Civil procedure Classification of courts in the Philippines

Jurisdiction – authority to hear and determine a A. 1. Courts of General Jurisdiction –competent

case to decide their own jurisdiction and to take
cognizance of all kinds of cases [ex. RTC]
Jurisdiction vs venue 2. Courts of special of limited Jurisdiction –
1. Authority to hear 1. place where the no power to decide their own jurisdiction and
and determine a case is heard or tried can only try cases permitted by statute. [ ex.
case 2. procedural law MTC]
2. substantive law 3. a relation between
3. establishes relation plaintiff and defendant, B. 1. Courts of Original Jurisdiction – under the
between cot and the or petitioner and law, actions or proceedings may originally be
subject matter respondent commenced.
4. may be conferred by 2. Courts of Appellate Jurisdiction – authority
4. fixed by law and the acth or agreement of a court higher in rank to re-examine the final
cannot be conferred by by the agreement of order or judgment of a lower court which tried
the parties the parties the case non elevated for judicial review.

C. 1. Superior Courts – power of review or

Requisites of Jurisdiction
1. Jurisdiction over the plaintiff – acquired by the
filing f the complaint, petition or initiatory
pleading before the court by the plaintiff or
petitioner.
- Conferred by the parties or court
2. Jurisdiction over the defendant – it is acquired
by:
a. Voluntary or
b. Submission by the defendant or
c. Coercive process issued by the court
to him by summons
-conferred by the parties or court
3. Jurisdiction over the subject matter –
conferred by law
Jurisdiction to hear and determine the general
class of cases to which the proceedings in
question belong
4. Jurisdiction over the issue of the case –
conferred by the pings, or by the agreement of
the parties, by their implied consent as by
failure of a party to object to evidence.
5. Jurisdiction over res – acquired by the actual
restraint or constructive seizure by the court of the
thing in question.
Effect of Lack of Jurisdiction
General Rule: where the court has no jurisdiction,
the judgment is void and can be challenged any
time. It cannot b waived.
-jurisdiction of the court is determined by the
statute in force at the time of the commencement
of the action and by the allegations made in the
complaint.
Scope of Jurisdiction
Territorial jurisdiction imports the power of the
court over all persons and property within its
property.
supervision over another and lower court.
2. Inferior Courts – in relation to another court,
are lower in rank and subject to review and
supervision by the latter.
D. 1. Courts of Record – bound to keep a written
record of all trials and proceedings handled by
them.
2. Courts not of Record – not required to keep
a written record or transcript of proceedings.
E. 1. Consitutional Courts – created by the
constitution and cannot be legislated out of
existence or deprived by the law of jurisdiction.
[ex. SC and Sandiganbayan*] *sandiganbayan is
only a constitutionally mandated court, its creation
was made by a statute
2. Statutory Courts – created, organized and
with jurisdiction exclusively determined by law.
Exclusive Jurisdiction – power to adjudicate a
case or proceeding to the exclusion of all other
courts at that stage.
Concurrent Jurisdiction – power conferred upon
different courts, whether of the same or different
ranks, to take cognizance at the same case or
different judicial territories.
Principle of Estoppel to Question
Jurisdiction
An error in jurisdiction over the subject matter is
determined exclusively by the constitution and the
law, thus can be objected to at any instance. This
kind of defense can be invoked even for the first
time on appeal or after final judgement
EXCEPTION: estoppels by laches
Laches – failure or neglect for an unreasonable Substantive Law – part of the law which creates
and unexplained length of time, by exercising due rights concerning life, liberty, property, or the
diligence could or should have done earlier. powers of instrumentalities for the administration
of public affairs.
Tijam vs. Sibonghanoy; Civpro- jurisdiction
G.R. No. L-21450             April 15, 1968
Facts: Procedural law – adjective law which prescribe
        After one month from the effectivity of the Judiciary Act of 1948, rules and forms of procedure in order that courts
spouses Tijam filed a collection case against spouses Sibonghanoy. The
preliminary attachment filed by the plaintiff was dissolve by a may be able to administer justice.
counterbond posted by the defendants through a surety company. After
being duly served with summons the defendants filed their answer in If the rule takes away a vested right, it is not procedural.
which, after making some admissions and denials of the material
averments of the complaint, they interposed a counterclaim. This If the rule creates a right, it may be classified as a
counterclaim was answered by the plaintiffs. substantive matter. If it operates as a means of
implementing an existing right, then the rule deals
        The Court rendered judgment in favor of the plaintiffs and, after the
same had become final and executory, upon motion of the latter, the
merely with procedure.
Court issued a writ of execution against the defendants. The writ having
been returned unsatisfied, the plaintiffs moved for the issuance of a writ
of execution against the Surety's bond, against which the Surety filed a
written opposition upon two grounds, namely, (1) Failure to prosecute
and (2) Absence of a demand upon the Surety for the payment of the
amount due under the judgment. Upon these grounds the Surety prayed
the Court not only to deny the motion for execution against its counter-
bond but also the following affirmative relief : "to relieve the herein
bonding company of its liability, if any, under the bond in question"
Issue: 
            Whether or not the surety company  can still question the
jurisdiction of the trial court.

Held:
        No, though it is clear that the case is outside the jurisdiction of the
of the Regional Trial of Cebu, defendants were estopped from
questioning the court's jurisdiction. The Court explained "a party may be
estopped or barred from raising a question in different ways and for
different reasons. Thus we speak of estoppel in pais, or estoppel by
deed or by record, and of estoppel by laches.

Laches, in a general sense is failure or neglect, for an unreasonable and

unexplained length of time, to do that which, by exercising due diligence,
could or should have been done earlier; it is negligence or omission to
assert a right within a reasonable time, warranting a presumption that
the party entitled to assert it either has abandoned it or declined to
assert it.

The doctrine of laches or of "stale demands" is based upon grounds of

public policy which requires, for the peace of society, the
discouragement of stale claims and, unlike the statute of limitations, is
not a mere question of time but is principally a question of the inequity or
unfairness of permitting a right or claim to be enforced or asserted.

The facts of this case show that from the time the Surety became a
quasi-party, it could have raised the question of the lack of jurisdiction [it
only raised the question of jurisdiction after 15 years] of the Court of
First Instance of Cebu to take cognizance of the present action by
reason of the sum of money involved which, according to the law then in
force, was within the original exclusive jurisdiction of inferior courts. It
failed to do so. Instead, at several stages of the proceedings in the
court a quo as well as in the Court of Appeals, it invoked the jurisdiction
of said courts to obtain affirmative relief and submitted its case for a final
adjudication on the merits. It was only after an adverse decision was
rendered by the Court of Appeals that it finally woke up to raise the
question of jurisdiction. Were we to sanction such conduct on its part,
We would in effect be declaring as useless all the proceedings had in
the present case since it was commenced and compel the judgment
creditors to go up their Calvary once more. The inequity and unfairness
of this is not only patent but revolting."

Moreover, adds the Court, "we frown upon the 'undesirable practice' of a
party submitting his case for decision and then accepting the judgment,
only if favorable, and attacking it for lack of jurisdiction, when adverse," 
MTCs iii. Both
EXCLUSIVE ORIGINAL JURISDICTION iv. in offenses involving damage
civil to property through criminal
negligence, Summary
1. Actions involving personal property valued procedure shall govern
at not more than P300,000 or P400,000 in where the fine does not
Metro Manila exceed P10,000
2. Actions demanding sums of money not
exceeding P300,000 or P400,000 in Metro DELEGATED JURISDICTION
Manila including admiralty and maritime Cadastral and land registration cases which does
case not have controversy or opposition and the value
3. Probate proceedings where the gross does not exceed P100,000
value of estate does not exceed P300,000
or P400,000 in Metro Manila SPECIAL JURISDICTION
4. Actions involving title/possession of real In the absence of all RTC judges in the province,
property where the assessed value does the MTC’s have the power to grant:
not exceed P20,000 or P50,000 in Metro 1. Petition for habeas corpus
Manila 2. Application for bail
5. Provisional Remedies in principal actions
within their jurisdiction CONCURRENT JURISDICTION
6. Inclusion and exclusion of voters 1. SC– petition for quo warranto insofar as
barangay officials are concerned.
Criminal 2. RTC – application for protection order.
1. Offenses punishable with imprisonment of
not more than 6 years, regardless of fine
and other imposable accessory penalty
2. Offenses not within the exclusive original
jurisdiction of Sandiganbayan
3. Cases only penalty provided by law is fine
not exceeding P4,000
4. BP 22

Summary Procedure
CIVIL CASES:
a. All cases of forcible entry and
unlawful detainer, irrespective of the
amount of damages or unpaid rentals
sought to be recovered. Where the
attorney’s fees are awarded shall not
exceed P20,000
b. All other cases, EXCEPT PROBATE
PROCEEDINGS, where the total
claim by the plaintiff does not exceed
P100,000 or P200,000 in Metro
Manila, EXCLUSIVE of interest and
costs.

CRIMINAL CASES:
a. Violation of Traffic laws, rules and
regulations;
b. Violation of rental law;
c. Violations of municipal or city
ordinances;
d. All other criminal cases where the
penalty prescribed is:
i. Imprisonment not exceeding
6 months, or
ii. Fine not exceeding P1,000,
or
RTC
EXCLUSIVE ORIGINAL JURISDICTION
civil
1. Other cases where the demand or value of
property in controversy exceeds P300,000
or P400,000 in Metro Manila
2. Actions in admiralty and maritime
jurisdiction where demand or claim
exceeds P300,000 or P400,000 in Metro
Manila
3. Probate proceedings where the gross
value of estate exceeds P300,000 or
P400,000 in Metro Manila
4. Actions involving title/possession of real
property where assessed value exceeds
P20,000 or P50,000 in Metro Manila
5. Actions not capable of pecuniary
estimation
6. Cases not falling within the exclusive
jurisdiction of any court, tribunal, person or
body exercising judicial or quasi-judicial
functions.
7. Application for issuance of writ of search
and seizure in civil actions for infringement
of intellectual property
8. Violation of anti-Money Laundering Act.

Criminal
1. Cases not within the exclusive jurisdiction
of any court, tribunal, or body for offenses
punishable with imprisonment of more
than 6 years irrespective of fine
2. Offenses not falling within the exclusive
jurisdiction of Sandiganbayan
3. Only penalty provided by law is a fine
exceeding P4,000
4. Jurisdiction to impose the maximum and
most serious penalty imposable for an
offense forming part of the complex crime

CONCURRENT JURISDICTION
1. SC –actions affecting ambassadors and
other public minister and consuls
2. SC and CA – petition for habeas corpus
and quo warranto
3. SC, CA and Sandiganbayan – Petition for
writ of Amparo, and Habeas Data
-petition for certiorari, mandamus and
prohibition
4. MTC’s – application for protection order
5. Insurance Commission – claims not
exceeding P100,000

APPELLATE JURISDICTION
All cases decided by lower courts in their
respective territorial jurisdiction.
Family Court
EXCLUSIVE ORIGINAL JURISDICTION
1. Petition for guardianship, custody of
children, habeas corpus in relation to the
latter;
2. Petition for adoption of children and the
revocation thereof;
3. Complaints for annulment of marriage,
declaration of nullity of marriage and those
relating to marital status and property
relations of husband and wife or those
living together under different status and
agreements, and petitions for dissolution
of conjugal partnership of gains;
4. Petition for support and/or
acknowledgment;
5. Summary judicial proceedings brought
under the provisions of Executive Order
No. 209 (Family Code of the Philippines)
6. Petitions for declaration of status of
children as abandoned, dependent or
neglected children, for the voluntary or
involuntary commitment of children, and
for the suspension, termination, or
restoration of parental authority under PD
603, EO 56 1986, and other related laws;
7. Petition for the constitution of the family
home; [no longer needed under Art 152 of FC
“The family home, constituted jointly by the
husband and the wife, or by an unmarried head
of a family, is the dwelling house where they
and their family reside, and the land on which it
is situated]
8. Cases of domestic violence against
women and children, as defined therein,
but which do not constitute criminal
prosecution and penalties.
CA
EXCLUSIVE ORIGINAL JURISDICTION
1. Annulment of judgment of RTC
2. Petition for certiorari, mandamus or
prohibition involving an act or omission of
a quasi-judicial agency.
CONCURRENT JURISDICTION
1. SC – petition for certiorari, madamus, or
prohibition against CSC and NLRC
2. SC and RTC – petition for habeas corpus
and quo warranto
-actions brought to prevent and restrain
violation of laws concerning monopolies
and combination in restraint of trade.
3. SC, RTC and Sandiganbayan – Petition
for certiorari, madamus or prohibition
relating to an act or omission of MTC, or of
a corporation, board, officer or person
-petition for writ of amparo and habeas
data
APPELLATE JURISDICTION
1. Ordinary Appeal
a. From RTC – in its exercise of its
original jurisdiction
-constitutional, tax, jurisdictional
questions involving questions of
fact which should be appealed
first to CA
b. From Family Courts
c. From MTC – land registration and
cadastral cases
2. Petition for Review
a. From CSC
b. From RTC – cases appealed from
MTC’s which are not a matter of
right
c. From quasi-judicial agencies
d. From NCIP
e. From Ombudsman –
administrative disciplinary cases
3. Certiorari – against the NLRC
4. Automatic Review – death penalty
SC d. From CTA
EXCLUSIVE ORIGINAL JURISDICTION
Petition for certiorari, mandamus or prohibition 3. Petition for Certiorari – against COMELEC
against: and COA
1. CA
2. COMELEC
3. COA
4. Sandiganbayan
5. CTA en banc
6. Ombudsman in criminal and non-
administrative disciplinary cases

CONCURRENT JURISDICTION
1. CA – petition for certiorari, mandamus or
prohibition against CSC and NLRC
2. CA and RTC – petition for habeas corpus
and quo warranto
-actions brought to prevent and restrain
violation of laws concerning monopolies
and combinations in restraint of trade.
3. CA, RTC and Sandiganbayan – petition
for certiorari, mandamus or prohibition
relating to an act or omission of MTC, or a
corporation, board, officer or person
4. RTC – actions affecting ambassadors and
other public ministers and consuls
5. MTC – petition for quo warranto insofar as
barangay officials are concerned.

APPELLATE JURISDICTION
1. Ordinary Appeal
a. From CA – all cases involving
offenses for which:
i. Penalty imposed is reclusion
perpetua or life imprisonment, or
ii. Lesser penalty is imposed for
offenses committed on the same
occasion or which arose out of
the sane occurrence that gave
rise to the more severe offense
for which the penalty of death is
imposed.
2. Petition for Review on Certiorari
a. From CA
b. From Sandiganbayan on pure
questions of law
c. From judgment or final orders of
RTC
i. Constitutionality or validity of any
treaty, international or executive
agreement, law, presidential
decree, proclamation, order,
instruction, ordinance or
regulation is in question
ii. Legality of tax, impost,
assessment or toll or any penalty
imposed in relation thereto
iii. Jurisdiction of lower courts is in
issue
iv. Only question of law is involved.
 RULE 1 c. value of the demand
GENERAL PROVISIONS MANCHESTER DEVELOPMENT CORPORATION, ET AL.,
vs. CA G.R. No. 75919 May 7, 1987
FACTS:
SECTION 1. Title of the Rules.—These Rules Originally, this was a case of an action for torts and damages and
specificperformance with a prayer for a temporary restraining order. In
shall be known and cited as the Rules of Court. the present case thedamages were not specifically stated in the prayer
but was alleged in the body of thecomplaint which assessed ₱78.75
million as damages suffered by the petitioner. The amountof the docket
SEC. 2. In what courts applicable.—These fee paid was only ₱410.00. With leave of court the petitioner then
rules shall apply in all courts, except as amendedthe complaint with the inclusion of additional co-plaintiffs and
otherwise provided by the Supreme Court. by eliminating any mentionof the amount of damages in the body of the
complaint thereby reducing the amount of damages to ₱10 million pesos
only.
ISSUE: WON THE COURT ACQUIRED JURISDICTION OVER THE
SEC. 3. Cases governed.—These Rules shall CASE WHEN THECORRECT AND PROPER DOCKET FEE HAS NOT
govern the procedure to be observed in BEEN PAID.
actions, civil or criminal, and special HELD:No. The trial court did not acquire jurisdiction over the case by the
payment of only ₱410.00 as docket fee. Neither can the amendment of
proceedings. the complaint thereby
(a) A civil action is one by which a vest jurisdiction upon the Court. The basis of assessment of the docket f
ee should be theamount of damages sought in the original complaint
party sues another for the enforcement and not in the amended complaint. Allcomplaints, petitions, answers and
or protection of a right, or the other similar pleadings should specify the amount of damages being
prayed for not only in the body of the pleading but also in the prayer,
prevention or redress of a wrong. andsaid damages shall be considered in the assessment of the filing
A civil action may either be ordinary or fees in any case. Anypleading that fails to comply with this requirement
special. Both are governed by the rules shall not bib accepted nor admitted, orshall otherwise be expunged from
the record.
for ordinary civil actions, subject to the
specific rules prescribed for a special
SEC. 6. Construction.—These Rules shall be
civil action.
liberally construed in order to promote their
(b) A criminal action is one by which
objective of securing a just, speedy and
the State prosecutes a person for an
inexpensive disposition of every action and
act or omission punishable by law.
proceeding.
(c) A special proceeding is a remedy by
which a party seeks to establish a
status, a right, or a particular fact.
SEC. 4. In what cases not applicable.—These
Rules shall not apply to election cases, land
registration, cadastral, naturalization and
insolvency proceedings, and other cases not
herein provided for, except by analogy or in a
suppletory character and whenever practicable
and convenient.
SEC. 5. Commencement of action.—A civil
action is commenced by the filing of the
original complaint in court. If an additional
defendant is impleaded in a later pleading, the
action is commenced with regard to him on the
date of the filing of such later pleading,
irrespective of whether the motion for its
admission, if necessary, is denied by the court.
The court acquires jurisdiction over any case upon
payment of the prescribed docket fees.
 Complaint should specify the amount of damages
prayed for not only in the body of the complaint but
also in the prayer.
An action may be commenced by filing the
complaint by registered mail. The date of mailing
is considered the date of filing said complaint.
Docket fee may be based on:
a. nature of the action
b. value of the property involved or
 RULE 2
CAUSE OF ACTION
SECTION 1. Ordinary civil actions, basis of.—
Every ordinary civil action must be based on a
cause of action.
SEC. 2. Cause of action, defined.—A cause of
action is the act or omission by which a party
violates a right of another.
Cause of Action – delict or wrongful act or
omission committed by the defendant in violation
of the primary rights of the plaintiff
Right of Action – remedial right or right to relief
granted by law to a party to institute an action
against a person who has committed a delict or
wrong against him. [right to sue]
Relief – redress, protection, award, or coercive
measure which the plaintiff prays the court to
render in his favor as a consequence of the delict
committed by the defendant.
Remedy – procedure or type of action which may
be availed of by the plaintiff as the means to
obtain the relief desired.
Subject-Matter – thing, wrongful act, contract or
property which is directly involved in the action,
concerning which the wrong has been done and
with respect to which the controversy has risen.
Classification of Actions
A. As to CAUSE
1. Real Action – brought for the protection of
real rights, land, tenement or
hereditaments or one founded on privity
estate only.
2. Personal Action – not founded upon the
privity of real rights or real property
3. Mixed Action – brought for the protection
or recovery of real property and also for an
award for damages sustained.
B. As to OBJECT
1. Action in Rem – not directed only against
particular person but against the thing
itself
- a proceeding to determine the state or
condition of a thing.
-jurisdiction over the person of the defendant
is NOT REQUIRED
2. Action in Personam – directed against the
particular person on the basis of their
personal liability to establish a claim
against them.
-judgment is binding only upon the parties
impleaded or their successors in interest.
3. Action Quasi in Rem – a proceeding to
subject the interest of a named defendant
over a particular property to an obligation
or lien burdening it.
C. As to PLACE OF FILING
1. Transitory Action – venue is dependent
upon the residence of the parties
regardless of where the cause of action
arise
2. Local Action – required by the Rules to be
instituted in a particular place in the
absence of an agreement to the contrary.
SEC. 3. One suit for a single cause of action.—
A party may not institute more than one suit
for a single cause of action.
SEC. 4. Splitting a single cause of action;
effect of.—If two or more suits are instituted on
the basis of the same cause of action, the filing
of one or a judgment upon the merits in any
one is available as a ground for the dismissal
of the others.
PURPOSE: to avoid harassment and vexation to
the defendant and to obviate multiplicity of suits
Splitting a cause of action – is the act of dividing a
single cause of action, claim or demand into two or
more parts, and bringing suit for one of such parts
only.
REMEDY: move to dismiss under Rule 16, Section
1 (e) [litis pendentia], or (f) [res judicata]
RULE 16
MOTION TO DISMISS
SECTION 1. Grounds.—Within the time for but before filing
the answer to the complaint or pleading asserting a claim, a
motion to dismiss may be made on any of the following
grounds:
(a) That the court has no jurisdiction over the person
of the defending party;
(b) That the court has no jurisdiction over the subject
matter of the claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the
same parties for the same cause;
(f) That the cause of action is barred by a prior
judgment or by the statute of limitations;
(g) That the pleading asserting the claim states no
cause of action;
(h) That the claim or demand set forth in the plaintiff’s
pleading has been paid, waived, abandoned, or
otherwise extinguished;
(i) That the claim on which the action is founded is
unenforceable under the provisions of the statute of
frauds; and
(j) That a condition precedent for filing the claim has
not been complied with.
In contract to be performed periodically as by
installments, each failure to pay an installment
constitutes a cause of action and can be the subject of a
separate suit as the installments falls due, or it can be
included in the pending suit by Supplemental pleading.
However, if at the time of the bringing of suit, several
installments are already sue, all must be included as
integrating a single cause of action.
Non-payment of a mortgage loan cannot be split into
two action, but an action for collection of a mortgage
loan does not bar another for rescission of the mortgage
if the rescission is based on the non-compliance by the
mortgagor.
SEC. 5. Joinder of causes of action.—A party
may in one pleading assert, in the alternative
or otherwise, as many causes of action as he
may have against an opposing party, subject
to the following conditions:
(a) The party joining the causes of action
shall comply with the rules on joinder of
parties;
(b) The joinder shall not include special
civil actions or actions governed by
special rules;
(c) Where the causes of action are
between the same parties but pertain to
different venues or jurisdictions, the
joinder may be allowed in the Regional
Trial Court provided one of the causes of
action falls within the jurisdiction of said
court and the venue lies therein; and
(d) 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.
Par. (a) – requires the joinder of causes of action
shall comply with the rule on joinder of parties. In
relation to Sec 6 of Rule 3, it is necessary that the
right of relief from said causes of action should
arise out of the same transaction or series of
transaction, and a question of law and fact
common to all plaintiffs or defendant may arise in
the action.
Par. (b) – only causes of action in ordinary civil
actions may be joined, because they are subject to
the same rules and to avoid confusion in the
conduct of the proceedings as well as in the
determination of the presence of the requisite
elements of each particular cause of action.
Pars. (c) and (d) – determine which court will have
jurisdiction over the action wherein several causes
of action have been joined.
This section presupposes that the different cause
of action which are joined accrue in favor of the
same plaintiff/s and against the same defendant/s
and that no misjoinder of parties is involved.
SEC. 6. Misjoinder of causes of action.—
Misjoinder of causes of action is not a ground
for dismissal of an action. A misjoined cause
of action may, on motion of a party or on the
initiative of the court, be severed and
proceeded with separately.
In case of misjoinder of causes of action. The
cause of action erroneously joined need only be
separated and dismissed, without affecting the
action with regard to the other cause or causes of
action.
RULE 3 SEC. 11. Misjoinder and non-joinder
of parties.—Neither misjoinder nor non-joinder
of parties is ground for dismissal of an action.
Parties may be dropped or added by order of
the court on motion of any party or on its own
initiative at any stage of the action and on such
terms as are just. Any claim against a
misjoined party may be severed and
proceeded with separately.
Rule 3
PARTIES TO CIVIL ACTIONS
SECTION 1. Who may be parties; plaintiff and
defendant.—Only natural or juridical persons,
or entities authorized by law may be parties in
a civil action. The term “plaintiff” may refer to
the claiming party, the counter-claimant, the
cross-claimant, or the third (fourth etc.)—party
plaintiff. The term “defendant” may refer to the
original defending party, the defendant in a
counterclaim, the cross-defendant, or the third
(fourth, etc.)—party defendant.
Art. 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities
for public interest or purpose, created by law;
their personality begins as soon as they have
been constituted according to law;
(3) Corporations, partnerships and
associations for private interest or purpose to
which the law grants a juridical personality,
separate and distinct from that of each
shareholder, partner or member.
If the party is not a registered juridical person:
RULE 3 SEC. 15. Entity without juridical
personality as defendant.—When two 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 generally or commonly known.
In the answer of such defendant the names
and addresses of the persons composing said
entity must all be revealed.
RULE 36 SEC. 6. Judgment against entity
without juridical personality.—When judgment
is rendered against two or more persons sued
as an entity without juridical personality, the
 judgment shall set out their individual or proper
names, if known.
SEC. 2. Parties in interest.—A real party in
interest is the party who stands to be benefited
or injured by the judgment in the suit, or the
party entitled to the avails of the suit. Unless
otherwise authorized by law or these Rules,
every action must be prosecuted or defended
in the name of the real party in interest.
If the suit is not brought in the name of or against
the real party in interest, a motion to dismiss may
be filed on the ground that the complaint states no
cause of action under Rule 16 sec 1 (g)
SEC. 3. Representatives as parties. —Where
the action is allowed to be prosecuted or
defended by a representative or someone
acting in a fiduciary capacity, the beneficiary
shall be included in the title of the case and
shall be deemed to be the real party in interest.
A representative may be a trustee of an
express trust, a guardian, an executor or
administrator, or a party authorized by law or
these Rules. An agent acting in his own name
and for the benefit of an undisclosed principal
may sue or be sued without joining the
principal except when the contract involves
things belonging to the principal.
Art. 487. Any one of the co-owners may bring an
action in ejectment.
Art. 1311. Contracts take effect only between the
parties, their assigns and heirs, except in case
where the rights and obligations arising from the
contract are not transmissible by their nature, or
by stipulation or by provision of law. The heir is not
liable beyond the value of the property he received
from the decedent.
If a contract should contain some stipulation in
favor of a third person, he may demand its
fulfillment provided he communicated his
acceptance to the obligor before its revocation. A
mere incidental benefit or interest of a person is
not sufficient. The contracting parties must have
clearly and deliberately conferred a favor upon a
third person.
Art. 1883. If an agent acts in his own name, the
principal has no right of action against the persons
with whom the agent has contracted; neither have
such persons against the principal.
In such case the agent is the one directly bound in
favor of the person with whom he has contracted,
as if the transaction were his own, except when
the contract involves things belonging to the
principal.
The provisions of this article shall be understood
to be without prejudice to the actions between the
principal and agent.
A duly recognized labor union, can file a representative
suit in their behalf.
A corporation cannot file an action to recover property
belonging to its stockholders as it has no interest
therein.
SEC. 4. Spouses as parties.—Husband and
wife shall sue or be sued jointly, except as
provided by law.
SEC. 5. Minor or incompetent persons.—A
minor or a person alleged to be incompetent,
may sue or be sued, with the assistance of his
father, mother, guardian, or if he has none, a
guardian ad litem.
SEC. 6. Permissive joinder of parties.—All
persons in whom or against whom any right to
relief in respect to or arising out of the same
transaction or series of transactions is alleged
to exist, whether jointly, severally, or in the
alternative, may except as otherwise provided
in these Rules, join as plaintiffs or be joined as
defendants in one complaint, where any
question of law or fact common to all such
plaintiffs or to all such defendants may arise in
the action; but the court may make such
orders as may be just to prevent any plaintiff
or defendant from being embarrassed or put to
expense in connection with any proceedings in
which he may have no interest.
This section enunciates the rule on permissive joinder of
parties, they either joined in one single complaint or may
themselves maintain or be sued in separate suits. It is
also applicable in counterclaims.
REQUISITES of Permissive joinder:
a. The right to relief arises out of the same
transaction or series of transactions;
b. There is a question of law or fact common to all
plaintiffs or defendants; and
c. Such joinder is not otherwise proscribed by the
provisions of the Rules on jurisdiction and
venue.
Series of transactions – means separate dealings
with the parties but all of which dealings are
directly connected with the same type of subject-
matter of the suit.
SEC. 7. Compulsory joinder of indispensable
parties.—Parties in interest without whom no
final determination can be had of an action
shall be joined either s plaintiffs or defendants.
SEC. 8. Necessary party.—A necessary party is
one who is not indispensable but who ought to
be joined as a party if complete relief is to be
accorded as to those already parties, or for a
complete determination or settlement of the
claim subject of the action.
Necessary parties – those whose presence is
ecessary to adjudicate the whole controversy but
whose interest are so far separable that a final
decree can be made in their absence without
affecting them.
Indispensable parties – those with such an interest
in the controversy that a final decree would
necessarily affect their rights, so that the court
cannot proceed without their presence.
SEC. 9. Non-joinder of necessary parties to be
pleaded.—Whenever in any pleading in which a
claim is asserted a necessary party is not
joined, the pleader shall set forth his name, if
known, and shall state why he is omitted.
Should the court find the reason for the
omission unmeritorious, it may order the
inclusion of the omitted necessary party if
jurisdiction over his person may be obtained.
The failure to comply with the order for his
inclusion, without justifiable cause, shall be
deemed a waiver of the claim against such
party.
The non-inclusion of a necessary party does
not prevent the court from proceeding in the
action, and the judgment rendered therein
shall be without prejudice to the rights of such
necessary party.
The need for impleading all necessary parties in order
that the claims involved in the action may be completely
determined therein and thereby avoid multiplicity of
suits. The non-inclusion of the necessary party may be
excused only on meritotious grounds, absent which the
court shall order him to be impleaded if jurisdiction over
his person can be obtained.
The plaintiff shall be ordered to file an amended
complaint impleading the necessary party therein as a
co-defendant
SEC. 10. Unwilling co-plaintiff.— If the consent
of any party who should be joined as plaintiff
can not be obtained, he may be made a
defendant and the reason therefor shall be
stated in the complaint.
SEC. 11. Misjoinder and non-joinder of parties.
—Neither misjoinder nor non-joinder of parties
is ground for dismissal of an action. Parties
may be dropped or added by order of the court
on motion of any party or on its own initiative
at any stage of the action and on such terms
as are just. Any claim against a misjoined party
may be severed and proceeded with
separately.
Objects to defect in the parties impleaded should be
made at the earliest opportunity, the moment such
defects become apparent. Objection to misjoinder
cannot be raised for the first time on appeal.
Although both misjoinder of parties and causes of action
are not grounds for dismissal, they stand on different
premises as there can be misjoinder of parties even if
there is only one cause of action common to them.
SEC. 12. Class suit.—When the subject matter
of the controversy is one of the common or
general interest to many persons so numerous
that it is impracticable to join all as parties, a
number of them which the court finds to be
sufficiently numerous and representative as to
fully protect the interests of all concerned may
sue or defend for the benefit of all. Any party in
interest shall have the right to intervene to
protect his individual interest.
REQUISITES:
1. The subject matter of the controversy is one of
common or general interest to many persons;
2. The parties affected are so numerous that it is
impracticable to bring them all before the court;
and
3. The parties bringing the class suit are
sufficiently numerous or representative of the
class and can fully protect the interests of all
concerned.
*The complaint must specially state that the same is
being brought in behalf of others with whom parties
share a common interest. If there is conflict of interest
between those sought to be represented and those who
files the action, the class suit will not prosper.
*A class suit cannot be compromised or dismissed
without the approval of the court.
*This section also regulates defend in a class suit.
Whether the suit is or not a class suit depends upon the
attending facts, and the complaint or other pleading
initiating the class action should allege the existence of
a subject-matter of common interest, as well as the
existence of a class and the number of persons in the
alleged class.
SEC. 13. Alternative defendants.—Where the
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,
although a right to relief against one may be
inconsistent with a right of relief against the
other.
SEC. 14. Unknown identity or name of
defendant.—Whenever the identity or name of
a defendant is unknown, he may be sued as
the unknown owner, heir, devisee, or by such
other designation as the case may require;
when his identity or true name is discovered,
the pleading must be amended accordingly.
See Sec 1 RULE 11
SEC. 15. Entity without juridical personality as
defendant.—When two 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 generally or
commonly known.
In the answer of such defendant the names
and addresses of the persons composing said
entity must all be revealed.
RULE 14 SEC 8. Service upon entity without juridical
personality.— When persons associated in an entity
without juridical personality are sued under the name by
which they are generally or commonly known, service may
be effected upon all the defendants by serving upon any
one of them, or upon the person in charge of the office or
place of business maintained in such name. But such
service shall not bind individually any person whose
connection with the entity has, upon due notice, been
severed before the action was brought.
RULE 36 SEC. 6. Judgment against entity without juridical
personality.—When judgment is rendered against two or
more persons sued as an entity without juridical
personality, the judgment shall set out their individual or
proper names, if known.
SEC. 16. Death of party; duty of counsel.—
Whenever a party to a pending action dies, and
the claim is not thereby extinguished, it shall
be the duty of his counsel to inform the court
within thirty (30) days after such death of the
fact thereof, and to give the name and address
of his legal representative or representatives.
Failure of counsel to comply with this duty
shall be a ground for disciplinary action.
The heirs of the deceased may be allowed to
be substituted for the deceased, without
requiring the appointment of an executor or
administrator and the court may appoint a
guardian ad litem for the minor heirs.
the deceased. The court charges in procuring
such appointment, if defrayed by the opposing
party, may be recovered as costs.
Whether an action survives or not depends on the
nature of the action and the damage sued for.
Cause of action which survive – the wrong complained
of affects primarily and principally property and property
rights, injuries to the person being merely incidental
Cause of action which do not survive – the injury
complained of is to the person the property or property
rights affected being incidental.
These provisions apply where the claim
survives and regardless of whether:
1. either the plaintiff or the defendant dies
2. the case is in trial or appellate courts.
Order of substitution shall be served upon the parties
substituted in the action, otherwise the court does not
acquire jurisdiction over the substitute party. No
summons are required to be served on the substitute
defendants.
Proceedings conducted by the trial court without order
of substitution are NULL and VOID.
Order of substitution first before order to amend the
complaint, otherwise it shall be VOID.
Actions that survive against the decedent’s
representatives are:
1. actions to recover real and personal property
against the estate;
2. actions to enforce liens thereon;
3. actions tor recover for an injury to person or
property by reason of tort or delict committed
by the deceased.

The court shall forthwith order said legal

representative or representatives to appear
and be substituted within a period of thirty (30)
days from notice.

If no legal representative is named by the

counsel for the deceased party or if the one so
named shall fail to appear within the specified
period, the court may order the opposing
party, within a specified time, to procure the
appointment of an executor or administrator
for the estate of the deceased and the latter
shall immediately appear for and on behalf of
SEC. 17. Death or separation of a party who is
a public officer.—When a public officer is a
party in an action in his official capacity and
during its pendency dies, resigns, or other
wise ceases to hold office, the action may be
continued and maintained by or against his
successor if, within thirty (30) days after the
successor takes office or such time as may be
granted by the court, it is satisfactorily shown
to the court by any party that there is a
substantial need for continuing or maintaining
it and that the successor adopts or continues
or threatens to adopt or continue the action of
his predecessor. Before a substitution is made,
the party or officer to be affected, unless
expressly assenting thereto, shall be given
reasonable notice of the application therefor
and accorded an opportunity to be heard.
The “officer of the Philippines” does not include a judge
who is sued in connection with the exercise of his
judicial functions.
The challenged action of a public officer need not
necessarily involve a constitutional issue
SEC. 18. Incompetency or incapacity.—If a
party becomes incompetent or incapacitated,
the court, upon motion with notice, may allow
the action to be continued by or against the
incompetent or incapacitated person assisted
by his legal guardian or guardian ad litem.
The action shall continue to be prosecuted by or against
him personally and not through his representatives, in
line with the amendments in Sec 3 and 5 of this RULE.
SEC. 19. Transfer of interest.—In case of any
transfer of interest, the action may be
continued by or against the original party,
unless the court upon motion directs the
person to whom the interest is transferred to
be substituted in the action or joined with the
original party.
It does not provide that the substitution of parties
contemplated therein is mandatory, it being permissible
to continue the action by or against the original party in
case of transfer of interest while the action is pending
[pendent lite]
SEC. 20. Action on contractual money claims.
—When the action is for recovery of money
arising from contract, express or implied, and
the defendant dies before entry of final
judgment in the court in which the action was
pending at the time of such death, it shall not
be dismissed but shall instead be allowed to
continue until entry of final judgment. A
favorable judgment obtained by the plaintiff
therein shall be enforced in the manner
especially provided in these Rules for
prosecuting claims against the estate of a
deceased person.
The action shall allowed to continue until entry of final
judgment, hence it will be necessary to have a legal
representative appear and be substituted for the
deceased defendant. Provisions of Sec 17 shall also
apply since the same governs regardless of which of the
parties to the action dies or whether the case is in the
trial or appellate court.
Such entry of final judgment may take place in the RTC
or an appellate court. The money claim shall be filed in
the probate court.
SEC. 21. Indigent party.—A party may be
authorized to litigate his action, claim or
defense as an indigent if the court, upon an ex
parte application and hearing, is satisfied that
the party is one who has no money or property
sufficient and available for food, shelter and
basic necessities for himself and his family.
Such authority shall include an exemption
from payment of docket and other lawful fees,
and of transcripts of stenographic notes which
the court may order to be furnished him. The
amount of the docket and other lawful fees
which the indigent was exempted from paying
shall be a lien on any judgment rendered in the
case favorable to the indigent, unless the court
otherwise provides.
Any adverse party may contest the grant of
such authority at any time before judgment is
rendered by the trial court. If the court should
determine after hearing that the party declared
as an indigent is in fact a person with sufficient
income or property, the proper docket and
other lawful fees shall be assessed and
collected by the clerk of court. If the payment
is not made within the time fixed by the court,
execution shall issue or the payment thereof,
without prejudice to such other sanctions as
the court may impose.
SEC. 22. Notice to the Solicitor General.—In
any action involving the validity of any treaty,
law, ordinance, executive order, presidential
decree, rules or regulations, the court, in its
discretion, may require the appearance of the
Solicitor General who may be heard in person
or through a representative duly designated by
him.

Rule 4
VENUE OF ACTIONS
SECTION 1. Venue of real actions.—Actions
affecting title to or possession of real property,
or interest therein, shall be commenced and
tried in the proper court which has jurisdiction
over the area wherein the real property
involved, or a portion thereof, is situated.
Forcible entry and detainer actions shall be
commenced and tried in the municipal trial
court of the municipality or city wherein the
real property involved, or a portion thereof, is
situated.
SEC. 2. Venue of personal actions.—All other
actions may be commenced and tried where
the plaintiff or any of the principal plaintiffs
resides, or where the defendant or any of the
principal defendants resides, or in the case of
a non-resident defendant where he may be
found, at the election of the plaintiff.
Venue for real action – place where the real property is
situated
Venue for personal action – residence of the parties with
special provisions for nonresident defendants. The
residence referred to is the place where the party
actually resides at the time the action is instituted. The
residence of the person is his personal, actual, or
physical habitation or his actual residence or place of
abode whether permanent or temporary as long as he
resides with continuity and consistency therein
Where the subject matter of the action involves various
parcels of land situated in different provinces, the venue
is determined by the singularity or plurality of the
transactions involving said parcels of land.
Where a parcel of land is the object of one and the
same transaction, the venue was in the RTC of any of
the provinces where the land is situated.
If the parcels of land are subject of separate and distinct
transactions, there is no common venue and separate
actions should be laid in the RTC of the province where
each parcel of land is situated.
Venue in ejectment cases may be changed by
agreement of the parties, but it must be in writing before
the filing of the action.
SEC. 3. Venue of actions against nonresidents.
—If any of the defendants does not reside and
is not found in the Philippines, and the action
affects the personal status of the plaintiff, or
any property of said defendant located in the
Philippines, the action may be commenced and
tried in the court of the place where the
plaintiff resides, or where the property or any
portion thereof is situated or found.
Principal defendants – non resident but in the
Philippines – venue where the defendant may be found.
Plaintiff is non-resident of the Philippines, venue is the
place where the defendant resides, or in real action
where the real property or part thereof is situated.
Defendant is non-resident and not found in the
Philippines, civil action are proper only when the action
affects the personal status of the plaintiff or property of
the defendant.
Where there is more than one defendant or plaintiff –
residences of the principal parties should be the basis
for determining the proper venue.
EXCEPTION: civil actions for damages for LIBEL,
whether a criminal action has been filed or not. Venue
shall apply to both resident and nonresidents assuming
that jurisdiction over the latter has been acquired.
SEC. 4. When Rule not applicable.—This Rule
shall not apply—
(a) In those cases where a specific rule or law
provides otherwise; or
(b) Where the parties have validly agreed in
writing before the filing of the action on the
exclusive venue thereof.
To be binding, the parties must have agreed on the
exclusive nature of the venue of any prospective action
between them, it must re restrictive and not permissive.
It is fundamental in the law governing venue of actions
that the place is fixed to attain the greatest convenience
possible to the litigants by taking into consideration the
maximum accessibility to them to the courts of justice.

Venue in personal actions is fixed for the convenience

of the plaintiff and his witnesses and to promote the
ends of justice.

The court may declare agreements on venue as

contrary to public policy if such stipulation denies a party
a fair opportunity to file suit in the place designated by
the Rules. The court shall take into consideration the
economic conditions of the parties, the practical need to
avoid numerous suits filed against the defendant in
various parts of the country and the peculiar
circumstances of the case.

In actions involving domestic corporations, for purposes

of venue, what is controlling is the location of its
principal place of business stated in the articles of
incorporation, not the branch office or place of business
thereof.

A third party complain yields to the jurisdiction and

venue of the main action even said third party complaint
is based on a separate agreement which specifies a
different venue for suits arising from said agreement.

The Supreme Court has the power to order a change of

venue or place of trial in civil or criminal cases or other
judicial proceedings to avoid miscarriage of justice.
 Rule 5
UNIFORM PROCEDURE IN TRIAL COURTS
SECTION 1. Uniform procedure.—The
procedure in the Municipal Trial Courts shall
be the same as in the Regional Trial Courts,
except (a) where a particular provision
expressly or impliedly applied only to either of
said courts, or (b) in civil cases governed by
the Rule on Summary procedure.
SEC. 2. Meaning of terms.—The term
―Municipal Trial Courts‖ as used in these
Rules shall include Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial
Courts, and Municipal Circuit Trial Courts.
Rules on Summary Procedure
CIVIL cases:
Pleadings: complaint, compulsory counterclaims and
cross claims
VERIFICATION in all pleadings are REQUIRED
Rule 6
KINDS OF PLEADINGS
SECTION 1. Pleadings defined.—Pleadings are
the written statements of the respective claims
and defenses of the parties submitted to the
court for appropriate judgment.
SEC. 2. Pleadings allowed.—The claims of a
party are asserted in a complaint,
counterclaim, cross-claim, third (fourth, etc.)—
party complaint, or complaint-in-intervention.
The defenses of a party are alleged in the
answer to the pleading asserting a claim
against him.
An answer may be responded to by a reply.
In a broad sense, the term pleadings includes all papers
files, excluding evidentiary matters, from the complaint
down to the judgment. Documents attached to the
pleadings and made part of the pleadings.
SEC. 3. Complaint.—The complaint is the
pleading alleging the plaintiff’s cause or
causes of action. The names and residences of
the plaintiff and defendant must be stated in
the complaint.
The jurisdiction of the court and the nature of the action
are determined by the averments in the complaint. The
prayer for relief is not controlling on the court and is
merely advisory as to the nature of the action.
SEC. 4. Answer.—An answer is a pleading in
which a defending party sets fourth his
defenses.
RULE 11 SECTION 1. Answer to the complaint.—The
defendant shall file his answer to the complaint within
fifteen (15) days after service of summons, unless a
different period is fixed by the court.
RULE 11 SEC. 2. Answer of a defendant foreign private
juridical entity.—Where the
defendant is a foreign private juridical entity and service of
summons is made on the government official designated by
law to receive the same, the answer shall be filed within
thirty (30) days after receipt of summons by such entity.
RULE 14 SEC. 15. Extraterritorial service.—When the
defendant does not reside and is not found in the
Philippines, and the action affects the personal status of
the plaintiff or relates to, or the subject of which is, property
within the Philippines, in which the defendant has or claims
a lien or interest, actual or contingent; or in which the relief
demanded consists, wholly or in part, in excluding the
defendant from any interest therein, or the property of the
defendant has been attached within the Philippines, service
may, by leave of court, be effected out of the Philippines by
personal service as under section 6; or by publication in a
newspaper of general circulation in such places and for
such time as the court may order, in which case a copy of
the summons and order of the court shall be sent by
registered mail to the last known address of the defendant,
or in any other manner the court may deem sufficient. Any
order granting such leave shall specify a reasonable time,
which shall not be less than sixty (60) days after notice,
within which the defendant must answer.
SEC. 5. Defenses.—Defenses may either be
negative or affirmative.
(a) A negative defense is the specific denial
of the material fact or facts alleged in the
pleading of the claimant essential to his
cause or causes of action.
 (b) An affirmative defense is an allegation
of a new matter which, while hypothetically
admitting the material allegations in the
pleading of the claimant would
nevertheless prevent or bar recovery by
him. The affirmative defenses include
fraud, statute of limitations, release
payment, illegality, statute of frauds,
estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of
confession and avoidance.
General denial will be deemed an admission of the
averments in the complaint.
The affirmative defenses listed in sec 5 (b) is not
exclusive. Res judicata, ultra vires acts of a corporation,
or lack of authority of a person assuming to act for the
corporation, laches and unconstitutionality are
affirmative defenses which should be specifically
pleaded.
If no motion to dismiss had been filed, any grounds
therefor may be raised as affirmative defenses in the
answer.
SEC. 6. Counterclaim.—A counterclaim is any
claim which a defending party may have
against an opposing party.
SEC. 7. Compulsory counterclaim.—A
compulsory counterclaim is one which, being
cognizable by the regular courts of justice,
arises out of or is connected with the
transaction or occurrence constituting the
subject matter of the opposing party’s claim
and does not require for its adjudication the
presence of third parties of whom the court
cannot acquire jurisdiction. Such a etc.)—party plaintiff may have against the
counterclaim must be within the jurisdiction of
the court both as to the amount and the nature
thereof, except that in an original action before
the Regional Trial Court, the counterclaim may
be considered compulsory regardless of the
amount.
SEC. 8. Cross-claim.—A cross-claim is any
claim by one party against a co-party arising
out of the transaction or occurrence that is the
subject matter either of the original action or of
a counterclaim therein. Such cross-claim may
include a claim that the party against whom it
is asserted is or may be liable to the cross-
claimant for all or part of a claim asserted in
the action against the cross-claimant. (7)
SEC. 9. Counterclaims and counter-cross-
claims.—A counterclaim may be asserted
against an original counter-claimant.
A cross-claim may also be filed against an
original cross-claimant. (n)
SEC. 10. Reply.—A reply is a pleading, the
office or function of which is to deny, or allege
facts in denial or avoidance of new matters
alleged by way of defense in the answer and
thereby join or make issue as to such new
matters. If a party does not file such reply, all
the new matters alleged in the answer are
deemed controverted.
If the plaintiff whishes to interpose any claims
arising out of the new matters so alleged such
claims shall be set forth in an amended or
supplemental complaint. (11)
SEC. 11. Third, (fourth, etc.)—party complaint.
—A third (fourth, etc.)—party complaint is a
claim that a defending party may, with leave of
court, file against a person not a party to the
action, called the third (fourth, etc.)—party
defendant, for contribution, indemnity,
subrogation or any other relief, in respect of
his opponent’s claim. (12a)
SEC. 12. Bringing new parties.—When the
presence of parties other than those to
the original action is required for the granting
of complete relief in the determination of a
counterclaim or cross-claim, the court shall
order them to be brought in as defendants, if
jurisdiction over them can be obtained. (14)
SEC. 13. Answer to third (fourth, etc.)—party
complaint.—A third (fourth, etc.)—party
defendant may allege in his answer his
defenses, counterclaims or cross-claims,
including such defenses that the third (fourth,
original plaintiff’s claim. In proper cases, he
may also assert a counterclaim against the
original plaintiff in respect of the latter’s claim
against the third-party plaintiff.