Rule 4: VENUE
The parties may stipulate on the venue as long as the agreement is in
VENUE OF REAL ACTIONS
 Q: What is the venue of real actions?
 A: The venue is local, hence the venue is the place where the real property
involved or, any portion thereof, is situated (Sec. 1, Rule 4)
VENUE OF PERSONAL ACTIONS
 Q: What is the venue of personal actions?
 A: The venue is transitory, hence the venue is the residence of the plaintiff or
defendant at the option of the plaintiff. (Sec. 3, Rule 4).
VENUE OF ACTIONS AGAINST NON-RESIDENTS
 Q: Where should the action be commenced and tried if the defendant is a
non-resident?
 A:
1. Defendant does not reside and is found in the Philippines:
a. Personal actions – shall be commenced and tried in the court of the place
where the plaintiff resides
b. Real actions – shall be commenced and tried in the court of the place
where the property is located.
2. Defendant does not reside and is not found in the Philippines:
a. If the action affects the personal status of the plaintiff – the action may be
commenced and tried in the court of the place where the plaintiff resides.
b. If it involves any property of the nonresident defendant – the action may
be commenced and tried where the property or any portion thereof is
situated (Sec. 3, Rule 4).
WHEN THE RULES ON VENUE DO NOT APPLY
 Q: In what instances does the rule on venue of action inapplicable?
 A:
1. In cases where a specific rule or law provides otherwise (e.g. an action for
damages arising from libel).
2. Where the parties have validly agreed in writing before the filing of the
action on the exclusive venue (Sec. 4, Rule 4).
EFFECTS OF STIPULATIONS ON VENUE
 Q: What is rule on the stipulations on venue?
 A: The parties may agree on a specific venue which could be in a place
where neither of them resides (Universal Robina Corp. vs. Lim, 535 SCRA
95).
writing, made before the filing of the action, and exclusive. (Sec.4[b], Rule 4)
 Q: What makes a stipulation on venue exclusive?
 A: Venue is exclusive when the stipulation clearly indicates, through
qualifying and restrictive words that the parties deliberately exclude causes
or actions from the operation of the ordinary permissive rules on venue and
that they intended contractually to designate a specific venue to the
exclusion of any other court also competent and accessible to the parties
under the ordinary rules on venue of actions
 Note: A stipulation that the parties agree to sue and be sued in the courts of
Manila is not restrictive or exclusive to prevent the filing of the suit in the
places provided for by the rules
 Q: What are examples of words with restrictive meanings?
 A:
1. Only
2. Solely
3. Exclusively in this court
4. In no other court save –
5. Particularly
6. Nowhere else but/except
 Q: When is stipulation on venue void?
 A: It is void and unenforceable when it is contrary to public policy (Sweet
Lines v. Teves, G.R. No. 28324, Nov. 19, 1978)
 Note: When the action is no longer based on the agreement but on the
tortuous act of sending collection telegrams despite the fact that the
obligation had already been paid, venue is no longer based on the written
stipulation but at the election of the plaintiff as fixed by law. (Zoleta v.
Ramillo, G.R. No. L-58080, Feb. 15, 1982)
RULE 6 AND 7: PLEADINGS
 Q: What are pleadings?
 A: Pleadings are the written statements of the respective claims and defenses
of the parties submitted to the court for appropriate judgment. (Sec.1, Rule
6)
 Note: Pleadings cannot be oral because they are clearly described as
“written” statements
 Q: What is a complaint?
 A: It is a concise statement of the ultimate facts constituting the plaintiff’s
cause or causes of action, with a specification of the relief sought, but it may
 add a general prayer for such further relief as may be deemed just or
equitable.
 Note: A pleading alleging the plaintiff’s cause or causes of action. The names
and residences of the plaintiff and defendant must be stated. (Sec. 3, Rule 6)
 Q: What is an answer?
 A: It is the pleading where the defendant sets forth his affirmative or
negative defenses (Sec. 4 Rule 6). It may likewise be the response to a
counterclaim or a cross-claim.
 Note: An answer Is a compulsory pleading. This pleading may be an answer
to the complaint, an answer to counter claim or an answer to a cross-claim
 Q: What are the two kinds of defenses that may be set forth in the answer?
 A:
1. Affirmative defenses – allegation of a new matter which while
hypothetically admitting the material allegations in the pleading would
nevertheless prevent or bar recovery by the claiming party. It is in the nature
of confession and avoidance
2. Negative defenses – specific denial of the material facts or facts alleged in
the pleading essential to establish the plaintiff’s cause of action (Sec. 5, Rule
6).
 Q: What are insufficient denials or denials amounting to an admission?
 A:
1. General denial
2. Denial in the form of a negative pregnant
 Q: What is negative pregnant?
 A: A denial which does not qualify as a specific denial. It is conceded to be
actually an admission. It is a form of denial which, at the same time, involves
an affirmative implication favorable to the opposing party. It is in effect an
admission of the averment to which it is directed. It is said to be a denial
pregnant with an admission of the substantial facts in the pleading
responded to.
 Q: What is counterclaim?
 A: It is any claim which a defending party may have against an opposing
party (Sec. 6, Rule 6). It partakes of a complaint by the defendant against
the plaintiff
 Q: What is the effect of the dismissal of a complaint on the counterclaim?
 A:
1. If no motion to dismiss has been filed, any of the grounds for dismissal
under rule 16 may be pleaded as an affirmative defense in the answer, and
in the discretion of the court, a preliminary hearing may be had thereon as if
a motion to dismiss has been filed (Sec. 6, Rule 16). After hearing, when the
complaint is dismissed, the counterclaim, compulsory or permissive is not
dismissed.
2. When the plaintiff himself files a motion to dismiss his complaint after the
defendant has pleaded his answer with a counterclaim. If the court grants
the motion, the dismissal shall be limited to the complaint. It shall be without
prejudice to the right of the defendant to prosecute his counterclaim in a
separate action unless within 15 days from notice of the motion, manifests
his preference to have his counterclaim resolved in the same action (Sec. 2,
Rule 17).
3. When the complaint is dismissed through the fault of the plaintiff and at a
time when a counterclaim has already been set up, the dismissal is without
prejudice tothe right of the defendant to prosecute his counterclaim in the
same or separate action
 Q: What are the requirements for a cross-claim?
 A:
1. A claim by one party against a co-party;
2. It must arise out of the subject matter of the complaint or of the
counterclaim; and
3. The cross-claimant is prejudiced by the claim against him by the opposing
party. (Sec. 8, Rule 6
 Q: What is the effect if a cross-claim was not set up?
 A:
GR: Barred if not set up. (Sec.2, Rule 9)
XPN: If it is not asserted through oversight, inadvertence, or excusable
negligence, it may still be set up with leave of court by amendment of the
pleadings. (Sec.10, Rule 11)
 Q: What is a third (fourth, etc.) party complaint?
 A: 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. (Sec.11,
Rule 6)
 Q: Distinguish a third-party complaint from the rules on bringing in new
parties.
 A: A third-party complaint is proper when not one of the third-party
defendants therein is a party to the main action. Whereas in bringing in new
parties, if one or more of the defendants in a counterclaim or cross-claim is
already a party to the action, then the other necessary parties may be
brought in under the rules on bringing in new parties
 Q: Why is leave of court necessary in third (fourth, etc.) -party complaint?
 A: To obviate delay in the resolution of the complaint such as when the third-
party defendant cannot be located; or unnecessary issues may be
introduced; or the introduction of a new and separate controversy.
 Q: What are the tests to determine whether the third-party complaint is in
respect of plaintiff’s claim?
 A:
1. Whether it arises out of the same transaction on which the plaintiff’s claim
is based, or, although arising out of another or different transaction, is
connected with the plaintiff’s claim;
2. Whether the third-party defendant would be liable to the plaintiff or to the
defendant for all or part of the plaintiff’s claim against the original defendant;
and
3. Whether the third-party defendant may assert any defenses which the
third-party plaintiff has or may have to the plaintiff’s claim.
 Q: What is a complaint-in-intervention? A: An intervention pleading filed for
the purpose of asserting a claim against either or all of the original parties
 XPNs:
1. Where the answer alleges the defense of usury in which case a reply
under oath should be made. Otherwise, the allegation of usurious interest
shall be deemed admitted.
2. Where the defense in the answer is based on an actionable document, a
reply under oath pursuant to Sec. 8 of Rule 8 must be made. Otherwise, the
genuineness and due execution of the document shall be deemed admitted
 Q: What should the caption contain?
 A: The caption sets forth the name of the court, the title of the action, and
the docket number if assigned. (Sec. 1, Rule 7)
 Q: What should the title of the caption indicate?
 A: It should indicate the names of the parties. They shall all be named in the
original complaint or petition but in subsequent pleadings, it shall be
sufficient if the name of the first party on each side be stated with an
appropriate indication when there are other parties. (Sec. 1, Rule 7)
 Q: What is the rule regarding the signature and address?
 A: The complaint must be signed by the plaintiff or counsel representing him
indicating his address. This address should not be a post office box. An
unsigned pleading produces no legal effect. However, the court may, in its
discretion, allow such deficiency to be remedied if it shall appear that the
same was due to mere inadvertence and not intended for delay. Counsel who
deliberately files an unsigned pleading, or signs a pleading in violation of this
Rule, or alleges scandalous or indecent matter therein, or fails to promptly
report to the court a change of his address, shall be subject to appropriate
disciplinary action (Sec. 3, Rule 7)
 Q: How are pleadings verified?
 A: It is verified by an affidavit. This affidavit declares that the:
1. Affiant has read the pleading; and
2. Allegations therein are true and correct of his personal knowledge or
based on authentic records (Sec. 4, Rule 7)
 Q: Is verification necessary in pleadings?
 A: No, except when otherwise specifically required by law or rule, pleadings
need not be under oath, verified or accompanied by affidavit. (Sec. 4, Rule 7)
 Q: What is the significance of verification?
 A: it is intended to secure an assurance that the allegations in a pleading are
true and correct and not the product of the imagination or a matter of
speculation, and that the pleading is filed in good faith. The absence of a
proper verification is cause to treat the pleading as unsigned and dismissible
(Chua vs. Torres, 468 SCRA 358;
 Q: What are the pleadings that should be verified?
 A: The following should be verified:
1. Petition for relief from judgment
2. Petition for review from the RTCs to the CA
3. Petition for review from the CTA and quasi-judicial agencies to the CA
4. Appeal by certiorari from the CA to the SC
5. Petition for annulment of judgments or final orders and resolutions
6. Complaint for injunction
7. Application for appointment of receiver
8. Application for support pendente lite
9. Petition for certiorari against the judgments, final orders or resolutions of
constitutional commissions
10. Petition for certiorari, prohibition, mandamus, quo warranto 11.
Complaint for expropriation
12. Complaint for forcible entry or unlawful detainer
13. Petition for indirect contempt 14. Petition for appointment of general
guardian
15. Petition for leave to sell or encumber property of an estate by a guardian
16. Petition for the declaration of competency of a ward 17. Petition for
habeas corpus
18. Petition for change of name
19. Petition for voluntary judicial dissolution of a corporation;
20. Petition for correction or cancellation of entries in Civil Registry. (1996
Bar Question)
 Q: What are the effects of lack of verification?
A:
1. A pleading required to be verified but lacks the proper verification shall be
treated as an unsigned pleading (Sec. 4 as amended by A.M. 00-2-10, May 1,
2000). Hence, it produces no legal effect (Sec. 3, Rule 7)
2. It does not necessarily render the pleading defective. It is only a formal
and not a jurisdictional requirement. The requirement is a condition affecting
only the form of the pleading (Benguet Corp. v. Cordillera Caraballo Mission,
Inc., G.R. No. 155343, Sept. 2, 2005) and noncompliance therewith does not
necessarily render it fatally defective (Sarmiento v. Zaranta, G.R. No. 167471,
Feb. 5, 2007)
3. The absence of verification may be corrected by requiring an oath. The
rule is in keeping with the principle that rules of procedure are established to
secure substantial justice and that technical requirements may be dispensed
with in meritorious cases (Pampanga Sugar Development Co., Inc. v. NLRC,
G.R. No. 112650, May 29, 1997)
 Q: What is the nature of the certification against non-forum shopping?
 A: It is a mandatory requirement in filing a complaint and other initiatory
pleadings asserting a claim or relief (Sec. 5, Rule 7). This rules applies as
well to special civil actions since a since rules for ordinary civil action are
suppletory
 Q: Who executes certification against forumshopping?
 A: It is the plaintiff or principal party who executes the certification under
oath (Sec. 5, Rule 7). It must be signed by the party himself and cannot be
signed by his counsels. (Digital Microwave Corp. v. CA, G.R. No. 128550,
Mar. 16, 2000). It is the plaintiff who is in the best position to know whether
he or it actually filed or caused the filing of a petition. (Far Eastern Shipping
Co. v. CA, G.R. No. 130068, Oct. 1, 1998)
 Q: What are the undertakings of a party under the certification against forum
shopping?
 A:
 1. That the party has not commenced or filed any claim involving the same
issues in any court, tribunal, or quasi-judicial agency and, to the best of his
knowledge, no such other action or claim is pending
 2. That if there is such other pending action or claim, a complete statement
of the present status thereof3. That if he should therefore learn that the
same or similar action or claim has been filed or is pending, he shall report
that fact within five days therefrom to the court wherein his aforesaid
complaint or initiatory pleading has been filed (Sec. 5, Rule 7)
 Q: What is the effect of non-compliance with the rule on certification against
forum shopping?
 A: It is not curable by mere amendment and shall be a cause for the
dismissal of action (Sec.5, Rule 7).
 Note: When the case is dismissed due to noncompliance with the
certification, filing fees cannot be recovered.
 Q: What is the effect of non-compliance with the undertakings?
 A: It has the same effect as the submission of false certification. Hence, such
failure shall constitute indirect contempt of court without prejudice to the
corresponding administrative and criminal sanctions. (Sec. 5 Rule 7).
 Q: What is the effect of submission of a false certification?
 A: It shall constitute indirect contempt of court, without prejudice to the
corresponding administrative and criminal actions (Sec. 5, Rule 7)
 Q: What is the effect of willful and deliberate forum shopping of the party or
his counsel?
 A: It shall be a ground for summary dismissal. This dismissal is with prejudice
and shall constitute direct contempt as well as cause for administrative
sanctions (Sec. 5, Rule 7). Q: Is belated filing allowed by the courts?
 A: GR: No. The lack of certification against forum shopping is generally not
curable by the submission thereof after the filing of the petition. XPN: In
certain exceptional circumstances, however, the Court has allowed the
belated filing of the certification. In Loyola v. Court of Appeals, et al. (245
SCRA 477 [1995]), the Court considered the filing of the certification one day
after the filing of an election protest as substantial compliance with the
requirement.
 Q: Is substantial compliance allowed by the courts?
 A:
GR: No. The rule is that the certificate of nonforum shopping must be signed
by all the petitioners or plaintiffs in a case and the signing by only one of
them is insufficient.
XPN: However, the Court has also stressed that the rules on forum shopping,
which were designed to promote and facilitate the orderly administration of
justice, should not be interpreted with such absolute literalness as to subvert
its own ultimate and legitimate objective. The rule of substantial compliance
may be availed of with respect to the contents of the certification. This is
because the requirement of strict compliance with the provisions regarding
the certification of nonforum shopping merely underscores its mandatory
nature in that the certification cannot be altogether dispensed with or its
requirements completely disregarded. It does not thereby interdict
 substantial compliance with its provisions under justifiable circumstances.
(Cavile v. Heirs of Clarita Cavile, 448 Phil 302, 2003)
 Q: When should the rule on forum shopping be invoked?
 A:
GR: It should be raised at the earliest opportunity in a motion to dismiss or a
similar pleading. Note: Invoking it in the later stages of the proceedings or on
appeal may result in the dismissal of the action which invokes forum
shopping.
XPNs: It may be invoked in the later stages only if the violation arises from or
will result in:
1. The loss of jurisdiction over the subject matter
2. The pendency of another action between the same parties for the same
cause
3. Barring of the action by a prior judgment
4. The Statute of Limitations has been crossed
 Q: What is the rule when the plaintiff is a juridical person?
 A: The certification against forum shopping where the plaintiff is a juridical
entity like a corporation, may be executed by properly authorized person.
This person may be a lawyer of a corporation. As long as he is duly
authorized by the corporation and has personal knowledge of the facts
required to be disclosed in the certification, such may be signed by the
authorized lawyer
 Q: What is the effect of lawyer’s signature?
 A: The signature of counsel constitutes:
1. A certificate by him that he has read the pleadings;
2. That to the best of his knowledge, information and belief there is good
ground to support it; and
3. That it is not interposed for delay. (Sec. 3, Rule 7)
 Q: What is the rule in making averments of fraud or mistake?
 A: The circumstances constituting such fraud or mistake must be stated with
particularity (Sec. 5, Rule 8). The complaint must state with particularity the
fraudulent acts of the adverse party. These particulars would necessarily
include the time, place, and specific acts of fraud committed against him
 Q: What is the rule in making averments of malice, intent, knowledge or
other conditions of the mind of a person?
 A: The circumstances constituting such may be averred generally (Sec.5,
Rule 8).
 Q: What is the rule in pleading an official document or act?
 A: It is sufficient to aver that the document was issued in compliance with
law. With respect to an act, it is likewise sufficient to allege that the act was
done also in compliance with law
 Q: What is an actionable document?
 A: Referred to as the document relied upon by either the plaintiff and the
defendant. (Araneta, Inc. vs. Lyric Factor Exchange, Inc. 58 Phil 736) E.g. A
promissory note in an action for collection of a sum of money.
 Note: This manner of pleading a document applies only to an actionable
document, i.e., one which is the basis of an action or a defense. Hence, if a
document does not have the character of an actionable document, it need
not be pleaded strictly in the manner prescribed by the rules (Ibid p.102)
 Q: How are actionable documents pleaded?
 A: By setting forth:
 1. The substance of such document in the pleading and attaching said
document thereto as an exhibit
 2. Said document verbatim in the pleading (Sec. 7, Rule 8).
 Note: A variance in the substance of the document set forth in the pleading
and the document annexed thereto does not warrant the dismissal of the
action (Convets, Inc. v. National Development Co., G.R. No. L10232, Feb. 28,
1958). However, the contents of the document annexed are controlling.
 Q: How are actionable documents pleaded?
 A: By setting forth:
1. The substance of such document in the pleading and attaching said
document thereto as an exhibit
2. Said document verbatim in the pleading (Sec. 7, Rule 8).
 Note: A variance in the substance of the document set forth in the pleading
and the document annexed thereto does not warrant the dismissal of the
action (Convets, Inc. v. National Development Co., G.R. No. L10232, Feb. 28,
1958). However, the contents of the document annexed are controlling.
 Q: When is a specific denial must be coupled with an oath?
 A:
1. A denial of an actionable document (Sec. 8, Rule 8)
2. A denial of allegations of usury in a complaint to recover usurious interest
(Sec. 11, Rule 8)
RULE 9: EFFECT OF FAILURE TO PLEAD
 Q: May defenses not pleaded in a motion to dismiss or in the answer still be
raised?
 A:
GR: No, they are deemed waived.
 XPNs: These defenses may be raised at any stage of the proceedings even
for the first time on appeal (Tijam v. Sibonghanoy, G.R. No. L21450, Apr. 15,
1968): 1. Lack of jurisdiction over the subject matter;
Note: It may however, be barred by laches. 2. Litis pendentia; 3. Res
judicata; and 4. Statute of limitations (Sec. 1, Rule 9)
 Q: May a compulsory counterclaim or cross-claim not set up in the answer
still be raised subsequently?
 A:
GR: A compulsory counterclaim or cross-claim not set up in the answer is
deemed barred (Sec. 2, Rule 9).
XPN: If the compulsory counterclaim or crossclaim is an after-acquired
counterclaim, that is, such claim matured after filing of the answer, it may be
pleaded by filing an amended answer or a supplemental answer or pleading
(Sec. 9, Rule 11)
 Q: When is a declaration of default proper?
 A: If the defending party fails to answer within the time allowed therefor, the
court shall upon motion of the claiming party with notice to the defending
party, and proof of such failure, declare the defending party in default (Sec.
3, Rule 9, Rules of Court).
 Q: In what situations where declaration of default is proper?
 A: It is proper in 3 situations:
1. Defendant did not file any answer or responsive pleading despite valid
service of summons;
2. Defendant filed an answer or responsive pleading but beyond the
reglementary period; and
3. Defendant filed an answer to the court but failed to serve the plaintiff a
copy as required by the Rules.
EFFECT OF AN ORDER OF DEFAULT
 Q: What are the effects of an order of default?
 A:
1. The party declared in default loses his standing in court. The loss of such
standing prevents him from taking part in the trial [Sec. 3(a), Rule 9];
2. While the defendant can no longer take part in the trial, he is nevertheless
entitled to notices of subsequent proceedings [Sec. 3 (a), Rule 9]. It is
submitted that he may participate in the trial, not as a party but as a
witness; and
3. A declaration of default is not an admission of the truth or the validity of
the plaintiff’s claims (Monarch Insurance v. CA, G.R. No. 92735, June 8,
2000).
RELIEF FROM AN ORDER OF DEFAULT
Q: What are the reliefs from an order of default?
A:
1. After notice of order and before judgment – The defendant must file a
verified motion to set aside the order of default upon proper showing that:
a. His failure to answer was due to fraud, accident, mistake or excusable
negligence; and
b. That he has a meritorious defense. [Sec. 3(b), Rule 9] (2000 & 1999 Bar
Question)
2. After judgment and before judgment becomes final and executory – He
may file a motion for new trial under Rule 37. He may also appeal from the
judgment as being contrary to the evidence or the law (Talsan Enterprises,
Inc. v. Baliwag Transit, Inc., G.R. No. 169919, Sept. 11, 2009)
3. After the judgment becomes final and executory – he may file a petition
for relief from judgment under Rule 38 (Balangcad v. Justices of the CA, G.R.
No. 83888, Feb. 12, 1992) (2006, 1998 Bar Question)
4. Where the defendant has however, been wrongly or improvidently
declared in default, the court can be considered to have acted with grave
abuse of discretion amounting to lack or excess of jurisdiction and when the
lack of jurisdiction is patent in the face of the judgment or from the judicial
records, he may avail of the special civil action of certiorari under Rule 65
(Balangcad v. Justices of the CA, G.R. No. 83888, Feb. 12, 1992)
EFFECT OF A PARTIAL DEFAULT
 Q: What is the effect of partial default?
 A:
GR: The court will try the case against all defendants upon the answer of
some.
XPN: Where the defense is personal to the one who answered, in which case,
it will not benefit those who did not answer e.g. forgery. (1995 Bar Question)
EXTENT OF RELIEF
 Q: What is the extent of relief?
 A: The judgment shall not exceed the amount or be different in kind from
that prayed for nor award unliquidated damages [Sec. 3(d), Rule 9].
However, if the court orders submission of evidence, unliquidated damages
may be awarded based on such.
 Q: When is default not allowed?
  A:

1. Actions for annulment;

2. Declaration of nullity of marriage and legal separation [Sec. 3(e), Rule 9];
and
3. In special civil actions of certiorari, prohibition and mandamus where
comment instead of an answer is required to be fileD

RULE 13: Filing and Service of Pleadings, Judgments and Other Papers

 Q: What papers are required to be filed and served?

 A: Every judgment, resolution, order, pleading subsequent to the complaint,
written motion, notice, appearance, demand, offer of judgment or similar
papers shall be filed with the court, and served upon the parties affected.
(Sec.4, Rule 13)
 Q: What is filing?
 A: It is the act of presenting the pleading or other paper to the clerk of court.
(Sec. 2, Rule 13)
 Q: What is service?
 A: It is the act of providing a party with a copy of the pleading or paper
concerned. If any party has appeared by counsel, service upon him shall be
made upon his counsel or one of them, unless service upon the party himself
is ordered by the court. (Sec. 2, Rule 13)
 Q: When should a responsive pleading be filed?
 A:

 Q: What are the modes of filing?

 A:
1. By presenting the original copies thereof, plainly indicated as such,
personally to the clerk of court; or
2. By sending them through registered mail (Sec. 3, Rule 13)
 Q: What are the modes of service?
 A:
 1. Personal service (Sec. 6, Rule 13);
2. Service by registered mail (Sec. 7, Rule 13); or
3. Substituted service (Sec. 8, Rule 13).
 Q: What are the priorities in modes of service and filing?
 A:
GR: Whenever practicable, the service and filing shall be done personally.
XPN: With respect to papers emanating from the court, a resort to other
modes must be accompanied by a written explanation why the service or
filing was not done personally (Sec. 11, Rule 13)
 Note: A violation of this rule may be cause to consider the paper as not filed
(Sec. 11, Rule 13).
 Q: What is a notice of lis pendens?
 A: In an action affecting the title or the right of possession of real property,
the plaintiff and the defendant, when affirmative relief is claimed in his
answer, may record in the office of the registry of deeds of the province in
which the property is situated a notice of the pendency of the action.
 Note: Only from the time of filing such notice for record shall a purchaser, or
encumbrancer of the property affected thereby, be deemed to have
constructive notice of the pendency of the action, and only of its pendency
against the parties designated by their real names. (Sec.14, Rule 13)
RULE 10: Amended and Supplemental Pleadings
 Q: How are pleadings amended?
 A: By:
1. Adding or striking out an allegation or the name of any party; or
2. Correcting a mistake in the name of a party or a mistaken or inadequate
allegation or description in any other respect (Sec. 1, Rule 10)
 Q: When is amendment considered as a matter of right?
 A: It is considered as a matter of right at any time before a responsive
pleading is served or, in the case of a reply, at any time within ten (10) days
after it is served (Sec. 2, Rule 10).
 Note: A motion to dismiss is not a responsive pleading and its filing does not
preclude the exercise of the plaintiff’s right to amend his complaint.
 Q: When is leave of court required?
 A:
1. If the amendment is substantial (Sec. 3, Rule 10); and
2. A responsive pleading had already been served
 Note: Plaintiff may amend his complaint even if the same was dismissed on
motion of the defendant provided that the dismissal order is not yet final.
 Q: What is the rule on formal amendments?
 A: A defect in the designation of the parties and other clearly clerical or
typographical errors may be summarily corrected by the court at any stage of
the action, at its initiative or on motion, provided no prejudice is caused
thereby to the adverse party (Sec. 4, Rule 10)
 Q: When may amendment be made to conform to or authorize presentation
of evidence?
 A:
1. When issues not raised by the pleadings are tried with the express or
implied consent of the parties.
o Note: Failure to amend does not affect the result of the trial of said
issue.
2. Amendment may also be made to authorize presentation of evidence if
evidence is objected to at the trial on the ground that it is not within the
issues made by the pleadings, if the presentation of the merits of the action
and the ends of substantial justice will be subserved thereby (Sec. 5, Rule
10).
 Q: What is the effect of an amended pleading?
 A: An amended pleading supersedes the pleading it amends. However,
admissions in the superseded pleading can still be received in evidence
against the pleader. Claims or defenses alleged therein but not incorporated
or reiterated in the amended pleading are deemed waived (Sec. 8, Rule 10).
RULE 14: Summons
 Q: What is the nature of summons?
 A: It is the writ by which the defendant is notified of the action brought
against him (Gomez vs. Court of Appeals, G.R. No. 127692, March 10, 2004).
An important part of that notice is a direction to the defendant that he must
answer the complaint within a specified period, and that unless he so
answers, plaintiff will take judgment by default and may be granted the relief
applied for (Sec. 2, Rule 14).
 Q: What are the purposes of summons?
 A:
1. Actions in personam
a. To acquire jurisdiction over the person of the defendant; and
b. To give notice to the defendant that an action has been
commenced against him (Umandap v. Sabio, Jr., G.R. No. 140244,
Aug. 29, 2000)
 2. Actions in rem and quasi in rem – not to acquire jurisdiction over the Note: In any of the above instances, extraterritorial service is permissible
defendant but mainly to satisfy the constitutional requirement of due process with leave of court and may be effected by personal service, summons by
(Gomez v. CA, G.R. No. 127692, Mar. 10, 2004). publication or by any other manner the court may deem sufficient.
 Q: What is the effect of voluntary appearance before the court? Explain.  Q: How is proof of service done?
 A:  A: It shall be made in writing by the server and shall set forth the manner,
GR: The defendant’s voluntary appearance shall be equivalent to service of place, and date of service; shall specify any papers which have been served
summons and the consequent submission of one’s person to the jurisdiction with the same; and shall be sworn to when made by a person other than a
of the court (Sec. 20, Rule 14). sheriff or his deputy (Sec 18, Rule 14).
Note: Voluntary appearance cures the defect in the service of summons.  Q: How is proof of service by publication done?
XPN: Special appearance in court to challenge its jurisdiction over the person  A: It is done through the following:
of the defendant and the inclusion in a motion to dismiss of other grounds 1. Affidavit of the printer, his foreman or principal clerk, business or
shall not be deemed a voluntary appearance (Sec. 20, Rule 15; La Naval advertising manager, to which affidavit a copy of the publication shall be
Drug Corp. v. CA, G.R. No. 103200, Aug. 31, 1994). attached; and
 Q: When is personal service of summons proper? 2. Affidavit showing the deposit of a copy of the summons and order for
 A: Only if the suit is one strictly in personam. The service of summons must publication in the post office (Sec. 19, Rule 14).
be made by service in person on the defendant. This is effected by handing a
copy of the summons to the defendant in person, or if he refuses to receive RULE 15: Motions
it, by tendering the copy of the summons to him (Sec. 6, Rule 14).
 Q: When is substituted service of summons proper?  Q: What is a motion?
 A: In our jurisdiction, for substituted service of summons to be valid, it is  A: It is an application for relief other than by a pleading. (Sec. 1, Rule 15)
necessary to establish the following:  Q: Should a motion be in writing?
1. The impossibility of service of summons in person within a reasonable  A:
time; GR: Yes.
2. The efforts exerted to locate the person to be served; and XPN: Those made in open court or in the course of hearing or trial (Sec. 2,
3. Service upon a person of sufficient age and discretion in the same place as Rule 15).
the defendant or some competent person in charge of his office or regular  Q: What are the contents of a motion?
place of business (Sabio, Jr., 339 SCRA 243 [2000]; Hamilton vs. Levy, G.R.  A: The contents of a motion are:
No. 139283, November 15, 2000). 1. the relief sought to be obtained;
 Q: When is extra-territorial service of summons allowed? 2. the ground upon which it is based; and
 A: The defendant must be a non-resident defendant who is at the same time 3. if required by the Rules or necessary to prove facts alleged therein, shall
not found in the Philippines at the time summons is to be served. In addition, be accompanied by supporting affidavits and other papers. (Sec. 3, Rule 15)
the action commenced against him must be any of the following:  Q: May a motion pray for judgment?
1. An action that affects the personal status of the plaintiff;  A:
2. An action that relates to, or the subject of which is the property within the GR: No.
Philippines in which the defendant has or claims a lien or interest, actual or XPN: Motion for:
contingent; 1. judgment on the pleadings;
3. An action in which the relief demanded consists, wholly or in part, in 2. summary judgment; or
excluding the defendant from any interest therein; 3. Judgment on demurrer to evidence
4. An action where the property of the defendant has been attached in the  Q: What shall the notice of hearing specify?
Philippines.
  A: It shall specify the time and date of the hearing which shall not be later
than ten (10) days after the filing of the motion and it shall be addressed to
the parties concerned (Sec. 5, Rule 15).
 Note: Failure to comply with the mandatory requirements of the rule
regarding notice of hearing is pro forma and presents no question which
merits the attention of the court (Bacelonia v. CA, G.R. No. 143440, Feb. 11,
2003).
 Q: What is the rule on hearing of motions?
 A:
GR: Every written motion shall be set for hearing by the applicant.
XPN: Motions which the court may act upon without prejudicing the rights of
the adverse party (Sec. 4, Rule 15).
 Q: What is the Omnibus Motion Rule?
 A:
GR: All available grounds for objection in attacking a pleading, order,
judgment, or proceeding should be invoked at one time; otherwise, they shall
be deemed waived (Sec. 8, Rule 15).
XPN: The court may dismiss the case motu proprio based on:
1. Lack of jurisdiction over the subject matter;
2. Litis pendentia;
3. Res judicata; and
4. Barred by statute of limitations (Sec. 1, Rule 9)
RULE 12: Bill of Particulars
 Q: What is a bill of particulars and when can it be availed of?
 A: Before responding to a pleading, a party may move for a definite
statement or for a bill of particulars of any matter which is not averred with
sufficient definiteness or particularity to enable him properly to prepare his
responsive pleading. If the pleading is a reply, the motion must be filed
within 10 days from service thereof (Sec. 1, Rule12). (2003 Bar Question)
 Note: Its purpose is to aid in the preparation of a responsive pleading. An
action cannot be dismissed on the ground that the complaint is vague or
definite. (Galeon v. Galeon, G.R. No. L-30380, Feb. 28, 1973).
 Q: What are the actions taken by the court regarding the motion for bill of
particulars?
 A: The court may either:
1. Deny it;
2. Grant it outright; or
3. Allow the parties the opportunity to be heard (Sec. 2, Rule 12).
 Q: When must be the compliance be effected?
 A: If the motion is granted, either in whole or in part, it must be effected
within ten (10) days from notice of the order, unless a different period is
fixed by the court (Sec. 3, Rule 12).
 Note: Bill of particulars may be filed either on a separate or in an amended
pleading, serving a copy thereof on the adverse party.
 Q: What is the effect of non-compliance with the order of a bill of particulars?
 A:
1. If the order is not obeyed or in case of insufficient compliance therewith,
the court:
a. May order the striking out of the pleading or the portion thereof to which
the order is directed; or
b. Make such order as it may deem just (Sec. 4, Rule 12)
2. If plaintiff, his compliant will be stricken off and dismissed (Sec. 3, Rule
17)
3. If defendant, his answer will be stricken off and his counterclaim
dismissed, and he will be declared in default upon motion of the plaintiff
(Sec. 4, Rule 17; Sec. 3, Rule 9).
Note: If the plaintiff failed to comply with the period, the court upon motion
of the defendant may strike out the paragraph where ambiguity lies. If the
entire complaint is ambiguous, such is striken out and there is no more case
 Q: What is the effect of a motion for bill of particulars on the period to file a
responsive pleading?
 A: After service of the bill of particulars or of a more definite pleading, or
after notice of denial of his motion, the moving party may file his responsive
pleading within the period to which he was entitled at the time of filing his
motion, which shall not be less than five (5) days in any event (Sec. 5,
Rule12).
RULE 16: Motion to Dismiss
 *Memorize the grounds
 Q: What are the three courses of action which the trial court may take in
resolving a motion to dismiss?
 A:
1. Dismiss the action or claims;
2. Deny the motion; or
3. Order the amendment of the pleading (Sec. 3, Rule 16).
 Note: The court shall not defer the resolution of the motion for the reason 1. If a counterclaim has already been pleaded by the defendant prior to the
that the ground relied upon is not indubitable. In every case, the resolution service upon him of the plaintiff’s motion to dismiss, and the court grants the
shall state clearly and distinctly the reasons therefor (Sec. 3, Rule16) said motion to dismiss, the dismissal shall be limited to the complaint.
 Q: What are the remedies of the plaintiff when the complaint is dismissed? 2. The defendant if he so desires may prosecute his counterclaim either in a
 A: If the dismissal is without prejudice, the plaintiff may re-file the complaint. separate action or in the same action. Should he choose to have his
If the dismissal is with prejudice, the plaintiff may file an appeal. counterclaim resolved in the same action, he must notify the court of his
 Q: What are the remedies of the defendant when the motion is denied? preference within fifteen (15) days from notice of the plaintiff’s motion to
 A: File an answer and proceed with the trial. If decision is adverse, appeal dismiss.
therefrom and raise as error the denial of the motion to dismiss. If there is 3. The dismissal of the complaint does not carry with it the dismissal of the
grave abuse of discretion amounting to lack or excess of jurisdiction, counterclaim. (Riano, Civil Procedure: A Restatement for the Bar)
certiorari or prohibition may lie under Rule 65. If there is unlawful neglect of  Q: What rule governs the dismissal of counterclaim, cross-claim, or third-
the performance of an act which the law specifically enjoins, mandamus is party complaint?
the proper remedy.  A: The rule on the dismissal of a complaint applies to the dismissal of any
 Q: When can the grounds for motion to dismiss be pleaded as affirmative counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the
defense? claimant alone by notice pursuant to Sec. 1, Rule 17 shall be made before a
 A: If no motion to dismiss has been filed, any of the grounds for dismissal responsive pleading or a motion for summary judgment is served or, if there
provided for in the Rules may be pleaded as an affirmative defense in the is none, before the introduction of evidence at the trial or hearing (Sec. 4,
answer and, in the discretion of the court, a preliminary hearing may be had Rule 17).
thereon as if a motion to dismiss had been filed. The dismissal of the
complaint shall be without prejudice to the prosecution in the same or
separate action of a counterclaim pleaded in the answer. (Sec. 6, Rule 16)
 Q: What are the grounds for dismissal that may bar the refiling of the same
action or claim?
 A:
1. Res judicata;
2. Prescription;
3. Extinguishment of the claim or demand; and
4. Unenforceability under the State of Frauds. (Sec. 5, Rule 16)
 Q: When does the two-dismissal rule apply?
 A: It applies when the plaintiff has:
1. Twice dismissed the actions;
2. Based on or including the same claim; and
3. In a court of competent jurisdiction
Note: The second notice of dismissal will bar the refiling of the action
because it will operate as an adjudication of the claim upon the merits. In
other words, the claim may only be filed twice, the first being the claim
embodied in the original complaint.
 Q: What is the effect of dismissal upon a counterclaim, which was already
pleaded?
 A: