
Demand is jurisdictional if
No previous demand for HOWEVER, municipal courts have no jurisdiction over a
the ground is non-payment
defendant to vacate the FEUD case involving agricultural tenants. Jurisdiction is
of rentals or failure to
premises is necessary with the HLURB
comply with lease contract
Plaintiff must prove that
In accion publiciana and accion reinvindicatoria:
he was in prior physical
Plaintiff need not have 1. RTC has jurisdiction where the assessed value of
possession of the
been in prior physical the property exceeds P20K or, in MM, P50k
premises until he was
possession 2. MTC has jurisdiction if the assessed value does
deprived thereof by
not exceed said amounts
defendant
The 1-year period is
Period is counted from the
generally counted from
date of last letter of WHO MAY INSTITUTE THE ACTION AND WHEN;
date of actual entry on
demand AGAINST WHOM MAINTAINED
land
The issue centers on who The issue centers on
Who May Institute Proceedings (Rule 70, Sec. 1)
was in prior possession de whether the defendant’s
1. In Forcible Entry:
facto. right to possess has
a. A person deprived of possession of any land
expired or not.
or building by force, intimidation, strategy,
threat, or stealth (FISTS)
DISTINGUISHED FROM ACCION PUBLICIANA, ACCION
2. In Unlawful Detainer:
REINVINDICATORIA, ACCION INTERDICTAL
a. Lessor, vendor, vendee or other person
against whom any land or building is
The Three Kinds of Action for Recovery of Possession
unlawfully withheld
b. Or their legal representatives or assigns
ACCION ACCION ACCION
INTERDICTAL PUBLICIANA REINVINDICATORIA Period of Filing: Within ONE (1) year after such unlawful
Summary action A plenary deprivation or withholding of possession. Reckoning
for recovery of action for An action for points:
physical recovery of recovery of 1. For forcible entry, it is counted from date of entry
possession real right of ownership, which or taking of possession
where the possession necessarily includes 2. For unlawful detainer, it is counted from:
dispossession when the recovery of a. Date of last demand to vacate in case of non-
has not lasted dispossession possession payment of rent or non-compliance with
for more than 1 has lasted for conditions of the lease
 b. Date of notice to quit, in case of tacit renewal
of lease Effect of Failure to Answer (Rule 70, Sec. 7) - Court shall
c. Date of revocation of the permit in case of render judgment; motu proprio or upon motion
occupancy on mere tolerance or under 1. Judgment:
temporary permit a. Warranted by the facts alleged in the
complaint
Against whom may the action be maintained - Person or b. Limited to what is prayed for
persons unlawfully withholding or depriving of 2. Court may reduce the amount of damages and
possession, or any person/s claiming under them: attorney’s fees claimed
1. Action of Forcible Entry and Unlawful Detainer a. For being excessive or otherwise
(FEUD) may be maintained only against one in unconscionable
possession at the commencement of the action b. In the exercise of its discretion
2. Tenant with right of possession may bring action c. No prejudice to applicability of Sec. 3(c), Rule
against another tenant 9 if there are 2 or more defendants
3. Vendor may bring action for ejectment against
vendee upon failure to pay installments Preliminary Conference (Rule 70, Sec. 8) – Preliminary
4. FEUD lie against the very owner of the property conference shall be held not later than 30 days after filing
5. Action may be maintained against government of last answer.
officials or agents acting in behalf of the
government, even if government is not made a Submission of Affidavits and Position Papers (Rule 70, Sec.
party to the action 10) – Affidavits and position papers are to be submitted
within 10 days from receipt of the Order stating the
matters taken in the preliminary conference.
PLEADINGS ALLOWED
Rendition of Judgment (Rule 70, Sec. 11) – Court shall
Pleadings must be VERIFIED. (Rule 70, Sec. 4) render judgment within 30 days after receipt of affidavits
and position papers.
What must be alleged in a complaint for forcible entry:
1. That plaintiff was in prior physical possession of
the property in litigation until he was deprived WHEN DEMAND NECESSARY
thereof by defendant
2. That the dispossession was through FISTS Rule 70, Sec. 2 requires a prior written demand against
3. That the complaint was filed within 1 year from the lessee before the lessor can proceed against him.
dispossession
NOTE: This applies ONLY to unlawful detainer
What must be alleged in a complaint for unlawful detainer: cases.
1. That defendant is unlawfully withholding
possession from plaintiff because his right to It is only where defendant fails to comply with the
possess had expired demand within the periods provided by Sec. 2 will his
2. That landlord has made a demand upon tenant to possession become unlawful.
comply with the terms of the contract and to
return the possession of the property, and that Requisites before the lessor can proceed against lessee
the tenant failed to satisfy the demand within 15 1. Demand is made by lessor to lessee:
or 5 days, in case of buildings a. Demand to pay and vacate; or
3. That the complaint is filed within 1 year from b. Demand to comply with conditions of the
demand lease and to vacate
2. Lessee fails to comply with the demand:
Allowed pleadings: a. After 15 days in the case of lands; or
1. Complaint b. After 5 days in case of buildings
2. Compulsory Counterclaim pleaded in the answer
3. Cross-claim pleaded in the answer NOTE: Demand contemplated by Sec. 2 is jurisdictional
4. Answer and is always two-fold.

Demand upon a tenant may be oral. (Jakihaca v. Aquino,

ACTION ON COMPLAINT (Rule 70, Sec. 5) 1990)

From the examination of allegations in the complaint, the A person who occupies the land of another at the latter's
court may: tolerance or permission, without any contract between
1. Dismiss the case outright on any grounds them is necessarily bound by an implied promise that he
mentioned in Rule 16 will vacate upon demand, failing which, an action for
2. If there is no ground for dismissal, court issues unlawful detainer may be instituted against him.
summons (Dakudao v. Consolacion, 1983)

Answer by defendant (Rule 70, Sec. 6) – Defendant shall

file his answer within 10 days from service of summons
PRELIMINARY INJUNCTION AND PRELIMINARY a. UNLESS it be proven that there has been a
MANDATORY INJUNCTION subsequent change in or termination of that
relationship between parties
Court may grant preliminary injunction in accordance
with Rule 58 to prevent defendant from committing 4. The rule in forcible entry, but not in unlawful
further acts of dispossession against plaintiff (Rule 70, detainer, is that a party who can prove prior
Sec. 15). possession can recover such possession even
against the owner himself
How done: Possessor may present a motion in the action a. Hence, it prior possession may be
for issuance of preliminary mandatory injunction within 5 ascertained in some other way, inferior court
days from filing of complaint to restore him in his cannot intrude into the issue of ownership
possession. Court shall decide the motion within 30 days
from filing. 5. Where the question of who has prior possession
hinges on the issue of who the real owner is
Preliminary mandatory injunction shall be available: a. Inferior court may resolve issue of
1. At the start of the action (Rule 70, Sec. 15) ownership
2. On appeal to the RTC (Sec. 2) upon motion of b. But such pronouncement is merely
plaintiff within 10 days from perfection of appeal provisional
c. It does not bar or prejudice an action
Preliminary preventive injunction is available in between the same parties involving title
either case. Note that Sec. 15 makes the provisions of
Rule 58 applicable to Rule 70.
HOW TO STAY IMMEDIATE EXECUTION OF JUDGMENT
NOTE: Note that there is no distinction as to the type of (Rule 70, Sec. 19)
ejectment case involved.
GENERAL RULE: Judgment of the MTC against defendant
The injunction is to restore to plaintiff in possession in ejectment cases is immediately executory
1. If the court is satisfied that the defendant’s
appeal is frivolous or dilatory, or EXCEPTION: When the following concur:
2. That the appeal of plaintiff is prima facie 1. The defendant perfects his appeal
meritorious 2. He files a sufficient supersedeas bond
 To pay the rents, damages, and costs
accruing down to the time judgment
RESOLVING DEFENSE OF OWNERSHIP (Rule 70, Sec. 16) appealed from
 The supersedeas bond shall be transmitted
In an action for unlawful detainer, the question of by the MTC, with the other papers, to the RTC
possession is primordial while the issue of ownership is Clerk
generally unessential. The issue of ownership should be 3. He deposits with the appellate court:
raised by the affected party in an appropriate action. a. The amount of rent due from time to time
under the contract, or
Under BP 129, when in FEUD cases, the defendants raise b. In the absence of contract, the reasonable
the question of ownership in his pleadings, and the issue value of the use and occupation of premises
of ownership, the MTCs nevertheless have undoubted for the preceding month or period
competence to resolve the issue of ownership ONLY TO determined by judgment on or before the
DETERMINE THE ISSUE OF POSSESSION 10th day of each succeeding month or period
(Chua v. CA, 1998)
Guidelines laid down by the Court in Refugia, et al. v. CA
regarding the legislative prescription in Sec. 33 (2). BP The judgment of the Regional Trial Court against the
129: defendant shall be immediately executory, without
1. Primal rule is that the principal issue must be prejudice to a further appeal that may be taken
that of possession therefrom. (Rule 70, Sec. 21)
a. Ownership is merely ancillary
b. Issue of ownership may be resolved but only
for the purpose of determining the issue of SUMMARY PROCEDURE, PROHIBITED PLEADINGS
possession
GENERAL RULE: All actions for FEUD shall be governed
2. It must sufficiently appear from allegations of by the summary procedure of Rule 70, irrespective of the
complaint that what plaintiff really and primarily amount of damages or unpaid rentals sought to be
seeks is restoration of possession recovered

3. Inferior court cannot adjudicate on the nature of EXCEPTIONS:

ownership where relationship of lease has been 1. In cases covered by the agricultural tenancy laws
sufficiently established 2. When the law otherwise expressly provides

Prohibited Motions:
 1. Motion for a BILL of particulars CONTEMPT
2. Motion for EXTENSION of time to file pleadings,
affidavits, or any other paper NATURE
3. Motion for NEW trial, or for reconsideration of a
judgment, or for reopening of trial Contempt of Court is disobedience to the court by acting
4. Motion to DISMISS the complaint; Except on the in opposition to its authority, justice, and dignity. It
ground for lack of jurisdiction over the subject signifies not only a willful disregard of disobedience to
matter or failure to comply with Sec. 12 the court’s orders but also conduct tending to bring the
5. Motion to DECLARE defendant in default authority of the court and administration of law into
6. DILATORY motions for postponement disrepute, or, in some manner, to impede the due
administration of justice.
Prohibited Pleadings:
1. THIRD-party complaints The power to declare person in contempt of court and in
2. REPLY dealing with him accordingly is an INHERENT power of
3. INTERVENTIONS the court. It is used as a means to protect and preserve
4. PETITION for relief from judgment the dignity of the court, the solemnity of the proceedings,
5. PETITION for certiorari, mandamus, or and administration of justice.
prohibition against any interlocutory order
issued by the court
KINDS OF CONTEMPT; PURPOSE AND NATURE OF
EACH

According to Nature
1. CRIMINAL CONTEMPT – conduct directed against
the authority and dignity of the court or a judge
acting judicially
2. CIVIL CONTEMPT – failure to do something
ordered to be done by a court or by a judge for
the benefit of the opposing party

CRIMINAL CONTEMPT CIVIL CONTEMPT

Punitive in nature Remedial in nature
Purpose is to provide a
Purpose is to preserve the remedy for an injured
court’s authority and to suitor and to coerce
punish for disobedience of compliance with an order;
its orders for the preservation of the
rights of private persons
Intent is necessary Intent is not necessary
Instituted by the aggrieved
party, or his successor, or
State is the real
someone who has a
prosecutor
pecuniary interest in the
right to be protected
Proof required is proof Proof required is more
beyond reasonable doubt than mere preponderance
If judgment is for
If accused is acquitted,
respondent, there can be
there can be no appeal
appeal

According to Manner of Commission

1. DIRECT CONTEMPT – act committed in the
presence of or so near the court or judge as to
obstruct or interrupt the proceedings before the
same
2. INDIRECT CONTEMPT – one not committed in
the presence of the court. It is an act done at a
distance which tends to belittle, degrade,
obstruct, or embarrass the court and justice

DIRECT CONTEMPT INDIRECT CONTEMPT

Committed in the
Not committed within the
presence of or so near a
presence of the court
court
 There is charge and Fine not exceeding P200
Summary in nature
hearing If lower court: and/or
Punishment: Imprisonment not
Punishment:
If committed against the exceeding 1 day
If committed against RTC:
RTC: Fine of not exceeding
Fine not exceeding
P2,000 and/or Remedy of a person adjudged in direct contempt (Rule 71,
P30,000 and/or
imprisonment not Sec. 2)
imprisonment not
exceeding 10 days 1. He cannot appeal
exceeding 6 months
If committed against the 2. But he may file certiorari or prohibition
If committed against MTC:
MTC: Fine not exceeding a. Execution of judgment shall be suspended
Fine not exceeding P5,000
P200 and or pending resolution of such petition,
and/or imprisonment not
imprisonment not PROVIDED:
exceeding 1 month
exceeding 1 day (1) He files a bond fixed by the court which
Remedy is certiorari or rendered judgment, and
Remedy is appeal
prohibition (2) Conditioned that he will abide by and
Otherwise known as Otherwise known as perform the judgment should the
Contempt in Facie Curiae Constructive Contempt petition be decided against him

Contempt, whether direct or indirect, may be civil or

criminal depending on the nature and effect of INDIRECT CONTEMPT
contemptuous act.
Specific acts constituting indirect contempt (Rule 70, Sec.
The real character of the proceedings in contempt cases is 3)
to be determined by the relief sought or by the dominant 1. MISBEHAVIOR of an officer of a court in the
purpose. The proceedings are to be regarded as criminal performance of his official duties or in his official
when the purpose is primarily punishment, and civil transactions
when the purpose is primarily compensatory or remedial. 2. ABUSE of or any unlawful interference with
processes or proceedings of a court not
constituting direct contempt
DIRECT CONTEMPT 3. DISOBEDIENCE or resistance to lawful writ,
process, order, or judgment of a court, or any
For a person to be adjudged guilty of direct contempt, he unlawful intrusion to any real property after
must commit a “misbehavior in the presence of or so near being ejected
a judge as to interrupt the administration of justice …” 4. FAILURE to obey subpoena duly served
5. ASSUMING to be an attorney or officer of a court,
Grounds for Direct Contempt (Rule 71, Sec. 1) and acting as such without authority
1. DISRESPECT toward the court; 6. IMPROPER conduct tending to impede, obstruct,
2. OFFENSIVE personalities toward others or degrade administration of justice
3. REFUSAL to be sworn or answer as witness or 7. RESCUE, or attempted rescue, of a person or
subscribe an affidavit when lawfully required to property in custody of an officer
do so 8. Failure by COUNSEL to inform the court of the
4. MISBEHAVIOR in the presence of or so near a death of his client
court as to obstruct or interrupt the proceedings
5. When the counsel WILLFULLY and deliberately Procedural requisites for indirect contempt proceedings:
engages in forum shopping 1. A charge in writing or an order of the court to
appear and explain
Procedure: Summarily adjudged in contempt by such 2. An opportunity for respondent to comment on
court the charge and to appear and explain his conduct

By whom initiated: Two modes of commencing a proceeding for indirect

1. Generally, civil contempt proceedings should be contempt (Rule 70, Sec. 4)
instituted by an aggrieved party, or his successor, 1. Motu proprio by the court against which
or someone who has pecuniary interest in the contempt was committed
right to be protected a. By order or any other formal charge
2. In criminal contempt proceedings, it is generally requiring respondent to show why he should
held that the State is the real prosecutor not be punished for contempt

Penalties: 2. Independent action in all other cases

a. By a charge commenced by a verified petition
OFFENSE PENALTY with supporting particulars
Fine not exceeding P2,000
If RTC or a court of and/or Where Charge is to be Filed (Rule 70, Sec. 5)
equivalent or higher rank Imprisonment not 1. General rule: Proceeding for Indirect Contempt
exceeding 10 days shall be filed and tried by the court against which
the contumacious conduct was committed.
 2. Exceptions:
a. If committed against a lower court, it may be CONTEMPT AGAINST QUASI-JUDICIAL BODIES (Rule
tried by the RTC, regardless of the imposable 71, Sec. 12)
penalty; and
b. If committed against the SC, it may cause it to Rule 71 shall apply to contempt committed against
be investigated by the prosecutor and filed persons, entities, bodies, or agencies exercising quasi-
with the RTC, or for hearing and judicial functions or have suppletory effect to such rules
recommendation where the charge involves as they may have adopted.
questions of fact
RTC of the place where the contempt was committed shall
Penalties for indirect contempt (Rule 71, Sec. 7) have jurisdiction.

OFFENSE PENALTY It is not within the jurisdiction and competence of quasi-

Fine not exceeding P30,000 judicial bodies to decide indirect contempt cases. The
If against RTC, or requirement for a verified petition must also be complied
and/or
court of equivalent or with (e.g. DARAB has no power to decide the contempt
Imprisonment not exceeding 6
higher rank charge filed before it). [Land Bank v Listana (2003)]
months
Fine not exceeding P500, and/or
If committed against Rule 71, Sec. 12 confers contempt powers on all Quasi-
Imprisonment not exceeding 1
lower court Judicial entities or supplements their rules, unless the
month
Offender may also be ordered to applicable law provides otherwise.
make complete restitution to the
party injured by such violation of Acts or violations against quasi-judicial bodies punishable
the property involved or such as contempt: where a person, without lawful excuse, fails
If contempt consists amount as may be alleged and to appear, make oath, give testimony or produce
in violation of a writ proved. documents when required to do so by the official or body
of injunction, TRO, or exercising such powers. Other acts or violations cannot be
status quo order If there is nothing more to punished as contempt unless specifically defined in the
return, offender is personally governing law as contempt of court or if it authorizes the
liable for the restitution of the quasi-judicial body to punish for contempt, and providing
money equivalent to the lost the corresponding penalty. [People v. Mendoza (1953),
thing (Rosario Textile Mills v. CA) §13, Ch. 3, Bk VII, Admin Code of 1987]
If committed against Penalty shall depend upon the
a person or entity provisions of the law which
exercising quasi- authorizes penalty for contempt
judicial functions against such persons or entities

Remedy of a person adjudged in indirect contempt (Rule

71, Sec. 11)

May be appealed to the proper court as in criminal cases,

but execution shall not be suspended until BOND is filed.

WHEN IMPRISONMENT SHALL BE IMPOSED

When the contempt consists in the refusal or omission to

do an act which is yet in the power of the respondent to
perform, he may be imprisoned by order of the court
concerned until he performs it. (Rule 71, Sec. 8)

The respondent “carried the keys to his prison in his own

pocket.” [Galvez v. Republic Surety & Insurance Co., Inc.
(1959)]

Only the judge who ordered the confinement of the

person for contempt of court can issue the Order of
Release. [Inoturan v Limsiaco, Jr. (2005)]

Rule 71, Sec. 8 does not apply to tenants who refused or

failed to pay their rentals to the special administratrix of
the property. The non-payment of rentals, which is a civil
debt, is covered by the constitutional guarantee against
imprisonment. [Regalado]
 THE SPECIAL CIVIL ACTIONS
JURISDICTION VENUE
Personal Property:
1. MTC – if value not more than P300,000 outside Metro Manila, or not Rule 4 applies
more than P400,000 in Metro Manila (Sec. 33, BP129)
2. RTC – value exceeds P300,000 outside Metro Manila, or P400,000 in If the action affects title to or possession of real property
Metro Manila, or if incapable of pecuniary estimation (Sec. 19, BP129) Venue is where the real property involved or a portion thereof is situated
INTERPLEADER
Real Property All other actions—At the election of the plaintiff
1. MTC – assessed value not more than P20,000 outside Metro Manila or 1. Where plaintiff or any of the principal plaintiffs reside; or
not more than P50,000 in Metro Manila (Sec. 33, BP 129) 2. Where defendant or any of the principal defendants resides; or
2. RTC – value exceeds P20,000 if outside Metro Manila, or P50,000 if in 3. In case of an non-resident, where he may be found
Metro Manila, or incapable of pecuniary estimation (Sec. 19, BP129)
Rule 4 applies

If the action affects title to or possession of real property

GENERAL RULE: In the appropriate RTC
Venue is where the real property involved or a portion thereof is situated
DECLARATORY RELIEF
EXCEPTION: Where the action is for reconveyance, cancellation or quieting of title
All other actions—At the election of the plaintiff
to real property, jurisdiction will depend on the assessed value of the property
1. Where plaintiff or any of the principal plaintiffs reside; or
2. Where defendant or any of the principal defendants resides; or
3. In case of an non-resident, where he may be found
REVIEW OF
JUDGMENTS AND FINAL With the SC
Certiorari rules apply
ORDERS OF Via Special Civil Action of Certiorari
COMELEC/COA
RTC, CA, SC,
CERTIORARI RTC where the respondent is situated, where petition relates to an act or omission of a corporation, board,
Sandiganbayan (in aid of its appellate jurisdiction),
PROHIBITION an officer, or person
COMELEC (in election cases involving an act or omission by MTC or RTC, in aid of
MANDAMUS (Rule 65, Sec. 4)
its appellate jurisdiction_
Action can be brought in: The SC, CA, or RTC exercising jurisdiction over the territorial area where
RTC, CA, SC
respondent resides or any of the respondent resides
Sandiganbayan (exclusive original jurisdiction over quo warranto cases filed by
the PCGG)
QUO WARRANTO If commenced by the SolGen, it may be filed with: RTC Manila, CA, or SC
COMELEC (exclusive jurisdiction over cases falling under the OEC)
SEC for quo warranto against duly licensed association (Corp Code rules apply, not
File in the SEC (following the Corp Code):If petition for quo warranto is against a corporation or against
the ROC)
persons who usurp an office in a corporation
EXPROPRIATION With the RTC Where the real property involved, or a portion thereof, is situated
JUDICIAL
With the RTC Where the real property involved, or a portion thereof, is situated
FORECLOSURE
Rule 4 applies

If the action affects title to or possession of real property

PARTITION With the RTC
Venue is where the real property involved or a portion thereof is situated

All other actions—At the election of the plaintiff

FORCIBLE ENTRY AND
With the MTC Where the real property involved, or a portion thereof, is situated
UNALWFUL DETAINER
If committed against RTC or a court of equivalent or higher rank, or against an officer appointed by it: File
with such court
CONTEMPT MTC, RTC, CA, SC If committed against a lower court. File with the RTC of the place in which lower court is sitting
If act was committed against persons or entities exercising quasi-judicial functions: File with the RTC of the
place wherein contempt was committed
SPECIAL RULES
or unconscionable without prejudice to the applicability
of Sec. 4, Rule 18 ROC, if there are 2 or more defendants

PRELIMINARY CONFERENCE AND APPEARANCES OF

PARTIES (Sec. 7)
REVISED RULES ON SUMMARY PROCEDURE
A preliminary conference shall be held not later than 30
days after the last answer is filed.
CASES COVERED BY THE RULE (Sec. 1)
Rules on pre-trial in ordinary cases shall be
Rule shall govern the summary procedure in the MTC,
applicable unless inconsistent with the provisions of
MTC in Cities, MCTC in the following cases falling within
this Rule
their jurisdiction:
Failure of plaintiff to appear in preliminary conference
For Civil Cases:
1. Cause for dismissal of complaint
1. Cases of forcible entry and unlawful detainer
2. Defendant who appears in the absence of plaintiff
a. Irrespective of the amount of damages or
shall be entitled to judgment on his counterclaim
unpaid rentals sought to be recovered
in accordance with Sec. 6
b. Where attorney’s fees are awarded, it shall
3. All cross-claims shall be dismissed
not exceed P20,000
If sole defendant shall fail to appear
2. All other civil cases where total amount of
1. Plaintiff entitled to judgment in accordance with
plaintiff’s claim does not exceed P100,000 or
Sec. 6
P200,000 in Metropolitan Manila, exclusive of
2. Rule shall not apply where one of 2 or more
interest and costs
defendants sued under a common cause of action
a. EXCEPT: probate proceedings
who had pleaded a common defense shall appear
at preliminary conference
For Criminal Cases
1. Traffic laws, rules, and regulations violation
2. Rental law violations
3. Municipal or city ordinance violations
4. All other criminal cases where penalty prescribed
by law for offense charged is imprisonment not
exceeding 6 months and/or a fine not exceeding
P1,000
a. Irrespective of other imposable penalties,
accessory or otherwise, or of civil liability
arising therefrom
b. In offenses involving damage to property
through criminal negligence, this rule shall
govern where imposable fine does not
exceed P10,000

Rule shall not apply:

1. To a civil case where plaintiff’s cause of action is
pleaded in the same complaint with another
cause of action subject to ordinary procedure
2. To a criminal case where offense charged is
necessarily related to another criminal case
subject to ordinary procedure

EFFECT OF FAILURE TO ANSWER (Sec. 6)

If defendant fail to answer the complaint within the

period provided, court (motu proprio or on motion of
plaintiff) shall render judgment

The judgment:
1. As may be warranted by the facts alleged in the
complaint and
2. Limited to what is prayed for

The court may in its discretion reduce the amount of

damages and attorney’s fees claimed for being excessive
 KATARUNGANG PAMBARANGAY LAW (PD VENUE (RA 7610, Sec. 409)
1508; RA 7160 as amended)
PARTIES LUPON
SCOPE AND APPLICABILITY OF THE RULE Between actual residents
Lupon of said barangay
of the same barangay
RA 7610 Sec. 399-422, and 515 is applicable. The LGC is Lupon of the barangay
Between actual residents
now the governing law on Katarungang Pambarangay. PD where the respondent or
of different barangays but
1508 was expressly repealed any of the respondents
within same
actually resides at the
city/municipality
CASES COVERED option of complainant
Lupon of barangay were
All disputes, civil and criminal in nature, where parties Involving real property or the real property or the
actually reside in the SAME CITY/MUNICIPALITY are any interest therein larger portion thereof is
subjected barangay conciliation. located
Between parties arising at Lupon of the barangay
SUBJECT MATTER FOR AMICABLE SETTLEMENT (Sec. the workplace or at were the workplace or
408, RA 7160) institutions of learning institution is located

The lupon of each barangay shall have authority to bring EXECUTION

together the parties actually residing in the same city or
municipality for amicable settlement of all disputes. The amicable settlement or arbitration award may be
enforced by execution by the lupon within six (6) months
WHEN PARTIES MAY GO DIRECTLY TO COURT from the date of the settlement. After the lapse of such
time, the settlement may be enforced by action in the
In these cases, referral to barangay conciliation is not a appropriate city or municipal court. (Sec. 417, RA 7160)
condition precedent for filing a case to court:
REPUDIATION
1. Where one party is the government, or any
subdivision or instrumentality thereof; Any party to the dispute may, within ten (10) days from
the date of the settlement, repudiate the same by filing
2. Where one party is a public officer or employee, with the lupon chairman a statement to that effect sworn
and the dispute relates to the performance of his to before him, where the consent is vitiated by fraud,
official functions; violence, or intimidation. Such repudiation shall be
sufficient basis for the issuance of the certification for
3. Offenses punishable by imprisonment exceeding filing a complaint as hereinabove provided. (Sec. 418, RA
one (1) year or a fine exceeding Five thousand 7160)
pesos (P5,000.00);

4. Offenses where there is no private offended

party;

5. Where the dispute involves real properties

located in different cities or municipalities unless
the parties thereto agree to submit their
differences to amicable settlement by an
appropriate lupon;

6. Disputes involving parties who actually reside in

barangays of different cities or municipalities,
except where such barangay units adjoin each
other and the parties thereto agree to submit
their differences to amicable settlement by an
appropriate lupon;

7. Such other classes of disputes which the

President may determine in the interest of Justice
or upon the recommendation of the Secretary of
Justice.

The court in which non-criminal cases not falling within

the authority of the lupon under this Code are filed may,
at any time before trial motu propio refer the case to the
lupon concerned for amicable settlement.
 RULES OF PROCEDURE FOR SMALL CLAIMS If no ground of dismissal is found, the court shall issue
CASES (A.M. No. 08-8-7-SC) Summons directing defendant to submit a verified
response. (Sec. 10)
SCOPE AND APPLICABILITY OF THE RULE
The defendant shall file with the court and serve on the
This Rule shall govern the procedure in actions before the plaintiff a duly accomplished and verified Response
MeTC, MTC in Cities, MTC and MCTC for payment of within a non - extendible period of ten (10) days from
money where the value of the claim does not exceed receipt of summons (Sec. 11). Attachments:
P100,000 exclusive of interest and costs. (Sec. 2) 1. Certified photocopies of documents
2. Affidavits of witnesses
This Rule is applicable in all actions which are; (Sec. 4) 3. Evidence in support
1. Purely civil in nature where the claim or relief
prayed for by the plaintiff is solely for payment or NOTE: No evidence shall be allowed during
reimbursement of sum of money, and hearing which was not attached or submitted
together with the Response.
2. Civil aspect of criminal action, or reserved upon
the filing of the criminal action in court, pursuant Should the defendant fail to file his response within the
to Rule of 111 of the Revised Rules of Criminal required period, the court by itself shall render judgment
Procedure. as may be warranted by the facts alleged in the Statement
of claim limited to what is prayed for. The court however,
These claims or demands may be; may, in its discretion, reduce the amount of damages for
1. For money owned under any of the following; being excessive or unconscionable. (Sec. 12)
a. Contract of Lease;
b. Contract of Loan; PROHIBITED PLEADINGS AND MOTIONS (Sec. 14)
c. Contract of Services;
d. Contract of Sale; or The following pleadings, motions, and petitions shall not
e. Contract of Mortgage; be allowed in the cases covered by this Rule:

2. For damages arising from any of the following; 1. Motion to dismiss the compliant except on the
a. Fault or negligence; ground of lack of jurisdiction;
b. Quasi-contract; or 2. Motion for a bill of particulars;
c. Contract; 3. Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial;
3. The enforcement of a barangay amicable 4. Petition for relief from judgment;
settlement or an arbitration award involving a 5. Motion for extension of time to file pleadings,
money claim covered by this Rule pursuant to affidavits, or any other paper;
Sec. 417, LGC. 6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the
COMMENCEMENT OF SMALL CLAIMS ACTION; court;
RESPONSE (Sec. 5) 8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
How commenced: By filing with the court an accomplished 10. Reply;
and verified STATEMENT OF CLAIM in duplicate 11. Third-party complaints; and
12. Interventions.
Attachments to the Statement of Claim:
1. Certification of Non-forum Shopping APPEARANCES
2. Two (2) duly certified photocopies of the
actionable document/s subject of the claim The parties shall appear at the designated date of hearing
3. Affidavits of witnesses and other evidence to personally or through a representative authorized under
support the claim a Special Power of Attorney to:
1. Enter into an amicable settlement,
NOTE: No evidence shall be allowed during the 2. Submit of Judicial Dispute Resolution (JDR) and
hearing which was not attached to or submitted 3. Enter into stipulations or admissions of facts and
together with the Claim. UNLESS good cause is shown of documentary exhibits (Sec. 16)
for admission of additional evidence.
No attorney shall appear in behalf of or represent a party
No formal pleading, other than the Statement of Claim, is at the hearing, unless the attorney is the plaintiff or
necessary to initiate a small claims action. defendant. (Sec. 17)

After examination of allegations of the Claim, the court Failure to appear:

may dismiss outright the case for any of the grounds 1. If plaintiff fails to appear – it shall be a cause for
apparent for the dismissal of a civil action. (Sec. 9) dismissal without prejudice. Defendant present
shall be entitled to judgment on permissive
counterclaim.
 EFFICIENT USE OF PAPER RULE (A.M. No. 11-
2. If defendant fails to appear – same effect as 9-4-SC)
failure to file Response.
FORMAT AND STYLE
HEARING; DUTY OF THE JUDGE
All pleadings, motions and similar papers intended for the
At the beginning of the court session, the judge shall read court and quasi-judicial body’s consideration and action
aloud a short statement explaining the nature, purpose (court-bound papers) shall:
and the rule of procedure of small claims cases. (Sec. 20) 1. Be written in single space with one-and-a –half
space between paragraphs,
At the hearing, the judge shall conduct JDR through 2. Use an easily readable font style of the party’s
mediation, conciliation, early neutral evaluation, or any choice, of 14-size font, and on a 13 –inch by 8.5-
other mode of JDR. (Sec. 21) inch white bond paper
If JDR fails and the parties agree in writing that the All decisions, resolutions and orders issued by courts and
hearing of the case shall be presided over by the judge quasi-judicial bodies under the administrative
who conducted the JDR, the hearing shall so proceed in an supervision of the Supreme Court shall comply with these
informal and expeditious manner and terminated within requirements. Similarly covered are the reports
one (1) day. (Sec. 22) submitted to the courts and transcripts of stenographic
notes.
Absent such agreement
1. In case of a multi-sala court , the case shall, on the MARGINS AND PRINTS
same day, be transmitted to the Office of the
Clerk of Court for immediate referral by the The parties shall maintain the following margins on all
Executive Judge to the pairing judge for hearing court-bound papers:
and decision within five (5) working days from 1. Left hand margin of 1.5 inches from the edge;
referral; and 2. Upper margin of 1.2 inches from the edge;
2. In case of single sala court, the pairing judge shall 3. Right hand margin of 1.0 inch from the edge;
hear and decide the case in the court of origin 4. Lower margin of 1.0 inch from the edge.
within five (5) working days from referral by the
JDR judge. Every page must be consecutively numbered.
FINALITY OF JUDGMENT COPIES TO BE FILED
After the hearing, the court shall render its decision on Unless otherwise directed by the court, the number of
the same day, based on the facts established by the court- bound papers that a party is required or desires to
evidence. file shall be as follows:
The decision shall immediately be entered by the Clerk of In the Supreme Court,
Court in the court docket for civil cases and a copy thereof 1. One original (properly marked) and 4 copies
forthwith served on the parties. 2. Two sets of annexes, one attached to the original
and an extra copy
The decision shall be final and unappealable. (Sec. 23)
If the case is referred to the Court En Banc:
a. Parties shall file 10 additional copies.
b. For the En Banc, the parties need to submit
only 2 sets of annexes, one attached to the
original and an extra copy.

All members of the Court shall share the extra

copies of annexes in the interest of economy of
paper.

In the Court of Appeals and the Sandiganbayan,

1. One original (properly marked) and
2. Two copies with their annexes;

In the Court of Tax Appeals,

1. One original (properly marked) and
2. 2 copies with annexes

On appeal to the En Banc:

a. One Original (properly marked)
b. 8 copies with annexes; and
In other courts,
1. One original (properly marked)
2. With the stated annexes attached to it.

ANNEXES SERVED ON ADVERSE PARTY

A party required by the rules to serve a copy of his court-

bound on the adverse party need not enclose copies of
those annexes that based on the record of the court such
party already has in his possession.

In the event a party requests a set of the annexes actually

filed with the court, the part who filed the paper shall
comply with the request within five days from receipt.

APPLICABILITY

This Rule applies to all courts and quasi-judicial bodies

under the administrative supervision of the Supreme
Court.

END OF CIVPRO!!!