Practice Court 1: As Lectured by Atty. Rickson Buenviaje, With Excerpts From Riano's Book

PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
PRACTICE
COURT 1
as lectured by Atty. Rickson Buenviaje,
with excerpts from Riano’s book
DISCLAIMER
The following are the materials used for this work:
1. Lectures of Atty. Rickson Buenviaje

2. “Civil Procedure (The Bar Lectures Series) Volume 1” (2019) by Dean Willard
Riano; and
Some of the contents of the above have been paraphrased and questions propounded differently
in order to tailor the author’s learning method.
Answers to some questions are likewise tailored to the personal preference of the author.
I do not guaranty the absolute correctness of this work due to human errors and failure to
understand the question or concept perfectly. I apologize in advance for any error you may
encounter in this work.
However, please see to it that the error is an opportunity to learn, as Dean Jose Sundiang
puts it “The beauty of an error is to correct it, and not to perpetuate it.”
2| Pag
e
TABLE OF CONTENTS
FRAMEWORK OF CIVIL PROCEDURE.........................................................................1
Stages in Civil Procedure.........................................................................................................2
CAUSE OF ACTION.........................................................................................................2
Elements of cause of action.....................................................................................................2
Act v. omission........................................................................................................................2
Is it enough that there is an act or omission for the ROC to come into play?.......................2
Is Cause of Action synonymous with Right of Action?............................................................2
Cause of Action v. Right of Action..........................................................................................2
Where no cause of action exists, can there be a right of action?................................................2
Is the right of action restricted to the plaintiff only?................................................................2
When will the Rules of Court begin to apply............................................................................2
When can a complaint be filed?...............................................................................................3
Is verification confined to the kinds of pleadings under the ROC.............................................3
PREPARATION OF COMPLAINT..................................................................................3
Rules considered......................................................................................................................3
Rule 2; Cause of Action...........................................................................................................3
Rule 3; Parties to Civil Actions................................................................................................3
Indispensable parties...............................................................................................................3
Rule 4; Venue of Actions.........................................................................................................3
Venue in criminal v. civil actions.............................................................................................3
Venue of real actions v. personal actions..................................................................................3
Rule 6; Kinds of Pleadings.......................................................................................................4
Pleadings allowed....................................................................................................................4
Rule 7; Parts of a Pleading.......................................................................................................4
Rule 8; Manner of Making Allegations in Pleadings.................................................................4
Rule 9; Effect of Failure to Plead.............................................................................................4
Rule 10; Amended and Supplemental Pleadings.......................................................................4
Rule 11; When to File Responsive Pleadings............................................................................4
Rule 13; Filing and Service of Pleadings and Other Papers.......................................................4
FILING AND SERVICE....................................................................................................4
What is included under the filing of the complaint?..................................................................4
Filing v. service.......................................................................................................................4
To whom should filing be made..............................................................................................5
After the OCC found the pleadings filed to be sufficient, what is his duty?..............................5
How much docket fees should be paid?...................................................................................5
What proof is needed in order to consider one as an indigent party?........................................5
Assume that the party failed to pay correct and full docket fees,
should the court dismiss it outright?.........................................................................................5
INTERIM REMEDIES AFTER FILING AND SERVICE...........................................5
Motion to dismiss.................................................................................................................5
Dismissal upon notice by plaintiff.....................................................................................5
Rule as to the nature of the dismissal......................................................................................6
Two-dismissal rule...................................................................................................................6
Class suit.................................................................................................................................6
Dismissal upon motion of plaintiff....................................................................................6
Rule as to counterclaims.........................................................................................................6
Class suit.................................................................................................................................6
Dismissal due to fault of plaintiff;.....................................................................................7
Grounds..................................................................................................................................7
Who may file?.........................................................................................................................7
Amendments.........................................................................................................................7
Amendments as a matter of right .,..................................................................................7
Requisites...............................................................................................................................8
Responsive pleading................................................................................................................8
3| Pag
e
Reply......................................................................................................................................8
Motion to dismiss...................................................................................................................8
May the party amend as a matter of right after amending it before?..........................................8
Amendments by leave of court..........................................................................................8
Requisites...............................................................................................................................8
Substantial amendment...........................................................................................................8
Formal amendments............................................................................................................8
Rule as to formal amendments.................................................................................................9
SUMMONS.........................................................................................................................9
Modes of service...................................................................................................................9
Personal service or in person on defendant......................................................................9
Modes under personal service/in person on defendant ……………………………. 9
Tender....................................................................................................................................9
Substituted service..............................................................................................................9
When is substituted service available?......................................................................................9
Conditions..............................................................................................................................9
Alias summons....................................................................................................................10
Remedies available............................................................................................................10
INTERIM REMEDIES AFTER SERVICE OF SUMMONS........................................10
Grounds of motion to dismiss.................................................................................................10
Motion for bill of particulars....................................................................................................10
Bill of particulars v. motion to dismiss.....................................................................................11
Answer including affirmative defense of Motion to Dismiss....................................................11
ANSWER...........................................................................................................................11
Effect of filing answer.............................................................................................................11
INTERIM REMEDIES AFTER FILING OF ANSWER..............................................11
Motion for judgment on the pleadings..............................................................................11
Grounds...............................................................................................................................11
To whom is judgment on the pleadings available?..................................................................11
Motion for summary judgment............................................................................................11
Ground................................................................................................................................12
Who may avail?....................................................................................................................12
PRE-TRIAL.......................................................................................................................12
What is prepared and filed by the parties?................................................................................12
What is issued by the court?....................................................................................................12
Rule as to pre-trial order..........................................................................................................12
TRIAL................................................................................................................................12
Assume that the plaintiff has two (2) witnesses,
how would the examination proceed?......................................................................................12
After the examination of witnesses, what should the plaintiff do?............................................12
What are the remedies available to the defendant after the formal offer?..................................12
Pleading filed in case of opposition or objection......................................................................12
Assume the objection is sustained, what are the remedies available to the plaintiff?.................12
Assume the objection is overruled or no objection is posed,
what should the plaintiff do?...................................................................................................13
After resting its case, what is the remedy available to the defendant?........................................13
Is a demurrer available to the plaintiff?....................................................................................13
Consider that no demurrer to evidence has been filed by the defendant,
and the latter has two (2) witnesses, how should examination proceed?....................................13
What are the remedies available to the plaintiff after such examination?...................................13
What are the remedies available to the defendant after such examination?................................13
Direct examination.................................................................................................................13
Continuous examination rule...................................................................................................13
Summary of examination during trial with two (2) witnesses each............................................13
DECISION.........................................................................................................................14
POST-JUDGMENT...........................................................................................................14
Remedies................................................................................................................................14
When is compromise allowed..................................................................................................14
4|Page
4| Pag
e
Considering that procedural law governs the procedure in court,
what is the purpose of substantive law?...................................................................................14
COMPLAINT......................................................................................................................15
Basic principles.....................................................................................................................15
Purpose of a complaint.........................................................................................................15
Matters required to appear in a complaint...............................................................................15
PARTS OF A PLEADING.................................................................................................15
CAPTION.............................................................................................................................15
What appears in a caption?....................................................................................................15
Rule as to names of parties....................................................................................................15
THE BODY..........................................................................................................................16
What appears in the body?....................................................................................................16
Rule as to causes of actions joined in one complaint...............................................................16
Paragraphs...........................................................................................................................16
Importance of numbering of paragraphs...............................................................................16
What are facts needed as present in a complaint?....................................................................16
Ultimate facts.......................................................................................................................16
Does the requirement of ultimate facts applicable to the plaintiff alone?.................................17
Can conclusions be stated as allegations?...............................................................................17
Is it required that evidentiary facts appear in the complaint?...................................................17
Relief...................................................................................................................................17
General prayer......................................................................................................................17
Basis for grant of general prayers...........................................................................................17
Can the court grant a prayer not specifically prayed for?.........................................................17
SIGNATURE AND ADDRESS..........................................................................................17
Which kind of pleadings must be signed?...............................................................................17
Which kind of pleadings must be dated?................................................................................18
Who may sign the pleading?..................................................................................................18
When may a counsel sign for the party?.................................................................................18
Considering the above, what would be advisable
before the counsel signs the complaint?.................................................................................18
What if the party or his counsel did not sign the pleading?...................................................18
Exceptions to effects of unsigned pleading............................................................................18
What if the counsel’s legal researcher signed the pleading?.....................................................18
Effect of counsel’s signature (Warranties of counsel’s signature).............................................18
Student Practice Rule............................................................................................................18
When is an address required in pleadings?..............................................................................18
Purpose of including address in complaint.............................................................................18
Is a post office box (P.O. Box) address allowed?....................................................................18
Directly delivered to party v. P.O. Box..................................................................................19
Disciplinary action of lawyers................................................................................................19
Is the date on the pleading the basis of reckoning period?......................................................19
Rule as to date of filing........................................................................................................19
A pleading is due on Friday.
Counsel mailed it through registered mail on Thursday,
and subsequently arrived to opposing party on Monday.
The opposing party avers that the same was filed after the allowed period.
Is he correct?........................................................................................................................19
As counsel in Manila, your pleading is due today.
However, due to heavy traffic in EDSA,
you were still in traffic at 430PM. Is all hope for your client lost?............................................19
VERIFICATION..................................................................................................................19
Rule as to verification............................................................................................................19
Examples of when verification required.................................................................................19
Are “initiatory pleadings” restricted to first pleadings filed?....................................................20
How is verification done?......................................................................................................20
When will a pleading required to have a verification
amount to an unsigned pleading?.........................................................................................20
CERTIFICATION AGAINST FORUM SHOPPING......................................................20
When required......................................................................................................................20
5| Pag
e
If without certification.........................................................................................................20
That there is no certification, the plaintiff now requests that he be
allowed to amend the pleading. Can the defect be cured?.......................................................21
Effect of false certification.....................................................................................................21
Effect of non-compliance with the undertakings....................................................................21
Effect of wilful and deliberate forum shopping.......................................................................21
Who signs the verification and certificate of forum shopping?................................................21
COMPLAINT WRITING.................................................................................................21
Formula for complaint.............................................................................................................21
Checklist.................................................................................................................................21
Designation of parties..............................................................................................................21
Is the IBP No. and Roll No. the same?..................................................................................22
Effect of MCLE No. omission...............................................................................................22
When Jurat is needed................................................................................................................22
For identification purposes in the jurat,
may the notary public accept a community tax certificate?.......................................................22
Is an acknowledgment necessary in all complaints?..................................................................22
Is copy furnished necessary?....................................................................................................22
Is a notice of hearing necessary?..............................................................................................22
Sample................................................................................................................................................23
MOTION..............................................................................................................................22
Definition.............................................................................................................................22
Is a motion a pleading?........................................................................................................22
Pleading v. motion.................................................................................................................26
Kinds of motion...................................................................................................................26
Ex parte motion......................................................................................................................26
Examples of ex parte motions..................................................................................................26
Is a motion to set case for pre-trial limited to be filed by the party?....................................26
Litigated motion...................................................................................................................26
Examples of litigated motions................................................................................................26
Ex parte v. litigated motions..................................................................................................26
May a non-debatable issue covered by an ex parte motion be
debatable and be subjected to hearing?...................................................................................27
Presumption as to written motions........................................................................................27
Can a motion not expressly provided for under the Rules be filed?.........................................27
Motion for Judicial Determination of Probable Cause............................................................27
Form of motions...................................................................................................................27
Examples of motions made in open court.............................................................................27
Contents of a motion............................................................................................................28
Examples of motions which requires affidavits.......................................................................28
Requisites of valid motions....................................................................................................28
Effect of failure to do the above...........................................................................................28
Notice rules..........................................................................................................................28
Omnibus motion rule...........................................................................................................28
Exceptions to omnibus motion rule......................................................................................29
Motion day...........................................................................................................................29
MOTION WRITING.........................................................................................................29
Formula..................................................................................................................................29
Checklist.................................................................................................................................29
Rule as to verification of motions............................................................................................29
Sample....................................................................................................................................31
PRE-TRIAL..........................................................................................................................33
6| Pag
e
Definition.............................................................................................................................33
Purpose................................................................................................................................33
Who must appear in pre-trial?...............................................................................................33
Purpose of requiring attendance of party and counsel.............................................................33
Can the authority be in the form of an authorization letter?.................................................34
Effect of failure to appear....................................................................................................34
Assuming defendant failed to appear, will the court
automatically render judgment in favor of the plaintiff?..........................................................34
“Last pleading”.....................................................................................................................34
Can a party move to reset the pre-trial conference?.................................................................34
Pre-trial in civil v. criminal cases...........................................................................................34
Components of pre-trial........................................................................................................35
Pre-trial conference................................................................................................................35
Philippine Mediation Center..................................................................................................35
Effect of agreement or non-agreement in the PMC...............................................................35
Judicial Dispute Resolution....................................................................................................35
Effect of agreement or non-agreement in the JDR................................................................35
Rationale for re-raffling of case after failure of JDR...............................................................36
PRE-TRIAL BRIEF WRITING.......................................................................................36
Formula..................................................................................................................................36
Contents.................................................................................................................................36
Effect of failure to file pre-trial brief........................................................................................36
Is copy furnished required?......................................................................................................36
Is notice of hearing required?...................................................................................................36
Is an acknowledgment required?..............................................................................................36
Is a verification and certification against forum shopping required?.........................................36
Is a jurat required?....................................................................................................................36
Additional requirement in case of corporations........................................................................36
Sample....................................................................................................................................37
7| Pag
e
COMPLAINT
FRAMEWORK
CAUSE OF
 Drafting
ACTION
OF CIVIL
FILING AND SERVICE PROCEDURAL

REMEDIES
 Payment of fees  Motion to
 Filing declare in
 Service PROCEDURAL default
REMEDIES  Motion to
 Motion to dismiss lift order of
RAFFLE
SUMMONS default
(17.01,02,03)
 Amendment (right
 Personal or discretion)
 Substituted
 Corporation
 Extra- FINAL
territorial
 Publication PROCEDURAL  Relief
REMEDIES EXECUTION
 Annulment
 Motion to dismiss  Certiorari
 Motion for bill
of particulars POST-
ANSWER  Motion for JUDGMENT

extension of NOT YET FINAL
 Issues time
 Reconsideration
 Answer JUDGMENT
 New Trial
 Appeal
PROCEDURAL
PRE-TRIAL
REMEDIES
 Preliminary  Motion for TRIAL
conference judgment on
the pleadings  Presentation of
 Pre-trial proper
 Motion for Plaintiff’s evidence
 Alternative Dispute
summary judgment  Plaintiff’s formal
Resolution
offer
o Philippine
Mediation  Defendant’s
Center comment or
o Judicial PROCEDURAL objection
Dispute REMEDIES  Court ruling as
Resolution  Demurrer to offer
Conference  Tender of excluded
 Rebuttal evidence
 Case rested
1| Page
FRAMEWORK OF CIVIL
No, there must be enforcement made
PROCEDURE
through the filing of the initiatory
pleading.
Stages in Civil Procedure
Q: Is Cause of Action synonymous with
1. Cause of Action;
Right of Action?
2. Drafting of complaint;
3. Filing and Service;
4. Raffle No
5. Summons;
Cause of Action (CoA) v. Right of Action
6. Answer;
(RoA)
7. Pre-trial; CoA RoA
8. Trial NATURE Substantive Procedural
9. Judgment
10. Post-judgment DEFINITION Act or omission Right to file a
11. Execution by which a party suit or to
violates the right institute an
of another action
CAUSE OF ACTION
Q: Where no cause of action exists, can
2.02. Cause of action, defined; there be a right of action?
A cause of action is the act or omission
by which a party violates a right of another No. Instead, right of action can only
exist if there is a cause of action
Elements of cause of action
Q: Is the right of action restricted to the
1. Legal right in favor of plaintiff; plaintiff only?
2. Correlative legal duty of the defendant
to respect such rights; and No, as it refers to a “party”, hence,
3. Act or omission by such defendant in even the defendant.
violation of the right of the plaintiff
with a resulting injury or damage to Q: When will the Rules of Court (ROC)
the plaintiff for which the latter may begin to apply?
maintain an action for the recovery
of relief from the defendant Upon the filing of the initiatory
pleading such as a complaint,
Act v. omission information or complaint-affidavit,
or petition, as the case may be:
Act is positive in nature, hence the CASE PLEADING
doing of something. Civil Complaint
Criminal If Preliminary Complaint-
Omission is negative in nature, Investigation affidavit
(when the
hence the refusal or failure to do crime has the
something penalty of at
least 4 years, 2
Q: Is it enough that there is an act or months, and 1
omission for the ROC to come into play day)
If Direct Filing Information
Special Proceeding Petition
2| Page
Q: When can a complaint be filed?
Indispensable parties
When a person has a cause of action.
3.07. Compulsory joinder of
As an example, indispensable parties
Q: Is verification confined to the kinds of indispensable parties;
are needed to be impleaded in order
pleadings under the ROC (e.g. complaint, Parties in interest without whom no final
for a valid final determination.
counterclaim, cross-claim, etc.) determination can be had of an action shall
be joined either as plaintiffs or defendants.
Rule 4; Venue of Actions
No (e.g. Statement of Claim)
Under this rule, the propriety of the
PREPARATION OF COMPLAINT court where the filing of the complaint
should be made is provided
Rules considered
Venue in criminal v. civil actions
1. Rule 2; Cause of Action
2. Rule 3; Parties to Civil Actions In criminal actions, venue is
3. Rule 4; Venue of Actions
jurisdictional.
4. Rule 6; Kinds of Pleadings
5. Rule 7; Parts of a Pleading However, in civil actions, venue is
6. Rule 8; Manner of Making NOT jurisdictional.
Allegations in Pleadings
7. Rule 9; Effect of Failure to Plead
Venue of real actions v. personal actions
8. Rule 10; Amended and
Supplemental Pleadings
9. Rule 11; When to File Responsive 4.01. Venue of real actions;
Pleadings Actions affecting title to or possession of
10. Rule 13; Filing and Service of real property, or interest therein, shall be
Pleadings, Judgments, and Other commenced and tried in the proper court
Papers which has jurisdiction over the are wherein
the real property involved, or a portion
Rule 2; Cause of Action thereof, is situated.
It is necessary to know because Forcible entry and detainer actions shall be

without a cause of action, no filing of commenced and tried in the municipal trial
the complaint can be had court of the municipality or city wherein
the real property involved, or a portion
Rule 3; Parties to Civil Actions thereof, is situated.
For a civil action to prosper, persons

to be impleaded must be specified in
order to make them answerable to
the violation of the plaintiff’s rights.
In the same vein, the kinds of parties 4.02. Venue of personal actions;
must be known in order to know All other actions may be commenced and tried where the plai
those who are needed or not to be
impleaded.
3| Page
the case of a non-resident defendant where he This is in accordance to due process
may be found, at the election of the plaintiff. requirements, as to inform the
adverse party of the case against him.
Hence, venue of actions shall be:
Rule 9; Effect of Failure to Plead
1. If real actions;
a. Where property situated; To know the legal repercussions of
or such failure
b. Where portion situated
2. If personal actions, at the Rule 10; Amended and Supplemental
election of the plaintiff; Pleadings
a. Where plaintiff or any
principal plaintiff resides; As to make the counsel know when
or the amending or supplementing is
b. Where defendant or any available
principal defendant
resides; or Rule 11; When to File Responsive
c. In case of a non-resident Pleadings
defendant, where he may
be found To know legal repercussions when
there is failure to do so
Rule 6; Kinds of Pleadings
Rule 13; Filing and Service of Pleadings
To enable the counsel to know the and Other Papers
allowed pleadings in civil actions
As to make the counsel aware of the
Pleadings allowed methods and means allowed by law,
and those which should be complied
with
6.02. Pleadings allowed;
The claims of a party are asserted in a
FILING AND SERVICE
complaint, counterclaim, cross-claim, third
(fourth, etc.)-party complaint, or
Q: What is included under the filing of
complaint- in-intervention.
the complaint?
The defences of a party are alleged in the
a) Payment
answer to the pleading asserting a claim
a. Docket fees
against him.
b. Filing fees
b) Filing
An answer may be responded to by a reply.
c) Service
Rule 7; Parts of a Pleading
Filing v. service
In order for the counsel to know
what should appear in a pleading. Filing is the act of presenting the
pleadings or other paper to the clerk
Rule 8; Manner of Making Allegations in of court.
Pleadings
4| Page
Service is the act of providing the
No, in practice, the court still raffles
adverse party the copy of the pleading.
the case, and gives the plaintiff
ample time to pay the same.
Q: Considering the table below, to whom
should filing be made?
However, in case the defendant
Branch Clerk objected on the ground of non-
payment of full and correct docket
Branch Clerk fees, the court orders the plaintiff
TRIAL COURT Office of the Clerk of Court fails to pay.
Branch Clerk
Only after the failure to comply with
Branch Clerk the order will the court resort to
dismissal.
INTERIM REMEDIES AFTER FILING

Filing should be made with the
AND SERVICE
Office of the Clerk of Court (OCC).
a) Motion to dismiss
Q: After the OCC found the pleadings
a. By notice;
filed to be sufficient, what is his duty?
b. By motion;
c. Due to fault of plaintiff
His next duty is to raffle the case to
b) Amendment
any of the four branches, thereby
a. Matter of right; or
transferring the pleadings to the
b. With leave of court
appropriate branch clerk
Motion to dismiss
Q: How much docket fees should be paid?
As a general rule, it should be 17.01. Dismissal upon notice by plaintiff;

Under this mode of dismissal, the
payment of correct and full docket A complaint may be dismissed by the
dismissal itself is the notice, NOT
fees plaintiff by filing a notice of dismissal at
the confirmation issued by the court.
any time before service of the answer or of
Hence, this dismissal is a matter of
As an exception, indigent parties are a motion for summary judgment. Upon
right.
allowed to pay less than the full such notice being filed, the court shall
docket fees issue an order confirming the dismissal.
Unless otherwise stated in the notice, the
Q: What proof is needed in order to dismissal is without prejudice, except that
consider one as an indigent party? a notice operates as an adjudication upon
the merits when filed by a plaintiff who
Certificate of Indigency has once dismissed in a competent court an
action based on or including the same
Q: Assume that the party failed to pay
correct and full docket fees, should the
court dismiss it outright?
5| Page
Rule as to the nature of the dismissal
action unless within fifteen (15) days from notice of the mo
GR: Without prejudice
ER: If stated in the notice;
or Two-dismissal rule
Two-dismissal rule
Under the last portion of the

provision, the dismissal by notice shall
be with prejudice under the
plaintiff needs the approval of the
following requisites:
court, as the answer or the motion for
summary judgment has already been
a) Plaintiff twice dismissed the
filed.
action BY NOTICE;
b) Based on or including the
same claim; and Those that does not fall under
c) In a court of competent dismissal upon notice, shall fall
jurisdiction under this provision
Notice that under the third requisite, Rule as to counterclaims

it must be in a court of competent
jurisdiction. Hence, if it is wrongly The dismissal under this provision is
filed in a court which has no limited ONLY TO THE
jurisdiction, the rule would not COMPLAINT. Hence, the
apply. counterclaim remains, and the
defendant may prosecute:
Class suit
GR: In a separate action
Take note that under the next ER: Manifests his intent to
section, class suit cannot be prosecute the counterclaim in
dismissed without the approval of the same action within fifteen
the court. (15) days from receipt of the
notice
Hence, dismissal upon notice cannot
be made in case of a class suit Rule as to the nature of the
17.02. Dismissal upon motion of plaintiff; Except as provided in the preceding section, a complaint shall not
dismissal GR: Without
prejudice
ER: If stated in the order
Class suit
Under the last portion of the

provision, a class suit can ONLY be
DISMISSED or COMPROMISED
with the APPROVAL OF THE
COURT.
6| Page
Hence, class suit cannot be
Rule as to the nature of the dismissal
dismissed by notice.
GR: With prejudice
17.03. Dismissal due to fault of plaintiff; ER: Declared by court
If, for no justifiable cause, the plaintiff fails
NOTICE MOTION FAULT
to appear on the date of the presentation of Nature Matter of Upon court’s Available
his evidence in chief on the complaint, or right discretion upon
to prosecute his action for an unreasonable presence
length of time, or to comply with these of ground
Rules or any order of the court, the
Who may Plaintiff Plaintiff Court or
complaint may be dismissed upon motion file defendant
of the defendant or upon the court’s own
motion, without prejudice to the right of When Before After service Upon
the defendant to prosecute his filed service of of answer or presence
answer or motion for of the
counterclaim in the same or in a separate motion for summary ground
action. This dismissal shall have the effect summary judgment
of an adjudication upon the merits, unless judgment
Prejudice GR: Without GR: Without GR: With
court motu proprio or upon motion ER: If stated ER: If ER:
of the defendant may move for such, in the notice declared Declared
under specific grounds by court
by court
Grounds
Amendments
a) Failure to appear, without justifiable
reason on the date of the presentation 10.01. Amendments in general;
of his evidence in chief; Pleadings may
b) Failure to prosecute his action for an Under thisbemode
amended by adding the
of amendment, or
strikingparty
out has
an the
allegation or the name
ABSOLUTE RIGHT to of
unreasonable length of time (non- any party, or by
prosequitur); amend hiscorrecting
pleadings.a mistake in the
name of a party or a mistaken or
c) Failure to comply with the Rules; or inadequate allegation or description in any
d) Failure of the plaintiff to comply other respect, so that the actual merits of
with the court’s order the controversy may speedily be
determined, without regard to technicalities,
Q: Who may file? and in the most expeditious and inexpensive
It would depend:
10.02. Amendments as a matter of right;
A party may amend his pleading once as a
1. If no summons served yet; the
matter of right at any time before a
court, as the defendant has yet to
responsive pleading is served or, in the
exist;
case of a reply, at any time within ten (10)
2. If summons already served; the
court or the defendant
7| Page
Requisites
10.03. Amendments by leave of court;
a) Before a responsive pleading served; Except as provided in the next preceding
and Section, substantial amendments may be made
b) Availed only once only upon leave of court. But such leave
may be refused if it appears to the court that
Responsive pleading the motion was made with intent to delay.
Orders of the court upon the matters
As it refers to a responsive pleading, provided in this Section shall be made upon
the right is available to: motion filed in court, and after notice to the
adverse party, and an opportunity to be
a) Plaintiff as to his complaint,
before answer served; or Under this mode of amendment,
b) Defendant as to his answer, consent of the court is needed after a
before service of reply responsive pleading has been filed.
Reply After the filing of the responsive

pleading, it ceases to be a matter of
As a reply has no responsive right, and begins to be discretionary
pleading thereto, the provision
provides that the pleading may be Requisites
amended within ten (10) days from
service thereof. a) Leave of court; and
b) Substantial amendment
Motion to dismiss c) NOT intended for delay
Such motion is NOT a responsive Substantial amendment

pleading. It may refer to a change or addition
of a cause of action/s.
During the pendency of said motion,
the amendment is still available. 10.04. Formal amendments;
Under this provision, formal
A defect in the designation of the parties
After the order of dismissal is amendments are allowed at any stage
and other clearly clerical or typographical
served, the right is still available of the proceeding
errors may be summarily corrected by the
within fifteen court at any stage of the action, at its
(15) days. Formal amendments
initiative or on motion, provided no
prejudice is caused thereby to the adverse
However, after said fifteen (15) days, This refers to:
the order has already become final and
the right is no longer available. a) Defects in designation of the
parties;
Q: May the party amend as a matter of
right after amending it before?
No, it ceases to be as a matter of

right and now becomes discretionary
upon the court.
8| Page
b) Clerical errors; or
Tender
c) Typographical errors
It is available in case of refusal to
Rule as to formal
accept by the defendant.
amendments GR:
However, the tender must be made in
the presence of the defendant.
Allowed
Consider the following scenario:
ER: If prejudice will result to the
adverse party
MATTER OF WITH LEAVE Defendant: Ayaw ko nga!
RIGHT OF COURT Sheriff: Bahala ka dyan, basta
When availed Before service After service of iwan ko yan sayo
of responsive responsive
pleading; or pleading
In case of a
Substituted service
reply, within 10
days from
receipt thereof 14.07. Substituted service;
If, for justifiable causes, the defendant
Court’s duty Ministerial Discretionary cannot be served within a reasonable time as
What Formal and Formal and
amendments substantial substantial
provided in the preceding section, service may
allowed be effected:
SUMMONS a) By leaving copies of the summons at

the defendant’s residence with some
Modes of service person of suitable age and discretion
then residing therein, or
1. In person on defendant (personal);
2. Substituted; b) By leaving the copies at defendant’s
3. Upon corporations; office or regular place of business with
4. Extra-territorial; and some competent person in charge
5. Publication thereof.
Personal service or in person on Q: When is substituted service available?

defendant
In case of failure to render personal
14.06. Service in person on defendant;
service at least twice or thrice,
Whenever practicable, the summons shall
substituted service may be resorted
be served by handing a copy thereof to
to.
the defendant in person, or, if he refuses
to receive and sign for it, by tendering it to
Conditions
Modes under personal service/in person 1. Defendant’s residence, to a person

on defendant of;
a. Suitable age;
1. Personally handing over; and b. Discretion; and
2. Tender, in case of refusal c. Residing therein
2. Defendant’s office or regular place

9| Page
of business, with a person
with
10 | P a g
e
a. Competence; and That the court has no jurisdiction over the subject matter
b. In-charge thereof
That venue is improperly laid;
(NOTE: For Brondial babies, read
the case of Manotoc v. CA) That the plaintiff has no legal capacity to sue;
Alias summons That there is another action pending between the same p
That the cause of action is barred by a prior judgment or

14.05. Issuance of alias summons;
Remedies available
If a summons is returned without being
That the pleading asserting the claims states no cause of
served on an or all of the defendants, the
a) In case of failure to comply;
server shall also serve a copy of the return That the claim or demand set forth in the plaintiff’s plead
plaintiff may file motion to declare
on the plaintiff’s counsel, stating the reasons
defendant in default;
foor the failure of service, within five (5)
b) In case defendant appeared;
days therefrom. In such a case, or if the
motion to lift order of suspension
summons has been lost, the clerk, on
demand of the plaintiff, may issue an alias
INTERIM REMEDIES AFTER
SERVICE OF SUMMONS
1. Motion to Dismiss
2. Motion for Bill of Particulars waived,abandoned, extinguished;
or otherwise
3. Motion for Extension of Time
4. Answer including affirmative defense Motion for bill of particulars
of Motion to Dismiss That the claim on which the action is founded is unenfor
Grounds of motion to dismiss 12.01. When applied for; purpose;

That a condition precedent for filing the claim has not be
Before responding to a pleading, a party
may move for a definite statement or for a
16.01. Grounds;
bill of particulars of any matter which is
Within the time for but before filing the
not averred with sufficient definiteness or
answer to the complaint or pleading
particularity to enable him properly to
asserting a claim, a motion to dismiss may
prepare his responsive pleading. If the
be made on any of the following grounds:
pleading is a reply, the motion must be filed
within ten (10) days from service thereof.
a) That the court has no jurisdiction over Such motion shall point out the defects
the person of the defending party complained of, the paragraphs wherein
they are contained, and the details desired.
11 | P a g
e
Bill of particulars v. motion to dismiss
ANSWER
In practice, it is advisable to avail of
Effect of filing answer
a motion to dismiss for two different
reasons:
a) Issues are joined; and
b) The court may decide the matter
a) If the bill of particulars is
availed, it is as if the defendant
INTERIM REMEDIES AFTER FILING
is saying “Pre, ayusin mo naman
OF ANSWER
pleading mo para makasagot
ako maayos”; or
a) Motion for judgment on the
pleadings; and
b) Motion to dismiss may be
b) Motion for summary judgment
resorted to as a strategic
means of “delaying” the
Motion for judgment on the pleadings
proceedings (e.g. client cannot
be present on certain dates)
34.01. Judgment on the pleadings;
Grounds
Hence, it is wise to file a motion to Where an answer fails to tender an issue,
dismiss especially when the pleading is or otherwise admits the material
Judgment on the pleadings is available
really vague or lacking. It is allegations of the adverse party’s pleading,
Pleadingtogrounds
16.06. advisable as affirmative when the answer:
find a ground under the the court may, on motion of that party,
defenses;
motion to dismiss as counsel already direct judgment on such pleading.
If no motion a) Fails to tender an issue (NO
knows to dismiss has been filed, anyin However, in actions for declaration of
that the pleading is wanting ISSUE AT ALL); or
of the some
grounds for dismissal provided for nullity or annulment of marriage or for
points. b) Admits material allegations of
in this Rule may be pleaded as an affirmative legal separation,
the the material facts alleged
defense in the answer and, in thedefense
discretion adverse
Answer including affirmative of
of the court,
Motion a preliminary hearing may be
to Dismiss
had thereon as if a motion to dismiss had Q: To whom is judgment on the pleadings
been filed. available?
The dismissal of the complaint under this
section shall be without prejudice to the Plaintiff
prosecution in the same or separate action
of a counterclaim pleaded in the answer. Motion for summary judgment
35.01. Summary judgment for claimant;

A party seeking to recover upon a claim, counterclaim, or c
12 | P a g
e
pleading in answer thereto has been served, move withTRIAL
supporting affidavits, depositions or admissions for a summ
Q: Assume that the plaintiff has two (2)

witnesses, how would the examination
proceed?
35.02. Summary judgment for defending
It would be done in the following
party;
manner:
A party against whom a claim,
counterclaim, or cross-claim is asserted or
Witness 1: Direct (D)
a declaratory relief is sought may, at any
Re-direct (RD)
time, move with supporting affidavits,
Cross (X)
depositions or admissions for a summary
Re-cross (RX)
judgment in his favor as to all or any part
Ground Witness 2: D
RD
No genuine issue X
RX
Q: Who may avail?
Q: After the examination of witnesses,
Any party asserting a claim or relief. what should the plaintiff do?
Hence, it may be the plaintiff or
defendant He should do a formal offer of
exhibit/ evidence
PRE-TRIAL
Q: What are the remedies available to the
Q: What is prepared and filed by the defendant after the formal offer?
parties?
He may:
Pre-trial brief
a) Waive his right to object; or
Q: What is issued by the court? b) Oppose/object
Pre-trial order Pleading filed in case of opposition or

objection
Rule as to pre-trial order
Comment/opposition
It serves as the by-laws of the case,
hence, as a general rule, those not Q: Assume the objection is sustained,
appearing in the pre-trial order shall what are the remedies available to the
NOT be allowed. plaintiff?
As an exception, matters can be He may use the following remedies:

allowed for good cause.
a) Motion for Reconsideration, if
however denied, he may;
b) Tender of Excluded Evidence
13 | P a g
e
Q: Assume the objection is overruled or
no objection is posed, what should the
defendant after such examination?
plaintiff do?
It is the same as plaintiff’s remedies
He must rest its case
Direct examination
Q: After resting its case, what is the
remedy available to the defendant?
Note that it is now subject to the
Judicial Affidavit Rule (JA)
He may do any of the following:
Continuous examination rule
a) File a demurrer to evidence; or
a) Civil cases
b) Present rebuttal evidence
a. Lower courts; 90 days
b. SC and CA; perpetual
Q: Is a demurrer available to the plaintiff?
b) Criminal cases
a. Trial
No, as the provision only provides
i. Ordinary; 180 days
for the plaintiff.
ii. Dangerous drugs;
60 days
Furthermore, considering the
b. Decision
circumstances, it is the plaintiff who
i. Ordinary; 90 days
has the burden of proving his case,
ii. Dangerous drugs;
but not the defendant.
15 days
Q: Consider that no demurrer to evidence
Summary of examination during trial with
has been filed by the defendant, and the
two (2) witnesses each
latter has two (2) witnesses, how should
examination proceed?
Likewise, the examination shall

proceed as:
Witness 1: D
RD
X
RX
Witness 2: D
RD
X
RX

plaintiff after such examination?
It is the same as to defendant’s

remedies, EXCEPT demurrer to
evidence
P’s WITNESS D’s WITNESS
14 | P a g
e
1 W1: D (JA) W1: D (JA) 5
RD RD
X X
RX RX
2 W2: D (JA) W2: D (JA) 6
RD RD
X X
RX RX
3 Formal offer Formal offer 7
D’s Remedy: P’s Remedy:

Object Object
through through
comment/ comment/
opposition opposition
P’s remedy in case D’s remedy in case

objection sustained: objection sustained:
MR; or MR; or
Tender of Tender of
excluded excluded
evidence evidence
4 Rest its case Rest its case 8
D’s remedy:
Demurrer; or
Present
rebuttal
evidence
15 | P a g
e
DECISION
POST-JUDGMENT
Remedies
a) If final;
a. Petition for annulment of
judgment
b. Petition for relief from
judgment; or
c. Petition for certiorari
b) Not final
a. Motion for reconsideration;
b. Appeal
Q: When is compromise allowed?
As a general rule, compromise is

allowed at any time from the raffle to
execution.
As an exception, annulment of
marriage CANNOT be compromised
Q: Considering that procedural law

governs the procedure in court, what is
the purpose of substantive law?
Its purpose is to determine the rights,

duties, and obligations of the parties.
16 | P a g
e
COMPLAINT
CAPTION
Basic principles
7.01. Caption;
1. Must state ultimate facts; The caption sets forth the name of the
2. Must specify relief sought; court, the title of the action, and the docket
3. Must be dated and signed number if assigned.
4. Must be verified
5. Must include a certification against The title of the action indicates the names
forum shopping of the parties. They shall all be named in
the original complaint or petition; but in
subsequent pleadings, it shall be sufficient
6.03. Complaint; if the name of the first party on each side
The complaint is the pleading alleging the be stated with an appropriate indication
plaintiff’s cause or causes of action. The when there are other parties.
names and residences of the plaintiff and
defendant must be stated in the complaint Their respective participation in the case
shall be indicated
Purpose of a complaint
Republic of the Philippines National Judicial Capital Region Regional Trial Court, Branch Pas
To sue another for the enforcement
or protection of a right, or the Ruth Tenajeros,
prevention or redress of a wrong Plaintiff
Matters required to appear in a complaint
1. Ultimate facts; v. Civil Case No. _ FOR:

2. Relief sought;
Juan Enriquez Galvez,
3. Dated; Defendant
4. Signed by party OR his counsel
5. Address of party OR his counsel Q: What appears in a caption?
PARTS OF A PLEADING 1. Name of the court

2. Title of the action;
1. Caption a. Names of the parties; and
2. The body 3. Docket number, IF ASSIGNED
a. Paragraphs
b. Headings Rule as to names of parties
c. Relief
d. Date Original complaint: ALL named
3. Signature and address Subsequent: Name of first
4. Verification party on each
5. Certification against forum side sufficient
shopping
17 | P a g
e
THE BODY
Q: What appears in the body?
7.02. The body; a) Designation;
The body of the pleading sets forth its b) Allegations;
designation, the allegations of the party’s a. Claims
claims or defences, the relief prayed for, and b. Defenses
the date of the pleading, c. Relief prayed for
d. Date of the pleading
a) Paragraphs. – The allegations in the
body of a pleading shall be divided Rule as to causes of actions joined in one
into paragraphs so numbered as to be complaint
readily identified, each of which
shall contain a statement of a single It should be prefaced by the words:
set of circumstances so far as that
can be done with convenience. A a) First cause of action;
paragraph may be referred to by its b) Second cause of action; and so on
number in all succeeding pleadings.
To address the above, it should
b) Headings. – When two or more causes be prefaced by:
of action are joined, the statement of
the first shall be prefaced by the a) Answer to first cause of action;
words “first cause of action,” of the b) Answer to second cause of action;
second by “second cause of action,” and so on
and so on for the others
Paragraphs
When one or more paragraphs in the
answer are addressed to one of They should be numbered
several causes of action in the
complaint, they shall be prefaced by Importance of numbering of paragraphs
the words “answer to the first cause
of action” or “answer to the second For ready identification and in
cause of action” and so on; and when subsequent pleading it may be referred
one or more paragraphs of the to by the number WITHOUT the
answer are addressed to several need to repeat the entire allegation
causes of action, they shall be
prefaced by words to that effect. Q: What are facts needed as present in a
complaint?
c) Relief. – The pleading shall specify the
relief sought, but it may add a Only ultimate facts. It is not
general prayer for such further or necessary that it be a narration or
other relief as may be deemed just or exhaustive of all matters.
equitable.
Ultimate facts
d) Date. – Every pleading shall be dated
Facts which are essential to party’s
cause of action or defense
18 | P a g
e
Q: Does the requirement of ultimate facts
Q: Can the court grant a prayer not
applicable to the plaintiff alone?
specifically prayed for?
No, as it states claims or defences,
hence not to plaintiff alone As a general rule, no, as it is required
that relief must be specifically stated.
Q: Can conclusions be stated as As an exception, a general prayer
allegations? would allow for other reliefs. Hence:
No, because conclusions are for the GR: No, must be specific
courts to make ER: General prayer
Q: Is it required that evidentiary facts (NOTE: In practice, DO NOT

appear in the complaint? RELY on general prayers, as many
courts still apply the concept of NO
No, as evidentiary facts are to be relief stated, shall NOT be granted)
proven during trial, and NOT by the
pleadings. SIGNATURE AND ADDRESS
As an exception, in environmental 7.03. Signature and address;

cases covered by the Rules of Every pleading must be signed by the
Procedure for Environmental case, party or counsel representing him, stating
all evidence proving the cause of in either case his address which should not
action shall be attached be a post office box.
Relief The signature of counsel constitutes a

certificate by him that he has read the
pleading; that to the best of his knowledge,
It must be specific, but a general information, and belief there is good
prayer may be included.
ground to support it; and that it is not
interposed for delay.
The rule requiring the statement of
relief is due to the fact that the court An unsigned pleading produces has no
cannot grant a relief not prayed for. legal effect. However, the court may, in its
discretion, allow such deficiency be
General prayer remedied if it shall appear that the same
was due to mere inadvertence and not
Other remedies just and equitable are likewise intended for delay. Counsel who
Under the general prayer, other
prayed for. deliberately files an unsigned pleading, or
remedies, even not the one specifically
sign a pleading in violation of this Rule, or
sought, may be given by the court.
alleges scandalous or indecent matter
therein, or fails to promptly report to the
Basis for grant of general prayers Q: Which kind of
of his
pleadings
court a change address,must
shall be
be
signed?
1. Facts admitted during trial;
2. Pieces of evidence presented ALL pleadings must be signed
19 | P a g
e
Q: Which kind of pleadings must be
Q: What if the counsel’s legal researcher
dated?
signed the pleading?
ALL pleadings must be dated
It is procedurally defective, as what
is required is the party or his counsel.
Q: Who may sign the pleading?
Effect of counsel’s signature (Warranties
It must be the party (plaintiff) OR his
of counsel’s signature)
counsel
It constitutes as a certificate that:
Q: When may a counsel sign for the
party?
1. He has read the pleading;
2. To the best of his knowledge,
If he represents the party-plaintiff
information, and belief, there is
good ground to support it; and
It follows, that if he is not
3. It is not interposed for delay
representing the party, he has no
business in signing.
Student Practice Rule
Q: Considering the above, what would be
While the student signs the pleading,
advisable before the counsel signs the
the lawyer remains the supervisor of
complaint?
the student, only upon the latter’s
direct order and supervision may the
File an entry of appearance with
student act as such
the court, to inform the court of his
representation
Q: When is an office address required in
pleadings?
Q: What if the party or his counsel did
not sign the pleading?
ALL pleadings must contain an
address
It has no legal effect, as an unsigned
pleading.
Purpose of including address in complaint
As an unsigned pleading, it produces
In order to afford the court easy
NO legal effect
service of court processes
Exceptions to effects of unsigned
Q: Is a post office box (P.O. Box) address
pleading
allowed?
The unsigned pleading shall have legal
No, as it is a general address
effect, hence as if it was signed, if
the failure to sign:
It is not allowed as the court requires
an address to which processes may
1. Is not intended for delay; or
be received directly, as to avoid any
2. By mere inadvertence (honest
delay.
mistake)
20 | P a g
e
Directly delivered to party v. P.O. Box
Q: As counsel in Manila, your pleading is
due today. However, due to heavy traffic
In direct delivery, the party is
in EDSA, you were still in traffic at
ensured to receive the letter at the
430PM. Is all hope for your client lost?
soonest possible time.
No, you may still proceed to the SM
On the other hand, the practice in a
Mall of Asia (MOA) in Pasay.
P.O. Box, is that it is collected first
in bunches before it sent to
In MOA, the mailing service is until
recipients. Hence, delay is apparent
10:00PM
under this mode.
VERIFICATION
Disciplinary action of lawyers
1. Deliberately filing an unsigned 7.04. Verification;

Rule as to verification
pleading; Except when otherwise specifically
2. Signs a pleading in violation of the required by law or rule, pleadings need
GR: NOT required
Rules; not be under oath , verified or
ER: If required by law or rule
3. Alleges scandalous or indecent matter; accompanied by affidavit.
or Examples of when verification required
4. Fails to promptly report change of A pleading is verified by an affidavit that
address the affiant has read the pleading and that
a) Initiatory pleadings;
the allegations therein are true and correct
b) Petitions for certiorari, prohibition,
Q: Is the date on the pleading the basis of of his personal knowledge or based on
mandamus, quo warranto, and other
reckoning period? authentic records.
writs (“Latins”)
c) Summary Procedure pleadings.
No, it merely provides for the date A pleading required to be verified which
when said pleading was made. contains a verification based on
“information and belief” or upon
The date for computation of the “knowledge, information and belief,” or
reckoning period shall be the date
that appears on the stamp of the
court.
Rule as to date of filing
1. Registered mail; date of mailing;

2. Private courier; actual receipt
Q: A pleading is due on Friday. Counsel

mailed it through registered mail on
Thursday, and subsequently arrived to
opposing party on Monday. The opposing
party avers that the same was filed after
the allowed period. Is he correct?
No, that it was mailed on Thursday,

the same is deemed as filed on
21 | P a g
e
Thursday, and NOT on Monday.
22 | P a g
e
Q: Are “initiatory pleadings” restricted to
first pleadings filed?
b) If there is such other pending action
or claim, a complete statement of the
No, it includes those which has claims
present status thereof; and
for relief
c) If he should thereafter learn that the
Q: How is verification done?
same or similar action or claim has
It is done through an affidavit been filed or is pending, he shall
repost that fact within five (5) days
containing the following:
therefrom to the court wherein his
a) Affiant has read the pleading; aforesaid complaint or initiatory
b) Allegations therein are true pleading has been filed.
and correct:
a. Of his personal Failure to comply with the foregoing
knowledge; or requirements shall not be curable by mere
b. Based on authentic amendment of the complaint or other
records initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless
Q: When will a pleading required to have otherwise provided, upon motion and after
a verification amount to an unsigned hearing.
pleading?
The submission of a false certification or
a) Based on: non- compliance with any of the undertaking
a. Information and belief; or therein shall constitute indirect contempt of
b. Knowledge, information and court, without prejudice to the
belief corresponding administrative and criminal
b) Lacks proper verification actions.
CERTIFICATION AGAINST FORUM If the acts of the party or his counsel clearly
SHOPPING constitute wilful and deliberate forum
shopping, the same shall be ground for
7.05. Certification against forum summary dismissal with prejudice and shall
shopping; constitute direct contempt, as well as a cause
The plaintiff or principal party shall certify for administrative sanctions.
under oath in the complaint or other
initiatory pleading asserting a claim for When required
relief, or in a sworn certification annexed
thereto and simultaneously filed therewith: Pleadings asserting claim for relief
a) That he has not theretofore If without certification

commenced any action or filed any
It is a ground for:
claim involving the same issues in any
court, tribunal, or quasi-judicial agency
a) Dismissal WITHOUT
and, to the best of his knowledge, no
PREJUDICE; or
such other action or claim is pending
b) Dismissal WITH PREJUDICE
therein;
a. If provided; and
b. Upon motion and hearing
23 | P a g
e
Q: That there is no certification, the
COMPLAINT WRITING
plaintiff now requests that he be allowed
to amend the pleading. Can the defect be
Formula for complaint (C)
cured?
C = FR+OR
No, amendment cannot cure the
defect as expressly stated under the Where:
provision.
FR = Formal requirements
Effect of false certification OR = Other requirements
Indirect contempt Checklist

Effect of non-compliance with the 1. FR:
undertakings a. Caption
i. Court
Indirect contempt ii. Title
1. Names of
Effect of wilful and deliberate forum parties
shopping 2. Designation of
parties
It shall be a ground for summary iii. Docket number
dismissal WITH prejudice and direct b. Body
contempt. i. Participation/ personal
circumstances of
Furthermore, it shall be a cause for parties;
administrative sanctions. ii. Allegations
iii. Relief sought
WITHOUT FALSE NON- WILFUL AND c. Dated and signed
COMPLIANCE DELIBERATE d. Verification
FORUM
SHOPPING e. Certification against forum
Ground for Indirect Indirect Ground for shopping
dismissal contempt contempt summary
dismissal
2. OR (Counsel’s details):
WITH a. Integrated Bar of the
prejudice Philippines (IBP) No.
Direct
b. Roll No.
contempt c. Mandatory Continuing Legal
Education (MCLE) No.
d. Professional Tax Receipt
Q: Who signs the verification and
(PTR) No.
certificate of forum shopping?
Designation of parties
GR: Party (plaintiff) himself
ER: Authorized counsel in writing
CASE PARTIES
Civil Plaintiff Defendant
Criminal If Complainant Respondent
Preliminary
Investigation
24 | P a g
e
(when the Q: For identification purposes in the
crime has jurat, may the notary public accept a
the penalty community tax certificate?
of at least 4
years, 2
months, and
No, under the 2004 Rules on
1 day) Notarial Evidence, community tax
If Direct Plaintiff Accused certificate does not amount to
Filing identification.
Special Proceeding Petitioner Respondent
Q: Is an acknowledgment necessary in all
Q: Is the IBP No. and Roll No. the same?
complaints?
No, they are different.
No, an acknowledgment is
necessary only in cases there are
Roll No. does not change from the
transfer of rights. (e.g. conveyance,
moment it was given.
SPA)
(Pagkapasa mo, i-memorize mo roll
Q: Is copy furnished necessary?
number mo kasi di na magbabago
yan, cellphone number nga kaya nyo
No, as it is still in the stage of filing
imemorize)
Q: Is a notice of hearing necessary?
On the other hand the IBP No, as a
Not yet, as it still in the stage of filing.
general rule, changes from time to
time, UNLESS lifetime membership
Q: Mr. A and Mr. B, residents of Manila
has been elected.
and Caloocan, respectively, entered into a
loan agreement dated 14 February 2019,
Effect of MCLE No. omission
where Mr. B borrowed Php500,000 from
Mr. A.
At the first instance, a fine will be
imposed.
Under the loan agreement, it shall be paid
in five (5) installments starting from
However, in subsequent violations,
March and ending in July 2019, and in
disbarment may be bestowed.
case of failure to pay any of the
installments, the whole amount shall be
When Jurat is needed (JURATIN MO!)
immediately demandable. As a security, a
promissory note dated 14 February 2019
ACSV:
was executed by Mr. B.
1. Affidavit;
As of 14 March 2019, no payment was
2. Certification;
made which prompted Mr. A to send a
3. Sworn Statement; and
demand letter, demanding the whole
4. Verification
obligation.
As no payment was made after demand,

Mr. A engaged the services of Atty.X,
with office at Makati, for the amount of
Php500,000. What case would be filed?
25 | P a g
e
Collection for sum of money
26 | P a g
e
REPUBLIC OF THE PHILIPPINES FOR EXAM PURPOSES:
Interchangeable, as long as “Republic NATIONAL CAPITAL
of the Philippines” JUDICIAL REGION
is on top
RTC, BRANCH If not sure or facts are silent, leave it blank. (e
MANILA
Mr. A, FOR
EXAM
Plaintiff, PURPOSE
CAPTION
S:
If wrong
v. Civil Case No.
For: Collection of
Sum of Money
Mr. B, Simpler and
Defendant. “Separator” shorter, yet the
x---------------------------------x same meaning.
PREFATORY
COMPLAINT Including “that”,
PARAGRAPH allows for
Plaintiff, by counsel, states that: omission in the
latter portions
1. Mr. A (Plaintiff), is a Filipino, of legal age, single, and a resident of Manila. Plaintiff is Personal
represented by Atty. X, with office address at Makati; circumstanc
es of
parties,
2. Mr. B (Defendant) is a Filipino, of legal age, single, and a resident of Caloocan; including
3. On 14 February 2019, Defendant borrowed the amount of Php500,000 from the Plaintiff, In citing
evidenced by a “Loan Agreement” and secured by a “Promissory Note” executed by the documents,
defendant and both dated on the same day. A copy of the Loan Agreement and the be specific
Promissory Note are attached as Annex A and B, respectively; and
BODY include
details such
4. Under the Loan Agreement, payment shall be done through five (5) installments, starting as the date
March and ending on July, and the failure to pay any of the installments shall make the and
number, if
whole obligation demandable;
ALLEGATIO
any.
After citing
5. On 14 March 2019, defendant failed to pay the instalment; the
document,
6. On , plaintiff sent a “Demand Letter” to defendant, a copy of which is attached as do not
Annex C;
7. Despite the receipt of the demand letter, defendant failed to pay, which prompted the
plaintiff to file this complaint;
There is no hard and fast rule in the manner making allegations. As long as the cause of action
will be proven, then it is enough. If however, it is still insufficient, then go on in alleging.
8. (Provision of law)
For example, in a case for collection of sum of money, the following must be present:
FOR EXAM PURPOSES: 1. Existence of an agreement;
2. Terms and conditions of said agreement;
Place the specific provision IF 3. Demand;
KNOWN, if not, state 4. Failure to pay despite demand
(Provision of Law)
27 | P a g
e
PRAYER
WHEREFORE, premises considered, plaintiff respectfully prays that:

FOR
EXAM
PURPOSE
1. Mr. B be ordered to pay the amount of Php500,000;
S: 2. Mr. B be ordered to pay damages; and
Date when 3. Other reliefs just and equitable are likewise prayed for.
pleading
was made.
If none, (Date), Makati for Manila
place
FOR EXAM PURPOSES:
(DATE)
(sgd)
Atty. X DO NOT SIGN, merely indicate
For the
(sgd)
place, Address
where
pleading SIGNATURE E Contact No. If signed, would amount to marking
was made, AND Email Address.
and where ADDRESS Roll No.
the court is These are
located.
IBP No. interchangeable
PTR No. , as long as
MCLE Compliance No._ they are
complete.
If the facts
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING are silent,
I, Mr. X, of legal age, single, residing at Manila, respectfully states that:
1. I have read the pleading;

2. To the best of my knowledge, information and belief, there is good ground to support it; VERIFICATION
3. It is not interposed for delay;
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
4. I have not commenced any action or filed any claim involving the same issues in any
court, tribunal, or quasi-judicial agency and, to the best of his knowledge, no such other
SHOPPING
FORUM
N
CERTIFICATIO
action or claim is pending therein;
5. If there is such other pending action or claim, a complete statement of the present status
AGAINST
thereof; and
6. If I should thereafter learn that the same or similar action or claim has been filed or is
pending, he shall repost that fact within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
IN WITNESS WHEREOF, I hereunto affixed my signature this (Date) at Makati City.
(sgd) FOR EXAM PURPOSES:

Mr. X
DO NOT SIGN, if signed would amount to
Affiant marking. Merely place (sgd)
28 | P a g
e
JURAT
SUBSCRIBED AND SWORN to before me this (Date) at (Place where signed), affiant, Mr.
A, exhibiting to me his (Identication Card with details)
Complaint, as an initiatory
NOTARY PUBLIC
pleading, needs to have a Commission expires on.
Jurat. Information
Doc. No.
Page No.
Book No.
Series of
29 | P a g
e
MOTION Ex parte motion
Definition The following are the characteristics

of an ex parte motion:
15.01. Motion defined;
A motion is an application for relief 1. Does NOT require parties be
other than by a pleading heard;
2. Court may act upon WITHOUT
Q: Is a motion a pleading? prejudicing the rights of the other
party (non-debatable issues)
No 3. Notice STILL required to be given
to the adverse party
(NOTE: As per Atty. Buanviaje’s
opinion, a motion is a pleading, in Examples of ex parte motions
line with the definition of a
pleading.) 1. Extension of time
2. Postponement
Pleading v. motion 3. To set case for pre-trial
PLEADING MOTION
In writing? Yes Yes, except:
Q: Is a motion to set case for pre-trial
limited to be filed by the party?
1. Made in
open No, the court may motu proprio order
court; or to set the case for pre-trial
2. In the
course of Litigated motion
hearing
or trial It is a motion where the issues are
(15.02) debatable
Can be Yes No
Examples of litigated motions
initiatory?
Order on Yes No 1. To dismiss (Rule 16);

such stated 2. Summary judgment (Rule 35);
in 3. Reconsideration
judgment?
Ex parte v. litigated motions
Kinds of motion
EX PARTE LITIGATED
1. Ex parte Issues NON- Debatable
2. Litigated debatable
Hearing NOT Required

required
Notice Required Required
30 | P a g
e
Q: May a non-debatable issue covered by
the rights of the
an ex parte motion be debatable and be
subjected to hearing? adverse party
Yes. Consider the following example Q: Can a motion not expressly provided
for under the Rules be filed?
on a motion for extension of time or
for postponement.
Yes, motions are not restricted to
The above motions have already those stated under the Rules.
been prayed for twice or thrice, it
As long as counsel can substantiate his
then becomes debatable for delay
motion, it is sufficient to be filed.
resolution of the case. Hence, the
above motions are:
Motion for Judicial Determination of
Probable Cause
GR: Ex parte motions;
ER: Litigated, in case of
This is a prohibited pleading in a
delay in the resolution
criminal case as of 1 September 2017
of the case
under the Rules on Revised
Guidelines in Continuous Trial.
Presumption as to written motions
Determination of probable cause is
15.04. Hearing of motions; NOT a judicial function, but rather
Except for motions which the court may an executive function.
act upon without prejudicing the rights of
the adverse party, every written motion Form of motions
shall be set for hearing by the applicant.
15.02. Motions must be in writing;
Every written motion required to be heard All motions shall be in writing except
and the notice of the hearing thereof shall those made in open court or in the course
be served in such a manner as to ensure its of a hearing or trial.
receipt by the other party at least three (3)
days before the date of hearing, unless the Hence:
court for good cause sets the hearing on
shorter notice. GR: In writing;
ER: Made in open court; or
Written motions shall be presumed In the course of a hearing or
as litigated motions, except when the trial
court may act upon it without
prejudicing the rights of the adverse Examples of motions made in open court
party (ex parte). Hence, written
motions are: 1. Recess;
2. Continuance
GR: Litigated motions; 3. To strike;
ER: Ex parte, when the 4. To confer with my client;
court may act upon it 5. To exclude the public;
without prejudicing 6. To transfer markings
31 | P a g
e
15.03.
Atty. Contents;
Rickson Buenviaje PJA
A motion shall state the relief sought to be
Contents
obtained of
anda the
motion
grounds upon which it is later than ten (10) days after the filing of the
based, and if required by these Rules or motion.
necessary to prove facts alleged therein,
shall be accompanied by supporting 15.06. Proof of service necessary;
affidavits and other papers. Hence, the following shall be required:
No written motion set for hearing shall
Hence, the first two (2) contents be acted upon by the court without
1. Proof of service;
must appear, while the last content is proof of service thereof.
2. Notice of hearing;
required only in some instances: 3. Set for hearing
1. Relief sought; Effect of failure to do the above

2. Ground, basis, arguments;
3. Affidavits: The motion is considered pro forma,
a. If required by the Rules; or a mere scrap of paper not entitled to
b. Necessary to prove the judicial cognizance.
facts therein
Notice rules
Examples of motions which requires
affidavits Three (3) day notice rule, is the
giving of notice to the adverse party
1. Chattel mortgage; Of good faith; at least three (3) days prior to the
2. New trial; Of merits intended date of hearing.
Requisites of valid motions On the other hand, the ten (10) day
notice rule, is the giving of notice to
15.04. Hearing of motions; the court as to enable them to prepare
Except for motions which the court may and set the hearing in the Calendar of
act upon without prejudicing the rights of Cases. It is likewise for the benefit of
the adverse party, every written motion the adverse party.
shall be set for hearing by the applicant.
Omnibus motion rule
Every written motion required to be heard
and the notice of the hearing thereof shall 15.08. Omnibus motion;
be served in such a manner as to ensure its Subject to the provisions of Section 1 of
receipt by the other party at least three (3) Rule 9, a motion attacking a pleading,
days before the date of hearing, unless the order, judgment, or proceeding shall
court for good cause sets the hearing on include all objections then available, and
shorter notice. all objections not so included shall be
15.05. Notice of hearing; 9.01. Defenses and objections not pleaded; Defenses and
The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearin
32 | P a g
e
MOTION
from the pleadings or the evidence on record that the court has noWRITING
jurisdiction over the subject matter, that there is
Formula
M = FR + OR + R.15
Checklist
An omnibus motion is a motion 1. FR:

attacking a pleading, order, a. Caption
judgment, or proceeding. i. Court
ii. Title
Omnibus motion rule requires all 1. Names of
objections available to be stated, and parties
all objections NOT stated are 2. Designation of
deemed waived. parties
iii. Docket number
Exceptions to omnibus motion rule b. Body
i. Allegations
The following objections are NOT ii. Relief sought
deemed waived despite failure to c. Dated and signed
state such ground: 2. OR:
a. IBP No.
1. Lack of jurisdiction over the b. Roll No.
subject matter; c. MCLE No.
2. Litis pendentia; d. PTR No,
3. Res judicata; 3. R.15
4. Prescription a. Notice of hearing
b. Proof of service
Motion day
Rule as to verification of motions
As a general rule, motions are heard
on Friday afternoons GR: Need not be verified;
ER: Motions for reconsideration of
(NOTE: However, in practice, resolutions to the Prosecutors
courts may set any other day as to Office (Manual for
cater their Calendar of Cases) Prosecutors Office)
Q: Mr. A filed a case for collection of sum

of money for the amount of Php500,000 in
the RTC of Quezon City, Branch 2,
against Mr. B with docket number 1234.
The former is a resident of Quezon City,
while the latter resides in Makati.
Mr. A is represented by Atty. X of ABC

law firm in Ortigas. On the other hand,
33 | P a g
e
Mr. B is represented by Atty. Z of XYZ
As the due date for the responsive
law firm in Ortigas.
pleading is in two (2) days, Atty. Z
foresees the impossibility of filing of said
Summons was properly served to Mr. B
on 1 December 2019. responsive pleading. What would Atty.
Z’s recourse be?
Subsequently, Atty. Z filed his entry of
appearance on 14 December 2019 with
He may file for a motion for
the RTC QC, Br.2 for his representation
of Mr. B. extension of time to file a
responsive pleading
34 | P a g
e
Republic of the Philippines
National Judicial Capital
Region Regional Trial Court,
Branch 2 Quezon City
Mr. A,
Plaintiff, While in this case, the
defendant is the movant, the
placement of their remains
v. as to how they were Civil Case No. 1234
designated in the complaint.
FOR: Sum of
Hence, the defendant’s name Money
Mr. B, DOES NOT appear first
Defendant. despite being the movant.
x-----------------------------------------------------------------------------------------------------------------x
MOTION
Defendant, by counsel, states that:
1. Defendant received the summons on 1 December 2019;

No need to
state
2. Under the Rules of Civil Procedure, the defendant has fifteen (15) days to file his
personal responsive pleading which is until 16 December 2019;
circumstance 3. Counsel for the defendant foresees the impossibility of filing a responsive
pleading as his services was engaged only on 14 December 2019;
PRAYER
WHEREFORE, defendant prays that:
1. The Court takes note of this motion;

2. The defendant be granted additional fifteen (15) days to file a responsive
pleading;
3. Other reliefs just and equitable are likewise prayed for
14 December 2019. Ortigas for Quezon City
(sgd)
XYZ Law Firm A law
Ortigas Center, Quezon City firm is a
juridical
Email person.
Contact No.
By: Atty. Z As a
Roll No. juridical
IBP No. person,
it cannot
PTR No. sign,
MCLE Compliance No. hence
35 | P a g
e
Notice of Hearing and Copy Furnished To: or Notice of Hearing: Of the two,
Branch Clerk of Court, RTC, Br.2 Branch Clerk of Court, RTC, Br.2 the former
Quezon City Quezon City is much
efficient
considering
Atty. X Atty. X the
ABC Law Firm ABC Law Firm repetitive
Ortigas Ortigas stating of
recipients.
Copy Furnished To:
Copy
Branch Clerk of Court, RTC, Br.2 furnished
Quezon City may be to
the
Atty. X defendant
ABC Law Firm himself OR
his counsel
Ortigas if
represented
IF LITIGATED MOTION IF EX PARTE MOTION
In Mr. A Mr. A
litigated
motions, Greetings! Greetings!
it is IF PERSONAL IF REGISTERED MAIL
necessary
to
SERVICE
Please take note that the Motion will be Please take note that the Motion will be In cases
inform No need to include Filing only (Service
submitted for the consideration of this Service only (Filing
submitted Filing andof
for the consideration service
this of
the an explanation, as and time)
Court on (date personally served) personally served)
Court upon receipt hereof:32 | P age availing
adverse personal service is registere
the preferred method. EXPLANATION
(sgd) EXPLANATION EXPLANATION
(sgd) d mail,
the
Atty. Z Atty. Z reason
A copy of this Motion A copy of this Motion A copy of this
for such
was filed via was served to the Motion was filed availing
Registered Mail due to other counsel via served to the other MUST
lack of manpower Registered Mail due counsel via be
to lack of manpower Registered Mail stated.
(sgd) due to lack of The most
Atty. Z (sgd) manpower common
Atty. Z reason is
(sgd) lack of
Atty. Z
Notice that other requirements are not

required to appear under the above
portions. OR is required only in the
signature portion
PRE-TRIAL For its ultimate purpose, it is to take
all necessary steps in the speedy
Definition disposition of cases.
Mandatory procedure done prior to Q: Who must appear in pre-trial?

the trial, after the last pleading has
been served and filed
18.04. Appearance of parties;
As a general rule, both the party
Purpose It shall be the duty of the parties and their
AND his counsel must appear at pre-
counsel to appear at the pre-trial. The non-
trial.
appearance of a party may be excused only if
18.02. Nature and purpose; a valid cause is shown therefor or if a
The pre-trial is mandatory. The court shall However as an exception, the party’s
representative shall appear in his behalf
consider: appearance may be excused if the
fully authorized in writing to enter into an
following are present:
amicable settlement, to submit to
a) The possibility of an amicable alternative modes of dispute resolution,
settlement or of a submission to a) Valid cause; and
and to enter into stipulations or admissions
alternative modes of dispute b) Authorized in writing
of facts and of documents.
resolution; through a special power of
attorney (SPA), with the
b) The simplification of issues; following authorities to:
a. Enter into amicable
c) The necessity or desirability of settlement;
amendments to the pleadings; b. Submit to alternative
modes of dispute
d) The possibility of obtaining resolution; and
stipulations or admissions of facts an c. Enter into stipulations
of documents to avoid unnecessary or admissions of facts
proof; and of documents
e) The limitation of the number of Purpose of requiring attendance of party

witnesses; and counsel
f) The advisability of a preliminary Amicable settlement

reference of issues to a
commissioner;
g) 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;
h) The advisability or necessity of

suspending the proceedings; and
i) Such other matters as may aid in the
33 | P a g
e
Q: Can the authority be in the form of an
evidence to the exclusion of any
authorization letter?
objections from the defendant.
No. (Bakit ipapakuha mo ba
documents mo?) However, determination of probative
weight is upon the discretion of the
Effect of failure to appear court.
“Last pleading”
18.05. Effect of failure to appear;
The failure of the plaintiff to appear when It may be an answer or a reply
so required pursuant to the next preceding
section shall be cause of dismissal of the Q: Can a party move to reset the pre-trial
action. The dismissal shall be with conference?
prejudice, unless otherwise ordered by the
court. A similar failure on the part of the Yes, subject to the court’s discretion,
defendant shall be cause to allow the under any of the following grounds:
plaintiff to present his evidence ex parte
and the court to render judgment on the a) Absence of the party or counsel,
due to good ground or justifiable
As to the plaintiff, it shall be a cause reason;
for the dismissal of the action, under b) Judge is on leave;
the following rule as to prejudice: c) Presence of prejudicial question;
d) Novelty of the issues (e.g. Fujiki v.
GR: With prejudice; Marinay);
ER: Without prejudice, if e) Recognition of foreign divorce
otherwise ordered by decree (e.g. at the time, the SC
the court has no rule as to where it must be
filed, RTC or Family Court)
On the other hand, as to the
defendant, it shall be a cause to: Pre-trial in civil v. criminal cases
a) Allow plaintiff to present
CIVIL CRIMINAL
evidence ex parte; Movant to set Plaintiff Court (no
b) Court to render judgment on the case for motion
the basis thereof pre-trial?
by parties
Q: Assuming defendant failed to appear, required)
When motion After the last After
will the court automatically render made? pleading arraignment and
judgment in favor of the plaintiff? within thirty
(30) days from
No, the court will still render the date the
judgment based on the merits and court acquired
jurisdiction over
pieces of evidence presented. the person of
the accused
The allowance to present evidence ex
parte merely allows the presentation of Consideration Yes GR: NO
of compromise
(amicable ER: NOT
settlement) prohibited to
34 | P a g
e
Affidavit of Philippine Mediation Center (PMC)
Desistance)
Necessity of NOT required, Required, in line For a non-extendible period of thirty

signatures of while preferably with the
parties and presumption of
(30) days, the following cases may
signed, would
counsel still be binding innocence and be referred to the PMC and be
despite absence the right against compromised:
of such self-
incrimination. a) Civil cases;
If it is not
b) Criminal cases;
signed by the a. Criminal negligence;
party AND his b. BP.22 cases;
counsel, it c. Libel;
cannot bind the d. Estafa under
party.
paragraph one (1);
Effect of non- Plaintiff; ground NONE, case e. Theft, except qualified
appearance for dismissal will still theft;
prospoer f. Those cognizable by
Defendant; RTC.
allows plaintiff
to present
evidence ex parte Crimes against persons CANNOT be
and for the referred to the PMC
court to render
judgment on Effect of agreement or non-agreement in
the basis the PMC
thereof
Sanctions for Upon the Upon the
non- parties (plaintiff counsel or In case the parties agree, the same
appearance or defendant) prosecutor shall be approved.
Submission of Required NOT required On the other hand, in case of
pre-trial brief
disagreement, the parties will then
Components of pre-trial be subjected to Judicial Dispute
Resolution
a) Pre-trial conference;
b) Pre-trial proper; Judicial Dispute Resolution (JDR)
c) Referral to the Philippine Mediation
Center; and The Judge of the case where raffled
d) Judicial Dispute Resolution will attempt to amicably settle the
parties
Pre-trial conference
Effect of agreement or non-agreement in
Done before the BCC, to: the JDR
a) Name witnesses; In case of agreement, the Judge will

b) Enter into stipulations; and issue a compromise agreement.
c) Marking of evidence
On the other hand, in case of
disagreement:
35 | P a g
e
b. Statement of proposed facts;
GR: The case will be re- c. Issues to be tried;
raffled to another d. Witnesses to be presented;
court; e. Documents
ER: Parties agreed to f. Availment of Modes of
conduct trial in the Discovery
same court, despite g. Applicable Laws and
such failure Jurisprudence
h. Copy furnished
Rationale for re-raffling of case after
failure of JDR Effect of failure to file pre-trial brief
It is done as the Judge can be said to The same as to failure to appear

no longer be free from bias and his
independent judgment may have Q: Is copy furnished required?
been affected by the statements made
by the parties involved Yes
PRE-TRIAL BRIEF WRITING Q: Is notice of hearing required?
Formula No, Rule 18 DOES NOT require
such
PTB = FR + OR + R.18
Q: Is an acknowledgment required?
Contents
No, does not transfer rights
1. FR:
a. Caption Q: Is a verification and certification
i. Court against forum shopping required?
ii. Title
1. Names of No, it is neither an initiatory pleading
parties nor a “latin” pleading
2. Designation of
parties Q: Is a jurat required?
iii. Docket number
b. Body No, not among ACSV
i. Allegations
ii. Relief sought Additional requirement in case of
c. Dated and signed corporations
2. OR:
a. IBP No. There must be:
b. Roll No.
c. MCLE No. 1. Board resolution; or
d. PTR No, 2. Secretary’s certificate
3. R.18
a. Willingness to enter into an
amicable settlement;
36 | P a g
e
Republic of the Philippines
National Capital Judicial
Region Regional Trial Court,
Br. 2 Quezon City
Mr. A,
Plaintiff,
v. Civil Case No. 1234

FOR: Collection of
Sum of Money
and Damages
Mr. B,
Defendant.
x-----------------------------------------------------------------------------------------------------------------x
PRE-TRIAL BRIEF
Plaintiff, by counsel, submits this pre-trial brief as follows:
I. Willingness to enter into an amicable settlement
Plaintiff is willing to amicably settle the case upon terms beneficial to both parties;
II. Statement of proposed facts
1. On 14 February 2019, Mr. A and Mr. B entered into a “Loan Agreement” where
the latter borrowed Php500,000, and secured with a “Promissory Note” executed on
the same day;
2. That under the “Loan Agreement”, payment shall be made in five (5) installments
starting from March and ending in July, and failure to pay any installments shall make the
whole amount demandable;
3. On 14 March 2019, no payment was made;
4. A demand letter was sent to Mr. B, but no response nor payment was made
Kaya nyo
na gumawa III. Issues to be tried
nang issue,
mga jowa 1. Whether or not
nyo nga 2. Whether or not
lagi nyo 3. Whether or not
ginagawan
IV. Witnesses to be presented
1. Mr. A;
37 | P a g
e
2. Two (2) witnesses in the loan agreement;
There is
no need to
3. Messenger; Reservati
state the 4. Notary public on can
purpose at only be
this stage. The plaintiff reserves the right to present additional witnesses that may be presented in the for trial
course of the trial
Furthermor In pre-
e, if trial, only
purpose is V. Documents those
stated, the stated
adverse 1. Loan Agreement dated 14 February 2019; The above under the
2. Promissory Note dated 14 February 2019; witnesses are to
3. Demand Letter dated authenticate these
documents
VI. Availment of Modes of Discovery
VII. Applicable Laws and Jurisprudence
PRAYER
WHEREFORE, plaintiff prays that:
1. This court takes note of this pre-trial brief; and

2. Other reliefs just and equitable are likewise prayed for
(Date). Ortigas for Quezon City
(sgd)
ABC Law Firm
Ortigas Center, Quezon City
Email
Contact No.
By: Atty. X
Roll No.
IBP No.
PTR No.
MCLE Compliance No.
Copy furnished:
Atty. Z
XYZ Law Firm
Ortigas Center, Quezon City
EXPLANATION
A copy of this Motion was served to the other counsel via Registered Mail due to lack of manpower
(sgd)
Atty. X
38 | P a g
e
FILING OF COMPLAINT for justifiable reasons by any suitable person
authorized by the court issuing the summons.
SUMMONS
14.04. Return;
When the service has been completed, the
Purpose of summons
server shall, within five (5) days
therefrom, serve a copy of the return,
a) Acquire jurisdiction; and
personally or by registered mail, to the
b) Notify defendant of the case against
plaintiff’s counsel, and shall return the
him to afford him the opportunity to
summons to the clerk who issued it,
be heard
14.08. Service upon entity without
14.01. Clerk to issue summons; juridical personality;
Upon the filling of the complaint and the When persons associated in an entity
payment of the requisite legal fees, the without juridical personality are sued
clerk of court shall forthwith issue the under the name by which they are
corresponding summons to the defendants. generally or commonly known, service
may be effected upon all the defendants by
14.02. Contents; serving upon any one of them, or upon the
The summons shall be directed to the person in charge of the office or place of
defendant, signed by the clerk of court under business maintained in such name. But
seal, and contain: such service shall not bind individually
any person whose connection with the
a) The name of the court and the names entity has, upon due notice, been severed
of the parties to the action;
b) A direction that the defendant answer 14.11. Service upon domestic private
within the time fixed by these Rules; juridical entity;
c) A notice that unless the defendant so When the defendant is a corporation,
answers, plaintiff will take judgment partnership or association organized under
by default and may be granted the the laws of the Philippines with a juridical
relief applied for. personality, service may be made on the
president, managing partner, general
A copy of the complaint and order for manager, corporate secretary, treasurer, or
appointment of guardian ad litem, if any, shall in-house counsel.
be attached to the original and each copy of
the summons. 14.12. Service upon foreign private
juridical entity;
Effect of failure to answer When the defendant is a foreign private
juridical entity which has transacted
Plaintiff will take judgment by business in the Philippines, service may be
default and may be granted the relief made on its resident agent designated in
applied for accordance with law for that purpose, or, if
there be no such agent, on the government
14.03. By whom served; official designated by law to that effect, or
The summons may be served by the sheriff, his deputy,
on or other
any proper
of its court
officers or officer, or
agents within the
Philippines.
1| Pag
e
If a foreign private juridical entity is not
registered in the Philippines or has no resident
agent, service may, with leave of court, be
effected out 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 or any recognized
electronic means that could generate
proof of service; or
d) By such other means as the court
may in its discretion direct.
2| Pag
e

Practice Court 1: As Lectured by Atty. Rickson Buenviaje, With Excerpts From Riano's Book

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Practice Court 1: As Lectured by Atty. Rickson Buenviaje, With Excerpts From Riano's Book

Uploaded by

Copyright:

Available Formats

PRACTICE COURT 1 2019-2020, 2nd Sem

Atty. Rickson Buenviaje PJA

The following are the materials used for this work:

1. Lectures of Atty. Rickson Buenviaje

FILING AND SERVICE PROCEDURAL

ANSWER  Motion for JUDGMENT

It is necessary to know because Forcible entry and detainer actions shall be

For a civil action to prosper, persons

INTERIM REMEDIES AFTER FILING

As a general rule, it should be 17.01. Dismissal upon notice by plaintiff;

Under the last portion of the

Notice that under the third requisite, Rule as to counterclaims

Under the last portion of the

Reply After the filing of the responsive

Such motion is NOT a responsive Substantial amendment

No, it ceases to be as a matter of

SUMMONS a) By leaving copies of the summons at

Personal service or in person on Q: When is substituted service available?

Modes under personal service/in person 1. Defendant’s residence, to a person

2. Defendant’s office or regular place

That the cause of action is barred by a prior judgment or

Grounds of motion to dismiss 12.01. When applied for; purpose;

35.01. Summary judgment for claimant;

Q: Assume that the plaintiff has two (2)

Pre-trial order Pleading filed in case of opposition or

As an exception, matters can be He may use the following remedies:

Likewise, the examination shall

Q: What are the remedies available to the

It is the same as to defendant’s

D’s Remedy: P’s Remedy:

P’s remedy in case D’s remedy in case

Q: When is compromise allowed?

As a general rule, compromise is

Q: Considering that procedural law

Its purpose is to determine the rights,

Matters required to appear in a complaint

1. Ultimate facts; v. Civil Case No. _ FOR:

PARTS OF A PLEADING 1. Name of the court

Q: Is it required that evidentiary facts (NOTE: In practice, DO NOT

As an exception, in environmental 7.03. Signature and address;

Relief The signature of counsel constitutes a

1. Deliberately filing an unsigned 7.04. Verification;

Rule as to date of filing

1. Registered mail; date of mailing;

Q: A pleading is due on Friday. Counsel

No, that it was mailed on Thursday,

a) That he has not theretofore If without certification

Indirect contempt Checklist

As no payment was made after demand,

Collection for sum of money

WHEREFORE, premises considered, plaintiff respectfully prays that:

I, Mr. X, of legal age, single, residing at Manila, respectfully states that:

1. I have read the pleading;

IN WITNESS WHEREOF, I hereunto affixed my signature this (Date) at Makati City.

(sgd) FOR EXAM PURPOSES:

Definition The following are the characteristics

Order on Yes No 1. To dismiss (Rule 16);

Hearing NOT Required

Notice Required Required

1. Relief sought; Effect of failure to do the above

An omnibus motion is a motion 1. FR:

Q: Mr. A filed a case for collection of sum