CIVIL PROCEDURE

Rule 1

1. Ordinary Civil Action – a party sues another for the enforcement or protection of a right or the
prevention or redress of a wrong

2. Special Civ - a remedy by which a praty seeks to establish a status, right or a particular fact

3. Crim Action – State prosecutes a person for an act or omission punishable by law

4. Civil v. Special

C – purpose is enforcement or protection of a right or the prevention or redress of a

wrong
S – purpose is to establish a status, right or a particular fact

5. Personal v. Real action

P – all actions other than real

R – affect title to, or possession of real property or interest therein

Personal

a. recovery of personal property

b. enforcement of a contract
c. recovery of damages

Real

a. recovery of real
b. title to or possession
c. partition
d. condemnation
e. foreclosure of REM

6. Local v. Transitory (to determine venue)

L – venue depends upon the location of the property (Real)

T – venue depends upon the residence of the plaintiff or the defendant (Personal)

7. In Personam v. In Rem v. Quasi In Rem (to determine WON j. over defendant is necessary)

P – lodged against a person to enforce personal liability

R – directed against the thing itself instead of the person
QR – names a person as defendant but its object is to subject that person’s interest in a
property to a corresponding lien or obligation

Rule 2

1. Cause of Action – act or omission by which a party violates the right of another

Elements:
a. right of plaintiff
b. obligation of defendant to respect 1
c. act or omission of defendant in violation of right of plaintiff
2. *

3. Failure to state a coa v. Lack of coa

F – insufficiency in the allegations in the complaint

L – failure to prove or establish that one has a cause of action

4. Test of sufficiency of a coa – WON admitting the facts alleged, the court could render a valid
verdict in accordance with the prayer in the complaint

5. Splitting coa – act of instituting 2 or more suits on the basis of the same cause of action; it is
prohibited

Test to Determine Splitting

a. WON same evidence can be used the first and second cause
b. WON the defense in one may be used in the second
c. WON the coa in the second existed at the time of filing the first

Effect of Splitting – the filing of one (litis pendentia) or the judgment on the merits in one (res
judicata) is availbe as a ground for the dismissal of others.

6. Joinder of coa – a party may assert as many causes of actions against another in one pleading
provided:

a. comply with rules on joinder of parties

b. not include special civil actions or special rules
c. between same parties but different venues or jurisdiction, joinder is allowed in the
RTC provided one coa is within the jurisdiction of said court and venue lies therein
d. claim is principally recovery of money, aggragete amount is the test of jurisdiction
(Totality Test)

*joinder presupposes 2 or more coas

Misjoinder of coa – not a ground for dismissal; on motion or motu propio be severed and
separately tried

Rule 3

1. Real parties in interest – a party who stands to be benefitted or injured by the judgment of
the suit or the party entitled to the avails of the suit

Indispensable parties – parties without whom no final determination of the case can be had

Representative parties – parties acting in a fiduciary capacity

a. trustee of an express trust

b. guardian
c. executor or administrator or
d. party authorized by law or the rules

(TGEP)
 *AGENT

GR – agent acts in his own name and for the benefit of an undisclosed principal, he may
sue or be sued without joining the principal

EX – principal must be joined when the contract involves things belonging to the
principal

*in case of a RP the beneficiary shall be included in the title of the case deemed to be
the real party in interest

Necessary parties – not indispensable but who ought to be joined if complete relief is sought
to be accorded to those already parties

Indigent parties –

a. Matter of Right - execute an affidavit showing a.1 and a.2 supported by the
affidavit of a disinterested person attesting to the truth of the same

a.1 his gross income and that of his immediate family do not exceed double the
monthly minimum wage of an employee

a.2 do not own real property with a FMV of more than 300K

b. Matter of Discretion [party does not fall under (a)] – upon ex parte application and
hearing showing that he has no money or property sufficient and available for food,
shelter and basic necessities for himself and his family

*if granted under (a) or (b) he shall be exempted from docket, other lawful fees,
stenographic notes PROVIDED:

a. should he win the case, the exempted fees shall serve as a lien on the
judgment

b. he loses, no lien attaches

Contest by and Adverse – at anytime before judgment of trial court, adverse may
contest authority to litigate as indigent

*if granted – indigent shall be assessed the fees accordingly

*contesting after grant of authority – determination WON grant of indigency is proper

shall be heard NOT ex parte

Alternative Defendants – when plaintiff is uncertain against who of several persons he is

entitled to relief, he may join any or all of them as defendants in the alternative

2. Compulsory Joinder of Parties – as a rule, joinder of parties is permissive; it becomes

compulsory when it is an indispensable party to be joined

Permissive Joinder – several persons:

a. a right of relief arising out of the same transaction or series of transaction

b. question of law or fact common to all
3. Misjoinder and Non- joinder – neither a ground for dismissal; a party may be added or
dropped via motion or motu propio
*it is the refusal to the order of the court to join a party which constitute a ground
for dismissal

4. Class Suit – an action where one or more may sue for the benefit of all

a. subject matter of case is one of common or general interest to many

b. too many that it is impracticable to join them all as parties
c. a number sufficiently numerous and as representative to protect the interest of all may
be allowed to sue or be sued
*a class suit shall not be dismissed or compromised without the approval of the
court: to protect common interest

5. Suits against Entities without Juridical Personality – when 2 or more persons not
organized as an entity with juridical personality enter into a transaction, they may be sued
under the name by which they are commonly known
*the authority to be a party here is confined only to being a defendant

6. Death of a Party Litigant: Effect – a party to a pending action dies and the claim is not
extinguished

Claims not extinguished despite death of party:

a. recovery of real and personal property

b. enforce lien thereon
c. recover damages
d. recover damages from delict – EXCEPT death after arraignment without prejudice to an
independent civil action
e. quasi- delict
f. quieting of title with damages
g. ejectment case
h. recovery of money from contract express or implied

*here substitution is proper

Claims extinguished upon death or party:

a. purely personal actions

b. support
c. annulment of marriage
d. legal separation

*here the substitution is no longer proper, the court shall dismiss the case

When substitution is proper

a. the counsel of the dead party shall inform the court within 30cd from death of such fact
to give name and address of his legal rep
b. court shall order legal rep to appear and substitute within 30cd from notice
c. if no legal rep is named or if the one named fails to appear, court shall order opposing
party to appoint executor or administrator to appear for estate of the deceased
*failure of counsel is ground for disciplinary action
 Substitution: death or separation of party public officer – PO must be holding in official
capacity and dies during pendency of action

a. action continued by or against his successor after notice and hearing within 30d after
successor takes office
b. if there is substantial need to for continuing
c. successor adopts or continues or threatens to do so

Rule 4

1. Real – wherein the real property involved or a portion thereof is situated

2. Personal – where the plaintiff or any of the principal plaintiff resides or where the defendant or
any of the principal defendants reside AT THE ELECTION OF PLAINTIFF

Personal Action against Non – resident – where plaintiff or principal plaintiffs reside or where
the defendant may be found AT THE ELECTION OF PLAINTIFF

3. Against Non – Residents – where plaintiff reside or where property or any portion thereof is
situated or found AT THE ELECTION OF PLAINTIFF

a. defendant does not reside AND not found in Phil

b. action affects personal status of plaintiff
c. or property of defendant located in Phil

4. Rules on Venue do not apply

a. a specific rule or law applies:

a.1 quo warranto filed in RTC – with RTC Manila

a.2 writ of mandamus filed with RTC – with RTC where actionable neglect or
omission occurred

a.3 civil and criminal actions for damages in written defamation:

a.3.1 RTC where libellous article was printed and first published OR where
any of the offended resides during commission of offense

a.3.2 One of Offended – Public Officer in Manila during commission –

RTC of Manila OR where libellous article was printed and first published

a.3.3 PO not in Manila – RTC where he held office during commission OR

where libellous article was printed and first published

a.3.4 One of Offended – Private – RTC where he actually resided during

commission OR where libellous article was printed and first published

b. parties have validly agreed in writing before filing action on exclusive venue

Effects:

a. if restrictive or exclusive: the case can only be filed pursuant to stipulation

 b. if permissive: the venue stipulation constitute only as an additional option
for venue together with ordinary rules depending on nature of action

*SC can order change of venue in civil or criminal cases

Rule 6/ Rule 11

1. Kinds of Pleadings; time for filing

A. Complaint – pleading alleging plaintiff’s coa

B. Answer – pleading alleging defendant’s defences; 30cd after service of summons

b.1 Negative Defense – specific denial of material allegations in the complaint essential
to coa

b.1.1 Absolute Denial – specifies each material allegation of fact the truth of
which he does not admit

b.1.2 Partial Denial – he denies only a part of the averment: he admits only part,
denies the remainder

b.1.3 Denial through Disavowal of Knowledge – he is without knowledge or

information sufficient to form a belief as to the truth of a material averment made
in the complaint (must be made in good faith)

*a denial not under any of b.1.1, .2 or .3 is deemed an admission

b.2 Negative Pregnant – a negative implying also an affirmative and which, although is
stated in a negative form, really admits to which it relates (ADMISSION)

b..3 Affirmative Defense – allegation of new matter, although hypothetically admitting

the material allegations in the complaint, nevertheless bar recovery

b.2.1 fraud
b.2.2 statute of limitations
b.2.3 release
b.2.4 payment
b.2.5 illegality
b.2.6 statute of frauds
b.2.7 discharge in bankruptcy
b.2.8 other matter by way of confession or avoidance
b.2.9 lack of jurisdiction over the subject matter
b.2.10 litis pendentia
b.2.11 res judicata

*court may conduct a summary hearing within 15cd from filing answer

*Resolved – within 30cd from termination of summary hearing

Remedy in case of denial – subject to appeal after judgment on the merits

C. Counterclaim – claim of defending party against opposing

1. Compulsory –
1.1 arises out or is connected with the transaction constituting the subject matter
of opposing party
1.2 not require for its adjudication the presence of third parties of whom the court
cannot acquire jurisdiction
1.3 amount and nature must be within jurisdiction of the court

*for an original case filed with the RTC, a counterclaim is compulsory

regardless of amount

*counterclaim not raised in the same action is barred UNLESS allowed by

ROC

2. Permissive - claim which does not arise out of nor is necessary connected with the
subject matter of the opposing party’s claim

*TEST – WON any of the elements for a compulsory is absent (YES)

Compulsory v. Permissive

a. C – contained in the answer otherwise barred

P – independent action

b. C – not an initiatory pleading

P – an initiatory

c. C – without
P – with cert. against forum shopping

d. C – need not be answered, deemed controverted EXCEPT if an actionable

document is attached
P – needs to be answered, otherwise default

e. C – legal fees need not be paid, not initiatory

P – legal fees are required, initiatory

Effect on CC upon dismissal of Complaint - the defense has the right to prosecute the
cc in the same or separate action regardless if the cc is compulsory or permissive (inform
the court within 15d to prosecute the cc in the same action)

D. Cross – claim – claim against a co- party

E. Third party complaint

a. claim of defense
b. against a person not a party to the action
c. filed with leave
d. for: contribution, indemnity, subrogation, or other relief in respect of opposing’s claim
(CISO)
 Denied:

a. TPD cannot be located within 30d from grant of leave

b. matters extraneous to issue in principal case is raised
c. effect is to introduce new and separate controversy in the action
F. *
G. Reply – pleading the function of which is to deny new matters in the actionable document
attached to the answer

*new matters in the answer are deemed controverted; but if the complainant wishes
to interpose claims thereto he may do so via amended or supplemental complaint (if
no AD is attached to the answer)

*ONLY if an actionable document is attached in the answer that a reply is required

*an actionable document in the reply in turn requires a rejoinder

H. Extension of Time to file Answer

a. for meritorious reason

b. not more than 30d
c. only one motion for extension is allowed
d. motion for extension to file any other is prohibited; mere scrap of paper

Rule 7

A. Caption – name of court, title of action (name of parties; participation), docket no. (NTD)
B. Signature and Address – every pleading must be signed by party or counsel

Signature of Counsel:
i. certificate that he has read the pleading
ii. not for an improper purpose
iii. warranted by existing law or jurisprudence
iv. facts have evidentiary support
v. denials are warranted on evidence

(iWED)

Violation of Rule – impose sanction on atty., law firm (jointly and severally liable), or
party violating

C. Verification –

GR – pleadings need not be verified

EX – specifically required by law or rules

How

a. by affidavit of affiant authorized to sign

b. if affiant is authorized to verify in behalf of a party – authorization must be attached

 c. allege:

c.1 allegations are true and correct based on personal knowledge or authentic
records

c.2 not used to harass or delay

c.3 facts have evidentiary support

Effect – signature of affiant is certification of truthfulness of allegations

Lack of required Verification – deemed an unsigned pleading

D. Certification against Forum Shopping – needed in an initiatory pleading

a. party has not commenced or filed any action involving the same issues in any court or
quasi court and to the best of his knowledge no such other action is pending
b. if there is such, a complete statement of the status thereof
c. if he learns that such has been filed or pending, to report such within 5cd to court where
his initiatory pleading is filed

* if affiant is authorized to verify in behalf of a party – authorization must be attached

Failure to comply

a. Failure to comply with a,b,c – not curable by amendment, ground for dismissal
w/out prej
b. False Cert. or non- compliance with a,b,c – indirect contempt w/out prej to other
actions
c. Willful and deliberate – direct contempt, ground for summary dismissal with prej

E. Contents – in addition to designation, allegations, relief and date (DARD)

a. names of witnesses
b. summary of a’s testimonies (only JA’s of witnesses attached to the pleading may be
presented EXCEPT if others are allowed on a meritorious defense)
c. documentary and object evidence

(WET)

Rule 8

A. Manner of making allegations

a.1 condition precedent – general averment

a.2 fraud and mistake – with particularity

a.3 malice, intent, knowledge or other conditions of the mind (MiKO) – general
averment

a.4 judgments (domestic, foreign, judicial or quasi – judicial) – aver it without stating it
had jurisdiction; attached authenticated copy
 a.5 official documents or act – issued or done in compliance with the law

B. Pleading an Actionable Document – substance of such document set forth; original or copy
thereof attached

C. Specific Denials

c.1 Absolute Denial – specifies each material allegation of fact the truth of which he does not
admit

c.2 Partial Denial – he denies only a part of the averment: he admits only part, denies the
remainder

c.3 Denial through Disavowal of Knowledge – he is without knowledge or information sufficient

to form a belief as to the truth of a material averment made in the complaint (must be made in
good faith)

Failure to Deny Specifically - a denial not under any of b.1.1, .2 or .3 is deemed an

admission EXCEPT : unliquidated damages

Specific Denial with an OATH –

GR – an action or defense founded upon a written instrument or attached thereto

requires a specific denial under oath; otherwise, the genuineness and due execution of
the instrument is deemed admitted.

EX – oath not required:

a. adverse is not a party to the instrument

b. compliance to an order of inspection is refused

D. Affirmative Defenses – additional gournds:

a. no jurisdiction over defendant

b. venue improperly laid
c. plaintiff no legal capacity
d. no cause of action
e. condition precedent not complied with

*court motu propio resolve the within 30cd from filing answer

Remedy in case of denial – subject to appeal after judgment on the merits

Rule 9

A. Failure to plead defences and objections

GR – (in a motion to dismiss or in an answer) deemed waived

EX –
a. no jurisdiction over the subject matter
b. litis pendentia
 c. res judicata
d. prescription

*the court here can dismiss the claim

B. Failure to plead a compulsory counterclaim and cross – claim – barred

C. Default

a. WHEN –
1. defendant fails to answer
2. via motion with notice
3. proof of such failure

b. Effect of Order of Default

1. party not to take part in trial
2. entitled to notices of subsequent proceeding

c. Relief from Default

1. any time after notice of default but before judgment
2. via motion under oath – set aside default order
3. based on: fraud accident, mistake, excusable negligence
4. meritorious defense

d. Effect of Partial Default – several defending, some answered some did not
1. court shall try case against all who answered
2. render judgment based on evidence presented

e. Extent of Relief
1. not exceed amount
2. be different in kind from that prayed for
3. not award unliquidated damages

f. When default is not allowed

1. annulment of marriage
2. nullity
3. legal separation

*here the Sol Gen or his deputized public prosec is ordered by the court to
investigate WON collusion and intervene to prevent fabrication of evid

Rule 13

A. Payment of Docket Fees

GR – it is the payment of docket fees that vest the trial court with jurisdiction over the
subject matter
 *complaints, petitions, answers and similar pleadings must specify damages in
the body and prayer for proper assessment of filing fees; OTHERWISE –
pleading cannot be accepted

*defect in the original pleading resulting to underpayment of DF is not curable by

amendment since no jurisdiction was acquired over the original complaint

EX – non-payment during filing does not automatically cause the dismissal of the case,
as long as paid within the applicable prescriptive or reglementary period: (here
jurisdiction is not automatically lost)

a. fees are paid within reasonable time but in no case beyond the prescriptive or
reglementary period
b. no intention to defraud the govt. in paying insufficient DF

Failure to pay DF on supplemental complaint – does not divest the trial court of jurisdiction
since the trial court acquired jurisdiction over the action from the moment the original complaint
was filed with the payment of filing fees thereon.

Payment of full DF for cases on appeal

GR – mandatory and jurisdictional; non payment is a valid ground for dismissal of

appeal

EX – delay on the payment of DF confers upon the court a discretionary power to

dismiss the appeal

B. Filing v. Service

F – submitting pleading or other paper to court

S – providing a party with copy of pleading or other court submission

*MADE

GR – to counsel if representing client

EX – to party AND counsel is ordered by the court

*One counsel for several parties – only one copy to counsel

*Several counsels for one party – only one copy to lead if designated OR to anyone if
not

C.

D. Manner of Filing

a. Personal – original filed to court

*here clerk endorses on the pleading the date and hour of filing

b. Registered Mail – *date of mailing as shown by the post office stamp on envelope or
registry receipt is the date of the filing (envelope shall be attached to record)
 c. Accredited Courier - *date of mailing as shown by the post office stamp on envelope
or registry receipt is the date of the filing (envelope shall be attached to record)

d. Electronic Mail or other Electronic Means - *date of electronic transmission is date of

filing

E. Mode of Service

a. Personal –
i. personal delivery to party, or counsel or party’s authorized representative named
in pleading
ii. leaving it in party’s office with clerk or person having charge thereof
iii. (no person in office or office not known) leaving it in party’s or counsel’s
residence between 8am – 6pm with person of sufficient age and discretion,
residing

b. Registered Mail OR Ordinary if no RM in either sender or addressee

i. depositing with post office addressed to party’s or counsel’s office with postage
fully pre-paid, with instructions to postmaster to return to sender after 10cds if
undelivered
ii. (if i. is not known) depositing with post office addressed to party’s or counsel’s
residence with postage fully pre-paid, with instructions to postmaster to return to
sender after 10cds if undelivered

*Substituted Service – (service cannot be made via a or b since office or residence of

party or counsel is unknown) delivering copy to clerk with proof of failure of a and b

*Complete – at time of delivery

c. Accredited Courier

d. Electronic Mail, Facsimile or Other e-means – only if the party concerned consents to
such

i. E – means – sending an e-mail to party or counsel’s e-mail address OR through

other e-,means agreed by parties or upon direction of court

ii. Facsimile – sending a facsimile copy to party or counsel’s given facsimile number

*Validity of Service
GR - service via i and ii are presumed valid

EX – party notifies court of any change of e-mail of fac no.

*Presumptive Notice of Court Setting

a. if addressee is from within the same judicial region of the court (pending) –
appears from the records that notice was mailed at least 20cds prior to hearing
 b. if addressee is from outside – appears from the records that notice was mailed
at least 30cds prior to hearing

*Change of e-mail or facsimile no. while action is pending - file within 5cds
from change a notice of change with court and serve to parties

*Format – case no., case title, pleading title. (contain info for court to determine):

a. party serving

b. nature of paper

c. party against whom relief is sought

d. nature of relief sought

e. International Conventions

F. Service of Judgments, Final Orders or Reso (court issued docs)

a. personal

b. registered mail

c. via ex parte motion, copy may be sent via accredited courier at expense of requestor

d. party summoned by publication fails to appear in the action, judgment etc. served upon
him also by publication

e. e-means – paper copy retained or attach to record

*this mode of service has same effect and validity

G. Conventional Service or Filing – the following shall be served or filed via personal or
registered mail NOT via e-means UNLESS express permission of court is granted:

a. initiatory pleading + initial responsive pleading

b. subpoena
c. protection order
d. writs
e. appendices
f. exhibits to motions
g. documents not amenable to e-scanning (e,f,g – at option of party filing)
h. sealed and confidential docs

(iS PWAEDS)

H. Completeness of Service

a. Personal – actual delivery

 b. Ordinary Mail – expiration of 10cd after mailing UNLESS court otherwise rule

c. Registered Mail – actual receipt of addressee OR expiration of 5cd from receipt of first
notice of postmaster whichever is earlier

d. Accredited Courier – actual receipt OR after atleast 2 attempts to deliver OR expiration

of 5cd after first attempt to deliver whichever is earlier

e. E – service –

GR - e- transmission OR e- notification of service is sent

EX – if party serving learns it did not reach addressee (not effective; not
complete)

f. Facsimile – receipt indicated in facsimile transmission

I. Proof of Filing

a. Personal - existence in record

*if not in a but claimed personally filed - written or stamp acknowledgment of

clerk on a copy

b. Registered Mail – registry receipt AND affidavit of person who mailed it

c. Accredited Courier – affidavit of person who brought pleading to courier WITH

courier’s official receipt AND document tracking no.

d. E- Mail – affidavit of e- filing of filing party WITH paper copy of pleading OR written or
stamped acknowledgment of clerk

*Paper copy filed via registered mail - registry receipt AND affidavit of person
who mailed it

e. Other authorized E- means – affidavit of e- filing WITH copy of e- acknowledgment by

court

Proof of Service

a. Personal – written admission of party served OR official return of server OR affidavit of

person serving

b. Ordinary Mail – affidavit of person mailing showing compliance with Section 7

* Registered Mail OR Ordinary if no RM in either sender or addressee

i. depositing with post office addressed to party’s or counsel’s office with postage
fully pre-paid, with instructions to postmaster to return to sender after 10cds if
undelivered
 ii. (if i. is not known) depositing with post office addressed to party’s or counsel’s
residence with postage fully pre-paid, with instructions to postmaster to return to
sender after 10cds if undelivered

c. Registered Mail – affidavit of person mailing AND registry receipt by mail office

*registry return card is filed immediately upon receipt by sender OR unclaimed letter
WITH certified or sworn copy of notice given by postmaster to addressee

d. Accredited Courier – affidavit of service of person who brought pleading to courier WITH
courier’s official receipt AND document tracking no.

e. E-mail, Facsimile, other E-means – affidavit of service by person who sent WITH printed
proof of transmission

Rule 10 – (adding or striking: allegation, name of party, correcting name of party)

A. Amendment Matter of Right – once at any time before responsive pleading is filed

*Reply – any time within 10cd after served

B. Amendment by Leave –

GR - substantial; only by leave

EX – (leave refused)

a. motion to delay or confer jurisdiction

b. pleading states no cause of action

C. Formal Amendments – summarily corrected at any stage on motion or motu propio provided
no prejudice on adverse

a. defect in designation of parties

b. clerical error

c. typographical error

D. Effect of Amended Pleading

GR – supersedes the pleading it amends

EX –

a. admissions in superseded may be offered against pleader

b. claims or defences not in the amended are waived

E. Supplemental Pleadings

a. via motion
 b. set forth transaction which have happened since date of pleading
sought to be supplemented

c. adverse may plead against within 10cd from notice

Rule 14

A. Nature and Purpose – mandatory; notice to defendant (to satisfy due process)

a. In relation to actions in PERSONAM – means to acquire jurisdiction over the defendant

IN REM – to satisfy due process

QUASI IN REM - to satisfy due process

b. WHEN issued –

GR – within 5cd from receipt of initiatory pleading AND proof of payment fees, direct
clerk to issue

EX – complaint is dismissible under Sec. 1 Rule 9 (JLRP); no issuance of summons

c. Contents –

a. name of court; parties

b. upon ex parte motion: authorization for plaintiff to serve summons to def

c. direction for def to answer within period fixed

d. notice that unless (c) is complied, plaintiff takes judgment by default

(NEDN)

d. Duty of Counsel

e. Return –

B. Voluntary Appearance

C. Who may serve

a. sheriff

b. his deputy

c. proper court officer

d. plaintiff together with sheriff (needs to be authorized by the court)

*Service outside judicial region of court where pending – plaintiff authorized by

court shall serve

*Plaintiff is juridical – notify court in writing of name of authorized representative WITH

board reso

*Plaintiff misrepresents (to serve but in fact failed) – case dismissed with prej
 *Summons returned without being served on ANY def – court order plaintiff to serve
by other means

*Failure to comply with order – dismissal without prej

D. Personal Service – handing a copy in person and informing

*In case of refusal to receive – leaving it within view and in his presence

E. Substituted Service – def cannot be personally served after at least 3 attempts on 2 diff dates

a. leaving copy at def residence to person at least 18, of sufficient discretion, residing

b. leaving copy at def office or regular place of business to competent person in charge

*competent person – one who customarily receives correspondences for

def

c. (if refused entry in a or b) leaving copy with any officer of homeowners or condo corp OR
chief security in charge of building or place def is found

d. via e-mail to def’s e-mail address (if allowed by court)

F. Constructive Service

a. On def whose identity or whereabouts is unknown – by leave via publication in NGC

1. def in the action is designated as unknown owner or if his whereabouts is

unknown

2. cannot be ascertained by diligent inquiry within 90 cd from filing of action

*Answer of Def – filed not less 60cd after notice (indicated in grant of leave)

b. On def resident temporarily outside Phil – by leave service outside Phil via:

1. personal

2. as provided in intl. conventions the Phil is a party

3. publication in NGC in a place as ordered by court WITH SILMULTANEOUS

service of summons and order of court VIA registered mail to last known
address of defendant

4. other manner court deem sufficient

*Answer of Def – filed not less 60cd after notice (indicated in grant of leave)

G. Extraterritorial Service – def not reside AND not found within Phil; action affects:

1. personal status of plaintiff

2. property within Phil the def has interest or lien

3. relief (wholly or part) demanded is excluding def from interest or lien in 2

4. property of def attached within Phil

by leave service outside Phil via:

1. personal
 2. as provided in intl. conventions the Phil is a party

3. publication in NGC in a place as ordered by court WITH SILMULTANEOUS

service of summons and order of court VIA registered mail to last known
address of defendant

4. other manner court deem sufficient

*Answer of Def – filed not less 60cd after notice (indicated in grant of leave)

H. Service on Prisoners – prisoner confined

- by officer having charge of jail (deemed as special sheriff)

*File Return – within 5cd from service

Service on minors and incompetents – under 18, insane, incompetent

a. to him personally AND his legal guardian

b. (if no a) guardian ad litem appointed by plaintiff

c. (minor) parent or guardian

Service on spouses – spouses sued jointly

-to each INDIVIDUALLY

I. Service on Domestic PJE – organized under Phil law with juridical personality

GR - a. president

b. managing partner

c. general manager

d. corporate secretary

e. treasurer

f. in –house counsel

*WHEREVER they may be

EX – (their absence or unavailability) their SECRETARIES

ex – EX – upon person who customarily receives correspondences for

def in its principal OFFICE

*Refusal of GR, EX and ex – EX (at least 3 attempts on 2 diff dates) – via e-mail to def’s
e-mail address (if allowed by court)

*Domestic PJE under receivership or liquidation – serve summons upon receiver or

luquidator

Service on Foreign PJE – transacted or is doing business in Phil; TO

a. resident agent designated by law

b. (no a) govt. official designated by law

c. any of its officers, agents, directors or trustees WITHIN Phil

 by leave effected out of Phil via:

a. personal

b. publication in NGC in a place as ordered by court WITH SILMULTANEOUS

service of summons and order of court VIA registered mail to last known
address of defendant

c. facsimile

d. e-means with proof of service (printout of e-mail WITH copy of summons AND
affidavit of person mailing)

e. other means (discretionary)

J. Proof of Service

a. in writing by server

b. set forth manner, place, and date of service

c. specify papers served with the process

d. name of receiver

e. sworn if made by person other than sheriff or deputy

Summons by E-mail – printout of e-mail WITH copy of summons AND affidavit of person mailing

Publication –

a. affidavit of publisher, editor, business or advertising manager

b. copy of publication (attached to a)

c. affidavit showing deposit of summons and b in post office

Rule 15

A. Motions in General

a. Definition – application for relief other than by a pleading

b. Motion v. Pleading

c. Contents

1. relief

2. grounds

3. supporting affidavits

Forms – rules on pleading apply as far as (caption [NTD], designation [DARD], signature
and other matters of form

1. Writing

GR – shall be in writing

EX – those made in open court

2. Made in Open Court

 - immediately be resolved in open court after adverse given opportunity to
oppose

3. Based on facts not appearing on record

- court may hear the same on affidavits or oppositions or testimony or

depositions

d. Litigious Motion – notice of hearing is discretionary

1. bill of particulars

2. dismiss

3. new trial

4. recon

5. execution pending appeal

6. amend after a responsive pleading filed

7. cancel statutory lien

8. writ of demolition

9. intervention

10. judgment on pleadings

11. summary judgment

12. demurrer

13. default

14. similar motions

*Service – (all motions) personal, accredited private courier, registered mail, e- means

*Opposition – within 5cd from receipt (court shall consider no other submission)

*Resolution – within 15cd from its receipt of opposition or expiration of period to file

Non- litigious Motion – court may act upon same without prejudicing adverse; NOT be set
for hearing

1. issuance of alias summons

2. extension to file answer

3. postponement

4. writ of execution

5. alias writ of execution

6. writ of possession

7. order directing sheriff to execute final cert. of sale

8. similar motions

*Service – (all motions) personal, accredited private courier, registered mail, e- means

*Resolution – within 5cd from receipt

 e. Omnibus Motion Rule

GR – a motion shall include all objections, otherwise waived

EX – Sec. 1, Rule 9 – (JLRP)

f. Prohibited Motions

a. GR - dismiss

EX – JLRP

b. hear affirmative defences

c. recon of court’s action on affirmative defences

d. suspend proceedings without TRO or injunction

e. GR - extension of time to file pleadings

Ex – answer

f. GR - postponement for delay

EX –

1. acts of God

2. force majeure

3. physical inability of witness to appear and testify

*Effect of grant based on 1,2,3 – presentation of evid still terminated on dates

previously agreed upon

*Accompanying postponement at all times (written or oral) - otherwise not

accepted

a. orig official receipt of clerk showing payment of postponement

b. submitted at filing OR not later than next hearing date

Rule 12

a. Purpose – to enable party to prepare responsive pleading

When filed –

a. before responding to a pleading via motion

b. if reply – within 10cd from service

b. Actions of Court

1. Grant

2. Deny

3. Hear

c. Compliance with Order

1. Granted (whole or part) – compliance within 10cd from notice

 *Fling of bill – via separate or amended pleading

2. Deny – file responsive pleading within period he was entitled (balance) but not less
that 5cd

d. Non- Compliance – (not obeyed OR insufficient compliance)

1. striking out of pleading

2. other order deemed just

e. Effect on period to file responsive pleading – (after service of bill)

- file responsive pleading within period he was entitled (balance) but not less
that 5cd

Rule 17

A. Dismissal with Prej – (Rule 15, Sec 13) –

GR – bar refilling

a. res judicata

b. prescription

c. claim is paid, waived, abandoned or extinguished

d. claim unenforceable under statute of frauds

EX – subject to appeal

B. Dismissal upon Notice (Plaintiff)

a. filing notice

b. at any time before answer or motion for summary judg

*Effect of Dismissal

GR – dismissal without prej

EX – (with prej) filed by plaintiff who once dismissed in a competent court an

action based or including same claim

C. Dismissal upon Motion (Plaintiff)

a. via motion

b. approved by the court

*Effect of Dismissal on Counter Claim

GR – if a counterclaim is pleaded prior service to motion: limited to complaint

*without prej to def’s right to prosecute cc in a separate or same case

UNLESS he manifests intention within 15cd from notice to resolve
in same action

EX - otherwise, dismissal includes cc

*Effect of Dismissal

GR – without prej
 EX – specified in the order

D. Dismissal due to fault of Plaintiff – for no justifiable cause:

a. plaintiff fails to appear on presentation of evid in chief

b. fail to prosecute for an unreasonable length of time

c. fail to comply with order of the Rules or order of court

*VIA – motion of def or motu propio; without prej to def’s right to prosecute cc in a
separate or same case UNLESS he manifests intention within 15cd from notice
to resolve in same action

*Effect of Dismissal

GR – with prej

EX – otherwise declared by court

E. Dismissal of Counter-claim, cross- claim, third- party complaint

- same rules apply A, B, C, D

*in A (Dismissal by Notice) – if no responsive pleading or motion for summary j filed, notice
shall be made before intro of evid at trial

Rule 18 – set not later than 60cd from filing of last responsive pleading

A. Concept – procedural device held prior to trial

B. Nature in Civil cases – mandatory; terminated promptly

Purpose

a. amicable settlement

b. simplification of issues

c. stipulation of admissions

d. limitation of witnesses and setting trial dates

e. prelim reference to commissioner

f. propriety of j on pleadings or summary j or dismissal

g. parties –

1. mark evid

2. compare evid with adverse (needed to be marked)

3. genuineness and due execution of adverse’s evid

4. GR - reserve evid -

i. testi – name, position, nature of testi

ii. docu and object - description

EX – (no reservation) not made in accord to i and ii

h. other matters for prompt disposition

C. Notice of Pre- trial – (issued within 5cd from fling last responsive) include dates for:

a. pre-trial

b. Court- annexed Mediation

c. JDR

*Service of notice

1. to counsel (charge with duty to notify party)

2. party if no counsel

*Effect of Non– appearance to b and c – non- appearance at pre- trial

D. Appearance

GR – duty of party AND counsel to appear at C: a, b, c

EX – (excused only)

a. acts of God

b. force majeure

c. substantiated physical inability

*Appearance of Representative – allowed:

1. fully authorized in writing

2. to: enter amicable, submit to ADR, enter stipulations and admissions

E. Failure to Appear (when duly notified)

a. Plaintiff AND counsel (without valid cause D. EX – a, b, c) – dismissal

*Effect of Dismissal

GR – with prej

EX – unless otherwise provided

b. Defendant AND counsel – allow plaintiff to present evid ex parte within 10cd from
termination of pre- trial and court render judgment on bases of evid presented

F. Pre- trial Brief – file with court and serve on adverse at least 3cd before pre- trial; contain:

a. statement of case and relief

b. admissions and stipulations

c. main factual and legal issues

d. propriety of referral to commissioner

e. docu or object evid to be marked

f. witnesses and summary of testi

g. law relied upon

*Failure to file pre- trial brief – same effect as failure to appear at pre- trial

a. Plaintiff AND counsel (without valid cause D. EX – a, b, c) – dismissal

*Effect of Dismissal

GR – with prej

EX – unless otherwise provided

b. Defendant AND counsel – allow plaintiff to present evid ex parte within 10cd from
termination of pre- trial and court render judgment on bases of evid presented

G. Pre- trial Order – upon termination of pre- trial within 10cd:

a. admitted facts

b. minutes of pre-trial con

c. legal and factual issues

d. applicable law

e. evid marked

f. trial dates

g. case flow chart

h. statement that 1 Day Exami of Witness Rule and Most Imp Witness Rule strictly followed

i. statement court shall render j on pleadings or summary j as case maybe

*FORM of Direct Testimony of Witness for Plaintiff – judicial affidavits

*after identification – cross shall proceed immediately

*Postponement of presentation of parties’ witness

GR – prohibited

EX -

a. acts of God

b. force majeure

c. substantiated physical inability

*if postponed – presentation of evid must still be terminated within dates

previously agreed

*Opposing Fail to Appear during presentation of parties’ witness – presentation shall

proceed; absentee deemed to have waived right to object or cross

H. Pre- trial in CIVIL v. CRIMINAL

a. set

Civ - set not later than 60cd from filing of last responsive pleading

Crim – set within 10cd from receipt of case if acc is detained; within 30cd from acquiring
j over non- detained

b.
 Rule 19

A. Reqs for Intervention

a. person with legal interest – matter in litigation, success of either, against both, situated to be
adversely affected by distribution of propery

b. with leave of court

c. court: WON for delay or prejudice rights of orig parties

d. court: WON rights of intervenor may be protected in separate action

B. Time to Intervene – at any time before rendition of judgment by trial court

C. Remedy for Denial of Motion to Intervene

Rule 21

A. Duces Tecum – process directed to person requiring him to bring books in his control

B. Ad Testificandum - process directed to person requiring him to attend and testify at hearing or
investigation

C. Service – same with personal or substituted service of summons

a. Personal Service – handing a copy in person and informing

*In case of refusal to receive – leaving it within view and in his presence

b. Substituted Service – def cannot be personally served after at least 3 attempts on 2 diff
dates

a. leaving copy at def residence to person at least 18, of sufficient discretion, residing

b. leaving copy at def office or regular place of business to competent person in charge

*competent person – one who customarily receives correspondences for

def

c. (if refused entry in a or b) leaving copy with any officer of homeowners or condo corp
OR chief security in charge of building or place def is found

d. via e-mail to def’s e-mail address (if allowed by court)

D. Compelling Attendance (Witness fails to attend)

- upon proof of service, court issue warrant of arrest

*cost of such shall be paid by witness if court finds absence is willful and without just
cause

Contempt

- failure to obey subpoena served is contempt of court which issued it or disobedience of order
by issuer

E. Quashing a Subpoena

a. Duces Tecum

1. via motion
 2. before time therof

3. ground: unreasonable, oppressive, relevancy not appear, failure to tender witness

fees and kilometrage

b. Ad Testificandum

1. via motion

2. before time thereof

3. ground: witness not bound thereby, failure to tender witness fees and kilometrage

Rule 22

Rule 23

A. Depositions Pending Action

a. Meaning – act of taking a testimony of any person, party or not, but at the instance of a party
to the action; taken out of court

b. Uses – part or all of the depo so long as admissible in evid may be used:

1. any depo - by any party for contradicting or impeaching testimony of deponent as

witness

2. depo of party or anyone who at taking is office, director, managing agent, of public or
private corp which is a party – by an adverse for any purpose

3. depo of witness, party or not – by any party, any purpose if:

a. witness is dead

b. GR - witness reside more than 100km from place of trial OR is out of Phil

EX - absence procured by party offering depo

c. witness unable to testify due to age, sickness, infirmity or imprisonment

d. party offering the depo not able to procure attendance by subpoena

e. exceptional circumstances via application and notice

4. part of depo – adverse can require introduction of all relevant

c. Scope

GR – any matter not privileged, relevant to subject of pending action

EX – otherwise ordered by court, Sec 16 or 18 of this Rule

D. Objections to Admissibility

GR – made at trial if witness present and testifying

EX – subject to Sec. 29 of this Rule

E. Taking is Terminated or its Scope Limited (via order of court: cease or limit)

a. at any time during taking

 b. on motion

c. showing that exami is conducted in bad faith or to annoy

d. court where action is pending OR RTC where depo is taken

*Order Terminates Exami – resumed only by order of court where case is pending

*Suspension of Taking – upon demand of objecting party or deponent for the time
necessary to make a notice of order

Rule 24

Rule 30

A. Adjournments and Postponements

1. Adjournment

GR – court may adjourn from day to day but not for a longer period than one month for
each adjournment nor more than 3 mos in all

EX – authorized in writing by the Court Administrator, SC.

2. Postponement

- party who caused shall still terminate presentation of evid on the remaining dates
previously agreed upon

B. Reqs to Postpone Trial

a. Absence of Evidence – deleted, no longer a valid ground to postpone?

b. Illness of Party OR Counsel

1. via motion

2. on affidavits or sworn cert

3. presence of party or counsel is indispensable

4. character of illness render his non- attendance excusable

C. Agreed Statement of Facts – parties may submit facts for judgment without need of evid

a. agree in writing

b. facts involve in litigation

c. submit case for judgment

D. Order of Trial

GR – limited to issues in pre- trial order proceed as follows:

1. plaintiff adduce

2. defendant adduce

3. third party def adduce

4. fourth party def adduce

 5. parties against whom counterclaim or cross is pleaded

6. respectively, ONLY rebutting, UNLESS court for good reasons permit evid on orig
case

7. admission of evid deems submission of case for judgment UNLESS court directs
parties to argue or submit memo

Reversal of Order

Delegation to Clerk of Reception of Evid

GR – judge of court where case is pending shall personally receive evid

EX – judge may delegate reception to Clerk of Court who is a member of BAR

a. default

b. ex parte hearings

c. parties agree in writing

*Clerk has no power to rule on objections or admission of exhibits – resolved by

COURT upon Clerk’s submission of report within 10cd from termination of
hearing

Rule 31

A. Consolidation

a. actions involving common question of law or fact

b. pending

Severance

a. for convenience or avoid prejudice

b. separate issue

Rule 32

A. Reference by Consent

a. via written consent of both parties

b. commissioner agreed upon by parties

c. commissioner: referee, auditor, examiner

Reference on Motion

a. parties do not consent

b. via motion of either or motu propio

c. instances:

1. trial of issue requires exami of long account on either party

 2. taking of account necessary before judgment or carrying for judgment

3. question of fact other than from pleadings arises

B. Powers of Commissioner

GR –

1. regulate proceedings before him

2. do all acts necessary thereto

3. issue subpoenas

4. rule upon admissibility of evid

EX – subject to limitations in order of court

C. Report of Commissioner

- upon completion of trial before commi, he shall file to court a report in writing matters
submitted to him

Notice to Parties

- upon filing of report, parties shall be notified thereof by Clerk

*Objections to Report – allowed within 10cd from filing of report

*Objections other than objections to findings and conclusion of commi

GR – not to be considered by court

EX – if made before the commi

Hearing Report

- upon expiration of 10cd to object, court shall conduct hearing on the report

*Order after hearing: adopt, modify or reject report and recommit, require parties to present
further evid

Rule 33

A. Ground – plaintiff has no right to relief (after presentation of evid by plaintiff via motion of def)

B. Denial - def has right to present evid

C. Granted but on appeal reversed – def has waived his right to present evid

D. Action on Demurrer – subject to Rule 15

*Service – (all motions) personal, accredited private courier, registered mail, e- means

*Opposition – within 5cd from receipt (court shall consider no other submission)

*Resolution – within 15cd from its receipt of opposition or expiration of period to file

*Remedy for Denial – not subject to appeal, certiorari, prohibition, mandamus before
judgment

E. Demurrer in CIVIL v. CRIMINAL case

Rule 36
A. Judgment after Pre- trial - upon termination of pre- trial within 10cd

B. Judgment without trial

C. Judgment on the Pleadings

GR - a. after filing of answer

b. answer fails to tender an issue or admits the material allegations in complaint

c. via motion

EX –

1. declaration of nullity

2. annulment of marriage

3. legal separation

*here material allegs in complaint shall always be proved

*Action by Court – motu propio or on motion render JonP if elements are met

*Remedy - NOT subject to appeal, certiorari, prohibition or mandamus

D. Summary Judgment

a. For claimant

1. seeking to recover from claim, cc, cc or obtain declaratory relief

2. at any time after service of answer

3. via motion

4. no genuine issue (except amount of damages) and mover is entitled as a matter of

law

b. For defendant

1. against whom a claim, cc, cc or declaratory relief is sought

2. at any time before filing answer

3. via motion

4. no genuine issue (except amount of damages) and mover is entitled as a matter of

law

c. Case not fully adjudicated on motion (trial is necessary)

- court ascertain the facts, including damages and relief not controverted as established;
trial shall be had on the controverted facts

d. Affidavits and attachments

1. made on personal knowledge

2. admissible in evid

3. show that affiant is competent to testify

*Affidavits presented in bad faith – (bad faith or for delay)

 - court order offending party or counsel to pay other party reasonable expenses
of filing

- after hearing declare contempt

E. J on Pleadings v. Summary J

F. Contents of Judgment – state clearly and distinctly the facts and law on which it is based

G. Rendition of J – (j must determine the merits of the case to be rendered)

1. in writing

2. personally and directly prepared by judge

3. state clearly and distinctly the facts and law on which it is based

4. signed by him

5. filed with the clerk

H. Entry of J

a. no appeal, MNT or MR must have been filed

b. entry made by clerk (date of finality is deemed date of entry)

c. contain:

1. dispositive part of j

2. signed by clerk

3. cert. that it is final and executory

Rule 37

A. MNT

a. Grounds

1. fraud, accident, mistake, excusable negligence (FAMEN)

[ordinary prudence could not have guarded; impaired rights of aggrieved]

2. Newly discovered evid (NDE)

[with reasonable dil could not be produced at trial; alter the result]

b. When to file - within period for taking an appeal

c. Effect of Denial – (neypes) movant has fresh period of 15cd to appeal from notice of denial
to appeal judgment itself

d. Effect of Grant – orig j is vacated and action shall stand for trial de novo

e. Remedy against denial - (neypes) movant has fresh period of 15cd to appeal from notice of
denial to appeal judgment itself

B. MR

a. Grounds
 1. awarded damages are excessive

2. evid not sufficient to justify dec

3. dec is contrary to law

b. When to file - within period for taking an appeal

c. Effect of Denial – (neypes) movant has fresh period of 15cd to appeal from notice of denial
to appeal judgment itself

d. Effect of Grant – court may amend j (nature: new j superseding orig j)

e. Remedy against denial - (neypes) movant has fresh period of 15cd to appeal from notice of
denial to appeal judgment itself

APPEALS

A. J’s appealable – j that completely disposes of the case

B. J’s not appealable

a. order denying petition for relief or motion seeking relief from judgment

b. interlocutory order

c. order disallowing or dismissing an appeal

d. order denying a motion to set aside a j by consent, confession or compromise on grounds

vitiating consent

e. order of execution

f. GR - order for or against one or more several parties or separate claims while main case is
pending

EX – court allows appeal

g. order dismissing with prej

C. Remedy against J not appealable – R65: grave abuse of discretion + no other remedy available
under the law

D. Modes of Appeal

i. Ordinary – RTC orig to CA via notice or record on appeal

ii Petition for Review – RTC appellate to CA via petition for review 42

iii Petition for Review on Certiorari – (only q of law) to the SC via 45

E. Issues raised on Appeal

GR – any question of fact or law that has been raised in the courts below and is within the
issues framed by the parties

EX – (not assigned as errors) BUT:

a. affecting jurisdiction over subject matter

b. plain and clerical errors

c. consideration is necessary to serve interest of justice or avoid piecemeal justice

 d. raised in the trial court, matters of record having bearing on issues submitted but
parties fail to raise or lower court ignored

e. closely related to an error raised

f. determination of a question dependent upon issue assigned

F. Period to Appeal

a. Notice of Appeal – within 15d after notice of j appealed

b Record on Appeal – (filing notice and record) within 30d after notice of j appealed

*required is spec pro or multiple or separate appeals

G. Perfection –

a. Notice of Appeal – upon filing in due time

b. Record on Appeal – upon approval of ROA filed in due time

*Payment of full DF for cases on appeal (payment of docket fees at the prescribed time with
Clerk of court that rendered the j)

GR – mandatory and jurisdictional; non payment is a valid ground for dismissal of

appeal

EX – delay on the payment of DF confers upon the court a discretionary power to

dismiss the appeal

Rule 40 (MTC – RTC)

A. Where – RTC having jurisdiction of MTC rendering j

B. When

a. Notice of Appeal – within 15d after notice of j appealed

b Record on Appeal – (filing notice and record) within 30d after notice of j appealed

*required is spec pro or multiple or separate appeals

C. How

a. filing notice of appeal to court that rendered the j

b. stating material dates to show timelessness of appeal

c. filing notice and record on appeal in case of spec pro or multiple or separate appeals

D. Perfection

a. Notice of Appeal – upon filing in due time

b. Record on Appeal – upon approval of ROA filed in due time

*Payment of full DF for cases on appeal (payment of docket fees at the prescribed time with
Clerk of court that rendered the j)
 GR – mandatory and jurisdictional; non payment is a valid ground for dismissal of
appeal

EX – delay on the payment of DF confers upon the court a discretionary power to

dismiss the appeal

E. Appeal if j is dismissal without trial or lack of jurisdiction

a. RTC affirms (without jurisdiction) – if it has jurisdiction try case as if originally filed with it

b. RTC reverses (without jurisdiction) – remand case to court a qou

*Non – compliance of A, B, C, D, E – reduces appeal to a pro forma appeal which does not toll the
reglementary period to file the same.

Rule 41

(RTC orig to CA)

A. Where – to CA

B. When

a. Notice of Appeal – within 15d after notice of j appealed

b. Record on Appeal – (filing notice and record) within 30d after notice of j appealed

*required in spec pro or multiple or separate appeals

c. Habeas Corpus – within 48h from notice of j appealed

C. How

a. filing notice of appeal to court that rendered the j

b. stating material dates to show timelessness of appeal

c. filing notice and record on appeal in case of spec pro or multiple or separate appeals

D. Perfection

a. Notice of Appeal – upon filing in due time

b. Record on Appeal – upon approval of ROA filed in due time

*Payment of full DF for cases on appeal (payment of docket fees at the prescribed time with
Clerk of court that rendered the j)

GR – mandatory and jurisdictional; non payment is a valid ground for dismissal of

appeal

EX – delay on the payment of DF confers upon the court a discretionary power to

dismiss the appeal

*Non – compliance of A, B, C, D, E – reduces appeal to a pro forma appeal which does not toll the
reglementary period to file the same.

Rule 42 (RTC appel to CA)

A. Where – to CA

B. When

- within 15d from notice of j or notice of MNT or MR

*Motion for Extension to appeal –

a. via motion and payment of DF

b. before expiration of time to appeal

c. for most compelling reason

d. not to exceed 15d

C. How

a. via verified petition for review with the CA

b. payment of DF

D. Perfection

a. Notice of Appeal – upon filing in due time

b. Record on Appeal – upon approval of ROA filed in due time

*Payment of full DF for cases on appeal (payment of docket fees at the prescribed time with
Clerk of court that rendered the j)

GR – mandatory and jurisdictional; non payment is a valid ground for dismissal of

appeal

EX – delay on the payment of DF confers upon the court a discretionary power to

dismiss the appeal

*Non – compliance of A, B, C, D, E – reduces appeal to a pro forma appeal which does not toll the
reglementary period to file the same.

Rule 43 (CTA/ QJA to CA)

A. Scope

GR – CTA/ QJA to CA

EX – j issued under the Labor Code

B. Where – to CA

C. When

- within 15d from notice of j or notice of MNT or MR

*Motion for Extension to appeal –

a. via motion and payment of DF

b. before expiration of time to appeal

c. for most compelling reason

d. not to exceed 15d

D. How

a. via verified petition for review with the CA

b. payment of DF

c. WON q of fact, law or mixed

E. Effect of Appeal

GR – not stay the award or j (CTA or QJA)

EX – otherwise directed by CA

*Non – compliance of A, B, C, D, E – reduces appeal to a pro forma appeal which does not toll the
reglementary period to file the same.

Rule 45 (CA to SC)

A. Where – to SC

B. When

- within 15d from notice of j or notice of MNT or MR

*Motion for Extension to appeal –

a. via motion and payment of DF

b. before expiration of time to appeal

c. for most compelling reason

d. not to exceed 15d

C. How –

a. via verified petition for review on certiorari with CA

b. payment of DF

c. ONLY q of law

D. Discretionary Review – review is an exercise of sound judicial discretion; granted only:

a. court a quo decided q of substance not determined by SC or has but not in accord with law
or jurisprudence

b. court a quo departed from usual course of judicial proceedings as to call for the exercise of
supervision

E. Applicability

GR – appeal here shall apply to both CIV and CRIM cases

EX – CRIM cases where penalty imposed is death, rec perp, or life imp

Rule 64 (Comelec/ COA to SC)

A. Scope – j of Comelec and COA to SC

B. Where – to SC
C. When – within 30d from notice of j

*MNT or MR – shall toll period of petition if allowed by Commission

*Denial of MNT or MR – file petition within remaining days (balance) not be less than 5d

D. How –

a. via verified petition

b. pray for j annulling or modifying j

c. state material dates showing timelessness of filing

d. with cert. against forum shopping

E. Effect of Petition

GR – not stay the execution of j

EX – otherwise directed by SC

Appeal of CSC J

A. Where – to Civil Service Board of Appeals (CSBA)

B. When – within 30d from receipt of decision of CSCommissioner

C. MR (only one) – may be filed within period to file the appeal

*Effect of MR – toll prescriptive period of appeal

D. Resolution – CSBA shall decide all appeals within a period of 90d after the same have been
submitted for decision and its decision in such cases shall be final

Appeal of OMB J (via R45)

A. Where – to SC

B. When

- within 10d from notice of j or notice of MR

*Motion for Extension to appeal –

a. via motion and payment of DF

b. before expiration of time to appeal

c. for most compelling reason

d. not to exceed 15d

C. How –

a. via verified petition for review on certiorari with CA

b. payment of DF

c. ONLY q of law
 Appeal of NLRC J

GR – final and unappealable

EX – there was grave abuse of discretion on the part of the Commission

*Where – to SC

*When – within 10d from receipt by parties of j of NLRC

*How – petition for review on certiorari via R65

Rule 38 (Setting aside J)

A. Grounds

a. J already entered or other proceeding is taken in any court – through fraud, accident,
mistake or excusable negligence (FAMEN)

*petition may be filed in the same court (which made entry); same case

b. J is rendered; party prevented to appeal same – through fraud, accident, mistake or

excusable negligence (FAMEN)

*petition may be filed in the same court (which made entry); same case

B. When – within 60d after petitioner learns j and not more than 6mos after entry of such j

C. Contents

a. verified

b. accompanied by affidavits showing FAMEN and facts showing good or substantial cause

Rule 47 (Orig Action)

A. Scope – annulment of j of RTC (civil cases) by CA when MNT, appeal, petition for relief or other
remedies are not available

B. Grounds

a. Extrinsic Fraud

*NOT VALID – if could have been availed of in MNT or petition for relief

b. Lack of Jurisdiction

C. Where – to CA (to RTC for j of MTC)

D. When

a. based on extrinsic fraud – within 4y from discovery

b. based of lack of jurisdiction – before it is barred by laches or estoppel

E. How

a. verified
 b. alleging with particularity facts and law relied upon

c. good and substantial cause

F. Effect of Annulment – set aside j render it null and void without prej to orig action being refilled

*J is set aside on the ground of extrinsic fraud – court on motion order trial court to try case
IF timely MNT was filed

*Prescriptive Period for filing Orig action

GR – suspended from filing of annulment until finality thereof

EX – extrinsic fraud is attributable to fault of plaintiff in orig action

Collateral Attack

a. made in another action to obtain a different relief

b. an attack on judgment is made an incident in said action

c. proper only when j is null and void on its face

Rule 39

A. Finality of J for Appeal v. for Execution

FA – j must be one on the merits to be appellable

FE – judgment is final and executory after the lapse of the period to file an appeal, etc.

B. When shall execution issue

a. Execution as a Matter of Right

1. via motion

2. upon j on the merits; upon expiration of period to appeal

b. Discretionary Execution

1. via motion

2. by prevailing party with notice to adverse

3. GR – FILED in court of origin (trial court) when it still has jurisdiction of case and in
possession of records

EX - *when trial court no longer has jurisdiction – FILED in appellate court

4. grounds: for good reasons, stated in special order after hearing

C. How J is executed

a. By MOTION – within 5d from entry

By ACTION – after lapse of (a) and before barred by statute of limitations

*Revived J –

1. By motion – within 5 years from entry

 2. By action – after lapse of (1) before barred by statute of limitations

b. Issuance and Contents

a. issue in the name of the Phil from court granting motion

b. name of court, case no., case title, dispositive part of j

c. require sheriff to enforce:

1. if against property of j obligor – satisfy j + interest from real or personal

2. if against real or personal prop of j obligor’s representatives (heirs,

devisees, legatees, tenants, trustees) - satisfy j + interest from real or
personal

3. if for sale of real or personal – sell such and apply proceeds in accord with j

4. if for delivery of possession of real or personal – to deliver possession to

one entitled and satisfy costs, damages, rents or profits from personal
first; if insufficient, from real

5. in all cases – writ specifically state amount of principal oblig + interest, costs,
damages, rents or profits due from issuance of writ

c. Execution of J for Money

a. Immediate Payment on Demand –

1. if j obligee or his authorized rep PRESENT during payment

i. sheriff shall demand immediate payment of full amount stated in writ +

lawful fees

ii. j obligor shall pay in cash, certified bank check payable to j obligee,
other from acceptable to latter

iii. payment made directly to j obligee or his authorized rep if present

during payment

2. if j obligee or his authorized rep NOT PRESENT during payment

i. j obligor shall deliver payment to executing sheriff

ii. sheriff, during same day, turn over payment to clerk of court issuing writ
OR depositing with fiduciary account in nearest govt. depository
bank of RTC of locality

iii. clerk of latter court deposit such in account of former court, clerk
of latter shall deliver payment to j obligee

*IN NO CASE that the sheriff demand payment by check payable to him

b. Satisfaction by Levy – (if j obligor cannot pay all or part in accord to a)