Professional Documents
Culture Documents
Civ Pro Comparison Tables
Civ Pro Comparison Tables
MISCELLANEOUS RULES
(3) The enforcement of a barangay amicable settlement or an Probate proceedings are not covered by the Rule on Summary
arbitration award involving a money claim covered by this Rule Procedure even if the gross value of the estate does not exceed
pursuant to Sec. 417 of the LGC. the above-mentioned amounts.
Pleadings allowed 1. Statement of claims 1. Complaints
2. Response to claims 2. Compulsory counterclaims
3. Counterclaim 3. Cross-claims in the answer
4. Answers thereto
Prohibited motions 1. MTD 1. MTD, except
2. Motion for bill of particulars a. LOJ over the subject matter
3. MNT, or MR, or for reopening of trial b. Failure to comply with conciliation
4. Petition for relief from judgment 2. Motion for bill of particulars
5. Motion for extension 3. MNT, or MR, or for reopening of trial
6. Memoranda 4. Petition for relief from judgment
7. Petition for CPM against any interlocutory order 5. Motion for extension
8. Motion to declare defendant in default 6. Memoranda
9. Dilatory motions 7. Petition for CPM against any interlocutory order
10. Reply and rejoinder 8. Motion to declare defendant in default
11. Third party complaints 9. Dilatory motions
12. Interventions 10. Reply
11. Third party complaints
12. Interventions
Remedy Rule 65 Appeal to RTC
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MODES OF DISCOVERY
A refusal to answer after being directed by court to do so may be constituted as contempt of court
Refusal to be sworn Cite the disobedient deponent in contempt of court
[Sec. 2]
Refusal to answer designated The court may make the following orders: [Rule 29, Sec. 3]
questions or refusal to produce (1) Prohibit the disobedient party to introduce evidence of physical or mental condition
documents or to submit to (2) Refuse to allow the disobedient party to support or oppose claims or defenses
physical or mental examination (3) Strike out pleadings or parts thereof
[Sec. 3] (4) Stay further proceedings
(5) Dismiss the action or proceeding or any part thereof
(6) Render a judgment by default against disobedient party
(7) Direct the arrest of any party disobeying any of such orders except an order to submit to a physical or mental examination
(8) Other orders as may be just
If report of findings of the examining physician is not delivered: [Sec. 3, Rule 28]
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(a) Due to refusal of the party examined, the court may make an order requiring delivery on such terms as are just;
(b) Due to failure or refusal of the physician, the court may exclude his testimony when offered at trial.
Refusal to admit under Rule 26 The court, upon proper application, issue an order requiring the other party to pay him reasonable expenses incurred, including attorney‘s fees
[Sec. 4] PROVIDED that party requesting proves genuineness of such document or truth
UNLESS court finds:
(1) There were good reasons for denial
(2) Admissions sought were of no importance
Failure of party to attend or The court on motion and notice may:
serve answers to written (1) Strike out all or any part of any pleading of disobedient party
interrogatories (2) Dismiss the action or proceeding or any part thereof
[Sec. 5] (3) Enter a judgment by default against disobedient party
(4) Order payment of reasonable expenses incurred by the other party including attorney‘s fees
Note: Expenses and attorney‘s fees are not to be imposed upon the Republic of the Philippines. [Sec. 6, Rule 29]
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POST-JUDGMENT REMEDIES COMPARISON TABLE
REMEDY GROUNDS PERIOD TO FILE WHERE TO FILE BASIS OF JUDGMENT EFFECT OF DENIAL
Motion for 1. That the damages awarded are Within period for taking an appeal Court of origin Based solely on Remedy: Appeal from
Reconsideration (Rule 37) excessive; pleadings judgment subject of the
2. That the evidence is insufficient to motion
justify the decision or final order; or
3. That the final order is contrary to law
Motion for New Trial (Rule 1. Fraud, accident, mistake, excusable Within period for taking an appeal Court of origin Based on pleadings, Remedy: Appeal from
37) negligence which ordinary prudence depositions, and judgment subject of the
could not have guarded against and admissions motion
by reason of which, the aggrieved
party has probably been impaired in
his rights; or
2. Newly-discovered evidence, which he
could not, with reasonable diligence,
have discovered and produced at
trial, and if so presented, would
probably alter the result
How Initiated Requisites When to file Summons? Jurisdiction Venue Rule on default
Interpleader Complaint (1) The plaintiff clams no interest in the Within Yes Personal Property: Apply Rule 4: Applicable
(Rule 62) subject matter or his claim thereto is not reasonable 1. MTC: If value not more Real action: If the action
disputed time than P300,000 outside Metro affects title to or
(2) The parties to be interpleaded must Manila, or not more than possession of real property,
make effective claims P400,000 in Metro Manila venue is where the real
(3) There must be at least two (B.P. Blg. 129, sec. 33) property involved or a
conflicting claimants with adverse or 2. RTC: If value exceeds portion thereof is situated.
conflicting interests to a property in P300,000 outside Metro
custody or possession of the plaintiff; Manila, or P400,000 in Metro Personal action: All other
and Manila, or if incapable of actions—At the election of
(4) The subject matter must be one and pecuniary estimation (B.P. the plaintiff
the same. Blg. 129, sec. 19) 1. Where plaintiff or any of
the principal plaintiffs
Real Property: reside; or
1. MTC: assessed value not 2. Where defendant or any
more than P20,000 outside of the principal defendants
Metro Manila or not more resides; or
than P50,000 in Metro Manila 3. In case of an non-
(Sec. 33, BP 129) resident, where he may be
2. RTC: value exceeds found
P20,000 if outside Metro
Manila, or P50,000 if in Metro
Manila, or incapable of
pecuniary estimation (Sec.
19, BP129)
Declaratory Petition (1) Subject matter of controversy must Before an Notice to the General rule: In the Apply Rule 4, i.e. personal
relief (Rule 63) be a deed, will, contract, or other written impending OSG or appropriate RTC, since the action, where the petitioner
instrument, statute, executive order or breach or prosecutor of subject in declaratory relief is or the respondent resides
regulation, or ordinance. violation the LGU incapable of pecuniary
(2) Actual justiciable controversy or estimation.
―ripening seeds‖ of one between person
whose interests are adverse Exception: Where the action
(3) No breach of documents in question is a proceeding similar to
(4) Doubtful as to the terms and validity declaratory relief (e.g.
of the document and require judicial quieting of title to real
construction property), jurisdiction will
(5) Issue is ripe for judicial depend on the assessed
determination, as where all value of the property, supra.
administrative remedies have been
exhausted
(6) Adequate relief is not available
through other means or other forms of
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action or proceeding
Review of the Verified - 30 days from The court shall SC SC
COMELEC and Petition notice of issue an order
COA (Rule 64) judgment; (not summons)
Fresh period requiring
rule N/A respondents to
comment
Certiorari, Verified Certiorari 60 days from The court shall • RTC, CA, SC; RTC where the respondent
Prohibition, Petition (1) Respondent is exercising judicial or notice of issue an order • Sandiganbayan, in aid of its is situated, where petition
Mandamus quasi-judicial function judgment; (not summons) appellate jurisdiction; relates to an act or
(Rule 65) (2) Respondent acted without or in Fresh period requiring • COMELEC, in election omission of a corporation,
excess of its jurisdiction or acted with rule applies respondents to cases involving an act or board, an officer, or person.
grave abuse of discretion amounting to comment omission by MTC or RTC, in [Rule 65, Sec. 4]
lack of jurisdiction; and aid of its appellate
(3) There must be no appeal or other jurisdiction.
plain, speedy, and adequate remedy
Prohibition
(1) Respondent is exercising judicial,
quasi-judicial, or ministerial functions
(2) Respondent acted without or in
excess of its jurisdiction or acted with
grave abuse of discretion amounting to
lack of jurisdiction; and
(3) There must be no appeal or other
plain, speedy, and adequate remedy
Mandamus
(1) There must be a well-defined, clear
legal right or duty.
o The duty must be enjoined by law;
hence, a contractual duty cannot be
enforced by mandamus.
(2) Respondent must be exercising a
ministerial duty.
o A duty which is absolute and
imperative and involves merely its
execution
o However, mandamus ―will lie to
compel the discharge of the
discretionary duty itself but not to
control the discretion to be exercised. In
other words, mandamus can issue to
require action only but not specific
action.‖
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(3) The duty to be performed must be
existing.
o A correlative right will be denied if not
performed by the respondents.
(4) There is no other plain, speedy, and
adequate remedy in the ordinary course
of law.
Quo warranto Verified - 1 year from Notice to the • RTC, CA, SC • Generally, action can be
(Rule 66) Petition the date after respondent • Sandiganbayan, which has brought in the SC, CA, or
―by what the cause of exclusive original jurisdiction RTC exercising jurisdiction
authority‖ such ouster or over quo warranto cases filed over the territorial area
the right of the by the PCGG where respondent resides
petitioner to • COMELEC, exclusive or any of the
hold such jurisdiction over cases falling RESPONDENT(S) resides
office or under the Omnibus Election (not petitioner)
position arose; Code • If commenced by the
period may be • Special Commercial Courts, SolGen, it may be filed with
reduced by for quo warranto against duly the RTC Manila, CA, or SC
court licensed associations. • The Sandiganbayan has
(CORP. CODE rules apply, exclusive original
not the RULES OF COURT.) jurisdiction on quo warranto
• MTC for municipal or arising or that may arise in
barangay officers (Sec. 253, cases filed under EO
Omnibus Election Code) 1,2,14, 14-A but this must
be in aid of its appellate
jurisdiction and not
exclusive of the SC.
Expropriation Verified (1) The property must be private Imprescriptible Yes RTC (incapable of pecuniary Apply Rule 4, i.e. where the
(Rule 67) Complaint (2) There must be due process of law estimation) real property involved, or a
(3) Payment of just compensation portion thereof, is situated
(4) Taking must be for public use In cases of personal
(5) There must be genuine necessity to property, where the plaintiff
take the property or defendant resides
Foreclosure of Complaint - Depending on assessed Apply Rule 4, i.e. where the
REM (Rule 68) value* real property involved, or a
portion thereof, is situated
Partition (Rule Complaint (1) Assignment is in favor of one of the Depending on assessed Apply Rule 4
69) parties, not to 3rd persons value*
(2) Payment to the other parties
(3) Amount to be paid is based on the
amounts which the commissioners
deem equitable
(4) Other interested parties do not ask
the court that the property be sold
instead.
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Forcible entry Verified Forcible Entry 1 year from Yes MTC Apply Rule 4, i.e. where the N/A, the court
and unlawful Complaint (1) That plaintiff was in prior physical dispossession real property involved, or a shall render
detainer (Rule possession of the property in litigation or last portion thereof, is situated judgment as
70) until he was deprived thereof by demand warranted by the
defendant facts alleged in
(2) That the dispossession was through the complaint
FISTS. [NOTE: First two requirements
are jurisdictional [Abad v. Farrales, G.R.
No. 178635 (2011)]
(3) That the complaint was filed within 1
year from dispossession.
Unlawful Detainer
(1) That defendant is unlawfully
withholding possession from plaintiff
because his right to possess had
expired
(2) That landlord has made a demand
upon tenant to comply with the terms of
the contract and to return the
possession of the property, and that the
tenant failed to satisfy the demand
within 15 or 5 days, in case of buildings
(3) That the complaint is filed within 1
year from last demand.
Contempt (Rule Verified - Opportunity MTC, RTC, CA, SC • If committed against RTC
71) Petition or given to or a court of equivalent or
motu proprio respondent to higher rank, or against an
comment officer appointed by it: File
with such court
• If committed against a
first-level 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
RTCof the place wherein
contempt was committed