WEEK 7
established.”
a. Read Rule 8.
b. What is an initiatory pleading?
Pleadings defined. — Pleadings are the written
statements of the respective claims and defenses
of the parties submitted to the court for
appropriate judgment. (Section 1, Rule 6)
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 or
her.
An answer may be responded to by a reply only if
the defending party attaches an actionable
document to the answer. (Section 2, Rule 6)
- The initiatory pleading is the plaintiff's
complaint.
c. How must allegations in an
initiatory pleading or answers to an
initiatory pleading be made?
In general. — Every pleading shall contain in a
methodical and logical form, a plain, concise and
direct statement of the ultimate facts on which the
party pleading relies for his claim or defense, as
the case may be, omitting the statement of mere
evidentiary facts.
If a defense relied on is based on law, the
pertinent provisions thereof and their
applicability to him shall be clearly and concisely
stated. (Section 1, Rule 8)
d. What is an actionable document?
- An “actionable document” is a written
instrument or document on which an
action or defense is founded. It may be
pleaded in either of two ways:
(1) by setting forth the substance of
such document in the pleading and
attaching the document thereto as
an annex, or
(2) by setting forth said document
verbatim in the pleading.
e. What is an ultimate fact?
- Ultimate facts is defined as “those facts
which the expected evidence will support.
The term does not refer to the details of
probative matter or particulars of evidence
by which these material elements are to be
- It refers to the facts that the evidence will
prove at the trial.
- Ultimate facts has also been defined as the
principal, determinative, and constitutive
facts on whose existence the cause of
action rests; they are also the essential and
determining facts on which the court's
conclusion rests and without which the
judgment would lack support in essential
particulars.
- Ultimate facts are the essential and
substantial facts which either form the
basis of the primary right and duty or
which directly make up the wrongful acts
or omissions of the defendant.
f. What is a conclusion of law?
- Conclusion of law refers to a decision
made by a judge regarding a question of
law.
- A conclusion of law determines what laws
and how the laws apply to a particular
case. These decisions often determine the
outcome of a case, and they are usually the
basis for review on appeal.
g. Discuss alternative causes of action
or defenses.
Alternative causes of action or defenses. — A
party may set forth two or more statements of a
claim or defense alternatively or hypothetically,
either in one cause of action or defense or in
separate causes of action or defenses. When two
or more statements are made in the alternative
and one of them if made independently would be
sufficient, the pleading is not made insufficient by
the insufficiency of one or more of the alternative
statements. (Section 2, Rule 8)
- Inconsistent defenses: A defendant may
plead as many defenses and counterclaims
as he may have. He has a right to set up
negative in one cause of action and
affirmative defenses in another in the
same action, and the affirmative in a
separate defense in another portion of his
answer. These different defenses may be
inconsistent with each other, but it is
sufficient that each is consistent with
itself.
 h. Discuss allegation of conditions
precedent.
Conditions precedent. — In any pleading a
general averment of the performance or
occurrence of all conditions precedent shall be
sufficient. (Section 3, Rule 8)
- There should be an averment in the
complaint that earnest efforts toward a
compromise have been made pursuant to
Article 222 of the Civil Code of the
Philippines for it is wellsettled that the
attempt to compromise as well as the
inability to succeed is a condition
precedent to the filing of a suit between
members of the same family. Failure to do
so makes the complaint defective and the
vice may be assailable at any stage of the
proceedings, even on appeal, for lack of
cause of action.
i. How must allegations of fraud,
mistake, condition of the mind be
made? Explain.
Fraud, mistake, condition of the mind. — In all
averments of fraud or mistake the circumstances
constituting fraud or mistake must be stated with
particularity. Malice, intent, knowledge, or other
condition of the mind of a person may be averred
generally. (Section 5, Rule 8)
- Deceit, machination, false pretenses,
misinterpretation, and threats are largely
conclusions of law and mere allegations
thereof without a statement of the facts to
which such terms have reference are not
sufficient. It is proper for the trial court to
grant a defendant’s motion for bill of
particulars, and when plaintiff fails to
comply with the order, the trial court may
correctly dismiss the complaint.
j. How must an allegation of a
judgment be made?
Judgment. — In pleading a judgment or decision
of a domestic or foreign court, judicial or
quasi-judicial tribunal, or of a board or officer, it
is sufficient to aver the judgment or decision
without setting forth matter showing jurisdiction
to render it. An authenticated copy of the
judgment or decision shall be attached to the
pleading. (Section 6, Rule 8)
- Under this provision, the jurisdiction of
the court a quo is presumed. But the
amended Section 6 requires that an
authenticated copy of the judgment or
decision be attached to the pleading.
- On May 14, 2019, the Apostille Convention
on Authentication of Documents took
effect in the Philippines. Under this
convention, in countries and territories
which are Apostille-contracting parties,
there is no need for authentication of the
relevant judgment or decision, as it is
sufficient to have the same Apostillized in
the place where the document originates.
However, in countries and territories
which are non Apostillecontracting
parties, the previous process of
authentication must be complied with.
k. What must be done if an action or
defense is based on a document?
Action or defense based on document. —
Whenever an action or defense is based upon a
written instrument or document, the substance of
such instrument or document shall be set forth in
the pleading, and the original or a copy thereof
shall be attached to the pleading as an exhibit,
which shall be deemed to be a part of the
pleading. (Section 7, Rule 8)
- This provision is applicable when either
the cause of action or the defense is based
or founded upon a written document.
l. What is an actionable document?
Give examples.
- An actionable document is a written
instrument or document on which an
action or defense is founded
- Examples:
(1) A promissory note in an action to
collect the amount thereof.
(2) A deed of real estate mortgage in
an action to foreclose the
mortgage.
(3) A written contract in an action to
enforce or rescind the same.
m. What is the effect of failure to deny
an actionable document?
- Failure to comply with the prescribed
procedure results in the admission of the
genuineness and due execution of the
actionable document.
n. Distinguish genuineness from due
execution.
 - Genuineness means nothing more than
that the instrument is not spurious,
counterfeit, or of different import on its
face from the one executed; that the party
whose signature it bears really signed it
and that at the same time it was signed, it
was in words and figures exactly as set out
in the pleading of the party relying upon it.
- Due execution means that if signed by an
agent, it was with the authority of the
principal and where the name of a
corporation is signed to the document
which is the basis of an action, that the
officer executing the contract had
authority to bind the corporation and that
the corporation had the capacity to enter
into the contract.
o. How is an action or defense based
on a document contested?
How to contest such documents. — When an
action or defense is founded upon a written
instrument, copied in or attached to the
corresponding pleading as provided in the
preceding section, the genuineness and due
execution of the instrument shall be deemed
admitted unless the adverse party, under oath
specifically denies them, and sets forth what he
claims to be the facts, but the requirement of an
oath does not apply when the adverse party does
not appear to be a party to the instrument or
when compliance with an order for an inspection
of the original instrument is refused. (Section 8,
Rule 8)
p. How is an official document or act
alleged in a pleading?
Official document or act. — In pleading an official
document or official act, it is sufficient to aver
that the document was issued or the act done in
compliance with law. (Section 9, Rule 8)
q. What is a specific denial?
Specific denial. — A defendant must specify each
material allegation of fact the truth of which he
does not admit and, whenever practicable, shall
set forth the substance of the matters upon which
he relies to support his denial. Where a defendant
desires to deny only a part of an averment, he
shall specify so much of it as is true and material
and shall deny only the remainder. Where a
defendant is without knowledge or information
sufficient to form a belief as to the truth of a
material averment made to the complaint, he
shall so state, and this shall have the effect of a
denial. (Section 10, Rule 8)
- The purpose of requiring the defendant to
make a specific denial is to make him
disclose the matters alleged in the
complaint which he succinctly intends to
disprove at the trial, together with the
matter which he relies upon to support the
denial. The parties are compelled to lay
their cards on the table.
r. What are the three modes of specific
denial?
(1) By specifying each material allegation of
fact in the complaint, the truth of which
the defendant does not admit, and
whenever practicable, setting forth the
substance of the matters which he will rely
upon to support his denial;
(2) By specifying the averments in the
complaint that are true and material and
denying the remainder; or
(3) By stating that the defendant is without
knowledge or information sufficient to
form a belief as to the truth of a material
averment in the complaint
s. Discuss negative defense and
affirmative defense.
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 or her. 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. (Section 5, Rule 6)
- Negative defense requires the
prosecution to prove the guilt of the
accused beyond reasonable doubt;
accused claims that one of the
elements of the offense charged is not
 present. It is incumbent upon the
prosecution to prove the existence of
this element.
- Affirmative defense: the accused admits
the act or omission but interposes a
defense, which if proven, would
exculpate him
t. What is a negative pregnant?
- A negative pregnant is a denial pregnant
with the admission of the substantial facts
in the pleading responded to which are not
squarely denied.
- It is, in effect, an admission of the
averments it was directed at.
- A negative pregnant is a form of negative
expression which carries with it an
affirmation or at least an implication of
some kind favorable to the adverse party.
- Where a fact is alleged with some
qualifying or modifying language, and the
denial is conjunctive, a “negative
pregnant” exists, and only the
qualification or modification is denied,
while the fact itself is admitted.
- A denial in the form of a negative pregnant
is an ambiguous pleading, since it cannot
be ascertained whether it is the fact or
only the qualification that is intended to
be denied
t.1. Discuss Guevarra v. Eala, A.C.
No. 7136, 01 August 2007.
u. What is the effect of failing to make
specific denials?
Allegations not specifically denied deemed
admitted. — Material averments in a pleading
asserting a claim or claims, other than those as to
the amount of unliquidated damages, shall be
deemed admitted when not specifically denied.
(Section 11, Rule 8)
- A party who fails to specifically deny the
material averment in the complaint, other
than those as to the amount of
unliquidated damages, is deemed to have
admitted the same.
v. What are the affirmative defenses
allowed under Section 12 of Rule 8?
Affirmative defenses. — (a) A defendant shall
raise his affirmative defenses in his answer, which
shall be limited to the reasons set forth under
Section 5(b), Rule 6, and the following grounds:
1. That the court has no jurisdiction over the
person of the defending party;
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity to
sue;
4. That the pleading asserting the claim
states no cause of action; and
5. That a condition precedent for filing the
claim has not been complied with.
(b) Failure to raise the affirmative defenses at the
earliest opportunity shall constitute a waiver
thereof.
(c) The court shall motu proprio resolve the above
affirmative defenses within thirty (30) calendar
days from the filing of the answer.
(d) As to the other affirmative defenses under the
first paragraph of Section 5(b), Rule 6, the court
may conduct a summary hearing within fifteen
(15) calendar days from the filing of the answer.
Such affirmative defenses shall be resolved by the
court within thirty (30) calendar days from the
termination of the summary hearing.
(e) Affirmative defenses, if denied, shall not be the
subject of a motion for reconsideration or petition
for certiorari, prohibition or mandamus, but may
be among the matters to be raised on appeal after
a judgment on the merits. (Section 12, Rule 8)
w. What is the effect of failure to raise
those affirmative defenses?
- Failure to raise the affirmative defenses at
the earliest opportunity shall constitute a
waiver thereof. (Section 12(b), Rule 8)
x. What is the duty of the court if there
are affirmative defenses raised?
- The court shall motu proprio resolve the
above affirmative defenses within thirty
(30) calendar days from the filing of the
answer. (Section 12(c), Rule 8)
y. When is a summary hearing allowed
prior to resolution of affirmative
defenses pleaded?
- As to the other affirmative defenses under
the first paragraph of Section 5(b), Rule 6,
the court may conduct a summary hearing
within fifteen (15) calendar days from the
filing of the answer. Such affirmative
defenses shall be resolved by the court
within thirty (30) calendar days from the
 termination of the summary hearing.
(Section 12(d), Rule 8)
- Section 5(b), Rule 6:
(1) Fraud,
(2) Statute of limitations,
(3) Release,
(4) Payment,
(5) Illegality,
(6) Statute of frauds,
(7) Estoppel,
(8) Former recovery,
(9) Discharge in bankruptcy, and
(10) Any other matter by way of
confession and avoidance.
z. What is the remedy of a party when
his pleaded affirmative defenses are
denied by the trial court?
- Affirmative defenses, if denied, shall not
be the subject of a motion for
reconsideration or petition for certiorari,
prohibition or mandamus, but may be
among the matters to be raised on appeal
after a judgment on the merits. (Section
12(e), Rule 8)
aa. What is a sham pleading?
Striking out of pleading or matter contained
therein. — Upon motion made by a party before
responding to a pleading or, if no responsive
pleading is permitted by these Rules, upon
motion made by a party within twenty (20)
calendar days after the service of the pleading
upon him or her, or upon the court's own
initiative at any time, the court may order any
pleading to be stricken out or that any sham or
false, redundant, immaterial, impertinent, or
scandalous matter be stricken out therefrom.
(Section 12, Rule 8)
bb. What are the remedies against sham
pleadings?
cc. Read Rule 9.
dd. What is the effect of failure to
plead defenses and objection?
Defenses and objections not pleaded. — Defenses
and objections not pleaded either in a motion to
dismiss or in the answer are deemed waived.
However, when it appears from the pleadings or
the evidence on record that the court has no
jurisdiction over the subject matter, that there is
another action pending between the same parties
for the same cause, or that the action is barred by
a prior judgment or by statute of limitations, the
court shall dismiss the claim. (Section 1, Rule 9)
- Without the rule, there will be no end to a
litigation, because the dissatisfied litigant
may simply raise “new” or additional
issues in order to prevent, defeat, or delay
the implementation of an already final and
executory judgment.
ee. What are the defenses or objections that
are not waived even if not pleaded? Why?
(1) Lack of jurisdiction over the subject
matter
(2) Pendency of another action between the
same parties for the same cause
(3) Bar to prior judgment
(4) Statute of limitations
- Other defenses must be invoked when an
answer or a motion to dismiss is filed in
order to prevent a waiver thereof.
-
ff. What happens to compulsory
counterclaims or cross-claims that
are not set-up?
Compulsory counterclaim, or cross-claim, not set
up barred. — A compulsory counterclaim, or a
cross-claim, not set up shall be barred. (Section 2,
Rule 9)
gg. What is default?
Default; declaration of. — 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. Thereupon, the court shall proceed to
render judgment granting the claimant such relief
as his pleading may warrant, unless the court in
its discretion requires the claimant to submit
evidence. Such reception of evidence may be
delegated to the clerk of court.
(a) Effect of order of default. — A party in
default shall be entitled to notice of
subsequent proceedings but not to take
part in the trial.
(b) Relief from order of default. — A party
declared in default may at any time after
notice thereof and before judgment file a
motion under oath to set aside the order of
 default upon proper showing that his
failure to answer was due to fraud,
accident, mistake or excusable negligence
and that he has a meritorious defense. In
such case, the order of default may be set
aside on such terms and conditions as the
judge may impose in the interest of justice.
(c) Effect of partial default. — When a
pleading asserting a claim states a
common cause of action against several
defending parties, some of whom answer
and the others fail to do so, the court shall
try the case against all upon the answers
thus filed and render judgment upon the
evidence presented.
(d) Extent of relief to be awarded. — A
judgment rendered against a party in
default shall not exceed the amount or be
different in kind from that prayed for nor
award unliquidated damages.
(e) Where no defaults allowed. — If the
defending party in an action for
annulment or declaration of nullity of
marriage or for legal separation fails to
answer, the court shall order the
prosecuting attorney to investigate
whether or not a collusion between the
parties exists, and if there is no collusion,
to intervene for the State in order to see to
it that the evidence submitted is not
fabricated. (Section 3, Rule 9)
hh. What are the requisites before a
party may be declared in default?
(1) The court validly acquired jurisdiction
over the person of the defending party
either by service of summons or voluntary
appearance;
(2) The defending party failed to file the
answer within the time allowed therefor;
(3) The claiming party filed a motion asking
the court to declare the defending party in
default;
(4) The defending party must be notified of
the motion to declare him in default;
(5) The claiming party must prove that the
defending party has failed to answer
within the period provided by the Rule;
(6) The motion to declare the defending party
in default must be heard pursuant to
Section 5, Rule 15 of the 2019
Amendments.
ii. When are defaults not allowed?
(1) In an action for annulment or declaration
of nullity of marriage
(2) In an action for legal separation
jj. Discuss (a) effect of order of default;
(b) relief from order of default; (c)
effect of partial deffault; (d) extent
of relief to be awarded; and (e)
where no defaults allowed.
(a) Effect of order of default. — A party in
default shall be entitled to notice of
subsequent proceedings but not to take
part in the trial.
(b) Relief from order of default. — A party
declared in default may at any time after
notice thereof and before judgment file a
motion under oath to set aside the order of
default upon proper showing that his
failure to answer was due to fraud,
accident, mistake or excusable negligence
and that he has a meritorious defense. In
such case, the order of default may be set
aside on such terms and conditions as the
judge may impose in the interest of justice.
(c) Effect of partial default. — When a
pleading asserting a claim states a
common cause of action against several
defending parties, some of whom answer
and the others fail to do so, the court shall
try the case against all upon the answers
thus filed and render judgment upon the
evidence presented.
(d) Extent of relief to be awarded. — A
judgment rendered against a party in
default shall not exceed the amount or be
different in kind from that prayed for nor
award unliquidated damages.
(e) Where no defaults allowed. — If the
defending party in an action for
annulment or declaration of nullity of
marriage or for legal separation fails to
answer, the court shall order the
prosecuting attorney to investigate
whether or not a collusion between the
parties exists, and if there is no collusion,
to intervene for the State in order to see to
it that the evidence submitted is not
fabricated. (Section 3, Rule 9)
kk.Read Rule 10.
ll. What is “amendment of a pleading”?
Amendments in general. — Pleadings may be
amended by adding or striking out an allegation
or the name of any party, or by correcting a
mistake in the name of a party or a mistaken or
inadequate allegation or description in any other
respect, so that the actual merits of the
controversy may speedily be determined, without
regard to technicalities, and in the most
expeditious and inexpensive manner. (Section 1,
Rule 10)
mm. When is amendment of a
pleading a matter of right?
Amendments as a matter of right. — A party may
amend his pleading once 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) calendar days after it is served. (Section 2,
Rule 10)
nn. May an amendment be made
during the pendency of a motion to
dismiss?
- A motion to dismiss is not a responsive
pleading.
- A plaintiff may amend his complaint as a
matter of right after the filing of a motion
to dismiss by the defendant, but before the
service of an answer.
- There is no need for the court to allow the
admission of an amended complaint that
is filed after the defendant files a motion
to dismiss but before the service of an
answer.
oo.When is leave of court necessary to
make an amendment?
Amendments by leave of court. — Except as
provided in the next preceding Section,
substantial amendments may be made only upon
leave of court. But such leave shall be refused if it
appears to the court that the motion was made
with intent to delay or confer jurisdiction on the
court, or the pleading stated no cause of action
from the beginning which could be amended.
Orders of the court upon the matters provided in
this Section shall be made upon motion filed in
court, and after notice to the adverse party, and
an opportunity to be heard. (Section 3, Rule 10)
pp. When will leave of court be
refused?
Amendments by leave of court. — Except as
provided in the next preceding Section,
substantial amendments may be made only upon
leave of court. But such leave shall be refused if it
appears to the court that the motion was made
with intent to delay or confer jurisdiction on the
court, or the pleading stated no cause of action
from the beginning which could be amended.
Orders of the court upon the matters provided in
this Section shall be made upon motion filed in
court, and after notice to the adverse party, and
an opportunity to be heard. (Section 3, Rule 10)
qq. What is a substantial amendment?
rr. What is a formal amendment?
Formal amendments. — 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.
(Section 4, Rule 10)
- Formal amendments include not only a
correction of a defect in the designation of
the parties, but also other clerical errors.
These may be corrected by the court motu
proprio or on motion.
ss. Is there a need to amend pleadings
to conform to evidence presented
during trial? Explain.
No amendment necessary to conform to or
authorize presentation of evidence. — When
issues not raised by the pleadings are tried with
the express or implied consent of the parties, they
shall be treated in all respects as if they had been
raised in the pleadings. No amendment of such
pleadings deemed amended is necessary to cause
them to conform to the evidence. (Section 5, Rule
10)
tt. What is a supplemental pleading?
Supplemental pleadings. — Upon motion of a
party, the court may, upon reasonable notice and
upon such terms as are just, permit him or her to
serve a supplemental pleading setting forth
transactions, occurrences or events which have
happened since the date of the pleading sought to
be supplemented. The adverse party may plead
thereto within ten (10) calendar days from notice
of the order admitting the supplemental pleading.
(Section 6, Rule 10)
- A supplemental pleading serves to bolster
or add something to the primary pleading.
Its usual office is to set up new facts which
justify, enlarge or change the kind of relief
with respect to the same subject matter as
the controversy referred to in the original
complaint.
- Purpose: to bring into the records new
facts which will enlarge change the kind of
relief to which the plaintiff is entitled.
uu. When is a supplemental pleading
allowed?
Supplemental pleadings. — Upon motion of a
party, the court may, upon reasonable notice and
upon such terms as are just, permit him or her to
serve a supplemental pleading setting forth
transactions, occurrences or events which have
happened since the date of the pleading sought to
be supplemented. The adverse party may plead
thereto within ten (10) calendar days from notice
of the order admitting the supplemental pleading.
(Section 6, Rule 10)
vv. Distinguish between an amendment
and a supplemental pleading.
- Amended pleadings are proper in order to
allege facts which occurred prior to the
filing of the original pleadings, but which
for some reason, such as oversight,
inadvertence, or subsequent discovery,
were not alleged therein.
- Supplemental pleadings are proper in
order to allege facts which occurred after
the filing of the original pleadings.
- Amended pleadings are designed to
include matters occurring before the filing
of the bill but either overlooked or not
known at the time, whereas supplemental
pleadings are designed to cover matters
subsequently occurring but pertaining to
the original cause.
ww. How is filing of an amended
pleading done?
Filing of amended pleadings. — When any
pleading is amended, a new copy of the entire
pleading, incorporating the amendments, which
shall be indicated by appropriate marks, shall be
filed. (Section 7, Rule 10)
xx. What is the effect of an amended
pleading: (1) on original pleading?;
(2) on what is reiterated in the
amended pleading?; (3) as to date of
filing of pleading?; and (4) as to
evidence already presented?
Effect of amended pleadings. — An amended
pleading supersedes the pleading that it amends.
However, admissions in superseded pleadings
may be offered in evidence against the pleader,
and claims or defenses alleged therein not
incorporated in the amended pleading shall be
deemed waived. (Section 8, Rule 10)
(1) on original pleading?;
(2) on what is reiterated in the amended
pleading?;
(3) As to the date of filing - in cases of formal
amendment, the date will “relate back” to
the original date of filing. The reason for
this concept is the statute of limitations.
(4) As to evidence already presented -
Admissions in superseded pleadings may
be offered in evidence against the pleader,
and claims or defenses alleged therein not
incorporated in the amended pleading
shall be deemed waived. This means that
the admissions in the superseded pleading
may be offered, but not necessarily
received in evidence
yy. What is the effect of failure to offer in
evidence against the pleader admissions in
superseded pleadings?
WEEK 8
a. Read Rule 11.
b. How many days does a defendant
have to answer the complaint?
Answer to the complaint. — The defendant shall
file his answer to the complaint within thirty (30)
calendar days after service of summons, unless a
different period is fixed by the court. (Section 1,
Rule 11)
- The date of the service of summons is
excluded in the computation of the 30
calendar days.
- The amended section makes it clear that
what are referred to are calendar days,
which means that Saturdays and Sundays
and legal holidays are included in counting
the 30 days.
c. How many days does a defendant
foreign private juridical have to
answer the complaint?
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
sixty (60) calendar days after receipt of summons
by such entity. (Section 2, Rule 11)
- If summons is served on its resident agent
designated in accordance with law for that
purpose, the time to answer shall be 30
calendar days after service of summons.
- If summons is served on the government
official designated by law to receive the
same, it is the duty of that government
official to send a copy of the summons to
the home office of said defendant, and the
time to answer shall be 60 calendar days
after receipt thereof by the home office.
- Service of summons to the designated
government official should be made only
in the absence of a designated resident
agent.
d. How many days does a defendant
have to answer an amended
complaint, which was filed as a
matter of right?
Answer to amended complaint. — When the
plaintiff files an amended complaint as a matter
of right, the defendant shall answer the same
within thirty (30) calendar days after being served
with a copy thereof. (Section 3, Paragraph 1, Rule
11)
e. How many days does a defendant
have to answer an amended
complaint, which was filed not as a
matter of right?
Where its filing is not a matter of right, the
defendant shall answer the amended complaint
within fifteen (15) calendar days from notice of
the order admitting the same. An answer earlier
filed may serve as the answer to the amended
complaint if no new answer is filed. (Section 3,
Paragraph 2, Rule 11)
f. What happens if a defendant, who
has previously answered the
original complaint, does not answer
an amended complaint?
An answer earlier filed may serve as the answer to
the amended complaint if no new answer is filed.
(Section 3, Paragraph 2, Rule 11)
g. What is the period to answer a
counterclaim or cross-claim?
Answer to counterclaim or cross-claim. — A
counterclaim or cross-claim must be answered
within twenty (20) calendar days from service.
(Section 4, Rule 11)
- A compulsory counterclaim that merely
reiterates special defenses which are
deemed controverted even without a reply,
or raises issues which are deemed
automatically joined by the allegations of
the complaint, need not be answered.
- However, a compulsory counterclaim
which raises issues not covered by the
complaint should be answered within 20
calendar days from service thereof;
otherwise, the plaintiff to the original
complaint is the defendant to the
counterclaim.
h. What is the period to answer a
third-party complaint?
Answer to third (fourth, etc.)-party complaint. —
The time to answer a third (fourth, etc.)—party
complaint shall be governed by the same rule as
the answer to the complaint. (Section 5, Rule 11)
- Provided in Section 13, Rule 6
- The time to file an answer to a third-party
complaint is 30 calendar days from service
 of the summons to which are attached
copies of the complaint and the
third-party complaint.
- A third-party defendant may make a
common cause with the third-party
plaintiff against the plaintiff’s claim.
(provide example)
i. What is the period for filing a Reply?
Reply. — A reply, if allowed under Section 10,
Rule 6 hereof, may be filed within fifteen (15)
calendar days from service of the pleading
responded to. (Section 6, Rule 11)
j. What is the period to answer a
supplemental complaint?
Answer to supplemental complaint. — A
supplemental complaint may be answered within
twenty (20) calendar days from notice of the
order admitting the same, unless a different
period is fixed by the court. The answer to the
complaint shall serve as the answer to the
supplemental complaint if no new or
supplemental answer is filed. (Section 7, Rule 11)
- As in the case of the filing of an amended
pleading with leave of court, the
supplemental complaint is attached to the
motion for leave to file the same.
- If the court grants the motion, the answer
to the supplemental complaint may be
filed within 20 calendar days from notice
of the order admitting the same.
- The answer to the original complaint shall
serve as answer to the supplemental
complaint in the sense that the defendant
may not be declared in default for not
filing an answer to the supplemental
complaint which are not specifically
denied are deemed admitted.
k. What happens if a supplemental
complaint is not answered?
The answer to the complaint shall serve as the
answer to the supplemental complaint if no new
or supplemental answer is filed. (Section 7, Rule
11)
l. What is the rule regarding pleading
an existing counterclaim or
cross-claim?
Existing counterclaim or cross-claim. — A
compulsory counterclaim or a cross-claim that a
defending party has at the time he files his answer
shall be contained therein. (Section 8, Rule 11)
- An existing compulsory counterclaim or
cross-claim should be included in the
answer. If it is not included, it should be
barred, unless with leave of court, it is set
up in an amended answer before
judgment.
- An existing permissive counterclaim may
also be included in the answer or, with
leave of court, in an amended answer
before judgment. However, even if it is not
set up, it can be the subject of a separate
action.
m. What happens if an existing
counterclaim or cross-claim is not
pleaded? Is there an exception?
Counterclaim or cross-claim arising after
answer. — A counterclaim or a cross-claim which
either matured or was acquired by a party after
serving his pleading may, with the permission of
the court, be presented as a counterclaim or a
cross-claim by supplemental pleading before
judgment. (Section 9, Rule 11)
- A counterclaim or a cross-claim which
either matured or was acquired by a party
after serving his pleading may, with leave
of court, be set up in a supplemental
answer before judgment. This is akin to a
supplemental complaint which contains
claims maturing after the original
complaint has been filed.
- Such a counterclaim or cross-claim is not
compulsory. Thus, a party who fails to
interpose a counterclaim although arising
out of, or is necessarily connected with,
the transaction or occurrence of the
plaintiff’s suit but which did not exist or
mature at the time said party filed his
answer is not thereby barred from
interposing such claim in a future
litigation.
n. What is the rule regarding pleading
an after-acquired counterclaim or
cross-claim?
Omitted counterclaim or cross-claim. — When a
pleader fails to set up a counterclaim or a
cross-claim through oversight, inadvertence, or
excusable neglect, or when justice requires, he
may, by leave of court, set up the counterclaim or
cross-claim by amendment before judgment.
(Section 10, Rule 11)
- Applies to a compulsory counterclaim or
cross-claim, as well as to permissive
counterclaim.
- Requisites for a court to allow omitted
counterclaim or cross-claim by
amendment:
(1) There was oversight, inadvertence,
or excusable neglect, or when
justice requires; and
(2) The amendment is made before
judgment.
o. When may the period to file an
answer be extended? How many
times and how long?
Extension of time to file an answer. — A
defendant may, for meritorious reasons, be
granted an additional period of not more than
thirty (30) calendar days to file an answer. A
defendant is only allowed to file one (1) motion
for extension of time to file an answer.
A motion for extension to file any pleading, other
than an answer, is prohibited and considered a
mere scrap of paper. The court, however, may
allow any other pleading to be filed after the time
fixed by these Rules. (Section 11, Rule 11)
- The 2019 Amendments limit the motion
for extension only to the filling of an
answer.
- Purpose: to limit the period for
litigation and to speed up the
disposition of cases.
- A motion for extension of time must be
filed before the expiration of the time
sought to be extended. If the last day of
the period for filing a pleading falls on a
Saturday, Sunday or legal holiday, any
extension of time to file the same should
be counted from the expiration of the
period regardless of the fact that said due
date is a Saturday, Sunday, or legal
holiday.
o.1. Discuss Reinier Pacific
International Shipping, Inc. v. Capt.
Guevarra, G.R. No. 157020, 19 June
2013.
o.2. Discuss Philippine National
Bank v. Deang Marketing
Corporation, G.R. No. 177931, 08
December 2008.
p. Read Rule 12.
q. What is a bill of particulars? What is
its purpose?
- Bill of particulars is a written statement
used in both civil and criminal actions that
is submitted by a plaintiff or a prosecutor
at the request of a defendant, giving the
defendant detailed information
concerning the claims or charges made
against a person.
- In civil actions a bill of particulars is a
written demand for the specifics of why an
action at law was brought.
- A bill of particulars is filed to make the
allegations more specific. It is filed if a
defendant in a criminal case believes he is
not sufficiently informed of the crime with
which he is charged and is not in a
position to defend himself properly and
adequately.
- Purpose: (Tan v. Sandiganbayan)
- It is the office or function, as well
as the object or purpose, of a bill of
particulars to amplify or limit a
pleading, specify more minutely
and particularly a claim or defense
set up and pleaded in general
terms, give information, not
contained in the pleading, to the
opposite party and the court as to
the precise nature, character,
scope, and extent of the cause of
action or defense relied on by the
pleader, and apprise the opposite
party of the case which he has to
meet, to the end that the proof at
the trial may be limited to the
matters specified, and in order that
surprise at, and needless
preparation for, the trial may be
avoided, and that the opposite
party may be aided in framing his
answering pleading and preparing
for trial.
- It has also been stated that it is the
function or purpose of a bill of
particulars to define, clarify,
particularize, and limit or
circumscribe the issues in the case,
to expedite the trial, and assist the
court.
 - A general function or purpose of a
bill of particulars is to prevent
injustice or do justice in the case
when that cannot be accomplished
without the aid of such a bill.
q.1. Discuss Salita v. Hon. Magtolis,
G.R. No. 106429, 13 June 1994.
r. When may a party seek a bill of
particulars?
When applied for; purpose. — 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 or her properly to
prepare his or her responsive pleading.
s. What are the periods for filing a
motion for bill of particulars?
If the pleading is a reply, the motion must be filed
within ten (10) calendar days from service
thereof. Such motion shall point out the defects
complained of, the paragraphs wherein they are
contained, and the details desired. (Section 1,
Rule 12)
t. What must the court do when a
motion for bill of particulars is
filed?
Action by the court. — Upon the filing of the
motion, the clerk of court must immediately bring
it to the attention of the court which may either
deny or grant it outright, or allow the parties the
opportunity to be heard. (Section 2, Rule 12)
- The motion should be set for hearing.
- To avoid delay, the motion should be
immediately brought to the attention of
the court for appropriate action - whether
to grant or deny it or hold a hearing
thereon.
u. If the motion for bill of particulars is
granted, what is period within which
the ordered party must comply?
Compliance with order. — If the motion is
granted, either in whole or in part, the compliance
therewith must be effected within ten (10)
calendar days from notice of the order, unless a
different period is fixed by the court. The bill of
particulars or a more definite statement ordered
by the court may be filed either in a separate or in
an amended pleading, serving a copy thereof on
the adverse party. (Section 3, Rule 12)
v. What is the effect of non-compliance
with an order requiring particulars?
Effect of non-compliance. — If the order is not
obeyed, or in case of insufficient compliance
therewith, the court may order the striking out of
the pleading or the portions thereof to which the
order was directed or make such other order as it
deems just. (Section 4, Rule 12)
- The failure of the plaintiff to comply with
the order of the court granting a motion
for bill of particulars may be a ground for
dismissing the complaint.
- Such a dismissal unless made without
prejudice, would be a bar to a subsequent
action on the same cause.
w. What is the length of the period
within which to respond to a more
definite pleading?
Stay of period to file responsive pleading. — 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) calendar days in any
event. (Section 5, Rule 12)
- If the motion is granted, the moving party
may file his responsive pleading within the
period remaining at the time when he filed
the motion for bill of particulars, but in
any event not less than 5 calendar days,
counted from service of the bill of
particulars or amended pleading.
x. What is the length of the period
within which a movant must
respond to a pleading when the
motion for a bill of particulars is
denied?
Stay of period to file responsive pleading. — 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) calendar days in any
event. (Section 5, Rule 12)
- If the motion is denied, the movant has
the same period, counted from notice of
 denial, within which to file his responsive
pleading.

y. What is the effect of a bill of

particulars on the pleading for
which it was intended?
Bill a part of pleading. — A bill of particulars
becomes part of the pleading for which it is
intended. (Section 6, Rule 12)
WEEK 9
a. Read Rule 13.
b. What is filing?
Filing and Service, defined. — Filing is the act of
submitting the pleading or other paper to the
court. (Section 2, Paragraph 1, Rule 13)
c. What is service?
Service is the act of providing a party with a copy
of the pleading or any other court submission.
(Section 2, Paragraph 2, Rule 13)
d. If a party is represented by counsel,
who should be notified?
If a party has appeared by counsel, service upon
such party shall be made upon his or her counsel
or one of them, unless service upon the party and
the party's counsel is ordered by the court.
(Section 2, Paragraph 2, Rule 13)
- When a party is represented by counsel of
record, service of orders and notices must
be made upon said attorney; and notice to
the client and to any other lawyer, not the
counsel of record, is not notice in law.
- The exception to this rule is when service
upon the party himself has been ordered
by the court,
d.1. Discuss GCP-Manny Transport
Services, Inc. v. Hon. Principe, G.R.
No. 141484, 11 Nov. 2005.
d.2. Discuss Waterfront Cebu City
Casino Hotel, Inc. v. Ledesma, G.R.
No. 197556, 25 Mar. 2015.
e. If there are multiple counsels
representing a party, who among
the counsels must receive a copy of
any pleading or paper to be served?
Where several counsels appear for one party, such
party shall be entitled to only one copy of any
pleading or paper to be served upon the lead
counsel if one is designated, or upon any one of
them if there is no designation of a lead counsel.
(Section 2, Paragraph 3, Rule 13)
f. What are the manner of filing
recognized under the Section 3 of
Rule 13? When are the pleadings and
papers considered filed?
Manner of filing. — The filing of pleadings and
other court submissions shall be made by:
(a) Submitting personally the original thereof,
plainly indicated as such, to the court;
(b) Sending them by registered mail;
(c) Sending them by accredited courier; or
(d) Transmitting them by electronic mail or
other electronic means as may be
authorized by the Court in places where
the court is electronically equipped.
In the first case, the clerk of court shall endorse
on the pleading the date and hour of filing. In the
second and third cases, the date of the mailing of
motions, pleadings, and other court submissions,
and payments or deposits, as shown by the post
office stamp on the envelope or the registry
receipt, shall be considered as the date of their
filing, payment, or deposit in court. The envelope
shall be attached to the record of the case. In the
fourth case, the date of electronic transmission
shall be considered as the date of filing. (Section
3, Rule 13)
g. What papers are required to be filed
and served?
Papers required to be filed and served. — 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. (Section 4, Rule 13)
h. What are the recognized modes of
service?
Modes of Service. —Pleadings, motions, notices,
orders, judgments, and other court submissions
shall be served personally or by registered mail,
accredited courier, electronic mail, facsimile
transmission, other electronic means as may be
authorized by the Court, or as provided for in
international conventions to which the
Philippines is a party. (Section 5, Rule 13)
- Six modes of service of pleadings,
motions, notices, orders, judgments and
other court submissions:
(1) Personal service,
(2) Registered mail,
(3) Accredited courier,
(4) Electronic mail,
(5) Facsimile transmissions, and
(6) All other electronic means
authorized by the Court or
 provided for in international
conventions
- Facsimile transmission is allowed only in
service, not in filing or submission to the
court.
- If service cannot be completed under these
methods, substituted service may be
resorted to.
i. What is personal service?
Personal Service. — Court submissions may be
served by personal delivery of a copy to the party
or to the party's counsel, or to their authorized
representative named in the appropriate pleading
or motion, or by leaving it in his or her office with
his or her clerk, or with a person having charge
thereof. If no person is found in his or her office,
or his or her office is not known, or he or she has
no office, then by leaving the copy, between the
hours of eight in the morning and six in the
evening, at the party's or counsel's residence, if
known, with a person of sufficient age and
discretion residing therein. (Section 6, Rule 13)
- Personal service refers to the in-person
delivery of notice to a defendant.
j. When is service by mail allowed?
Service by mail. — Service by registered mail shall
be made by depositing the copy in the post office,
in a sealed envelope, plainly addressed to the
party or to the party's counsel at his or her office,
if known, otherwise at his or her residence, if
known, with postage fully pre-paid, and with
instructions to the postmaster to return the mail
to the sender after ten (10) calendar days if
undelivered. If no registry service is available in
the locality of either the sender or the addressee,
service may be done by ordinary mail. (Section 7,
Rule 13)
- Service by ordinary mail is allowed only in
instances where no registry service exists
either in the locality of the sender or the
addressee. This is the only credible
justification why resort to service by
ordinary mail or private courier may be
allowed.
k. Discuss substituted service under
Section 8 of Rule 13.
Substituted service. — If service of pleadings,
motions, notices, resolutions, orders and other
papers cannot be made under the two preceding
sections, the office and place of residence of the
party or his counsel being unknown, service may
be made by delivering the copy to the clerk of
court, with proof of failure of both personal
service and service by mail. The service is
complete at the time of such delivery. (Section 8,
Rule 13)
- Substituted service of pleadings and other
papers is done by delivering the copy to
the clerk of court, with proof of failure of
both personal service and service by mail.
l. Discuss service by electronic means
and service by facsimile.
Service by electronic means and facsimile. —
Service by electronic means and facsimile shall be
made if the party concerned consents to such
modes of service.
Service by electronic means shall be made by
sending an e-mail to the party's or counsel's
electronic mail address, or through other
electronic means of transmission as the parties
may agree on, or upon direction of the court.
Service by facsimile shall be made by sending a
facsimile copy to the party's or counsel's given
facsimile number. (Section 9, Rule 13)
m. What is presumptive service?
Presumptive service. — There shall be
presumptive notice to a party of a court setting if
such notice appears on the records to have been
mailed at least twenty (20) calendar days prior to
the scheduled date of hearing and if the addressee
is from within the judicial region, or at least thirty
(30) calendar days if the addressee is from
outside the judicial region. (Section 10, Rule 13)
-
n. Discuss change of email address and
facsimile number.
Change of electronic mail address or facsimile
number. — A party who changes his or her
electronic mail address or facsimile number while
the action is pending must promptly file, within
five (5) calendar days from such change, a notice
of change of e-mail address or facsimile number
with the court and serve the notice on all other
parties.
Service through the electronic mail address or
facsimile number of a party shall be presumed
valid unless such party notifies the court of any
change, as aforementioned. (Section 11, Rule 13)
 o. What is the prescribed format for
the subject of an email or a
facsimile?
Electronic mail and facsimile subject and title of
pleadings and other documents. — The subject of
the electronic mail and facsimile must follow the
prescribed format: case number, case title and the
pleading, order or document title. The title of each
electronically-filed or served pleading or other
document, and each submission served by
facsimile shall contain sufficient information to
enable the court to ascertain from the title: (a) the
party or parties filing or serving the paper, (b)
nature of the paper, (c) the party or parties
against whom relief, if any, is sought, and (d) the
nature of the relief sought. (Section 12, Rule 13)
p. How is service of judgments, final
orders, or resolutions done?
Service of Judgments, Final Orders or
Resolutions. — Judgments, final orders, or
resolutions shall be served either personally or by
registered mail. Upon ex parte motion of any
party in the case, a copy of the judgment, final
order, or resolution may be delivered by
accredited courier at the expense of such party.
When a party summoned by publication has failed
to appear in the action, judgments, final orders or
resolutions against him or her shall be served
upon him or her also by means of publication at
the expense of the prevailing party. (Section 13,
Rule 13)
q. Which orders, pleadings, and
documents must be served or filed
conventionally?
Conventional service or filing of orders, pleadings
and other documents. — Notwithstanding the
foregoing, the following orders, pleadings, and
other documents must be served or filed
personally or by registered mail when allowed,
and shall not be served or filed electronically,
unless express permission is granted by the Court:
(a) Initiatory pleadings and initial responsive
pleadings, such as an answer;
(b) Subpoenae, protection orders, and writs;
(c) Appendices and exhibits to motions, or
other documents that are not readily
amenable to electronic scanning may, at
the option of the party filing such, be filed
and served conventionally; and
(d) Sealed and confidential documents or
records. (Section 14, Rule 13)
r. When is service completed?
Completeness of service. — Personal service is
complete upon actual delivery. Service by
ordinary mail is complete upon the expiration of
ten (10) calendar days after mailing, unless the
court otherwise provides. Service by registered
mail is complete upon actual receipt by the
addressee, or after five (5) calendar days from the
date he or she received the first notice of the
postmaster, whichever date is earlier. Service by
accredited courier is complete upon actual receipt
by the addressee, or after at least two (2) attempts
to deliver by the courier service, or upon the
expiration of five (5) calendar days after the first
attempt to deliver, whichever is earlier.
Electronic service is complete at the time of the
electronic transmission of the document, or when
available, at the time that the electronic
notification of service of the document is sent.
Electronic service is not effective or complete if
the party serving the document learns that it did
not reach the addressee or person to be served.
Service by facsimile transmission is complete
upon receipt by the other party, as indicated in
the facsimile transmission printout. (Section 15,
Rule 13)
s. Discuss proof of filing.
Proof of filing. — The filing of a pleading or any
other court submission shall be proved by its
existence in the record of the case.
(a) If the pleading or any other court
submission is not in the record, but is
claimed to have been filed personally, the
filing shall be proven by the written or
stamped acknowledgment of its filing by
the clerk of court on a copy of the pleading
or court submission;
(b) If the pleading or any other court
submission was filed by registered mail,
the filing shall be proven by the registry
receipt and by the affidavit of the person
who mailed it, containing a full statement
of the date and place of deposit of the mail
in the post office in a sealed envelope
addressed to the court, with postage fully
prepaid, and with instructions to the
postmaster to return the mail to the
sender after ten (10) calendar days if not
delivered.
(c) If the pleading or any other court
submission was filed through an
 accredited courier service, the filing shall
be proven by an affidavit of service of the
person who brought the pleading or other
document to the service provider, together
with the courier's official receipt and
document tracking number.
(d) If the pleading or any other court
submission was filed by electronic mail,
the same shall be proven by an affidavit of
electronic filing of the filing party
accompanied by a paper copy of the
pleading or other document transmitted
or a written or stamped acknowledgment
of its filing by the clerk of court. If the
paper copy sent by electronic mail was
filed by registered mail, paragraph (b) of
this Section applies.
(e) If the pleading or any other court
submission was filed through other
authorized electronic means, the same
shall be proven by an affidavit of
electronic filing of the filing party
accompanied by a copy of the electronic
acknowledgment of its filing by the court.
(Section 16, Rule 13)
t. Discuss proof of service.
Proof of service. — Proof of personal service shall
consist of a written admission of the party served,
or the official return of the server, or the affidavit
of the party serving, containing a statement of the
date, place, and manner of service. If the service is
made by:
(a) Ordinary mail. - Proof shall consist of an
affidavit of the person mailing stating the
facts showing compliance with Section 7 of
this Rule.
(b) Registered mail. - Proof shall be made by
the affidavit mentioned above and the
registry receipt issued by the mailing
office.ℒαwρhi৷ The registry return card
shall be filed immediately upon its receipt
by the sender, or in lieu thereof, the
unclaimed letter together with the
certified or sworn copy of the notice given
by the postmaster to the addressee.
(c) Accredited courier service. - Proof shall be
made by an affidavit of service executed by
the person who brought the pleading or
paper to the service provider, together
with the courier's official receipt or
document tracking number.
(d) Electronic mail, facsimile, or other
authorized electronic means of
transmission. - Proof shall be made by an
affidavit of service executed by the person
who sent the e-mail, facsimile, or other
electronic transmission, together with a
printed proof of transmittal. (Section 17,
Rule 13)
u. What is a notice of lis pendens?
Notice of lis pendens. — 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. Said notice shall contain
the names of the parties and the object of the
action or defense, and a description of the
property in that province affected thereby.
(Section 19, Paragraph 1, Rule 13)
- A notice of lis pendens is an
announcement to the whole world that a
particular real property is in litigation,
serving as a warning that one who
acquires interest over said property does
so at his own risk, or that he gambles on
the result of the litigation over the said
property.
- The filing of a notice of lis pendens
charges all strangers with notice of the
particular litigation referred to therein
and, therefore, any right they may
thereafter acquire over the property is
subject to the eventuality of the suit.
- Such announcement is founded upon
public policy and necessity, the purpose of
which is to keep the properties in litigation
within the power of the court until the
litigation is terminated and to prevent the
defeat of the judgment or decree by
subsequent alienation.
v. When is a notice of lis pendens
proper?
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. (Section 19,
Paragraph 1, Rule 13)
 - A notice of lis pendens is appropriate in
the following cases:
(a) An action to recover possession of
real estate;
(b) An action to quiet thereto;
(c) An action to remove clouds
thereon;
(d) An action for partition; and
(e) Any other proceedings of any kind
in Court directly affecting the title
to the land or the use or occupation
thereof or the buildings thereon.
w. When may a notice of lis pendens be
cancelled?
The notice of lis pendens hereinabove mentioned
may be cancelled only upon order of the court,
after proper showing that the notice is for the
purpose of molesting the adverse party, or that it
is not necessary to protect the rights of the party
who caused it to be recorded. (Section 19,
Paragraph 2, Rule 13)
x. Read Rule 14.
y. Define summons. What is its
purpose?
- Summons is a writ by which the defendant
is notified of the action brought against
him or her.
- In a civil action, service of summons is
also the means by which the court acquires
jurisdiction over the person of the
defendant. Any judgment without such
service, in the absence of a valid waiver, is
null and void.
z. Who issues the summons?
Clerk to issue summons. — Unless the complaint
is on its face dismissible under Section 1, Rule 9,
the court shall, within five (5) calendar days from
receipt of the initiatory pleading and proof of
payment of the requisite legal fees, direct the clerk
of court to issue the corresponding summons to
the defendants. (Section 1, Rule 14)
- Clerk of court
aa. When is it issued?
The court shall, within five (5) calendar days from
receipt of the initiatory pleading and proof of
payment of the requisite legal fees, direct the clerk
of court to issue the corresponding summons to
the defendants. (Section 1, Rule 14)
- Exceptions:
- Court has no jurisdiction over the
subject matter;
- Another action pending between
the same parties between the same
parties for the same cause (litis
pendentia); or
- Action is barred by a prior
judgment (res judicata) or by
statute of limitations
(prescription).
bb.What are the contents of a
summons?
Contents. — The summons shall be directed to the
defendant, signed by the clerk of court under seal,
and contain:
(a) The name of the court and the names of
the parties to the action;
(b) When authorized by the court upon ex
parte motion, an authorization for the
plaintiff to serve summons to the
defendant;
(c) A direction that the defendant answer
within the time fixed by these Rules; and
(d) A notice that unless the defendant so
answers, plaintiff will take judgment by
default and may be granted the relief
applied for.
A copy of the complaint and order for
appointment of guardian ad litem, if any, shall be
attached to the original and each copy of the
summons.(Section 2, Rule 14)
- The 2019 amendments now allow the
plaintiff, with leave of court, to serve
summons upon the defendant.
cc. Who serves the summons?
By whom served. — The summons may be served
by the sheriff, his deputy, or other proper court
officer, and in case of failure of service of
summons by them, the court may authorize the
plaintiff - to serve the summons - together with
the sheriff.
In cases where summons is to be served outside
the judicial region of the court where the case is
pending, the plaintiff shall be authorized to cause
the service of summons.
If the plaintiff is a juridical entity, it shall notify
the court, in writing, and name its authorized
representative therein, attaching a board
resolution or secretary's certificate thereto, as the
case may be, stating that such representative is
duly authorized to serve the summons on behalf
of the plaintiff.
If the plaintiff misrepresents that the defendant
was served summons, and it is later proved that
no summons was served, the case shall be
dismissed with prejudice, the proceedings shall be
nullified, and the plaintiff shall be meted
appropriate sanctions.
If summons is returned without being served on
any or all the defendants, the court shall order the
plaintiff to cause the service of summons by other
means available under the Rules.
Failure to comply with the order shall cause the
dismissal of the initiatory pleading without
prejudice. (Section 3, Rule 14)
dd. What is the effect of
misrepresentation to the Court that
plaintiff has served summons upon
defendant?
- If it is later proved that no summons was,
in fact, served:
(1) Case shall be dismissed with
prejudice,
(2) Proceedings shall be nullified, and
(3) Plaintiff shall be meted
appropriate sanctions.
ee. Until when is the validity of a
summons?
Validity of summons and issuance of alias
summons. — Summons shall remain valid until
duly served, unless it is recalled by the court. In
case of loss or destruction of summons, the court
may, upon motion, issue an alias summons.
There is failure of service after unsuccessful
attempts to personally serve the summons on the
defendant in his address indicated in the
complaint. Substituted service should be in the
manner provided under Section 6 of this Rule.
(Section 4, Rule 14)
ff. What is an alias summons? When is
it made?
- An alias summons is the name for an
summons when the defendant could not
be served the first time.
- Upon motion, alias summons may be
issued in case of the loss or destruction of
summons originally issued by the court.
gg. How is service of summons in
person on defendant done?
Service in person on defendant. — Whenever
practicable, the summons shall be served by
handing a copy thereof to the defendant in person
and informing the defendant that he or she is
being served, or, if he or she refuses to receive and
sign for it, by leaving the summons within the
view and in the presence of the defendant.
(Section 5, Rule 14)
- Service in person of summons means
actual delivery or tender of the summons
to the defendant personally.
hh. When is substituted service of
summons allowed?
Substituted service. — If, for justifiable causes,
the defendant cannot be served personally after at
least three (3) attempts on two (2) separate dates
(Section 6, Rule 14)
- It is allowed if for justifiable reasons, the
defendant cannot be served in person after
at least 3 attempts on 2 different dates.
ii. How is substituted service of
summons done?
Service may be effected:
(a) By leaving copies of the summons at the
defendant's residence to a person at least
eighteen (18) years of age and of sufficient
discretion residing therein;
(b) By leaving copies of the summons at the
defendant's office or regular place of
business with some competent person in
charge thereof. A competent person
includes, but not limited to, one who
customarily receives correspondences for
the defendant;
(c) By leaving copies of the summons, if
refused entry upon making his or her
authority and purpose known, with any of
the officers of the homeowners'
association or condominium corporation,
or its chief security officer in charge of the
community or the building where the
defendant may be found; and
(d) By sending an electronic mail to the
defendant's electronic mail address, if
allowed by the court. (Section 6, Rule 14)
ii.1. Discuss Express Padala (Italia)
S.P.A., v. Ocampo, G.R. No. 202505,
06 Sept. 2017.
 ii.2. Discuss de Pedro v. Romasan
Development Corporation, G.R. No.
194751, 26 Nov. 2014.
jj. How is service upon an entity
without juridical personality done?
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 filed. (Section
7, Rule 14)
kk.How is service upon prisoners
done?
Service upon prisoners. — When the defendant is
a prisoner confined in a jail or institution, service
shall be effected upon him or her by the officer
having the management of such jail or institution
who is deemed as a special sheriff for said
purpose. The jail warden shall file a return within
five (5) calendar days from service of summons to
the defendant. (Section 8, Rule 14)
ll. How is service upon minors and
incomptents done?
Service upon minors and incompetents. — When
the defendant is a minor, insane or otherwise an
incompetent person, service of summons shall be
made upon him or her personally and on his or
her legal guardian if he or she has one, or if none,
upon his or her guardian ad litem whose
appointment shall be applied for by the plaintiff.
In the case of a minor, service shall be made on
his or her parent or guardian. (Section 10, Rule
14)
mm. How is service upon domestic
private entities done?
Service upon domestic private juridical entity. —
When the defendant is a corporation, partnership
or association organized under the laws of the
Philippines with a juridical personality, service
may be made on the president, managing partner,
general manager, corporate secretary, treasurer,
or in-house counsel of the corporation wherever
they may be found, or in their absence or
unavailability, on their secretaries.
If such service cannot be made upon any of the
foregoing persons, it shall be made upon the
person who customarily receives the
correspondence for the defendant at its principal
office.
In case the domestic juridical entity is under
receivership or liquidation, service of summons
shall be made on the receiver or liquidator, as the
case may be.
Should there be a refusal on the part of the
persons above-mentioned to receive summons
despite at least three (3) attempts on two (2)
separate dates, service may be made
electronically, if allowed by the court, as provided
under Section 6 of this rule. (Section 12, Rule 14)
mm.1. Discuss Green Star Express v.
Nissan-Universal Robina Corp., G.R.
No. 181517, 06 July 2015.
nn. What is the duty of counsel of
record who makes a special
appearance for a defendant to
question the validity of the service of
summons?
Duty of counsel of record. — Where the summons
is improperly served and a lawyer makes a special
appearance on behalf of the defendant to, among
others, question the validity of service of
summons, the counsel shall be deputized by the
court to serve summons on his client. (Section 13,
Rule 14)
oo.How is service upon foreign private
juridical entities done?
Service upon foreign private juridical entities. —
When the defendant is a foreign private juridical
entity which has transacted or is doing business in
the Philippines, as defined by law, service may be
made on its resident agent designated in
accordance with the law for that purpose, or, if
there be no such agent, on the government official
designated by law to that effect, or on any of its
officers, agents, directors or trustees within the
Philippines.
If the foreign private juridical entity is not
registered in the Philippines, or has no resident
agent but has transacted or is doing business in it,
as defined by law, such service may, with leave of
court, be effected outside of the Philippines
through any of the following means:
 (a) By personal service coursed through the
appropriate court in the foreign country
with the assistance of the department of
foreign affairs;
(b) By publication once in a newspaper of
general circulation in the country where
the defendant may be found and by
serving a copy of the summons and the
court order by registered mail at the last
known address of the defendant;
(c) By facsimile;
(d) By electronic means with the prescribed
proof of service; or
(e) By such other means as the court, in its
discretion, may direct. (Section 14, Rule
14)
pp. How is service upon public
corporations done?
Service upon public corporations. — When the
defendant is the Republic of the Philippines,
service may be effected on the Solicitor General;
in case of a province, city or municipality, or like
public corporations, service may be effected on its
executive head, or on such other officer or officers
as the law or the court may direct. (Section 15,
Rule 14)
qq.How is service upon unknown
defendant done?
Service upon defendant whose identity or
whereabouts are unknown. — In any action
where the defendant is designated as an unknown
owner, or the like, or whenever his or her
whereabouts are unknown and cannot be
ascertained by diligent inquiry, within ninety (90)
calendar days from the commencement of the
action, service may, by leave of court, be effected
upon him or her by publication in a newspaper of
general circulation and in such places and for
such time as the court may order.
Any order granting such leave shall specify a
reasonable time, which shall not be less than sixty
(60) calendar days after notice, within which the
defendant must answer. (Section 16, Rule 14)
rr. What is extraterritorial service?
- Extraterritorial service is the act of
providing a party with a copy of the
pleading or any other court submission
outside the territorial limits of a
jurisdiction.
ss. When is extraterritorial service
allowed? What is the procedure for
extraterritorial service?
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 as
provided for in international conventions to
which the Philippines is a party; 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) calendar days after notice, within which the
defendant must answer. (Section 17, Rule 14)
tt. How is service upon residents
temporarily abroad done?
Residents temporarily out of the Philippines. —
When any action is commenced against a
defendant who ordinarily resides within the
Philippines, but who is temporarily out of it,
service may, by leave of court, be also effected out
of the Philippines, as under the preceding Section.
(Section 18, Rule 14)
uu. When is leave of court required?
Leave of court. — Any application to the court
under this Rule for leave to effect service in any
manner for which leave of court is necessary shall
be made by motion in writing, supported by
affidavit of the plaintiff or some person on his
behalf, setting forth the grounds for the
application. (Section 19, Rule 14)
vv. What is a return and when is it
made?
Return. — Within thirty (30) calendar days from
issuance of summons by the clerk of court and
receipt thereof, the sheriff or process server, or
person authorized by the court, shall complete its xx. What is the proof of service by
service. Within five (5) calendar days from service publication?
of summons, the server shall file with the court Proof of service by publication. — If the service
and serve a copy of the return to the plaintiff's has been made by publication, service may be
counsel, personally, by registered mail, or by proved by the affidavit of the publisher, editor,
electronic means authorized by the Rules. business or advertising manager, to which
Should substituted service have been effected, the affidavit a copy of the publication shall be
return shall state: attached and by an affidavit showing the deposit
(1) The impossibility of prompt personal of a copy of the summons and order for
service within a period of thirty (30) publication in the post office, postage prepaid,
calendar days from issue and receipt of directed to the defendant by registered mail to his
summons; or her last known address. (Section 22, Rule 14)
(2) The date and time of the three (3) - Service by publication is a substitute
attempts on at least (2) two separate dates delivery of litigation documents to give the
to cause personal service and the details of opposing litigant notice of the suit against
the inquiries made to locate the defendant them by publishing the documents in an
residing thereat; and advertisement or in a newspaper of
(3) The name of the person at least eighteen general circulation. Service by publication
(18) years of age and of sufficient may be used to attempt to notify a
discretion residing thereat; name of defendant who is intentionally absent, in
competent person in charge of the hiding, or at an unknown address.
defendant's office or regular place of
business, or name of the officer of the yy. When is there voluntary
homeowners' association or condominium appearance?
corporation or its chief security officer in Voluntary appearance. — The defendant's
charge of the community or building voluntary appearance in the action shall be
where the defendant may be found. equivalent to service of summons. The inclusion
(Section 20, Rule 14) in a motion to dismiss of other grounds aside
- Return of service is a confirmation that from lack of jurisdiction over the person of the
there was service of process. defendant shall be deemed a voluntary
appearance. (Section 23, Rule 14)
ww. What is the proof of service of
summons?
Proof of service. — The proof of service of a
summons shall be made in writing by the server
and shall set forth the manner, place, and date of
service; shall specify any papers which have been
served with the process and the name of the
person who received the same; and shall be sworn
to when made by a person other than a sheriff or
his or her deputy.
If summons was served by electronic mail, a
printout of said e-mail, with a copy of the
summons as served, and the affidavit of the
person mailing, shall constitute as proof of
service. (Section 21, Rule 14)
- A proof of service is a court paper filed by
a process server as evidence that she
served the witness or party to the lawsuit
with the court papers she was instructed
to serve.
WEEK 10
a. Read Rule 15.
b. What is a motion?
Motion defined. — A motion is an application for
relief other than by a pleading. (Section 1, Rule
15)
c. When must a motion be made in
writing?
Motions must be in writing. — All motions shall
be in writing except those made in open court or
in the course of a hearing or trial.
A motion made in open court or in the course of a
hearing or trial should immediately be resolved in
open court, after the adverse party is given the
opportunity to argue his or her opposition
thereto.
When a motion is based on facts not appearing on
record, the court may hear the matter on
affidavits or depositions presented by the
respective parties, but the court may direct that
the matter be heard wholly or partly on oral
testimony or depositions.
(Section 2, Rule 15)
d. What are the contents of a motion?
Contents. — A motion shall state the relief sought
to be obtained and the grounds upon which it is
based, and if required by these Rules or necessary
to prove facts alleged therein, shall be
accompanied by supporting affidavits and other
papers. (Section 3, Rule 15)
e. What is a non-litigious motion?
Non-litigious motions. — Motions which the court
may act upon without prejudicing the rights of
adverse parties are non-litigious motions. These
motions include:
a) Motion for the issuance of an alias
summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of
execution;
e) Motion for the issuance of an alias writ of
execution;
f) Motion for the issuance of a writ of
possession;
g) Motion for the issuance of an order
directing the sheriff to execute the final
certificate of sale; and
h) Other similar motions.
These motions shall not be set for hearing and
shall be resolved by the court within five (5)
calendar days from receipt thereof. (Section 4,
Rule 15)
f. What is a litigious motion?
Litigious motions. — (a) Litigious motions
include:
1. Motion for bill of particulars;
2. Motion to dismiss;
3. Motion for new trial;
4. Motion for reconsideration;
5. Motion for execution pending appeal;
6. Motion to amend after a responsive
pleading has been filed;
7. Motion to cancel statutory lien;
8. Motion for an order to break in or for a
writ of demolition;
9. Motion for intervention;
10. Motion for judgment on the pleadings;
11. Motion for summary judgment;
12. Demurrer to evidence;
13. Motion to declare defendant in default;
and
14. Other similar motions.
(b) All motions shall be served by personal
service, accredited private courier or registered
mail, or electronic means so as to ensure their
receipt by the other party.
(c) The opposing party shall file his or her
opposition to a litigious motion within five (5)
calendar days from receipt thereof. No other
submissions shall be considered by the court in
the resolution of the motion.
The motion shall be resolved by the court within
fifteen (15) calendar days from its receipt of the
opposition thereto, or upon expiration of the
period to file such opposition. (Section 5, Rule 15)
- A litigious motion is one which the court
may not act upon without prejudicing the
rights of the adverse party. Examples of
this are motions for reconsideration,
motions to dismiss, motions to declare
defendant in default, motions for
execution, motions for judgment on the
pleadings and motions for summary
judgment. (G.R. No. 167835 and G.R. No.
188480)
g. How is a litigious motion served?
(b) All motions shall be served by personal
service, accredited private courier or registered
mail, or electronic means so as to ensure their
receipt by the other party.
(c) The opposing party shall file his or her
opposition to a litigious motion within five (5)
calendar days from receipt thereof. No other
submissions shall be considered by the court in
the resolution of the motion. (Section 5, Rule 15)
h. Discuss the process involving
resolution of litigious motions.
The motion shall be resolved by the court within
fifteen (15) calendar days from its receipt of the
opposition thereto, or upon expiration of the
period to file such opposition. (Section 5, Rule 15)
- For litigious motions, the party must file
his or her opposition thereto within 5
calendar days from receipt thereof,
otherwise, the said motions shall be
considered submitted for resolution and
the court may proceed to resolve them
within 15 days from expiration of the
period to file the opposition. No other
submission shall be allowed by the court,
and it is now discretionary on the court to
hold a hearing in the resolution of the said
motions.
i. Should litigious motions be
scheduled for hearing?
Notice of hearing on litigious motions;
discretionary. — The court may, in the exercise of
its discretion, and if deemed necessary for its
resolution, call a hearing on the motion. The
notice of hearing shall be addressed to all parties
concerned, and shall specify the time and date of
the hearing. (Section 6, Rule 15)
- The hearing of litigious motion is
discretionary on the court and may only be
called when deemed necessary.
- The notice of hearing and the 3-day notice
are no longer mandatory requirements.
j. What is the effect of the absence of
proof of service of a litigious
motion?
Proof of service necessary. — No written motion
shall be acted upon by the court without proof of
service thereof, pursuant to Section 5(b) hereof.
(Section 7, Rule 15)
- A motion that does not comply with the
requirements of the Rules of Court
regarding notice of time and place of
hearing of the motion and proof of service
thereof, is nothing but a piece of paper
filed with the court. It presents no
question which the court could decide. The
court has no right to consider it, and the
clerk has no right to receive it. It is not, in
fact, a motion.
k. When is the motion day?
Motion day. — Except for motions requiring
immediate action, where the court decides to
conduct hearing on a litigious motion, the same
shall be set on a Friday. (Section 8, Rule 15)
l. What is the omnibus-motion rule?
Omnibus motion. — Subject to the provisions of
Section 1 of Rule 9, a motion attacking a pleading,
order, judgment, or proceeding shall include all
objections then available, and all objections not so
included shall be deemed waived. (Section 9, Rule
15)
m. What are the exceptions to the
omnibus-motion rule?
- The exceptions to the omnibus motion
rule are found in Section 1 of Rule 9.
- The omnibus motion rule embodied in
Section 9, Rule 15, in relation to Section 1,
Rule 9, demands that all available
objections be included in a party’s motion,
otherwise, said objections shall be deemed
waived; and, the only grounds the court
could take cognizance of, even if not
pleaded in said motion are:
(a) Lack of jurisdiction over the
subject matter;
(b) Existence of another action
pending between the same parties
for the same cause; and
(c) Bar by prior judgment or by statute
of limitations.
n. What is the rule when asking a court
permission to file a pleading?
Form. - The Rules applicable to pleadings shall
apply to written motions so far as concerns
caption, designation, signature, and other matters
of form. (Section 11, Rule 15)
o. What are the prohibited motions?
Discuss each.
Prohibited motions. — The following motions
shall not be allowed:
(a) Motion to dismiss except on the following
grounds:
1) That the court has no jurisdiction over the
subject matter of the claim;
2) That there is another action pending
between the same parties for the same
cause; and
3) That the cause of action is barred by a
prior judgment or by the statute of
limitations;
(b) Motion to hear affirmative defenses;
(c) Motion for reconsideration of the court's
action on the affirmative defenses;
(d) Motion to suspend proceedings without a
temporary restraining order or injunction issued
by a higher court;
(e) Motion for extension of time to file pleadings,
affidavits or any other papers, except a motion for
extension to file an answer as provided by Section
11, Rule 11; and
(f) Motion for postponement intended for delay,
except if it is based on acts of God, force majeure
or physical inability of the witness to appear and
testify. If the motion is granted based on such
exceptions, the moving party shall be warned that
the presentation of its evidence must still be
terminated on the dates previously agreed upon.
A motion for postponement, whether written or
oral, shall, at all times, be accompanied by the
original official receipt from the office of the clerk
of court evidencing payment of the postponement
fee under Section 21(b), Rule 141, to be submitted
either at the time of the filing of said motion or
not later than the next hearing date. The clerk of
court shall not accept the motion unless
accompanied by the original receipt. (Section 12,
Rule 15)
p. What is dismissal with prejudice?
Dismissal with prejudice. — Subject to the right
of appeal, an order granting a motion to dismiss
or an affirmative defense that the cause of action
is barred by a prior judgment or by the statute of
limitations; that the claim or demand set forth in
the plaintiffs pleading has been paid, waived,
abandoned or otherwise extinguished; or that the
claim on which the action is founded is
unenforceable under the provisions of the statute
of frauds, shall bar the refiling of the same action
or claim. (Section 13, Rule 15)
q. What are the incidents considered
dismissed with prejudice under
Section 13 of Rule 15?
- The following orders of dismissal are with
prejudice and shall bar the refilling of the
same action or claim:
(1) Granting a motion to dismiss; and
(2) Granting an affirmative defense
(a) That the cause of action is barred
by a prior judgment, or by the
statute of limitations; or
(b) That the claim or demand set forth
in the plaintiff’s pleading has been
paid, waived, abandoned or
otherwise extinguished; or
(c) That the claim on which the action
is founded is unenforceable under
the provisions of the statute of
frauds.
- The party against whom the order is
issued may, however, appeal the order of
dismissal
r. Read Rule 17.
s. What is a notice of dismissal?
t. Who files and when is a notice of
dismissal filed?
Dismissal upon notice by plaintiff. — A complaint
may be dismissed by the plaintiff by filing a notice
of dismissal at any time before service of the
answer or of a motion for summary judgment.
Upon such notice being filed, the court shall issue
an order confirming the dismissal. Unless
otherwise stated in the notice, the dismissal is
without prejudice, except that a notice operates as
an adjudication upon the merits when filed by a
plaintiff who has once dismissed in a competent
court an action based on or including the same
claim. (Section 1, Rule 17)
- The dismissal of the action may be
accomplished by a mere notice of
dismissal by the plaintiff and not a motion
subject to the approval of the court.
- The trial court has no choice but to
consider the complaint as dismissed since
the plaintiff may opt for such dismissal as
a matter of right, regardless of ground.
- It is mandatory that the trial court issue an
order confirming such dismissal.
 u. When is a dismissal upon motion of
plaintiff allowed?
Dismissal upon motion of plaintiff. — Except as
provided in the preceding section, a complaint
shall not be dismissed at the plaintiffs instance
save upon approval of the court and upon such
terms and conditions as the court deems proper.
If a counterclaim has been pleaded by a defendant
prior to the service upon him or her of the
plaintiff's motion for dismissal, the dismissal shall
be limited to the complaint. The dismissal shall be
without prejudice to the right of the defendant to
prosecute his or her counterclaim in a separate
action unless within fifteen (15) calendar days
from notice of the motion he or she manifests his
or her preference to have his or her counterclaim
resolved in the same action. Unless otherwise
specified in the order, a dismissal under this
paragraph shall be without prejudice. A class suit
shall not be dismissed or compromised without
the approval of the court. (Section 2, Rule 17)
- The dismissal is limited to the complaint
and is without prejudice to the
prosecution by the defendant of the
counterclaim in a separate action unless
he manifests his preference to prosecute in
the same action.
v. What is the two-dismissal rule?
- Two dismissal rule refers to a rule that a
notice of voluntary dismissal operates as
an adjudication on the merits when it is
filed by a plaintiff who has already
dismissed the same claim in another
court.
- As a general rule, a dismissal of an action
under Section 1 of Rule 17 is without
prejudice, except when it is the second
time that the plaintiff has caused its
dismissal.
- For a dismissal to operate as an
adjudication upon the merits, i.e., with
prejudice to the refilling of the same claim,
the following requisites must be present:
(1) There was a previous case that was
dismissed by a competent court;
(2) Both cases were based on or
included the same claim; and
(3) Both notices for dismissal were
filed by the plaintiff.
- When the motion to dismiss filed by the
plaintiff was consented to by the
defendant on the ground that the latter
paid and satisfied all the claims of the
former, the dismissal is with prejudice.
- The purpose of this rule is to avoid
vexatious litigation. When a complaint is
dismissed a second time, the plaintiff is
thereafter barred from seeking relief on
the same claim.
v.1. Discuss Ramon Ching and
Powing Properties, Inc. v. Cheng,
G.R. No. 175507, 08 Oct. 2014.
w. When is the two-dismissal rule not
applicable?
- Rule 17 of the Rules of Civil Procedure
governs dismissals of actions at the
instance of the plaintiff. Hence, the
"two-dismissal rule" under Rule 17,
Section 1 of the Rules of Civil Procedure
will not apply if the prior dismissal was
done at the instance of the defendant.
x. Should the court immediately grant
a motion to dismiss from the
plaintiff filed after service of an
answer?
- Section 2 applies to a motion for dismissal
by the plaintiff after service of the answer,
in which case an order of the court is
necessary upon such terms and conditions
as the court deems proper.
- This dismissal is without prejudice unless
otherwise specified in the order of the
court.
y. What is the effect on a counterclaim
pleaded by a defendant prior to
service upon him of the plaintiff’s
motion to dismiss?
If a counterclaim has been pleaded by a defendant
prior to the service upon him or her of the
plaintiff's motion for dismissal, the dismissal shall
be limited to the complaint. The dismissal shall be
without prejudice to the right of the defendant to
prosecute his or her counterclaim in a separate
action unless within fifteen (15) calendar days
from notice of the motion he or she manifests his
or her preference to have his or her counterclaim
resolved in the same action. (Section 2, Rule 17)
z. What are the grounds for dismissal
of a complaint under Section 3 of the
Rules of Court?
 (1) The failure of the plaintiff to appear to comply with these Rules or any order of the
without justifiable cause on the date of the court, the complaint may be dismissed upon
presentation of his evidence in chief on the motion of the defendant or upon the court's own
complaint. motion, without prejudice to the right of the
(2) The failure of the plaintiff to prosecute his defendant to prosecute his or her counterclaim in
action for an unreasonable length of time. the same or in a separate action. This dismissal
(3) The failure of the plaintiff to comply with shall have the effect of an adjudication upon the
the Rules of Court or any order of the merits, unless otherwise declared by the court.
court. (Section 3, Rule 17)
- A dismissal based on any of these grounds
has the effect of an adjudication on the
merits.
- Unless otherwise provided, a dismissal
under said rule is considered with
prejudice, which bars the refilling of the
case.
- When an order completely disposes of the
case and leaves nothing to be done by the
court, it is a final order properly subject of
an appeal.

aa. What is dismissal for failure to

prosecute?
- The failure of a plaintiff to prosecute the
action without any justifiable cause within
a reasonable period of time will give rise to
the presumption that he is no longer
interested to obtain from the court the
relief prayed for in his complaint; hence,
the court is authorized to order the
dismissal of the complaint on its own
motion or on motion of the defendants.
- To constitute failure to prosecute, his
non-appearance must be equated with
unwillingness to proceed with the trial as
when both plaintiff and counsel made no
appearance at all, or with the assumption
that plaintiff has already lost interest in
prosecuting his action, in the same way
that should the ground for dismissal be
delayed, this delay or failure to proceed
must be for an unreasonable length of
time beyond the reasonable allowance
which by judicial leniency a litigant is
normally entitled.

bb.What is dismissal due to plaintiff’s

fault?
Dismissal due to fault of plaintiff. — If, for no
justifiable cause, the plaintiff fails to appear on
the date of the presentation of his or her evidence
in chief on the complaint, or to prosecute his or
her action for an unreasonable length of time, or
WEEK 11
a. Read Rule 18.
b. When is a pre-trial conducted?
When conducted. — After the last responsive
pleading has been served and filed, the branch
clerk of court shall issue, within five (5) calendar
days from filing, a notice of pre-trial which shall
be set not later than sixty (60) calendar days from
the filing of the last responsive pleading. (Section
1, Rule 18)
c. What is considered as “last
responsive pleading”?
- Last responsive pleading is the period for
filing the same has expired.
- Under the rules of pleading and practice,
the answer ordinarily is the last pleading,
but when defendant’s answers contains a
counterclaim, plaintiff’s answer to it is the
last responsive pleading.
- When the defendant’s answer has a cross
claim, the answer of the cross-defendant
to it is the last pleading.
- Where the plaintiff's answer to a
counterclaim against the opposing party
or a cross-claim against a co-defendant,
the answer of the co-defendant to the
cross-claim is the last responsive pleading.
- Where the plaintiff files a reply, that is,
when the defending party attaches an
actionable document to the answer, and
where the defendant files a rejoinder, that
is, when the reply attaches an actionable
document, under Section 10, Rule 6 of the
2019 Amendments, such reply or rejoinder
constitutes the last responsive pleading.
d. What is the purpose of pre-trial?
Nature and Purpose. — The pre-trial is
mandatory and should be terminated promptly.
The court shall consider:
(a) The possibility of an amicable settlement
or of a submission to alternative modes of
dispute resolution;
(b) The simplification of the issues;
(c) The possibility of obtaining stipulations or
admissions of facts arid of documents to
avoid unnecessary proof;
(d) The limitation of the number and
identification of witnesses and the setting
of trial dates;
(e) The advisability of a preliminary reference
of issues to a commissioner;
(f) The propriety of rendering judgment on
the pleadings, or summary judgment, or of
dismissing the action should a valid
ground therefor be found to exist;
(g) The requirement for the parties to:
1) Mark their respective evidence if
not vet marked in the judicial
affidavits of their witnesses;
2) Examine and make comparisons of
the adverse parties' evidence
vis-a-vis the copies to be marked;
3) Manifest for the record
stipulations regarding the
faithfulness of the reproductions
and the genuineness and due
execution of the adverse parties'
evidence;
4) Reserve evidence not available at
the pre-trial, but only in the
following manner:
1. For testimonial evidence,
by giving the name or
position and the nature of
the testimony of the
proposed witness;
2. For documentary evidence
and other object evidence,
by giving a particular
description of the evidence.
No reservation shall be allowed if not
made in the manner described above. (h)
(h) Such other matters as may aid in the
prompt disposition of the action.
The failure without just cause of a party and
counsel to appear during pre-trial, despite notice,
shall result in a waiver of any objections to the
faithfulness of the reproductions marked, or their
genuineness and due execution.
The failure without just cause of a party and/or
counsel to bring the evidence required shall be
deemed a waiver of the presentation of such
evidence.
The branch clerk of court shall prepare the
minutes of the pre-trial, which shall have the
following format: (See prescribed form) (Section
2, Rule 18)
- Pre-trial is a procedural device intended to
clarify and limit the basic issues between
the parties.
 - It paves the way for a less cluttered trial
and resolution of the case.
- Its main objective is to simplify,
abbreviate and expedite trial or totally
dispense with it.
- A pre-trial hearing is meant to:
● serve as a device to clarify and
narrow down the basic issues
between parties;
● ascertain the facts relative to those
issues;
● enable the parties to obtain the
fullest possible knowledge of the
issues and facts before civil trials;
● prevent that said trials are carried
on in the dark.
- Pre-trial is primarily intended to make
certain that all issues necessary to the
disposition of a case are properly raised.
e. What are the matters to be
considered during pre-trial?
The court shall consider:
(a) The possibility of an amicable settlement
or of a submission to alternative modes of
dispute resolution;
(b) The simplification of the issues;
(c) The possibility of obtaining stipulations or
admissions of facts arid of documents to
avoid unnecessary proof;
(d) The limitation of the number and
identification of witnesses and the setting
of trial dates;
(e) The advisability of a preliminary reference
of issues to a commissioner;
(f) The propriety of rendering judgment on
the pleadings, or summary judgment, or of
dismissing the action should a valid
ground therefor be found to exist;
(g) The requirement for the parties to:
1) Mark their respective evidence if
not vet marked in the judicial
affidavits of their witnesses;
2) Examine and make comparisons of
the adverse parties' evidence
vis-a-vis the copies to be marked;
3) Manifest for the record
stipulations regarding the
faithfulness of the reproductions
and the genuineness and due
execution of the adverse parties'
evidence;
4) Reserve evidence not available at
the pre-trial, but only in the
following manner:
1. For testimonial evidence,
by giving the name or
position and the nature of
the testimony of the
proposed witness;
2. For documentary evidence
and other object evidence,
by giving a particular
description of the evidence.
No reservation shall be allowed if not
made in the manner described above. (h)
(h) Such other matters as may aid in the
prompt disposition of the action. (Section
2, Rule 18)
f. What is the effect of lack of pre-trial?
g. What is a notice of pre-trial? Who
must receive such notice?
Notice of Pre-trial. — The notice of pre-trial shall
include the dates respectively set for:
(a) Pre-Trial;
(b) Court-Annexed Mediation; and
(c) Judicial Dispute Resolution, if necessary.
The notice of pre-trial shall be served on counsel,
or on the party who has no counsel. The counsel
served with such notice is charged with the duty
of notifying the party represented by him or her.
Non-appearance at any of the foregoing settings
shall be deemed non-compliance at the Pre-Trial
and shall merit the same sanctions under Section
5 hereof. (Section 3, Rule 18)
h. Are the parties required to appear
during pre-trial? Are there any
exceptions?
Appearance of Parties. — It shall be the duty of
the parties and their counsel to appear at the
pre-trial, court-annexed mediation, and judicial
dispute resolution, if necessary. The
non-appearance of a party and counsel may be
excused only for acts of God, force majeure, or
duly substantiated physical inability.
A representative may appear on behalf of a party,
but shall be fully authorized in writing to enter
into an amicable settlement to submit to
alternative modes of dispute resolution, and to
enter into stipulations or admissions of facts and
documents. (Section 4, Rule 18)

i. What is the effect of failure to
appear at pre-trial?
Effect of failure to appear. — When duly notified,
the failure of the plaintiff and counsel to appear
without valid cause when so required, pursuant to
the next preceding Section, shall cause the
dismissal of the action. The dismissal shall be
with prejudice, unless otherwise ordered by the
court. A similar failure on the part of the
defendant and counsel shall be cause to allow he
plaintiff to present his or her evidence ex-parte
within ten (10) calendar days from termination of
pre-trial, and the court to render judgment on the
basis of the evidence offered. (Section 5, Rule 18)
- The failure of both a party and counsel
without just cause to appear during
pre-trial, despite notice, shall result in:
(1) A waiver of any objections to the
faithfulness of the reproductions
marked, or their genuineness and
due execution.
(2) Dismissal of the action with
prejudice unless otherwise ordered
by the court, in case of
non-appearance of plaintiff and
counsel.
(3) Setting the ex parte presentation of
plaintiff’s evidence, in case of
non-appearance of defendant and
counsel; thereafter, the court may
render judgment based on the
evidence presented.
- If the plaintiff and/or defendant fails to
appear but the counsel is present, pre-trial
may proceed if the counsel is authorized
for pre-trial purposes.
- The defendant who appears in the absence
of the plaintiff may be allowed to present
evidence on his counterclaim, if any. If the
defendant fails to appear, the plaintiff may
be allowed to present his evidence
ex-parte and the court shall render
judgment based on the evidence
presented.
- The failure to attend the pre-trial
conference does not result in the default of
an absent party.
- In certain instances, the non-appearance
of a party may be excused if a valid cause
is shown, which is subject to the sound
discretion of a judge.
i.1. Discuss Philippine Steel Coating
Corp. v. Quinones, G.R. No. 194533,
19 April 2017.
j. What is a pre-trial brief?
Pre-trial brief. — The parties shall file with the
court and serve on the adverse party, in such
manner as shall ensure their receipt thereof at
least three (3) calendar days before the date of the
pre-trial, their respective pre-trial briefs which
shall contain, among others:
(a) A concise statement of the case and the
reliefs prayed for;
(b) A summary of admitted facts and
proposed stipulation of facts;
(c) The main factual and legal issues to be
tried or resolved;
(d) The propriety of referral of factual issues
to commissioners;
(e) The documents or other object evidence to
be marked, stating the purpose thereof;
(f) The names of the witnesses, and the
summary of their respective testimonies;
and
(g) Brief statement of points of law and
citation of authorities.
Failure to file the pre-trial brief shall have the
same effect as failure to appear at the pre-trial.
(Section 6, Rule 18)
- A summary of the main purpose of the
pre-trial
k. What are its contents?
(a) A concise statement of the case and the
reliefs prayed for;
(b) A summary of admitted facts and
proposed stipulation of facts;
(c) The main factual and legal issues to be
tried or resolved;
(d) The propriety of referral of factual issues
to commissioners;
(e) The documents or other object evidence to
be marked, stating the purpose thereof;
(f) The names of the witnesses, and the
summary of their respective testimonies;
and
(g) Brief statement of points of law and
citation of authorities. (Section 6, Rule 18)
l. Is a pre-trial brief mandatory?
- Yes, as the failure to file the pre-trial brief
has the same effect as failure to appear at
the pre-trial. The failure of both a party
 and counsel without just cause to appear
during pre-trial, despite notice, shall result
in:
(1) A waiver of any objections to the
faithfulness of the reproductions
marked, or their genuineness and
due execution.
(2) Dismissal of the action with
prejudice unless otherwise ordered
by the court, in case of
non-appearance of plaintiff and
counsel.
(3) Setting the ex parte presentation of
plaintiff’s evidence, in case of
non-appearance of defendant and
counsel; thereafter, the court may
render judgment based on the
evidence presented.
m. When must a pre-trial brief be filed?
The parties shall file with the court and serve on
the adverse party, in such manner as shall ensure
their receipt thereof at least three (3) calendar
days before the date of the pre-trial (Section 6,
Rule 18)
n. What is a pre-trial order?
Pre-Trial Order. — Upon termination of pre-trial,
the court shall issue an order within ten (10)
calendar days which shall recite in detail the
matters taken up. The order shall include:
(a) An enumeration of the admitted facts;
(b) The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried;
(d) The applicable law, rules, and
jurisprudence;
(e) The evidence marked;
(f) The specific trial dates for continuous
trial, which shall be within the period
provided by the Rules;
(g) The case flowchart to be determined by
the court, which shall contain the different
stages of the proceedings up to the
promulgation of the decision and the use
of time frames for each stage in setting the
trial dates;
(h) A statement that the one-day examination
of witness rule and most important
witness rule under A.M. No. 03-1-09-SC
(Guidelines for Pre-Trial) shall be strictly
followed; and
(i) A statement that the court shall render
judgment on the pleadings or summary
judgment, as the case may be.
The direct testimony of witnesses for the plaintiff
shall be in the form of judicial affidavits. After the
identification of such affidavits,
cross-examination shall proceed immediately.
Postponement of presentation of the parties'
witnesses at a scheduled date is prohibited, except
if it is based on acts of God, force majeure or duly
substantiated physical inability of the witness to
appear and testify. The party who caused the
postponement is warned that the presentation of
its evidence must still be terminated within the
remaining dates previously agreed upon.
Should the opposing party fail to appear without
valid cause stated in the next preceding
paragraph, the presentation of the scheduled
witness will proceed with the absent party being
deemed to have waived the right to interpose
objection and conduct cross-examination.
The contents of the pre-trial order shall control
the subsequent proceedings, unless modified
before trial to prevent manifest injustice. (Section
7, Rule 18)
- An order issued by the court after the
pre-trial conference
o. What must be included in the
pre-trial order?
The order shall include:
(a) An enumeration of the admitted facts;
(b) The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried;
(d) The applicable law, rules, and
jurisprudence;
(e) The evidence marked;
(f) The specific trial dates for continuous
trial, which shall be within the period
provided by the Rules;
(g) The case flowchart to be determined by
the court, which shall contain the different
stages of the proceedings up to the
promulgation of the decision and the use
of time frames for each stage in setting the
trial dates;
(h) A statement that the one-day examination
of witness rule and most important
witness rule under A.M. No. 03-1-09-SC
(Guidelines for Pre-Trial) shall be strictly
followed; and
(i) A statement that the court shall render
judgment on the pleadings or summary
 judgment, as the case may be. (Section 7,
Rule 18)
p. What is court-annexed mediation?
Court-Annexed Mediation. — After pre-trial and,
after issues are joined, the court shall refer the
parties for mandatory court-annexed mediation.
The period for court-annexed mediation shall not
exceed thirty (30) calendar days without further
extension. Section 8, Rule 18)
- Court-annexed mediation is a part of
pre-trial where parties are encouraged to
personally attend the proceedings.
- Sanctions: including but not limited to
censure, reprimand, contempt, and such
other sanctions as are provided under the
Rules of Court for failure to appear for
pre-trial, in case any or both of the parties
absent himself/themselves, or for abusive
conduct during mediation proceedings.
- CAM is a voluntary process conducted
under the auspices of the court by
referring the parties to the Philippine
Mediation Center (PMC) Unit for the
settlement of their dispute, assisted by a
Mediator accredited by the Supreme
Court.
q. What is judicial dispute resolution?
Judicial Dispute Resolution. — Only if the judge
of the court to which the case was originally
raffled is convinced that settlement is still
possible, the case may be referred to another
court for judicial dispute resolution. The judicial
dispute resolution shall be conducted within a
non-extendible period of fifteen (15) calendar
days from notice of failure of the court-annexed
mediation.
If judicial dispute resolution fails, trial before the
original court shall proceed on the dates agreed
upon.
All proceedings during the court-annexed
mediation and the judicial dispute resolution shall
be confidential. (Section 9, Rule 18)
- JDR is a process whereby the judge (called
the JDR Judge) employs conciliation,
mediation or early neutral evaluation in
order to settle a case at the pre-trial stage.
In the event the JDR fails, then another
judge (called the trial judge) shall proceed
to hear and decide the case.
r. What is the effect of failure to attend
CAM and JDR proceedings?
- Failure to appear at either CAM or JDR is
deemed as non-appearance at the pre-trial
and shall merit the same sanctions as
failure to appear therein under Section 5
of Rule 18.
s. Read Rule 19.
t. Who may intervene?
Who may intervene. — A person who has a legal
interest in the matter in litigation, or in the
success of either of the parties, or an interest
against both, or is so situated as to be adversely
affected by a distribution or other disposition of
property in the custody of the court or of an
officer thereof may, with leave of court, be
allowed to intervene in the action. The court shall
consider whether or not the intervention will
unduly delay or prejudice the adjudication of the
rights of the original parties, and whether or not
the intervenor's rights may be fully protected in a
separate proceeding. (Section 1, Rule 19)
- Intervention is a proceeding in a suit or
action by which a third person is
permitted by the court to make himself a
party, either joining plaintiff in claiming
what is sought by the complaint or uniting
with the defendant in resisting the claims
of the plaintiff, or demanding something
adversely from both of them.
- It is the act or proceeding by which a third
person becomes a party in a suit pending
between others.
- It is also the admission, by leave of court,
of a person not an original party to
pending legal proceedings, by which such
person becomes a party thereto for the
protection of some right or interest alleged
by him to be affected by such proceedings.
- It is not a right but a matter that is left to
the court’s discretion.
- Purpose: not to obstruct or unnecessarily
delay the placid operation of the
machinery of trial, but merely to afford
one, not an original party, yet having a
certain right or interest in the pending
case, the opportunity to appear and be
joined so he could assert or protect such
right or interest (must be actual, material,
direct, and immediate, not simply
contingent and expectant).
 u. What are the requisites for
intervention? Discuss each.
- Intervention shall be allowed when a
person has:
(1) A legal interest in the matter in
litigation; or
(2) A legal interest in the success of
either of the parties; or
(3) A legal interest against both
parties; or
(4) When he is so situated as to be
adversely affected by a distribution
or disposition of property in the
custody of the court or an officer
thereof.
- The court must also take into
consideration whether or not:
(5) The intervention will unduly delay
or prejudice the adjudication of the
rights of the original parties; and
(6) The intervenor’s right or interest
can be adequately pursued and
protected in a separate proceeding.
v. What is the time to intervene?
Time to intervene. — The motion to intervene
may be filed at any time before rendition of
judgment by the trial court. A copy of the
pleading-in-intervention shall be attached to the
motion and served on the original parties.
(Section 2, Rule 19)
- No intervention is allowed after the
judgment has become final.
- Before a decision is rendered, the Court
may still allow the introduction of
additional evidence by applying the liberal
interpretation of the period for trial which
may be akin to reopening of trial.
- Exceptions: when demanded by the higher
interest of justice; to afford indispensable
parties, who have not been impleaded, the
right to be heard even after a decision has
been rendered by the trial court, when the
petition for review of the judgment has
already been submitted for decision before
the Supreme Court, and even where the
assailed order has already become final
and executory; where it is necessary to
protect some interest which cannot
otherwise be protected, and may be
allowed for the purpose of preserving the
intervenors right to appeal.
w. When must the
pleading-in-intervention be filed?
Pleadings-in-intervention. — The intervenor shall
file a complaint-in-intervention if he or she
asserts a claim against either or all of the original
parties, or an answer-in-intervention if he or she
unites with the defending party in resisting a
claim against the latter. (Section 3, Rule 19)
x. When must the answer to the
complaint-in-intervention be filed?
Answer to complaint-in-intervention. — The
answer to the complaint-in-intervention shall be
filed within fifteen (15) calendar days from notice
of the order admitting the same, unless a different
period is fixed by the court. (Section 4, Rule 19)
y. Read Rule 20.
z. How are cases assigned to the
different branches of a court?
Assignment of cases. — The assignment of cases
to the different branches of a court shall be done
exclusively by raffle. The assignment shall be
done in open session of which adequate notice
shall be given so as to afford interested parties the
opportunity to be present. (Section 2, Rule 20)
- No case may be assigned to any branch of
court without being raffled.
- The procedure for the raffling of cases is of
vital importance to the administration of
justice because it is intended to ensure the
impartial adjudication of cases.
- By raffling the cases, public suspicion
regarding the assignment of cases to
predetermined judges is obviated.
- Purpose: to equalize the distribution of the
cases among the several branches, and
thereby foster the Court’s policy of
promoting speedy and efficient disposition
of cases; and to ensure the impartial
adjudication of cases and thereby obviate
any suspicion regarding assignment of
cases to predetermined judges.
aa. Read Rule 21.
bb.What is a subpoena?
Subpoena and subpoena duces tecum. —
Subpoena is a process directed to a person
requiring him or her to attend and to testify at the
hearing or the trial of an action, or at any
investigation conducted by competent authority,
or for the taking of his or her deposition. It may
also require him or her to bring with him or her
any books, documents, or other things under his
or her control, in which case it is called a
subpoena duces tecum. (Section 1, Rule 21)
cc. What is subpoena ad testificandum?
- A process to cause a witness to appear and
give testimony, commanding him to lay
aside all pretences and excuses, and
appear before a court therein named, at a
time therein mentioned, to testify for the
party named, under a penalty therein
mentioned.
- Used to compel a person to testify.
dd. What is a subpoena duces tecum?
Subpoena and subpoena duces tecum. —
Subpoena is a process directed to a person
requiring him or her to attend and to testify at the
hearing or the trial of an action, or at any
investigation conducted by competent authority,
or for the taking of his or her deposition. It may
also require him or her to bring with him or her
any books, documents, or other things under his
or her control, in which case it is called a
subpoena duces tecum. (Section 1, Rule 21)
- A subpoena duces tecum is a type of
subpoena that requires the witness to
produce a document or documents
pertinent to a proceeding.
- A writ ordering a person to attend a court
and bring relevant documents.
- Used to compel the production of books,
records, things, or documents therein
specified.
ee. What shall be contained in a
subpoena?
Form and contents. — A subpoena shall state the
name of the court and the title of the action or
investigation, shall be directed to the person
whose attendance is required, and in the case of a
subpoena duces tecum, it shall also contain a
reasonable description of the books, documents
or things demanded which must appear to the
court prima facie relevant. (Section 3, Rule 21)
ff. When may a subpoena be quashed?
Quashing a subpoena. — The court may quash a
subpoena duces tecum upon motion promptly
made and, in any event, at or before the time
specified therein if it is unreasonable and
oppressive, or the relevancy of the books,
documents or things does not appear, or if the
person in whose behalf the subpoena is issued
fails to advance the reasonable cost of the
production thereof.
The court may quash a subpoena ad testificandum
on the ground that the witness is not bound
thereby. In either case, the subpoena may be
quashed on the ground that the witness fees and
kilometrage allowed by these Rules were not
tendered when the subpoena was served. (Section
4, Rule 21)
ff.1. Discuss In Re: Petition For
Cancellation and Correction of
Entries in the Record of Birth,
Emma K. Lee, vs. Court of Appeals,
et al., G.R. No. 177861, 13 July 2010.
gg. May the judge, who issued the
subpoena, issue a warrant of arrest
to compel the attendance of person
subpoenaed? Explain.
Compelling attendance. — In case of failure of a
witness to attend, the court or judge issuing the
subpoena, upon proof of the service thereof and of
the failure of the witness, may issue a warrant to
the sheriff of the province, or his or her deputy, to
arrest the witness and bring him or her before the
court or officer where his or her attendance is
required, and the cost of such warrant and seizure
of such witness shall be paid by the witness if the
court issuing it shall determine that his or her
failure to answer the subpoena was willful and
without just excuse. (Section 8, Rule 21)
hh. May a person, without adequate
cause, refuse to obey a subpoena? Is
such refusal considered a contempt
of court?
Contempt. — Failure by any person without
adequate cause to obey a subpoena served upon
him or her shall be deemed a contempt of the
court from which the subpoena is issued. If the
subpoena was not issued by a court, the
disobedience thereto shall be punished in
accordance with the applicable law or Rule.
(Section 9, Rule 21)
ii. Read Rule 22.
 jj. How are the periods allowed in the
rules counted?
How to compute time. — In computing any period
of time prescribed or allowed by these Rules, or
by order of the court, or by any applicable statute,
the day of the act or event from which the
designated period of time begins to run is to be
excluded and the date of performance included. If
the last day of the period, as thus computed, falls
on a Saturday a Sunday, or a legal holiday in the
place where the court sits, the time shall not run
until the next working day. (Section 1, Rule 22)

jj.1. Discuss Vir-jen Shipping and

Marine Services, Inc. v. NLRC, G.R.
No. L-58011-12 July 20, 1982.

jj.2. Discuss Yapdianco v.

Buencamino, G.R. No. L-28841, 24
June 1983.

kk.What happens when there is an

interruption of the period?
Effect of interruption. — Should an act be done
which effectively interrupts the running of the
period, the allowable period after such
interruption shall start to run on the day after
notice of the cessation of the cause thereof.
The day of the act that caused the interruption
shall be excluded in the computation of the
period. (Section 2, Rule 22)
WEEK 12
a. Read Rule 23 to Rule 29. (Rules 23
to 29 cover the modes of discovery).
b. What is the importance of rules of
discovery?
- The experience of other jurisdictions
convincingly demonstrates that resort to
the various modes of discovery effectively
shortens the period of litigation and
speeds up adjudication.
- The various modes or instruments of
discovery are meant to serve:
(1) As a device, along with the pre-trial
hearing under Rule 20 (now, Rule
18), to narrow and clarify the basic
issues between the parties, and
(2) As a device for ascertaining the
facts relative to those issues.
- Purpose: to repeat, to enable the parties,
consistent with recognized privileges, to
obtain the fullest possible knowledge of
the issues and facts before civil trials and
thus prevent that said trials are carried on
in the dark.
- Objective: to give every party the fullest
possible information of all the relevant
facts before the trial as to obtain evidence
for use upon said trial.
c. What are the modes of discovery?
(1) Depositions pending action (Rule 23)
(2) Depositions before action or pending
appeal (Rule 24)
(3) Interrogatories to parties (Rule 25)
(4) Admission by adverse party (Rule 26)
(5) Production or inspection of documents or
things (Rule 27)
(6) Physical and mental examination of
persons (Rule 28)
d. What is discovery?
- In general, discovery is defined as the
disclosure of facts resting in the
knowledge of the defendant, or as the
production of deeds, writings, or things in
his possession or power, in order to
maintain the right or title of the party
asking it, in a suit or proceeding.
e. What is deposition?
- Technical and appropriate sense: is the
written testimony of a witness given in the
course of a judicial proceeding, in advance
of the trial or hearing upon oral
examination.
- It may be taken at any time after the
institution of any action, whenever
necessary or convenient.
- It is the testimony of a witness taken upon
oral question or written interrogatories,
not in open court, but in pursuance of a
commission to take testimony issued by
court, or under a general law or court rule
on the subject, and reduce to writing and
duly authenticated, and intended to be
used in preparation and upon the trial of a
civil or a criminal prosecution.
- It is a pretrial discovery device by which
one party (through his or her attorney) ask
oral questions of the other party or of a
witness for the other party.
- It is chiefly a mode of discovery whose
primary function is to supplement the
pleadings for the purpose of disclosing the
real points of dispute between the parties
and affording an adequate factual basis
during the preparation for trial.
- Since depositions are principally made
available to the parties as a means of
informing themselves of all the relevant
facts, depositions are not meant as
substitute for the actual testimony in open
court of a party or witness.
- Generally, the deponent must be
presented for oral examination in open
court at the trial or hearing. This is a
requirement of the rules on evidence
under Section 1, Rule 132 of the Rules of
Court.
f. What are the purposes of taking
depositions?
(1) Give greater assistance to the parties in
ascertaining the truth and in checking and
preventing perjury.
(2) Provide an effective means of detecting
and exposing false, fraudulent claims and
defenses.
(3) Make available in a simple, convenient,
and inexpensive way, facts which
otherwise could not be proved except with
great difficulty.
 (4) Educate the parties in advance of trial as
to the real value of their claims and
defenses thereby encouraging settlements.
(5) Expedite litigation.
(6) Safeguard against surprise.
(7) Prevent delay.
(8) Simplify and narrow the issues.
(9) Expedite and facilitate both preparation
and trial.
g. Read Rule 30.
h. What are the rules observed in
scheduling of trials?
Schedule of trial. — The parties shall strictly
observe the scheduled hearings as agreed upon
and set forth in the pre-trial order.
(a) The schedule of the trial dates, for both
plaintiff and defendant, shall be continuous and
within the following periods:
I. The initial presentation of plaintiff s
evidence shall be set not later than thirty
(30) calendar days after the termination of
the pre-trial conference. Plaintiff shall be
allowed to present its evidence within a
period of three (3) months or ninety (90)
calendar days which shall include the date
of the judicial dispute resolution, if
necessary;
II. The initial presentation of defendant's
evidence shall be set not later than thirty
(30) calendar days after the court's ruling
on plaintiffs formal offer of evidence. The
defendant shall be allowed to present its
evidence within a period of three (3)
months or ninety (90) calendar days;
III. The period for the presentation of
evidence on the third (fourth, etc.)-party
claim, counterclaim or cross-claim shall be
determined by the court, the total of which
shall in no case exceed ninety (90)
calendar days; and
IV. If deemed necessary, the court shall set
the presentation of the parties' respective
rebuttal evidence, which shall be
completed within a period of thirty (30)
calendar days.
(b) The trial dates may be shortened depending
on the number of witnesses to be presented,
provided that the presentation of evidence of all
parties shall be terminated within a period often
(10) months or three hundred (300) calendar
days. If there are no third (fourth, etc.)-party
claim, counterclaim or cross-claim, the
presentation of evidence shall be terminated
within a period of six (6) months or one hundred
eighty (180) calendar days.
(c) The court shall decide and serve copies of its
decision to the parties within a period not
exceeding ninety (90) calendar days from the
submission of the case for resolution, with or
without memoranda. (Section 1, Rule 30)
i. Discuss adjournments and
postponements?
Adjournments and postponements. — A court
may adjourn a trial from day to day, and to any
stated time, as the expeditious and convenient
transaction of business may require, but shall
have no power to adjourn a trial for a longer
period than one month for each adjournment, nor
more than three months in all, except when
authorized in writing by the Court Administrator,
Supreme Court.
The party who caused the postponement is
warned that the presentation of its evidence must
still be terminated on the remaining dates
previously agreed upon. (Section 2, Rule 30)
j. What is the effect of postponements
without cause?
- Should the opposing party fail to appear
without valid cause, the presentation of
the scheduled witness will proceed with
the absent party being deemed to have
waived the right to interpose objection and
conduct cross-examination.
k. What are the requisites to postpone
due to illness?
Requisites of motion to postpone trial for illness
of party or counsel. — A motion to postpone a
trial on the ground of illness of a party or counsel
may be granted if it appears upon affidavit or
sworn certification that the presence of such party
or counsel at the trial is indispensable and that
the character of his or her illness is such as to
render his or her non-attendance excusable.
(Section 3, Rule 30)
- Requisites of motion to postpone for
illness: an affidavit showing that:
(1) The presence of the party or
counsel at the trial is
indispensable, and
 (2) The character of his illness is such
to render non-attendance
excusable.
l. State the Order of Trial as
enumerated in Section 5 of Rule 30
of the Rules of Court.
Order of trial. — Subject to the provisions of
Section 2 of Rule 31, and unless the court for
special reasons otherwise directs, the trial shall be
limited to the issues stated in the pre-trial order
and shall proceed as follows:
(a) The plaintiff shall adduce evidence in
support of his or her complaint;
(b) The defendant shall then adduce evidence
in support of his or her defense,
counterclaim, cross-claim and third-party
complaint;
(c) The third-party defendant, if any, shall
adduce evidence of his or her defense,
counterclaim, cross-claim and
fourth-party complaint;
(d) The fourth-party, and so forth, if any, shall
adduce evidence of the material facts
pleaded by them;
(e) The parties against whom any
counterclaim or cross-claim has been
pleaded, shall adduce evidence in support
of their defense, in the order to be
prescribed by the court;
(f) The parties may then respectively adduce
rebutting evidence only, unless the court,
for good reasons and in the furtherance of
justice, permits them to adduce evidence
upon their original case; and
(g) Upon admission of the evidence, the case
shall be deemed submitted for decision,
unless the court directs the parties to
argue or to submit their respective
memoranda or any further pleadings.
If several defendants or third-party
defendants, and so forth, having separate
defenses appear by different counsel, the
court shall determine the relative order of
presentation of their evidence. (Section 5,
Rule 30)
- The order of trial shall be as follows:
(1) Plaintiff’s evidence in support of
complaint;
(2) Defendant’s evidence in support of
defense, counterclaim, cross-claim,
and third-party complaint;
(3) Third-party defendant’s evidence
of his or her defense, counterclaim,
cross-claim, and fourth-party
complaint, if any;
(4) Fourth-party defendant’s, and so
forth, evidence of the material facts
pleaded, if any;
(5) Counterclaim defendant’s or
cross-claim defendant’s evidence
in support of defense, if any, in the
order to be prescribed by the court;
(6) Rebuttal evidence only, unless the
court, for good reasons and in the
furtherance of justice, permits
evidence upon the original case;
and
(7) Upon admission of the evidence,
the case shall be deemed submitted
for for decision, unless the court
directs the parties to argue or to
submit their respective
memoranda or any further
pleadings.
m. What is a formal offer of exhibits?
Oral offer of exhibits. — The offer of evidence, the
comment or objection thereto, and the court
ruling shall be made orally in accordance with
Sections 35 to 40 of Rule 132. (Section 6, Rule 30)
- Formal offer means that the offering party
shall inform the court of the purpose of
introducing its exhibits into evidence, to
assist the court in ruling on their
admissibility in case the adverse party
objects.
- The Rule specifically provides that
evidence must be formally offered to be
considered by the court.
- Evidence not offered is excluded in the
determination of the case.
- Failure to make a formal offer within a
considerable period of time shall be
deemed a waiver to submit it.
- Necessary because judges are mandated to
rest their findings of facts and their
judgment only and strictly upon the
evidence offered by the parties at the trial.
- Function: to enable the trial judge to know
the purpose or purposes for which the
proponent is presenting the evidence.
- This allows the opposing parties to
examine the evidence and object to its
admissibility.
 - It facilitates review as the appellate court
will not be required to review documents
not previously scrutinized by the trial
court.
n. How is a formal offer of exhibits
done?
- Parties must be given the opportunity to
review the evidence submitted against
them and take the necessary actions to
secure their case. Hence, any document or
object that was marked for identification is
not evidence unless it was “formally
offered and the opposing counsel [was]
given an opportunity to object to it or
cross-examine the witness called upon to
prove or identify it.”
o. When is suspension of an action
allowed?
Suspension of actions. — The suspension of
actions shall be governed by the provisions of the
Civil Code and other laws. (Section 8, Rule 30)
- According to Article 2030 of the Civil
Code, civil action or proceeding may be
suspended:
(1) If willingness to discuss a possible
compromise is expressed by one or
both parties; or
(2) If it appears that one of the parties,
before the commencement of the
action or proceeding, offered to
discuss a possible compromise but
the other party refused the other.
- (Article 2030) the duration and the terms
of the suspension of the civil action or
proceeding and similar matters shall be
governed by such provisions of the Rules
of Court as the Supreme Court shall
promulgate. Said Rules of Court shall
likewise provide for the appointment and
duties of amicable compounders.
p. Is a judge allowed to delegate the
reception of evidence? When?
Judge to receive evidence; delegation to clerk of
court. — The judge of the court where the case is
pending shall personally receive the evidence to
be adduced by the parties. However, in default or
ex parte hearings, and in any case where the
parties agree in writing, the court may delegate
the reception of evidence to its clerk of court who
is a member of the bar. The clerk of court shall
have no power to rule on objections to any
question or to the admission of exhibits, which
objections shall be resolved by the court upon
submission of his or her report and the
transcripts within ten (10) calendar days from
termination of the hearing. (Section 9, Rule 30)
q. Read Rule 31.
r. What is consolidation? When is it
proper?
Consolidation. — When actions involving a
common question of law or fact are pending
before the court, it may order a joint hearing or
trial of any or all the matters in issue in the
actions; it may order all the actions consolidated,
and it may make such orders concerning
proceedings therein as may tend to avoid
unnecessary costs or delay. (Section 1, Rule 31)
- Consolidation is a procedural device
granted to the court as an aid in deciding
how cases in its docket are to be tried so
that the business of the court may be
dispatched expeditiously while providing
justice to the parties.
- Consolidation is proper wherever the
subject matter involved and the relief
demanded in the different suits make it
expedient for the court to determine all of
the issues involved and adjudicate the
rights of the parties by hearing the suits
together.
- Purpose: to avoid multiplicity of suits,
guard against oppression and abuse,
prevent delays, clear congested dockets,
and simplify the work of the trial court.
- It aims to attain justice with the least
expense and vexation to the
party-litigants.
r.1. Discuss Bank of Commerce v.
Hon. Bernabe, G.R. No. 172393, 20
October 2010.
s. When is a separate trial allowed
under Section 2 of Rule 31?
Separate trials. — The court, in furtherance of
convenience or to avoid prejudice, may order a
separate trial of any claim, cross-claim,
counterclaim, or third-party complaint, or of any
separate issue or of any number of claims,
cross-claims, counterclaims, third-party
complaints or issues. (Section 2, Rule 31)
 - In view of liberal provisions of the Rules of
Court regarding joinder of causes of action
and permissive joinder of parties, a single
action may involve several actions, some
of which affect only certain parties thereto.
In such case, separate trials may be held
for those not affected.
t. Read Rule 32.
u. What is trial by commissioner?
When is it allowed?
Reference by consent. — By written consent of
both parties, the court may order any or all of the
issues in a case to be referred to a commissioner
to be agreed upon by the parties or to be
appointed by the court. As used in these Rules,
the word "commissioner" includes a referee, an
auditor and an examiner. (Section 1, Rule 32)
- Special civil actions in which
commissioners are appointed:
(1) Eminent domain
(2) Partition of real estate
v. Who is considered a commissioner
under Rule 32?
As used in these Rules, the word "commissioner"
includes a referee, an auditor and an examiner.
(Section 1, Rule 32)
w. What are the contents of the
commissioner’s report?
Report of commissioner. — Upon the completion
of the trial or hearing or proceeding before the
commissioner, he or she shall file with the court
his or her report in writing upon the matters
submitted to him or her by the order of reference.
When his or her powers are not specified or
limited, he or she shall set forth his or her
findings of fact and conclusions of law in his or
her report. He or she shall attach thereto all
exhibits, affidavits, depositions, papers and the
transcript, if any, of the testimonial evidence
presented before him or her. (Section 9, Rule 32)
x. What is the weight of
commissioner’s findings of fact?
- Under Section 11 of Rule 32, it is made the
duty of the court to render judgment in
accordance with the record, as through the
facts had been found by the judge himself,
unless the court shall for cause shown set
aside the report or order it to be
recommitted to the referee
(commissioner) for further findings.
- The weight which should be conceded to
the referee’s findings of fact will
necessarily depend largely on the peculiar
conditions of each case; and it would seem
advisable to leave the courts free to deal
with each case in the light of certain
general principles of jurisprudence
familiar to all.
y. What is the effect of the failure of a
party to file a timely objection to the
commissioner’s report?
- If a party fails to file opportunely his
objections to the report of the
commissioner or referee, such that the
record does not disclose the objections
thereto, questions relating to the report
cannot be reviewed and he cannot dispute
the findings in the report or escape the
legal consequences flowing therefrom.
z. Read Rule 33.
aa. What is demurrer to evidence?
- A demurrer to evidence is a motion to
dismiss on the ground of insufficiency of
evidence. It is a remedy available to the
defendant, to the effect that the evidence
produced by the plaintiff is insufficient in
point of law, whether true or not, to make
out a case or sustain an issue.
bb.When is a demurrer to evidence in
civil cases filed?
Demurrer to evidence. — After the plaintiff has
completed the presentation of his or her evidence,
the defendant may move for dismissal on the
ground that upon the facts and the law the
plaintiff has shown no right to relief. If his or her
motion is denied, he or she shall have the right to
present evidence. If the motion is granted but on
appeal the order of dismissal is reversed, he or
she shall be deemed to have waived the right to
present evidence. (Section 1, Rule 33)
- It can be filed after plaintiff completed the
presentation of his evidence. This is
exactly after the court ruled on the
plaintiff's formal offer of evidence.
- A demurrer to evidence may be issued
when, upon facts and the law, the plaintiff
has shown no right to relief.
- Where the plaintiff’s evidence together
with such inferences and conclusions as
may reasonably be drawn therefrom does
not warrant recovery against the
defendant, a demurrer to evidence must
be sustained.
- A demurrer to evidence is likewise
sustainable when, admitting every proven
fact favorable to the plaintiff and
indulging in his favor all conclusions fairly
and reasonably inferable therefrom, the
plaintiff has failed to make out one or
more material elements of his case, or
when there is no evidence to support an
allegation necessary to his claim.
- It should be sustained where the plaintiff’s
evidence is prima facie insufficient for
recovery.
cc. Is leave of court necessary before a
demurrer to evidence in civil cases
is filed?
- In civil cases, there's no need for leave of
court.
dd. Distinguish between a demurrer
to evidence in civil actions and a
demurrer to evidence in criminal
cases.
(1) Leave of court. In a civil case, leave of
court is not required before filing a
demurrer. In a criminal case, leave of
court may be filed with or without leave of
court.
(2) Effect if granted. In a civil case, if the
demurrer is granted the order of dismissal
is appealable. In a criminal case, if the
demurrer is granted, the order of
dismissal is not appealable because it will
constitute double jeopardy.
(3) Effect if denied. In a civil case, if a
demurrer is denied, the defendant may
proceed to present his evidence. In a
criminal case, if the demurrer is denied,
the accused may adduce his evidence only
if the demurrer is field with leave of court.
(4) Motu proprio. In a civil case, the court
cannot render a demurrer to evidence
motu proprio. In a criminal case, the court
can render a demurrer to evidence on its
own initiative after giving the
prosecution the opportunity to be heard.
ee. Discuss the effect of a demurrer to
evidence in a civil action when: (a) it
is granted by a trial court; or (b)
denied by a trial court.
(a) The grant of the demurrer to evidence is a
pronouncement by the court that the
evidence of plaintiff is not sufficient to
prove his case. Hence, the case is
dismissed.
(b) From the point of view of the court, the
evidence of plaintiff is sufficient prima
facie to support his case.
ff. What is the remedy if the trial court
denies a party’s demurrer to
evidence?
Action on demurrer to evidence. — A demurrer to
evidence shall be subject to the provisions of Rule
15.
The order denying the demurrer to evidence shall
not be subject of an appeal or petition for
certiorari, prohibition or mandamus before
judgment. (Section 2, Rule 33)
- The remedy of the defendant is to present
his evidence. The court should set the date
for the reception of the defendant’s
evidence-in-chief.
- An order denying a demurrer to evidence
is interlocutory and is therefore, not
appealable. It can however be the subject
of a petition for certiorari under Rule 65 in
case of grave abuse of discretion or an
oppressive exercise of judicial authority.
gg. Read Rule 34.
hh. What is judgment on the
pleadings?
Judgment on the pleadings. — Where an answer
fails to tender an issue, or otherwise admits the
material allegations of the adverse party's
pleading, the court may; on motion of that party,
direct judgment on such pleading. However, in
actions for declaration of nullity or annulment of
marriage or for legal separation, the material facts
alleged in the complaint shall always be proved.
(Section 1, Rule 34)
- Judgment on the pleadings is based
exclusively upon the allegations appearing
in the pleadings of the parties and the
annexes, if any, without consideration of
any evidence aliunde.
 ii. When is it proper? When is it
improper?
- Proper: (1) when it fails to tender an issue;
and (2) when otherwise admits the
material allegations of the adverse party’s
pleading. It is proper when what is left are
not genuine issues requiring trial but
questions concerning the proper
interpretation of the provisions of some
written contract attached to the pleadings.
- Improper: (1) when the answer raises an
issue; and (2) in actions for declaration of
nullity or annulment of marriage or for
legal separation.
mm. When is it proper? When is it
improper?
- Proper: when, upon motion of the plaintiff
or the defendant, the court finds that the
answer filed by the defendant does not
tender a genuine issue as to any material
fact and that one party is entitled to a
judgment as a matter of law.
- Improper: when a genuine and vital
factual issue exists.

jj. Read Rule 35.

kk.What is a summary judgment?

Summary judgment for claimant. — A party
seeking to recover upon a claim, counterclaim, or
cross-claim or to obtain a declaratory relief may,
at any time after the pleading in answer thereto
has been served, move with supporting affidavits,
depositions or admissions for a summary
judgment in his or her favor upon all or any part
thereof. (Section 1, Rule 35)
- Summary judgment is a procedural device
resorted to in order to avoid long drawn
out litigations and useless delays where
the pleadings on file show that there are
no genuine issues of fact to be tried.

ll. What is the test to determine if

moving for a summary judgment is
the proper remedy?
- The presence or absence of a genuine issue
as to any material fact.
- When the pleadings on file show that there
are no genuine issues of fact to be tried,
the Rules allow a party to obtain
immediate relief by way of summary
judgment, that is, when the facts are not in
dispute, the court is all0wed to decide the
case summarily by applying the law to the
material facts.
- Even if on their face the pleadings appear
to raise issues, when the affidavits,
depositions, and admissions show that
such issues are not genuine, then
summary judgment must ensue as a
matter of law.
WEEK 13
a. Read Rule 36.
b. What is a judgment? What should be
contained in a judgment?
Rendition of judgments and final orders. — A
judgment or final order determining the merits of
the case shall be in writing personally and directly
prepared by the judge, stating clearly and
distinctly the facts and the law on which it is
based, signed by him, and filed with the clerk of
the court. (Section 1, Rule 36)
- Judgment is a court decision that settles a
dispute between two parties by
determining the rights and obligations of
each party.
- Judgment is the law’s last work in a
judicial controversy.
- It is the final consideration and
determination of a court of competent
jurisdiction upon the matters submitted to
it, in an action or proceeding.
- It is the conclusion of the law upon the
matters contained in the record, or the
application of the law to the pleadings and
to the facts, as found by the court or
admitted by the parties, or deemed to exist
upon their default in a course of a judicial
proceedings.
c.1. Discuss Go v. East Oceanic
Leasing and Financing Corp., G.R.
No. 206841, 19 January 2018.
c. What is a final order?
Entry of judgments and final orders. — If no
appeal or motion for new trial or reconsideration
is filed within the time provided in these Rules,
the judgment or final order shall forthwith be
entered by the clerk in the book of entries of
judgments. The date of finality of the judgment or
final order shall be deemed to be the date of its
entry. The record shall contain the dispositive
part of the judgment or final order and shall be
signed by the clerk, within a certificate that such
judgment or final order has become final and
executory. (Section 2, Rule 36)
- Final order is final order is the disposition
of the subject matter in its entirety or
termination of a particular proceeding or
action, which leaves nothing else to be
done but to enforce by execution what has
been determined by the court.
- An order or judgment is deemed final
when it finally disposes of the pending
action so that nothing more can be done
with it in the trial court.
d. Distinguish a final order from an
interlocutory order.
- A judgment or order is considered final if
the order disposes of the action or
proceeding completely, or terminates a
particular stage of the same action; in such
case, the remedy available to an aggrieved
party is appeal. If the order or resolution,
however, merely resolves incidental
matters and leaves something more to be
done to resolve the merits of the case, the
order is interlocutory and the aggrieved
party’s remedy is a petition for certiorari
under Rule 65.
- As distinguished from a final order
which disposes of the subject
matter in its entirety or terminates
a particular proceeding or action,
leaving nothing else to be done but
to enforce by execution what has
been determined by the court, an
interlocutory order does not
dispose of a case completely, but
leaves something more to be
adjudicated upon. The term “final”
judgment or order signifies a
judgment or an order which
disposes of the case as to all the
parties, reserving no further
questions or directions for future
determination.
- On the other hand, a court order is
merely interlocutory in character if
it leaves substantial proceedings
yet to be had in connection with
the controversy. It does not end the
task of the court in adjudicating
the parties’ contentions and
determining their rights and
liabilities as against each other. In
this sense, it is basically
provisional in its application.
e. What are the constitutional
requirements in writing a decision?
- The form and content of a Decision is
provided for in the Constitution, Article 8,
Section 14, to wit:
SEC. 14. No decision shall be rendered by
any court without expressing therein
clearly and distinctly the facts and the law
on which it is based.
No petition for review or motion for
reconsideration of a decision of the court
shall be refused due course or denied
without stating the legal basis therefor.
- Except for the second paragraph, which
was introduced only in the present
charter, Section 14 has been in force since
the Constitution of 1935. The provision
was recast in affirmative terms in the 1973
Constitution, but has been virtually
restored to the original form in the
Constitution of 1987, to apply to all courts,
including the municipal courts. The
purpose has always been the same, viz., to
inform the person reading the decision,
and especially the parties, of how it was
reached by the court after consideration of
the pertinent facts and examination of the
applicable laws.
- Rule 36, Section 1 of the 1997 Rules on
Civil Procedure provides:
Rendition of judgments and final orders.
— A judgment or final order determining
the merits of the case shall be in writing
personally and directly prepared by the
judge, stating clearly and distinctly the
facts and the law on which it is based,
signed by him, and filed with the clerk of
the court. (Section 1, Rule 36)
f. What is a memorandum decision? Is
it valid?
- A memorandum decision is the judgment
or final resolution of a court in appealed
cases may adopt by reference the findings
of fact and conclusions of law contained in
the decision or final order appealed from.
- To be valid, it cannot incorporate the
findings of fact and the conclusions of law
of the lower court only by remote
reference, which is to say that the
challenged decision is not easily and
immediately available to the person
reading the memorandum decision.
g. What is the period to decide cases?
- According to the Internal Rules of the
Supreme Court,
Period for deciding or resolving cases. –
The Court shall decide or resolve all cases
within twenty-four months from the date
of submission for resolution. A case shall
be deemed submitted for decision or
resolution upon the filling of the last
pleading, brief, or memorandum that the
Court or its Rules require.
The Member-in-charge, assigned to
oversee the progress and disposition of a
case, who is unable to decide or resolve the
oldest cases within that period shall
request the Court en banc for an extension
of the period, stating the ground for the
request. The Court shall act on the request
as it sees fit, according to the
circumstances of the case.
Should a Member object to the request,
the Court shall grant a final extension of
thirty days within the Member-in-Charge
shall report the case for deliberation,
falling which, the case shall be re-raffled to
another Member who shall submit the
report within thirty days from assignment.
(Section 1, Rule 13)
- According to the 1987 Constitution,
Section 15. (1) All cases or matters filed
after the effectivity of this Constitution
must be decided or resolved within
twenty-four months from date of
submission for the Supreme Court, and,
unless reduced by the Supreme Court,
twelve months for all lower collegiate
courts, and three months for all other
lower courts.
(2) A case or matter shall be deemed
submitted for decision or resolution upon
the filing of the last pleading, brief, or
memorandum required by the Rules of
Court or by the court itself.
(3) Upon the expiration of the
corresponding period, a certification to
this effect signed by the Chief Justice or
the presiding judge shall forthwith be
issued and a copy thereof attached to the
record of the case or matter, and served
upon the parties. The certification shall
state why a decision or resolution has not
been rendered or issued within said
period.
 (4) Despite the expiration of the applicable
mandatory period, the court, without
prejudice to such responsibility as may
have been incurred in consequence
thereof, shall decide or resolve the case or
matter submitted thereto for
determination, without further delay.
(Article VIII, Section 15)
h. What is judgment on the merits?
- A judgment may be considered as one
rendered on the merits when it determines
the rights and liabilities of the parties
based on the disclosed facts, irrespective
of formal, technical, or dilatory objections;
or when the judgment is rendered after a
determination of which party is right, as
distinguished from a judgment rendered
upon some preliminary or formal or
merely technical point.
i. What is the dispositive portion?
- The dispositive portion or the fallo is what
actually constitutes the resolution of the
court and which is the subject of
execution, although the other parts of the
decision may be resorted to in order to
determine the ratio decidendi for such a
resolution.
j. When will a judgment attain
finality?
Entry of judgments and final orders. — If no
appeal or motion for new trial or reconsideration
is filed within the time provided in these Rules,
the judgment or final order shall forthwith be
entered by the clerk in the book of entries of
judgments. The date of finality of the judgment or
final order shall be deemed to be the date of its
entry. The record shall contain the dispositive
part of the judgment or final order and shall be
signed by the clerk, within a certificate that such
judgment or final order has become final and
executory. (Section 2, Rule 36)
- A judgment becomes "final and executory"
by operation of law. Finality of judgment
becomes a fact upon the lapse of the
reglementary period to appeal if no appeal
is perfected. In such a situation, the
prevailing party is entitled to a writ of
execution, and issuance thereof is a
ministerial duty of the court.
k. What is an entry of judgment?
Entry of judgments and final orders. — If no
appeal or motion for new trial or reconsideration
is filed within the time provided in these Rules,
the judgment or final order shall forthwith be
entered by the clerk in the book of entries of
judgments. The date of finality of the judgment or
final order shall be deemed to be the date of its
entry. The record shall contain the dispositive
part of the judgment or final order and shall be
signed by the clerk, within a certificate that such
judgment or final order has become final and
executory. (Section 2, Rule 36)
- Entry of judgment is a final recording of
the decision and opinion, if the court
made one.
- The entry of judgment is made after it has
become final, i.e., upon the expiration of
15 days after notice thereof to the parties
(Section 8, Rule 53, as modified by a
resolution of the Supreme Court dated
October 1, 1945).
- The recording of the judgment or order in
the book of entries of judgments shall
constitute its entry. The record shall
contain the dispositive part of the
judgment or order and shall be signed by
the clerk, with a certificate that such
judgment or order has become final and
executory".
l. What are the kinds of judgment?
Discuss each.
Judgment for or against one or more of several
parties. — Judgment may be given for or against
one or more of several plaintiffs and for or against
one or more of several defendants. When justice
so demands, the court may require the parties on
each side to file adversary pleadings as between
themselves and determine their ultimate rights
and obligations. (Section 3, Rule 36)
Several judgments. — In an action against several
defendants, the court may, when a several
judgment is proper, render judgment against one
or more of them, leaving the action to proceed
against the others. (Section 4, Rule 36)
Separate judgments. — When more than one
claim for relief is presented in an action, the
court, at any stage, upon a determination of the
issues material to a particular claim and all
counterclaims arising out of the transaction or
occurrence which is the subject matter of the
claim, may render a separate judgment disposing
of such claim. The judgment shall terminate the
action with respect to the claim so disposed of and
the action shall proceed as to the remaining
claims. In case a separate judgment is rendered
the court by order may stay its enforcement until
the rendition of a subsequent judgment or
judgments and may prescribe such conditions as
may be necessary to secure the benefit thereof to
the party in whose favor the judgment is
rendered. (Section 5, Rule 36)
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. (Section 6, Rule 36)
m. What is the scope of a judgment?
n. Is amendment of final judgment
allowed? Discuss immutability of
judgments.
- Section 7 of Rule 116 of the Rules of Court
provides:
Modification of judgment. — A judgment
of conviction may be modified or set aside
by the court rendering it before the
judgment has become final or appeal has
been perfected. A judgment in criminal
case becomes final after the lapse of the
period for perfecting an appeal, or when
the sentence has been partially or totally
satisfied or served, or the defendant has
expressly waived in writing his right to
appeal.
- The doctrine of immutability of judgment
bars the court from modifying decisions
that have already attained finality even if
the purpose of the modification is to
correct errors of fact or law
- The relaxation of the rule of immutability
of judgment may be allowed to serve the
ends of justice, practicality, logic and
fairness.
o. What are the exceptions to principle
of immutability of judgments?
- The only recognized exceptions to the rule
on the immutability of judgments are:
(1) The correction of clerical errors;
(2) The so-called nunc pro tunc entries
which cause no prejudice to any
party;
(3) Void judgments; and
(4) Whenever circumstances transpire
after the finality of the decision
rendering its execution unjust and
inequitable.
o.1. Discuss One Shipping Corp. v.
Penafiel, G.R. No. 192406, 21
January 2015.
p. Discuss the doctrine of
conclusiveness of judgment.
- Under the doctrine of conclusiveness of
judgment, facts and issues actually and
directly resolved in a former suit cannot
again be raised in any future case between
the same parties, even if the latter suit
may involve a different claim or cause of
action.
- The doctrine states that a fact or question
which was in issue in a former suit, and
was there judicially passed on and
determined by a court of competent
jurisdiction, is conclusively settled by the
judgment therein, as far as concerns the
parties to that action and persons in
privity with them, and cannot be again
litigated in any future action between such
parties or their privies, in the same court
or any other court of concurrent
jurisdiction on either the same or a
different cause of action, while the
judgment remains unreversed or
unvacated by proper authority. The only
identities thus required for the operation
of the judgment as an estoppel x x x are
identity of parties and identity of issues.
q. What is the principle of law of the
case?
- The principle that if the highest appellate
court has determined a legal question and
returned the case to the court below for
additional proceedings, the question will
not be determined differently on a
subsequent appeal in the same case where
the facts remain the same.
r. Read Rule 37.
s. What is a new trial?
- New trial is a repeat inquiry by the same
court into all or some of the issues in an
 action for the purpose of correcting a
problem (as the improper admission of
evidence) in the prior trial, determining
the merits of a challenge (as that the
verdict is contrary to law) to the prior
outcome, or considering newly discovered
evidence
t. What are the grounds for a new
trial? Discuss the grounds.
Grounds of and period for filing motion for new
trial or reconsideration. — Within the period for
taking an appeal, the aggrieved party may move
the trial court to set aside the judgment or final
order and grant a new trial for one or more of the
following causes materially affecting the
substantial rights of said party:
(a) Fraud, accident, mistake or excusable
negligence which ordinary prudence could
not have guarded against and by reason of
which such aggrieved party has probably
been impaired in his rights; or
(b) Newly discovered evidence, which he
could not, with reasonable diligence, have
discovered and produced at the trial, and
which if presented would probably alter
the result. (Section 1, Rule 37)
- A judgment rendered on the basis of a
compromise agreement between the
parties in a civil case is final,
unappealable, and immediately executory.
However, if one of the parties claims that
his consent was obtained through fraud,
mistake, or duress, he must file a motion
with the trial court that approved the
compromise agreement to reconsider the
judgment and nullify or set aside said
contract on any of the said grounds for
annulment of contract within 15 days from
notice of judgment. The said party can file
a motion for new trial or reconsideration
based on fraud, accident or mistake,
excusable negligence, or newly discovered
evidence.
- Fraud: only extrinsic or collateral fraud is
a ground for annulling a judgment. It
refers to any fraudulent act of the
successful party in a litigation which is
committed outside the trial of the case
against the defeated party, or his agents,
attorneys or witnesses, whereby said
defeated party is prevented from
presenting fully and fairly his side of case.
- Accident: where one party meets with an
accident and, consequently, fails to to
attend the trial. Illness constitutes
accident over which a party has no control.
- Mistake: the mistake that is allowable in
Rule 37 is one which ordinary prudence
could not have guarded against, such as
when one party, fails to answer the
complaint and the court renders judgment
against him by default. Mistakes of
attorneys are not proper grounds for new
trial.
- Excusable negligence: negligence to be
excusable must also be one which ordinary
diligence and prudence could not have
guarded against and by reason of which
the rights of an aggrieved party have
probably been impaired.
t.1. Discuss Multi-Trans Agency
Phils. Inc. v. Oriental Assurance
Corp., G.R. No. 180817, 23 June
2009.
u. When should a motion for new trial
be filed?
- A motion for a new trial of reconsideration
must be filed within the period of 15 days
from the promulgation of the judgment of
conviction of the defendant.
- If a motion for a new trial of
reconsideration is filed within the period
of 15 days from the promulgation of the
judgment of conviction of the defendant,
as the motion filed in the present case, it
may be decided or passed upon validly at
any time thereafter by the court.
v. Distinguish new trial from
reconsideration.
- New trial: proper only after rendition or
promulgation of judgment but has not
been final; fraud, accident, mistake and
excusable negligence; newly-discovered
evidence are the only grounds; there has
to be a motion that has to be filed.
- Reconsideration: doesn’t open the case for
further proceedings; the court is merely
asked to reconsider its finding of law in
order to make them conformable to the
law applicable to the case; no longer any
new trial or hearing that will take place
 and the judgment will be based on the
pleadings submitted by the parties.
w. Distinguish new trial from
reopening.
- New trial: proper only after rendition or
promulgation of judgment but has not
been final; fraud, accident, mistake and
excusable negligence; newly-discovered
evidence are the only grounds; there has
to be a motion that has to be filed.
- Reopening: may properly be presented
only after either both parties have formally
offered and closed their evidence, but
before judgment; it is still possible to have
trials or hearings; there has been no
judgment rendered yet.
x. What are the grounds for a motion
for reconsideration? When is it
filed?
Within the same period, the aggrieved party may
also move for reconsideration upon the grounds
that the damages awarded are excessive, that the
evidence is insufficient to justify the decision or
final order, or that the decision or final order is
contrary to law. (Section 1, Rule 37)
y. What are the contents of a motion
for new trial or reconsideration?
Contents of motion for new trial or
reconsideration and notice thereof. — The motion
shall be made in writing stating the ground or
grounds therefor, a written notice of which shall
be served by the movant on the adverse party.
A motion for new trial shall be proved in the
manner provided for proof of motion. A motion
for the cause mentioned in paragraph (a) of the
preceding section shall be supported by affidavits
of merits which may be rebutted by affidavits. A
motion for the cause mentioned in paragraph (b)
shall be supported by affidavits of the witnesses
by whom such evidence is expected to be given, or
by duly authenticated documents which are
proposed to be introduced in evidence.
A motion for reconsideration shall point out a
specifically the findings or conclusions of the
judgment or final order which are not supported
by the evidence or which are contrary to law
making express reference to the testimonial or
documentary evidence or to the provisions of law
alleged to be contrary to such findings or
conclusions.
A pro forma motion for new trial or
reconsideration shall not toll the reglementary
period of appeal. (Section 2, Rule 37)
z. What is an affidavit of merit?
- An affidavit of merit is the affidavit stating
the facts constituting the petitioner’s good
and substantial cause of action or defense,
as the case may be.
aa. When is a motion considered pro
forma? What is its effect?
- Where a motion for new trial on the
ground of fraud, etc. is unaccompanied by
either or both affidavits, or where a
motion for new trial on the ground of
newly discovered evidence is
unaccompanied by an affidavit of the
efforts exerted in discovering the new
evidence as well as the nature thereof, the
motion is pro forma a scrap of paper, and
will not interrupt the running of the
period of appeal.
- A motion for reconsideration interrupts
the running of the period to appeal, unless
the motion is pro forma. This is now
expressly set forth in the last paragraph of
Section 2, Rule 37, 1997 Rules of Civil
Procedure. A motion for reconsideration
based on the foregoing grounds is deemed
pro forma if the same does not specify the
findings or conclusions in the judgment
which are not supported by the evidence
or contrary to law, making express
reference to the pertinent evidence or legal
provisions. It is settled that although a
motion for reconsideration may merely
reiterate issues already passed upon by the
court, that by itself does not make it pro
forma and is immaterial because what is
essential is compliance with the requisites
of the Rules.
bb.What is the period for resolving a
motion for new trial or
reconsideration?
Resolution of motion. — A motion for new trial or
reconsideration shall be resolved within thirty
(30) days from the time it is submitted for
resolution. (Section 4, Rule 37)
cc. What is the effect of granting a
motion for new trial?
Effect of granting of motion for new trial. — If a
new trial is granted in accordance with the
provisions of this Rules the original judgment or
final order shall be vacated, and the action shall
stand for trial de novo; but the recorded evidence
taken upon the former trial, insofar as the same is
material and competent to establish the issues,
shall be used at the new trial without retaking the
same. (Section 6, Rule 37)
- The evidence affected by the fraud,
accident, mistake, or excusable negligence
should be retaken. But if the new trial is
granted on the ground of newly discovered
evidence, the evidence already taken will
stand.
- After a new trial has been held, the court
shall render a new judgment which is
appealable.
- If the order granting a new trial is set
aside, the original judgment is deemed
repromulgated.
dd. Is a partial new trial allowed?
What is its effect?
Partial new trial or reconsideration. — If the
grounds for a motion under this Rule appear to
the court to affect the issues as to only a part, or
less than an of the matter in controversy, or only
one, or less than all, of the parties to it, the court
may order a new trial or grant reconsideration as
to such issues if severable without interfering with
the judgment or final order upon the rest.
(Section 7, Rule 37)
Effect of order for partial new trial. — When less
than all of the issues are ordered retried, the court
may either enter a judgment or final order as to
the rest, or stay the enforcement of such judgment
or final order until after the new trial. (Section 8,
Rule 37)
ee. What is the remedy if a motion for
new trial or reconsideration is
denied?
Remedy against order denying a motion for new
trial or reconsideration. — An order denying a
motion for new trial or reconsideration is not
appealed, the remedy being an appeal from the
judgment or final order. (Section 9, Rule 37)
- The remedy against an order denying a
motion for reconsideration is not to appeal
said order of denial but to appeal from the
judgment or final order of the court.
- The denial of the motion for new trial or
reconsideration may be questioned by
certiorari under Rule 65.
ff. Read Rule 38.
gg. What is relief from judgment?
Petition for relief from judgment, order, or other
proceedings. — When a judgment or final order is
entered, or any other proceeding is thereafter
taken against a party in any court through fraud,
accident, mistake, or excusable negligence, he
may file a petition in such court and in the same
case praying that the judgment, order or
proceeding be set aside. (Section 1, Rule 38)
- Relief from judgment is a remedy
provided by law to any person against
whom a decision or order is entered
through fraud, accident, mistake, or
excusable negligence.
- It is a remedy, equitable in character, that
is allowed only in exceptional cases when
there is no other available or adequate
remedy.
hh. When is it available?
- It is allowed only in exceptional cases
when there is no other available or
adequate remedy.
- To set aside a judgment through a petition
for relief, parties must file the petition
within 60 days from notice of the
judgment and within six (6) months after
the judgment or final order was entered;
otherwise, the petition shall be dismissed
outright.
ii. What are the grounds for relief from
judgment?
- The grounds for relief from judgment are
fraud, accident, mistake, or excusable
negligence.
jj. Is an affidavit of merit required?
- Affidavit of merit and hearing on the
petition is necessary.
- Under our Rules of Court, an affidavit of
merit must not only contain facts
constituting the movant's good and
substantial defenses but must also state
the nature and character of the fraud,
accident, mistake or excusable negligence
on which the motion for relief was based.
WEEK 14
a. Read Rule 39.
b. What is execution?
- Execution is the putting into effect of a
legal instrument or order.
- It is the process of enforcing a legal
judgment.
c. When is execution a matter of right?
Execution upon judgments or final orders. —
Execution shall issue as a matter of right, or
motion, upon a judgment or order that disposes
of the action or proceeding upon the expiration of
the period to appeal therefrom if no appeal has
been duly perfected.
If the appeal has been duly perfected and finally
resolved, the execution may forthwith be applied
for in the court of origin, on motion of the
judgment obligee, submitting therewith certified
true copies of the judgment or judgments or final
order or orders sought to be enforced and of the
entry thereof, with notice to the adverse party.
The appellate court may, on motion in the same
case, when the interest of justice so requires,
direct the court of origin to issue the writ of
execution. (Section 1, Rule 39)
- Instances when execution may be had:
(1) After a decision or order has
become final and executory;
(2) Pending appeal, only upon good
reasons to be stated in a special
ordr after due hearing; and
(3) Execution of several, separate or
partial judgments.
- As a matter of law, once a judgment
becomes final, the prevailing party is
entitled as a matter of right to a writ of
execution.
- The rule is clear that it becomes
mandatory or ministerial duty of the court
to issue a writ of execution to enforce the
judgment which has become executory.
d. What is executed?
- The judgment which has become
executory is executed.
e. Distinguish between final
judgements and final and executory
judgments?
- Judgments are "final" in the sense that
they finally dispose of, adjudicate, or
determine the rights of the parties in the
case. But such judgments are not yet "final
and executory" pending the expiration of
the reglementary period for appeal.
During that period, execution of the
judgment cannot yet be demanded by the
winning party as a matter of right.
- Judgments become “final and executory”
by operation of law. Finality of judgment
becomes a fact upon the lapse of the
reglementary period to appeal if no appeal
is perfected. In such a situation, the
prevailing party is entitled to a writ of
execution, and issuance thereof is a
ministerial duty of the court.
f. When is execution discretionary?
Discretionary execution. —
(a) Execution of a judgment or final order
pending appeal. — On motion of the
prevailing party with notice to the adverse
party filed in the trial court while it has
jurisdiction over the case and is in
possession of either the original record or
the record on appeal, as the case may be,
at the time of the filing of such motion,
said court may, in its discretion, order
execution of a judgment or final order
even before the expiration of the period to
appeal.
After the trial court has lost jurisdiction
the motion for execution pending appeal
may be filed in the appellate court.
Discretionary execution may only issue
upon good reasons to be stated in a special
order after due hearing.
(b) Execution of several, separate or partial
judgments. — A several, separate or partial
judgment may be executed under the same
terms and conditions as execution of a
judgment or final order pending appeal.
(Section 2, Rule 39)
g. What are the requisites for
execution pending appeal? Explain
each.
(1) A motion by the prevailing party with
notice to the adverse party;
(2) Good reasons for issuing the execution;
and
 (3) The good reasons must be stated in a
special order.
h. How is discretionary execution
stayed?
Stay of discretionary execution. — Discretionary
execution issued under the preceding section may
be stayed upon approval by the proper court of a
sufficient supersedeas bond filed by the party
against whom it is directed, conditioned upon the
performance of the judgment or order allowed to
be executed in case it shall be finally sustained in
whole or in part. The bond thus given may be
proceeded against on motion with notice to the
surety. (Section 3, Rule 39)
- The stay of execution by the filing and
approval of a supersedeas bond may be
allowed at the discretion of the court
which granted the motion for execution
pending appeal, be it the trial or the
appellate court.
i. Which judgments are not stayed by
appeal?
Judgments not stayed by appeal. — Judgments in
actions for injunction, receivership, accounting
and support, and such other judgments as are
now or may hereafter be declared to be
immediately executory, shall be enforceable after
their rendition and shall not, be stayed by an
appeal taken therefrom, unless otherwise ordered
by the trial court. On appeal therefrom, the
appellate court in its discretion may make an
order suspending, modifying, restoring or
granting the injunction, receivership, accounting,
or award of support.
The stay of execution shall be upon such terms as
to bond or otherwise as may be considered proper
for the security or protection of the rights of the
adverse party. (Section 4, Rule 39)
- Other judgments in actions declared to be
immediately executory and not stayed by
the filing of an appeal:
(1) Compromise,
(2) Forcible entry and unlawful
detainer,
(3) Direct contempt, and
(4) Expropriation.
j. What is the effect of reversal of
executed judgment?
Effect of reversal of executed judgment. — Where
the executed judgment is reversed totally or
partially, or annulled, on appeal or otherwise, the
trial court may, on motion, issue such orders of
restitution or reparation of damages as equity and
justice may warrant under the circumstances.
(Section 5, Rule 39)
k. What is a motion for execution?
When may it be filed?
Execution by motion or by independent action. —
A final and executory judgment or order may be
executed on motion within five (5) years from the
date of its entry. After the lapse of such time, and
before it is barred by the statute of limitations, a
judgment may be enforced by action. The revived
judgment may also be enforced by motion within
five (5) years from the date of its entry and
thereafter by action before it is barred by the
statute of limitations. (Section 6, Rule 39)
- Writ of Execution refers to an order
directing the Sheriff to enforce,
implement, or satisfy the judgment which
shall be effective for a period of five (5)
years.
l. What is the remedy against a court’s
refusal to issue writ of execution?
m. When may an execution of final
judgment be stayed?
- Court of Appeals may stay the writ of
execution issued by the RTC should
circumstances so require
- Stay of execution is an order by a court to
temporarily stop an action or an earlier
court decision being carried out: Rather
than allow a bank to foreclose on a
mortgage, a court will sometimes give you
a stay of execution.
- Stay of execution. — Except by special
order of the court, no execution shall issue
upon a final judgment rendered in a Court
of First Instance until after the period for
perfecting a bill of exceptions has expired.
But the filing of a bill of exceptions shall of
itself stay execution until the final
determination of the action, unless for
special reasons stated in the bill of
exceptions the court shall order that
execution be not stayed, in which event
execution may at once issue. But the court
may require as a condition of a stay of
execution that a bond shall be given
 reasonably sufficient to secure the
performance of the judgment appealed
from in case it be affirmed in part or
wholly.
- To stay the immediate execution of the
judgment in an ejectment case, the
defendant must perfect an appeal, file a
supersedeas bond, and periodically
deposit the rentals becoming due during
the pendency of the appeal. Otherwise, the
writ of execution will issue upon motion of
the plaintiff.
n. Discuss the issuance, form, and
contents of a writ of execution.
Issuance, form and contents of a writ of
execution. — The writ of execution shall: (1) issue
in the name of the Republic of the Philippines
from the court which granted the motion; (2)
state the name of the court, the case number and
title, the dispositive part of the subject judgment
or order; and (3) require the sheriff or other
proper officer to whom it is directed to enforce the
writ according to its terms, in the manner
hereinafter provided:
(a) If the execution be against the property of
the judgment obligor, to satisfy the
judgment, with interest, out of the real or
personal property of such judgment
obligor;
(b) If it be against real or personal property in
the hands of personal representatives,
heirs, devisees, legatees, tenants, or
trustees of the judgment obligor, to satisfy
the judgment, with interest, out of such
property;
(c) If it be for the sale of real or personal
property to sell such property describing
it, and apply the proceeds in conformity
with the judgment, the material parts of
which shall be recited in the writ of
execution;
(d) If it be for the delivery of the possession of
real or personal property, to deliver the
possession of the same, describing it, to
the party entitled thereto, and to satisfy
any costs, damages, rents, or profits
covered by the judgment out of the
personal property of the person against
whom it was rendered, and if sufficient
personal property cannot be found, then
out of the real property; and
(e) In all cases, the writ of execution shall
specifically state the amount of the
interest, costs, damages, rents, or profits
due as of the date of the issuance of the
writ, aside from the principal obligation
under the judgment. For this purpose, the
motion for execution shall specify the
amounts of the foregoing reliefs sought by
the movant.(Section 8, Rule 39)
o. Is an order of execution appealable?
Subject of Appeal. — An appeal may be taken
from a judgment or final order that completely
disposes of the case, or of a particular matter
therein when declared by these Rules to be
appealable.
No appeal may be taken from:
1. An order denying a motion for new trial or
reconsideration;
2. An order denying a petition for relief or
any similar motion seeking relief from
judgment;
3. An interlocutory order;
4. An order disallowing or dismissing an
appeal;
5. An order denying a motion to set aside a
judgment by consent, confession or
compromise on the ground of fraud,
mistake or duress, or any other ground
vitiating consent;
6. An order of execution;
7. A judgment or final order for or against
one or more of several parties or in
separate claims, counterclaims,
cross-claims and third-party complaints,
while the main case is pending, unless the
court allows an appeal therefrom; and
8. An order dismissing an action without
prejudice.
In all the above instances where the judgment or
final order is not appealable, the aggrieved party
may file an appropriate special civil action under
Rule 65. (Section 1, Rule 41)
- Section 1(f) of Rule 41 of the Revised Rules
of Court expressly provides that no appeal
may be taken from an order of execution.
- The basis for the rule prohibiting appeals
from orders of execution is the doctrine of
immutability of final judgments. Under
this doctrine, a final and executory
judgment, however erroneous, can no
longer be amended, modified, or set aside,
 whether by the court rendering it or by an
appellate court.
p. What is revival of judgment?
- An action to revive a judgment is an
action whose exclusive purpose is to
enforce a judgment which could no longer
be enforced by mere motion.
- A judgment is revived only when the same
cannot be enforced by motion, that is,
after five years from the time it becomes
final. A revived judgment can be enforced
by motion within five years from its
finality.
q. When may a writ of execution be
quashed?
- A writ of execution may thus be quashed
when it appears that it has been
improvidently issued, or that it is defective
in substance, or is issued against the
wrong party, or that the judgment debt
has been paid, or when the writ has been
issued without authority, etc.
r. What are the steps to be followed in
enforcing a money judgment?
Execution of judgments for money, how
enforced. —
(a) Immediate payment on demand. — The
officer shall enforce an execution of a
judgment for money by demanding from
the judgment obligor the immediate
payment of the full amount stated in the
writ of execution and all lawful fees. The
judgment obligor shall pay in cash,
certified bank check payable to the
judgment obligee, or any other form of
payment acceptable to the latter, the
amount of the judgment debt under
proper receipt directly to the judgment
obligee or his authorized representative if
present at the time of payment. The lawful
fees shall be handed under proper receipt
to the executing sheriff who shall turn over
the said amount within the same day to
the clerk of court of the court that issued
the writ.
If the judgment obligee or his authorized
representative is not present to receive
payment, the judgment obligor shall
deliver the aforesaid payment to the
executing sheriff. The latter shall turn over
all the amounts coming into his possession
within the same day to the clerk of court of
the court that issued the writ, or if the
same is not practicable, deposit said
amounts to a fiduciary account in the
nearest government depository bank of
the Regional Trial Court of the locality.
The clerk of said court shall thereafter
arrange for the remittance of the deposit
to the account of the court that issued the
writ whose clerk of court shall then deliver
said payment to the judgment obligee in
satisfaction of the judgment. The excess, if
any, shall be delivered to the judgment
obligor while the lawful fees shall be
retained by the clerk of court for
disposition as provided by law. In no case
shall the executing sheriff demand that
any payment by check be made payable to
him.
(b) Satisfaction by levy. — If the judgment
obligor cannot pay all or part of the
obligation in cash, certified bank check or
other mode of payment acceptable to the
judgment obligee, the officer shall levy
upon the properties of the judgment
obligor of every kind and nature
whatsoever which may be disposed, of for
value and not otherwise exempt from
execution giving the latter the option to
immediately choose which property or
part thereof may be levied upon, sufficient
to satisfy the judgment. If the judgment
obligor does not exercise the option, the
officer shall first levy on the personal
properties, if any, and then on the real
properties if the personal properties are
insufficient to answer for the judgment.
The sheriff shall sell only a sufficient
portion of the personal or real property of
the judgment obligor which has been
levied upon.
When there is more property of the
judgment obligor than is sufficient to
satisfy the judgment and lawful fees, he
must sell only so much of the personal or
real property as is sufficient to satisfy the
judgment and lawful fees.
Real property, stocks, shares, debts,
credits, and other personal property, or
any interest in either real or personal
property, may be levied upon in like
 manner and with like effect as under a writ
of attachment.
(c) Garnishment of debts and credits. — The
officer may levy on debts due the
judgment obligor and other credits,
including bank deposits, financial
interests, royalties, commissions and other
personal property not capable of manual
delivery in the possession or control of
third parties. Levy shall be made by
serving notice upon the person owing such
debts or having in his possession or
control such credits to which the judgment
obligor is entitled. The garnishment shall
cover only such amount as will satisfy the
judgment and all lawful fees.
The garnishee shall make a written report
to the court within five (5) days from
service of the notice of garnishment
stating whether or not the judgment
obligor has sufficient funds or credits to
satisfy the amount of the judgment. If not,
the report shall state how much funds or
credits the garnishee holds for the
judgment obligor. The garnished amount
in cash, or certified bank check issued in
the name of the judgment obligee, shall be
delivered directly to the judgment obligee
within ten (10) working days from service
of notice on said garnishee requiring such
delivery, except the lawful fees which shall
be paid directly to the court.
In the event there are two or more
garnishees holding deposits or credits
sufficient to satisfy the judgment, the
judgment obligor, if available, shall have
the right to indicate the garnishee or
garnishees who shall be required to deliver
the amount due, otherwise, the choice
shall be made by the judgment obligee.
The executing sheriff shall observe the
same procedure under paragraph (a) with
respect to delivery of payment to the
judgment obligee. (Section 9, Rule 39)
s. What is satisfaction by levy?
(b) Satisfaction by levy. — If the judgment obligor
cannot pay all or part of the obligation in cash,
certified bank check or other mode of payment
acceptable to the judgment obligee, the officer
shall levy upon the properties of the judgment
obligor of every kind and nature whatsoever
which may be disposed, of for value and not
otherwise exempt from execution giving the latter
the option to immediately choose which property
or part thereof may be levied upon, sufficient to
satisfy the judgment. If the judgment obligor does
not exercise the option, the officer shall first levy
on the personal properties, if any, and then on the
real properties if the personal properties are
insufficient to answer for the judgment.
The sheriff shall sell only a sufficient portion of
the personal or real property of the judgment
obligor which has been levied upon.
When there is more property of the judgment
obligor than is sufficient to satisfy the judgment
and lawful fees, he must sell only so much of the
personal or real property as is sufficient to satisfy
the judgment and lawful fees.
Real property, stocks, shares, debts, credits, and
other personal property, or any interest in either
real or personal property, may be levied upon in
like manner and with like effect as under a writ of
attachment. (Section 9, Subparagraph b, Rule 39)
- Levy is defined as the act or acts by which
an officer of the law and the court sets
apart or appropriates a part or the whole
of the judgment obligor’s property for the
purpose of eventually conducting an
execution sale to the end that the writ of
execution may be satisfied, and the
judgment debt, paid.
- The sheriff is required to first make a
demand on the obligor for the immediate
payment of the full amount stated in the
writ of execution before a levy can be
made.
t. What is garnishment?
- Garnishment has been defined as a specie
of attachment for reaching credits
belonging to the judgment obligor and
owing to him from a stranger to the
litigation.
- Under Rule 39, the garnishee is obliged to
deliver the credits, etc. to the proper
officer issuing the writ and the law
exempts from liability the person having
in his possession or under his control any
credits or other personal property
belonging to the defendant if such
property be delivered or transferred to the
clerk, sheriff, or other officer of the court
in which the action is pending.
 u. Discuss execution of judgments for
specific act.
Execution of judgments for specific act. —
(a) Conveyance, delivery of deeds, or other
specific acts; vesting title. — If a judgment
directs a party to execute a conveyance of
land or personal property, or to deliver
deeds or other documents, or to perform,
any other specific act in connection
therewith, and the party fails to comply
within the time specified, the court may
direct the act to be done at the cost of the
disobedient party by some other person
appointed by the court and the act when
so done shall have like effect as if done by
the party. If real or personal property is
situated within the Philippines, the court
in lieu of directing a conveyance thereof
may by an order divest the title of any
party and vest it in others, which shall
have the force and effect of a conveyance
executed in due form of law. (10a)
(b) Sale of real or personal property. — If the
judgment be for the sale of real or
personal property, to sell such property,
describing it, and apply the proceeds in
conformity with the judgment. (8[c]a)
(c) Delivery or restitution of real property. —
The officer shall demand of the person
against whom the judgment for the
delivery or restitution of real property is
rendered and all persons claiming rights
under him to peaceably vacate the
property within three (3) working days,
and restore possession thereof to the
judgment obligee, otherwise, the officer
shall oust all such persons therefrom with
the assistance, if necessary, of appropriate
peace officers, and employing such means
as may be reasonably necessary to retake
possession, and place the judgment
obligee in possession of such property.
Any costs, damages, rents or profits
awarded by the judgment shall be satisfied
in the same manner as a judgment for
money. (13a)
(d) Removal of improvements on property
subject of execution. — When the property
subject of the execution contains
improvements constructed or planted by
the judgment obligor or his agent, the
officer shall not destroy, demolish or
remove said improvements except upon
special order of the court, issued upon
motion of the judgment obligee after the
hearing and after the former has failed to
remove the same within a reasonable time
fixed by the court. (14a)
(e) Delivery of personal property. — In
judgment for the delivery of personal
property, the officer shall take possession
of the same and forthwith deliver it to the
party entitled thereto and satisfy any
judgment for money as therein provided.
(Section 10, Rule 39)
v. What are the properties exempt
from execution?
Property exempt from execution. — Except as
otherwise expressly provided by law, the following
property, and no other, shall be exempt from
execution:
(a) The judgment obligor's family home as
provided by law, or the homestead in
which he resides, and land necessarily
used in connection therewith;
(b) Ordinary tools and implements personally
used by him in his trade, employment, or
livelihood;
(c) Three horses, or three cows, or three
carabaos, or other beasts of burden, such
as the judgment obligor may select
necessarily used by him in his ordinary
occupation;
(d) His necessary clothing and articles for
ordinary personal use, excluding jewelry;
(e) Household furniture and utensils
necessary for housekeeping, and used for
that purpose by the judgment obligor and
his family, such as the judgment obligor
may select, of a value not exceeding one
hundred thousand pesos;
(f) Provisions for individual or family use
sufficient for four months;
(g) The professional libraries and equipment
of judges, lawyers, physicians,
pharmacists, dentists, engineers,
surveyors, clergymen, teachers, and other
professionals, not exceeding three
hundred thousand pesos in value;
(h) One fishing boat and accessories not
exceeding the total value of one hundred
thousand pesos owned by a fisherman and
by the lawful use of which he earns his
livelihood;
 (i) So much of the salaries, wages, or earnings
of the judgment obligor for his personal
services within the four months preceding
the levy as are necessary for the support of
his family;
(j) Lettered gravestones;
(k) Monies, benefits, privileges, or annuities
accruing or in any manner growing out of
any life insurance;
(l) The right to receive legal support, or
money or property obtained as such
support, or any pension or gratuity from
the Government;
(m)Properties specially exempted by law.
But no article or species of property mentioned in
this section shall be exempt from execution issued
upon a judgment recovered for its price or upon a
judgment of foreclosure of a mortgage thereon.
(Section 13, Rule 39)
w. What is the lifetime of a writ of
execution?
Return of writ of execution. — The writ of
execution shall be returnable to the court issuing
it immediately after the judgment has been
satisfied in part or in full. If the judgment cannot
be satisfied in full within thirty (30) days after his
receipt of the writ, the officer shall report to the
court and state the reason therefor. Such writ
shall continue in effect during the period within
which the judgment may be enforced by motion.
The officer shall make a report to the court every
thirty (30) days on the proceedings taken thereon
until the judgment is satisfied in full, or its
effectivity expires. The returns or periodic reports
shall set forth the whole of the proceedings taken,
and shall be filed with the court and copies
thereof promptly furnished the parties. (Section
14, Rule 39)
- The 1997 Rules of Court fixes the life at 5
years from the date of the entry of
judgment.
- A final and executory judgment or order
may be executed on motion within five (5)
years from the date of its entry. (Section 6,
Rule 39)
x. May real property sold by virtue of a
writ of execution be redeemed?
- Yes, real property sold by virtue of a writ
of execution may be redeemed before its
expiration which is 1 year from the date of
the registration of the certification of sale.
y. Who may redeem the property?
Who may redeem real property so sold. — Real
property sold as provided in the last preceding
section, or any part thereof sold separately, may
be redeemed in the manner hereinafter provided,
by the following persons:
(a) The judgment obligor; or his successor in
interest in the whole or any part of the
property;
(b) A creditor having a lien by virtue of an
attachment, judgment or mortgage on the
property sold, or on some part thereof,
subsequent to the lien under which the
property was sold. Such redeeming
creditor is termed a redemptioner.
(Section 27, Rule 39)
z. When must it be made?
Time and manner of, and amounts payable on,
successive redemptions; notice to be given and
filed. — The judgment obligor, or redemptioner,
may redeem the property from the purchaser, at
any time within one (1) year from the date of the
registration of the certificate of sale, by paying the
purchaser the amount of his purchase, with the
per centum per month interest thereon in
addition, up to the time of redemption, together
with the amount of any assessments or taxes
which the purchaser may have paid thereon after
purchase, and interest on such last named
amount at the same rate; and if the purchaser be
also a creditor having a prior lien to that of the
redemptioner, other than the judgment under
which such purchase was made, the amount of
such other lien, with interest.
Property so redeemed may again be redeemed
within sixty (60) days after the last redemption
upon payment of the sum paid on the last
redemption, with two per centum thereon in
addition and the amount of any assessments or
taxes which the last redemptioner may have paid
thereon after redemption by him, with interest on
such last named amount, and in addition, the
amount of any liens held by said last
redemptioner prior to his own, with interest. The
property may be again, and as often as a
redemptioner is so disposed, redeemed from any
previous redemptioner within sixty (60) days
after the last redemption, on paying the sum paid
on the last previous redemption, with two per
centum thereon in addition, and the amounts of
any assessments or taxes which the last previous
redemptioner paid after the redemption thereon,
with interest thereon, and the amount of any liens
held by the last redemptioner prior to his own,
with interest.
Written notice of any redemption must be given
to the officer who made the sale and a duplicate
filed with the registry of deeds of the place, and if
any assessments or taxes are paid by the
redemptioner or if he has or acquires any lien
other than that upon which the redemption was
made, notice thereof must in like manner be given
to the officer and filed with the registry of deeds;
if such notice be not filed, the property may be
redeemed without paying such assessments,
taxes, or liens. (Section 28, Rule 39)
aa. May a foreign judgment be enforced
in the Philippines?
- Foreign judgments may be enforced in the
Philippines under procedural rules or
jurisprudence. Rule 39, Section 48 of the
Rules of Court primarily governs the
enforcement of foreign judgments.
- A foreign judgment is presumed to be
valid and binding in the country from
which it comes, until a contrary showing,
on the basis of a presumption of regularity
of proceedings and the giving of due notice
in the foreign forum.
- In order to enforce a foreign judgment in
the Philippines, it is necessary to file an
action based on said judgment.
- A party may enforce a foreign court
judgment or final order (“foreign
judgment”) in the Philippines by filing a
petition for enforcement with the
appropriate Regional Trial Court (“RTC”).
dd. May a foreign judgment granting
divorce be recognized in the
country?
- According to Article 26 of the Family
Code,
Where a marriage between a Filipino
citizen and a foreigner is validly celebrated
and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating
him or her to remarry, the Filipino spouse
shall have capacity to remarry under
Philippine law. (As amended by Executive
Order 227)
dd.1. Discuss Fujiki v. Marinay, G.R.
No. 196049, 26 June 2013.
dd.2. Discuss Nullada v. Civil
Registrar of Manila, G.R. No.
224548, 23 January 2019

bb.What is the effect of a foreign

judgment?
Effect of foreign judgments or final orders. —
The effect of a judgment or final order of a
tribunal of a foreign country, having jurisdiction
to render the judgment or final order is as follows:
(a) In case of a judgment or final order upon a
specific thing, the judgment or final order,
is conclusive upon the title to the thing,
and
(b) In case of a judgment or final order
against a person, the judgment or final
order is presumptive evidence of a right as
between the parties and their successors in
interest by a subsequent title.
In either case, the judgment or final order may be
repelled by evidence of a want of jurisdiction,
want of notice to the party, collusion, fraud, or
clear mistake of law or fact. (Section 48, Rule 39)

cc. What should be done to enforce a

foreign judgment in the Philippines?