WHO WILL BE THE CONTENDING PARTIES:

Plaintiff or Claimant
Defendant or defends his position against the claimant
Counter Claimant

Who is the real party in interest?

A party is anyone who will stand benefit or suffer some injury from the avail of the
suit

SIMPLE TEST: if the court render judgement, will you benefit or suffer therefrom?

The real party In interest, you have to know:

Who are indispensable party – one who should be impleaded in order to have final
determination and to attain ultimate relief.

Who are necessary party – who should be impleaded so that court will have
complete determination.

FAILURE TO IMPLEAD AN INDISPENSABLE PARTY: The Judgement will be null and

void.

Cannot dismiss right away, the court will order the plaintiff to implead the
indispensable party.

EXAMPLE: ACTION FOR RECOVERY FOR A TITLE OF A LAND:

I sued: A for presently holding the tilte -Indispensable - Judgement is Null and
Void
B for being the possessor -Necessary - Does not affect the
validity of Judgement
- Case can still continue

A and Borrow from C 2 million. Can C sue A only?

Answer: Yes, A and B are necessary party. C can sue A BUT ONLY UP TO THE
EXTENT OF HIS SHARE IF IT’S JOINT OBLIGATION.

If it is Joint and Solidary, C can sue A for the entire amount.

If the necessary party was not impleaded and the court has order to implead such
necessary party and you failed to comply with such order, the case will still continue
and a valid judgement will be rendered however, there will be a waiver on the part
of the non-impleaded necessary party.
 What if there was no order? – You can still recover from the non-impleaded
necessary party.

REAL PARTY AND INTEREST VS. LOCUS STANDI OR LEGAL STANDING

- A right of appearance in court of justice on a given question

CASE OF DE CASTRO VS. BAR COUNCIL – Direct injury test (People vs. vera
case)

A person suffered substantial personal injury cause by governmental act.

The definition however evolves through time and it was liberalized. This is
what we know now as TRANSCENDENTAL IMPORTANCE.

No longer procedural technicality. - CASE OF ARANETA – Transcendental

importance

It now evolves further to what we know now as the Far-reaching

implication such as Citizen or Tax Payer’s Suit.

A Juridical and Natural Persons can be a party to a case. Entities authorized by law
and Non-Juridical Entities – RULE 14 (SUMMONS) Section 12

- Jurisdiction over the person of the defendant

-
Non-Juridical Entity – Non duly registered, not registered to SEC. He can be sued
under the name he is commonly known.

INDIVIDUAL – Does he have capacity? – MAGUINDANAO CASE

- If he is a minor, he has no capacity.
- MENTAL DISABILITY – No legal capacity

LEGAL PERSONALITY TO SUE – Whether or not he is a party in interest

MINOR – ‘’THEY MUST BE ASSISTED BY THEIR PARENTS OR GUARDIAN”

- If none, there must be guardian ad litem or an appointed by the court

OF AGE, but during pendency suffered an incapacity. By such he cannot on his

own prosecute or defend on his own. HE WOULD NEED TO BE ASSISTED.

MARRIED PERSON
- You have to sue as couple if you have joint interest
Except: Case against each other, case of separation, criminal case against the
other, case involving exclusive property.
- Check RULE 14. Summons are to be serve INDIVIDUALLY to each of the
spouses.
UNWILLING CO-PLAINTIFF
- Maybe a co-owner, has the similar interest, and he is a necessary party but
unwilling or refuses to be impleaded
- HE CAB BE IMPLEADED – but no relief against him.

WHAT IF THE NAME OF THE PARTY IS NOT THERE?

- WRONG NAME WILL NOT RESULT TO THE DISMISSSAL OF THE CASE
- RULE 3 – If name not known you can refer to him as Unknown owner of
Land
An Unknown legatee, An unknown……
- THERE MUST BE SUFFECIENT DESCRIPTION

SUBSTITUTION
- RULE 3, SECTION 16, 17, AND 19 (ABANGAN)
- If the plaintiff or the defendant die, there will be substitution.

Rule 3, Section 16 – will only apply if the party die, and the action will not be
extinguished by reason of death.
- Sum of money be very careful

- IF IT WAS ACTION FOR SUPPORT, kaso patay na ung susupportahan wala ng

kaso

- Specific Performance with an alternative plus damages pwede pa

- BUT IF IT IS PURELY PERSONAL and only the defendant can perform – wala
na.
- But you can still claim damages against the administrator or executor by
reason of his negligent act – RULE 97 suit against administrator or executor

DUTY OF THE COUNSEL REGARDING THE DEATH OF THE PARTY

- Inform the court about the death – 30 days from the FACT OF DEATH, not
on the knowledge of the lawyer.
- Attach the death certificate
- Inform the court of about the legal representative (SUBSTITUTE)
o Substitute will not be personally liable, SUBSTITUTE lang

CORRESPONDING DUTY OF THE COURT TO COMPLETE SUBSTITUTION

- Come up with an order to mandate the party to appear 30 day from notice
- After determining that the party is a legal representative and to order them
to be a substitute.
-
BAR EXAM: SUBSITUTION is not jurisdictional BUT TO SATISFY THE REQUIREMENT
OF JURISPRUDENCE (Napery vs. BARBARONA)
FAILURE OF THE COURT TO ORDER SUBSTITUTION – those who are prejudice by
such failure, judgement against them are null and void.

BUT IF THE REQUIREMENTS was not made but the legal representative
participated and presented evidence – there is substantial compliance

WHAT IF PARTY DID NOT GIVE NAMES OR IF GIVEN NAME DID NOT APPEAR?
- Opposing parry must name the executor or administrator

RULE 3 tells who will be a party in case one of the original party.

Section 20 has a very narrow application. DEFENDANT DIED – Nature of

case – RECOVERY OF SOME OF MONEY
- Generally the action will survive, it will continue against the estate
- RULE 86 and 87

Section 20 is not substitution.

SECTION 16, 20 – BAR EXAM – Defendant dies, but not some of money. The case
was dismissed, was it proper? ANSWER: NO. (unless purely personal)

ANOTHER TYPE OF SUBSTITUTION:

- SECTION 17, Death, Resignation, or Cessation from holding an Office of a
Public Officer
- Those cases that were filed under his watch under his official capacity not
in his personal capacity – those cases will still continue
- To satisfy the requirement:
o It should appear that the successor must adopt such case
o It should within 30 days and must manifest that the successor
wanted to adopt such case or maintain such case
o Successor must given notice and opportunity to be heard

3rd KIND OF SUBSTITUTION:

Can only be effectuated if the person is alive. During the lifetime of the
person with interest
- I have property that is subject of the case, during the pendency I sold the
property. Hence the interest in the property was transferred. That buyer
now, must be impleaded.
RULE 17, section 3. (Indigency failure to pay when he was determined he was not
really indigent the court may order the execution)

CLASS SUIT. – Can a juridical personality about to be incorporated be a party to

the case? “NO” wala pang legal existence.
 - Non Juridical personality will only apply for the protection of the Public
- Common and general interest
o It must be collective and there is no diversity of interest
- Adequacy of representation

EXAMPLE: ACCESS WAY SA SUBDIVISION. All person from the Barangay want to
pass through it. (YES, MAY CLASS SUIT)

BUS ACCIDENT – class suit has no standard number but here no class suit (No
class suit, diverse interest depending on their age, life expectancy, standing in life,
present employment etc.)

Employees remove because of pandemic --- (labor case – no class suit)

VENEU – IN CIVIL CASES, VENUE CAN BE STIPULATED EVEN FOR REAL ACTION OR
EJECTMENT CASES
- Hindi lang limited sa personal action.

MARAMING PARTIES
A and B vs. C is in Cebu - Personal action
A – Manila, B- Makati, C is in Cebu. Where to file?
It may be file in manila, Makati, or Cebu, at the option of the plaintiff or
option of the plaintiff.

It must always be the principal plaintiff and not the residence of the nominees.

HOW ABOUT MULTIPLE VENUE STIPULATION?

- Most recent stipulation.
WAIVING ALL OTHER VENUES (watch out for words of exclusivity)
- If there is no words stating exclusivity, the action may be filed in the
resident of the plaintiff, resident of the defendant, or the venue stipulated.
- What is stipulated is only an addition
Question in the validity of a contract, any stipulation therein about the venue will
not apply.

IMPROPER VENUE IS NOT A GROUND FOR MOTION TO DISMISS OR DISMISSAL

MOTU PROPIO

What if there is a law that provides for the VENUE? THEN PARTIES CANNOT
STIPULATE. Parties must follow the venue stipulated under such LAW.
Example: Quo Warranto, Adoption, Depositions, etc.

CASE OF HYGIENIC CORP. vs. NUTRI ASIA

- Invoice/purchase order are not contract. Only a proof that item has been
delivered/received.
 - Must be filed at the office of the plaintiff or the respondent, at the option
of the plaintiff.

EVEN IF THERE IS VENUE STIPULATION IN THE CONTRACT BUT THE ACTION DID
NOT ARISE FROM SUCH CONTRACT, THE STIPULATION IN THE CONTRACT WILL
NOT APPLY.

RULES ON SUMMART PROCEDURE:

- The Court will examine the complaint if it is dismissible, the court will
dismiss it outright.
- If not dismissible, the court will now issue summon
- Respondent will file an answer
WHAT IF hindi sumagot? The Court will now proceed with preliminary
Conference, the Court may render judgment if they could see that they can
render judgement base on evidence.

From the last day of the filing of the answer, the Court may render judgement
base on the complaint and the evidence.

10 days from receipt of the Preliminary Conference Order, the parties must
submit position paper and Judicial Affidavits. – CIVIL SUMMARY PROCEDURE,
WALANG TRIAL.
- Walang MR
- Petition for Certiorari hindi pwede pero pwede magfile ng appeal, you can
also file Reconsideration.
-
SUMMARAY PROCEDURE – Need a lawyer

SMALL CLAIMS – all you need is statement of claim. The form is provided for by
the Court, it also has certification against forum shopping.
- Respondent must file a response. (hindi answer kundi response within 10
days
- There is no default
- 24hrs from the last hearing must render decision
- Decision is final and executory, no MR, no appeal, (pwede Rule (65)
-
AMENDMENTS OF 2019

Take note the definition of a pleading:

- A pleading is a written statement of claims and defenses
- Affirmative and
- Negative defenses specific denial of the material facts/allegations in the
pleading that lay down the cause of action.
Recovery of Title – Negative defense (I am not in possession of that)
o Denies the cause of action
 AFFIRMATIVE DEFENSE – When the defendant hypothetically admit the
material allegations in the complaint.
Example: Collection of Sum of Money –

AFFIRMATIVE DEFENSE – OO may utang ako asyo, pero Bayad nay an. Eto
nga resibo oh.

EXAMPLE OF AFFIRMATIVE DEFENSE – Prescription.

ANSWER - will have a counter claim, compulsory counter claim and

permissive counter claim to have full understanding.

COMPULSORY COUNTER CLAIM:

- Claim arises out or connected with the same transaction or occurrence
which is the subject matter of the case
- Should be within the jurisdiction of the Court
- Failure to raise is tantamount to waiver – (REMEDY – AMEND THE ANSWER)

PERMISSIVE COUNTER CLAIM

- Completely Separate
- Needs filing fee
- Needs certificate against forum shopping.
CROSS CLAIM
- Does not require leave of Court because it is a claim among and against the
party in the case

Example: A filed a claim for sum of money against B and C

- CROSS CLAIM – B however said that “it is only the loan of C”

A REPLY IS NO LONGER REQUIRED UNDER THE 2019 AMENDMENTS

- All matters raised in the answer is deemed controverted by the plaintiff
- If he wants to meet the new matters raised, don’t file a reply but a
supplemental complaint or amend the complaint.
- ONLY INSTANCE WHEN REPLY IS REQUIRED – When answer attach an
actionable document which must be denied under oath. If not denied
under oath, the plaintiff admits the genuineness and due execution.
ACTIONABLE DOCUMENT – written document that is the basis of a claim or the
cause of action. Must attach the copy of the document.
- RULE 8, Section 7 and Section 8
- Aside from reproducing a copy, the party presenting must attach the actual
original
- Must be specifically deny under oath
o As to the genuineness and due execution
 If you’re not going to deny or there is no need to deny the
GENUINENESS and EXECUTION – No need to deny the
actionable document under OATH.
 - Specific denial, you must go to the exact paragraph that mention and
describe such document.

3 WAYS TO DENY AN ALLEGATIONS

- Deny the truth
- Qualified Denial
- Denial due to lack of knowledge or information to form a belief
o General denial may be tantamount to admission.
o DENIAL MUST BE CERTAIN AND CATEGORICAL
o Failure to specifically deny is tantamount judicial admission.

THIRD PARTY COMPLAINT

- Would require leave of court.
- File motion to admit third party complaint – attach the complaint – RULE 15
- The court would examine it
- What if the court admits it, can it be later denied?
o 3rd party cannot be located after 30 days from the grant of leave
o Involves extraneous matter
o Involves separate and different cause of action
 MUST FILE A SEPARATE CASE FOR THE 3RD PARTY DEFENDANT
 So that the main case will not be delayed.
- Denial of the 3rd party complaint is not tantamount to res judicata.
- Period to file an answer to the 3rd party complaint – 30 DAYS, entitled to
extension for a good cause.

CONTENTS:

RULE 7, SECTION 6.
- Rule 2, section 2.
- Now need na nakaattach and Judicial Affidavits
- SECTION 6
- This is a new provision which revolutionizes the format of the complaint or
answer. It is required under Section 6, Rule 7 of the 2019 Amendments to
state the following:
- (a) Names of witnesses who will be presented to prove a party’s claim or
defense;
- (b) Summary of the witnesses’ intended testimonies, provided that the
judicial affidavits of said witnesses shall be attached to the pleading and
form an integral part thereof.
- (c) Documentary and object evidence in support of the allegations
contained in the pleading
ONLY THOSE JUDICIAL AFFIDAVIT THAT IS ATTACH CAN BE ADMITTED AS WITNESS
- Exception: ONLY FOR MERITORIOUS REASON
RULE 18- Section – 2, NATURE lower portion – Reservation of testimonial
evidence. Tell the court the name and personal circumstances and for what
purpose are they testifying.

DOCUMENTARY EVIDENCE - Reserve in documentary evidence – Must present

description of such document

RULE 7 applies to both the complainant and the defendant. COMPLAINT AND
ANSWER

RULE 7 SECTION 6 in relation to this rule - RULE 8. Section 1 In

general. — Every pleading shall contain in a methodical and logical form, a
plain, concise and direct statement of the ultimate facts, including the
evidence on which the party pleading relies for his or her claim or defense,
as the case may be. If a cause of action or defense relied on is based on
law, the pertinent provisions thereof and their applicability to him or her
shall be clearly and concisely stated.

THERE IS A CERTIFICATE WHEN A LAWYER SIGN:

 Under the 2019 Amendments, the signature of lawyer in the pleading

and other written submission is a certification that:
 1) He or she has read the document;

 2) That to the best of his knowledge, information, and belief

FORMED AFTER AN INQUIRY REASONABLE UNDER THE
CIRCUMSTANCES:

 (a) It is not being presented for any improper purpose, such as

to harass, cause unnecessary delay, or needlessly increase the
cost of litigation;

 (b) The claims, defenses, and other legal contentions are

warranted by existing law or jurisprudence, or by a non-frivolous
argument for extending, modifying, or reversing existing
jurisprudence;

 (c) The factual contentions have evidentiary support or, if

specifically so identified, will likely have evidentiary support
after availment of the modes of discovery under these rules; and

 (d) The denials of factual contentions are warranted on the

evidence or, if specifically so identified, are reasonably based
on belief or a lack of information.
SECTION 3
 Please take note:
 The lawyer may receive sanctions from the Court if he or she violates the
rule or reneges on his or her certification. The sanction may be extended to
the law firm which jointly and severally liable for a violation committed by
its partner, associate, or employee.
- EVEN WITHOUT MOTION
- Not necessarily a monetary – can be in other valid forms.
-
The sanction may include, but shall not be limited to, non-monetary directive or
sanction; an order to pay a penalty in court; or, if imposed on motion and
warranted for effective deterrence, an order directing payment to the movant
of part or all of the reasonable attorney’s fees and other expenses directly
resulting from the violation, including attorney’s fees for the filing of the motion
for sanction. The lawyer or law firm cannot pass on the monetary penalty to the
client.

VERIFICATION:

Not all complaints have to be verified, only those that are required by law.

 A pleading required to be verified that contains a verification based on

“information and belief,” or upon “knowledge, information and belief,” or
lacks a proper verification, shall be treated as an unsigned pleading.
 The Absence of a proper verification shall be treated as unsigned pleading
and an UNSIGNED PLEADING PRODUCES NO LEGAL EFFECT.

VERIFICATION
I, ________________________________, after being duly sworn in accordance
with law, depose and state that:
1. I am the petitioner in the foregoing Petition;
2.  I have caused the preparation of the foregoing petition and read the
allegations therein and the same are true and correct of my own
knowledge and based on authentic records.

______________________

Affiant
SUBSCRIBED AND SWORN to before me this ______________________ in the
City of Tuguegarao, affiant exhibiting to me his competent proof of identity.

NOTARY PUBLIC
  Under 2019 Amendments, a pleading is verified by an affidavit of an
affiant duly authorized to sign said verification. The authorization of the
affiant to act on behalf of a party, whether in the form of a secretary’s
certificate or a special power of attorney, should be attached to the
pleading.
 This requirement is applicable when the one who would verify the pleading
is not the party but the one who was authorized by the party.

WHEN THE CLIENT SIGNS:

- He/She saying that the allegations therein are true and correct base on his
personal knowledge. If no knowledge but he/she is a custodian, based on
authentic records.
o CONSISTENT WITH THE EXCEPTION ON THE HEARSAY RULE
- It is not filed to harass, to delay, or increase the cause of litigation.
- That the factual allegations have evidentiary support or if so identified will
likewise have evidence after availing the modes of discovery.

CERTIFICATE AGAINST FORUM SHOPPING:

 Forum shopping involves the institution of two or more cases,

actions or proceedings grounded on the supposition that one or
other court tribunal would make a favorable disposition.
 It is an act of malpractice, is prescribed and condemned as trifling
with the courts and abusing their processes.

CERTIFICATION AGAINST FORUM SHOPPING

I, ________________________________, after being duly sworn in accordance
with law, depose and state that:
1. No other action or proceedings have been commenced and/or are pending
involving the same issues in any court, tribunal or quasi-judicial agency; if
there is such other pending action or claim, I shall report that fact within
five (5) days from notice therefrom to this Court.

______________________

Affiant
SUBSCRIBED AND SWORN to before me this ______________________ in the
City of Tuguegarao, affiant exhibiting to me his competent proof of identity.

NOTARY PUBLIC

WHEN IS THERE FORUM SHOPPING?

Forum shopping consist of filling multiple suits involving the same parties for the
same cause of action, either simultaneously or successively for the purpose of
obtaining favorable judgement. Thus, it has been held that there is forum
shopping on the following:
1. Whenever as a result of an adverse decision in one forum, a party seeks a
favorable decision (other than appeal or certiorari) in another forum.
2. After a party files a petition before the Supreme Court and files another
with the Court of Appeals.
3. When a final judgement in one case will amount to res judicata in another
4. When there is still a pending case involving the same parties, issues and
relief

 Failure to comply with the forgoing requirements shall be not be curable by

mere amendment or other initiatory pleading but shall cause for the
dismissal of the case without prejudice
 The submission of FALSE certification or non compliance with any of the
undertakings their in shall constitute indirect contempt of court.
 If the acts of the party or his counsel clearly constitute wilful deliberate
forum shopping, the same shall be ground for summary dismissal with
prejudice and shall constitute direct contempt, as well as cause for
administrative sanctions.

THE RULE ON VERIFICATION AND CERTIFICATION IS FURTHER DISCUSSED IN THE

CASE OF SENATOR LEILA DE LIMA, G.R. NO.229781

 It must be noted that verification is not an empty ritual or a meaningless

formality. Its import must never be sacrificed in the name of mere
expedience or sheer caprice.
 The Court has distinguished the effects of non-compliance with the
requirement of verification and that of certification against forum
shopping.
1. A defective verification shall be treated as an unsigned pleading and
thus produces no legal effect, subject to the discretion of the court to
allow the deficiency to be remedied,
2. while the failure to certifv against forum shopping shall be cause for
dismissal without prejudice, unless otherwise provided, and is not
curable by amendment of the initiatory pleading.
SECTION 5
 Consistent with Section 4, Rule 7, Section 5 likewise mandates that the
authorization of the affiant to act on behalf of a party, whether in the form
of a secretary’s certificate or a special power of attorney, should be
attached to the pleading.

THE TEST OF FORUM SHOPPING IS RES JUDICATA AND LITIS PENDENCIA

Willful and deliberate forum shopping – there will be direct contempt and it will
result to summary dismissal of the case and a possible administrative sanction.

CORDILLERA GLBOAL NETWORK VS. RAMON PAJE

- Sinong pipirma ng verification? – it should be the party unless he authorize
someone
- Sino pipirma ng Forum Shopping – the same
Paano kung 300 sila?
o Out of 300, 30 lang pumunta.
 THERE IS SUBSTANTIAL COMPLIANCE
 the 30 signatories provided a guarantee that they have ample
knowledge as to the truth of the allegations and the petition is
made in good faith.

CERTIFICATE AGIANST FORUM SHOPPING
- DID NOT SIGN – Will be drop from the case unless they have the same
interest (common interest) signature of one will suffice as substantial
compliance
Example: spouses and co-owners

RULE 8. CONDITION PRECEDENT – it is sufficient that there is general averment.

What if in the answer you want to contest the legal capacity?

- It must be averred and you will have to present evidence to contest the
legal existence. If company get certification from the SEC
- FRAUD and MISTAKE must be alleged with broad particularity
- MALICE, INTENT, OR OTHER CONDITION OF THE MIND – general averment
will suffice
- RULE 131 – the court is presumed that it acted with it competent
jurisdiction.

ACTIONABLE DOCUMENT – specific denial will not apply if the party is not party to
the document or when there is order of an inspection from the court and you
refused to present the same for examination upon the request of a parry, such
party is not required to deny it specifically under OATH

AFFIRMATIVE DEFENSES:

RULE 7
RULE 6 SECTION 5b -RULE 8 SECTION 12 – RULE 15 SECTION 12 -RULE 9 SECTION 1

WHEN YOU RECEIVE A COMPLAINT you have to decide whether to file a motion to
dismiss or file answer.

MOTION TO DISMISS HAS ONLY FOUR GROUNDS:

Motion to dismiss shall not be allowed except on the
following grounds:

i. That the court has no jurisdiction

over the subject matter of the claim.

ii. That there is another action pending

between the same parties for the same
cause; and

iii. That the cause of action is barred

by a prior judgment or by the statute
of limitations;

There are prohibited motions under the new Rules:

• 1. Motion to dismiss
• 2. Motion to hear affirmative defenses;
• 3. Motion for reconsideration of the court’s action on the
affirmative defenses;
• 4. Motion to suspend proceedings without a temporary
restraining order or injunction issued by a higher court;
• 5. Motion for extension of time to file pleadings, affidavits or
any other papers;
• 6. Motion for postponement intended for delay;

Section 12 Affirmative defenses- (a) A defendant shall raise his or her

affirmative defenses in his or her answer, which shall be limited to the
reasons set forth under Section 5 (b), Rule 6, and the following grounds:

THIS ARE GORUNDS FOR MOTION TO DISMISS IN THE OLD RULE

BUT NOW AN AFFIRMATIVE DEFENSE

(1) That the court has no jurisdiction

over the person of the defending
party;
(2) That the venue is improperly laid;
(3) That the plaintiff has no legal
capacity to sue;
(4) That the pleading asserting the
claim states no cause of action; and
(5) That the condition precedent for
filing the claim has not been complied
with.
  Failure to raise the affirmative defenses at the earliest opportunity
shall constitute a waiver thereof.

The court shall motu proprio resolve the above affirmative defenses
within thirty (30) calendar days from the filing of the answer

Wala ng motion for preliminary hearing of affirmative defense. Now COURT

WILL HAVE 30 DAYS to resolve motu propio the affirmative defenses.

The court shall motu proprio resolve the affirmative defenses under Section 12
within thirty (30) calendar days from the filing of the answer. (Section 12, Rule 8).
It is not necessary for the Court to conduct a hearing before it can resolve these
grounds.
- IF DENIED PROCEED WITH PRE-TRIAL

Section 12, Rule 8 of the 2019 Amendments substantially changed the concept of
affirmative defense. Under the new rule, affirmative defenses are not limited to
those matters stated in Section 5 (b), Rule 6. Affirmative defenses must now include
the different grounds for a motion to dismiss under Section 1, Rule 16 of the old
Rules.

This should be read in conjunction with Section 5 (b), Rule 6.

RULE 8 Section 12

What are the affirmative defences under Section 5(b)?

• The affirmative defenses include fraud, statute of limitations, release, payment,
illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and
any other matter by way of confession and avoidance.
- (Within 15 calendar days from the filing) COURT MAY CALLS FOR A
HEARING – 30 days will commence after the termination of the summary
hearing

• Lack of subject matter jurisdiction, litis pendencia and res judicata

AFFIRMATIVE DEFENSES if DENIED is not subject of Motion for

Reconsideration, No petition for certiorari, prohibition, and mandamus. –
PROCEED ANG KASO.

PLEASE TAKE NOTE:

• When for extension of time to file answer is allowed
pursuant Section 11, Rule 11.
• Motion for postponement is allowed if it is based on acts of God, force majeure or
physical inability of the witness to appear and testify. A motion for postponement,
whether written or oral, shall, at all times, be accompanied by the original receipt
from the office of the clerk of court evidencing payment of the postponement fee. If
no proof of payment of postponement fee, the clerk of court shall not accept the
motion.
MOTION TO DISMISS

Grounds that are not raised in the answer or in motion – it is deemed waived
EXCEPT THOSE FOUR
o Prescription
o Res judicata
o Litis pendencia
o No jurisdiction over the subject matter
MOTION TO DISMISS WILL INTERUPT THE RUNNING OF THE PERIOD
- If motion is denied, you will only have the remaining days to file. 30 days to
file answer, if filed in the 15th day, you’ll still have 15 days more to go to be
declared in default.
NEYPES RULE ICHECK LATER KUNG MERON PA.

RULE 22

Sec. 2. Effect of interruption. — Should an act be done which

effectively interrupts the running of the period, the allowable period
after such interruption shall start to run on the day after notice of the
cessation of the cause thereof. The day of the act that caused the
interruption shall be excluded in thecomputation of the period.

IF MOTION TO DISMISS IS DENIED

- You can file Motion for reconsideration
- If not granted – Certiorari

WHAT IF I AM THE PLAINTIFF and the MOTION TO DISMISS IS GRANTED

- If the ground is jurisdiction, - MOTION FOR RECONSIDERATION
- If MR is denied, you cannot file an appeal. You can file RULE 65
o If the ground is litis pendencia or res ju dicata you cannot re-file
o YOU CAN HOWEVER FILE AN APPEAL or MR
- PRESCRIPTION – You can file MR or APPEAL because you cannot refile.

HOW THE COURT WILL DEAL WITH THE AFFIRMATIVE DEFENSE

The judge will have to resolve that within 30 days.

Wala ng motion to call for preliminary hearing for the affirmative defense

IF THE CASE IS DISMISSED AND THE GROUND FOR THE DISMISSAL

CAN BE RE-FILED – ang remedy is RULE 65

KAPAG HINDI PWEDE ire-FILE – APPEAL ANG REMEDY

RULE 15 – SECTION 13

Section 13. Dismissal with prejudice.

— Subject to the right of appeal, an order granting a motion to dismiss or an
affirmative defense that the cause of action is barred by a prior
judgment or by the statute of limitations; that the claim or demand set
forth in the plaintiff’s pleading has been paid, waived, abandoned or
otherwise extinguished; or that the claim on which the action is
founded is unenforceable under the provisions of the statute of frauds,
shall bar the refiling of the same action
or claim. (5, R16)

KAPAG GRINANT ANG AFFIRMATIVE DEFENSE AT NADISMISS ANG

KASO – HINDI PWEDE ANG MR.

ACTION IN THE AFFIRMATIVE – the plaintiff cannot make an MR.

BEING DECLARED IN DEFAULT – RULE 14 SERVICE OF SUMMONS

- PERSONALLY
- BY REGISTERED MAIL
- BY ACCREDITED COURIER
- ELECTRONIC MEANS

If no motion or no answer, the opposing party may file for motion to declare
you in default.

- SOMETIMES THERE IS FAILURE TO SERVER SUMMONS

o Registered mail – it could be days before you can receive

What is need is proof of such failure

- In the bar you just have to know that the defendant filed it in 30 days period
to file answer

EFFECT OF BEING DECLARED IN DEFAULT

- You are no longer allowed to participate but you are entitled to notices of
subsequent proceeding
- The plaintiff may be allowed to present evidence ex parte

WHAT IS THE REMEDY ON BEING DECALRED IN DEFAULT?

- FILE A MOTION UNDER OATH to SET ASIDE THE ORDER
DECLARING THE DEFENDANT IN DEFAULT BASE ON THE
FOLLOWING GROUNDS:
o FRAUD
o ACCIDENT
o MISTAKE
o EXCUSABLE NEGLIGENCE
SAME GROUNDS FOR MOTION OF NEW TRIAL - RULE 37
SAME GROUNDS FOR PETITION FOR RELIEF OF JUDGEMENT – RULE 38
o FRAUD
o EXTRENSIC FRAUD
 o ACCIDENT
o MISTAKE
o EXCUSABLE NEGLIGENCE

RULE 47 – ANNULMENT OF JUDGEMENT

- EXTRENSIC FRAUD

WHAT IS FRAUD HERE?

- Extrinsic Fraud
o It is not fraud in the allegations or fraud in the case, THE FRAUD
HERE IS THE FRAUD THAT PREVENTED YOU FROM
PARTICIPATING IN THE PROCEEDING
 Example: The plaintiff who was the professor convince that the
defendant student not to participate because the defendant was
deceived,
 He mislead me not to file an answer
ACCIDENT

MISTAKE

- Our clerk placed the wrong address of the Court

EXCUSABLE NEGLIGENCE
- You transferred from one office to another so you were not able to file an
answer

BAKIT NEED NA UNDER OATH?

- Because some people may take advantage of it and deceive the court. If
there’s an oath, the court can make you liable.

Other than the motion, you must also show that you have meritorious
defenses.

If there are multiple defendants and one cause of action, the NONE FILING of one
will NOT allow you to present evidence exparte.
- The defendant declared in default cannot participate but entitled to notices

WHAT IF THERE WAS A DEFAULT JUDGEMENT?

- What are your remedies?
o MOTION FOR NEW TRIAL
o FILE AN APPEAL
o If final and executory – PETITION FOR RELIEF OF JUDGEMENT
 6 months from entry of judgement but 60 days of . . . .
o File rule 65, fi the decision was tainted with grave abuse of disretion,
amounting to lack or excess of jurisdiction
AMENDMENTS OF PLEADING RULE 10

- When you file for amendment, it means that you want to correct something
or strike out something
- If you want to introduce a matter or a fact, that fact must be available at the
time of the filing of the pleading sought to be amended
o Omitted fact
o Inadequate description
 Recovery of motor vehicle and you forgot to place the chasis
number
TWO TYPES OF AMENDMENT:
- Amendment as a matter of right
o You are entitled to amendment as a matter of right before a responsive
pleading is filed. Both as to MATTER OF FORM AND
SUBSTANCE
- Amendment by leave of court
o Once an answer is already file, SUBSTANTIAL AMENDMENT
must be made by leave of Court
o Amendment is subject to the discretion of the Court
If the intention is base on the following it shall be denied:
- If the intent was to delay
- If it meant the court to have jurisdiction
- Amend the cause of action
- AMEND THE PLEADING TO STATE THE CAUSE OF ACTION IF AT
THE TIME OF THE FILING THERE WAS NO REALLY CAUSE OF
ACTION -amendment cannot cure that.

FORMAL AMENDMENT – can be done through motion by the party or by the

court motu propio

AMENDMENT TO CONFORM THE EVIDENCE

- What is allege must be supported by evidence – RULE 128 SECTION 1
- It happens that in the course of trial, what is proven is different what is
allege – ( NO NEED TO AMEND) the pleading is deemed amended already

SUPPLEMENTAL PLEADING
- There are subsequent events or occurrence that happened the filing that is
sought to be supplemented
- Section 6 or Rule 10 / section 7, Rule 11
Section 6, Rule 10 - 10 DAYS TO RESPOND TO AN ADMITTED
SUPPLEMENTAL PLEADING

Section 7, Rule 11 – 20 days to RESPOND TO A SUPPLEMENTAL

COMPLAINT
EFFECT OF AMENDED PLEADING
- It supersedes the former pleading
- While the admission may be superseded, it can still be offered against the
pleader
- Those defenses not raised in the amended pleading is already waived

RULE 11 -

Period to file an answer 30 days, can it be extended? Yes for good cause
- Walang ibang pleading an pwede iextend if it is filed beyond the period it is
a mere scrap of paper
- Motion for Reconsideration – hindi pwede iextend

Period to file an answer to a foreign juridical entity

- 60 days from receipt of summons

Period to file an answer for amended complaint (wala pang sagot)

- 30 days
Period to file a response to an amended complaint when there is already an answer
- 10 days
Period to file an answer to a counter claim
- 20 days
o Reply – 15 days
MOTION FOR EXTENSION – para lang sa answer, sa ibang pelading hindi na
pwede

PROHIBITED MOTION
- Motion for extension
- Motion for postponement
o Instances it is allowed:
 Force majeure
 Act of God
 Physical inability of the witness to appear
 Must show that the postponement fee has been paid
- Motion to suspend proceedings
o Can only be suspended if there is TRO or Preliminary proceeding

MOTION FOR BILL OF PARTICULARS – Must be filed within the

reglementary period to file an answer

- Answer must not be filed for you to file motion for Bill of Particulars.

In CRIMINAL amendment must be filed before PLEA – as to matter form and

substance

After plea – ONLY ON MATTER OF FORMS

Before plea the court can downgrade the crime – would require motion from the
prosecutor
DIFFERENCE BETWEEN JURISDICTION AND EXERCISE OF
JURISDICTION

Jurisdiction is conferred by law

EXERCISE OF JURISDICTION:

Absence or lack of jurisdiction, any judgement is null and void. Exercise of

jurisdiction is different however.

CASE OF KU VS. RCBC SECURIESTIES

- Sum of money plus damages (ordinary civil case) but in connection with
traded shares purchased through a securities company
- Raffled to a court in Makati (Not a commercial Court)
- Assigned to other Court
QUESTION: whether the court have jurisdiction for that case for sum of money
plus damages as the court believe that it was intra-corporate dispute case
- It was found out that it was not an intra-corporate dispute
CAN THE COMMERCIAL COURT HAVE JURISDICTION EVEN IF IT IS
JUST AN ORDINARY CIVIL ACTION?
- Answer: YES, general jurisdiction.
- The case must be referred to the executive judge for redocketing
- The special jurisdiction only pertains to exercise of jurisdiction for them to
handle special cases.
EXERCISE OF JURISDICTION

A filed a case involving intra corporate dispute to RTC branch which is not a
COMMERCIAL COURT. Will the court dismiss the case for lack of jurisdiction?
ANSWER: NO, the case will only be transferred to special Court which is also an
RTC branch.

- The case must be referred to the executive judge for redocketing

GONZALES VS. JJ H. LAND

THE COURT MADE A DISTINCTION BETWEEN SUBJECT MATTER

JURISDICTION AND EXERCISE OF JURISDICTION

As a basic premise let it be emphasize that the court acquisition of jurisdiction over
a particular case subject matter is different from incidents pertaining to exercise of
jurisdiction. Jurisdiction over subject matter is conferred by law while exercise of
jurisdiction unless provided by law itself is governed by the rules of court or by the
orders issued from time to time by the court.

- Special Court is just a matter of procedure

RULE 12 – BILL OF PARTICULARS
MOTION FOR BILL OF PARTICULARS

30 DAYS TO FILE
COMPLAINT/SUMMONS ANSWER

- It is a litigious motion. The plaintiff have to comment WITHIN 5 DAYS

because it is litigious motion and the court will resolve it in 15 days (it is in
RULE 15.

Kapag may answer na hindi kana pwedeng mag bill of particulars

Why we file for Bill of Particulars:

- Plaintiff allegations is defective
- You have to identify the defects
- Tell the other parties the details desired
If the court granted the bill of particulars, the complaint maybe amended or
submit a bill of particulars.

If bill of particulars is denied, the defendant must now file an answer

COMPLAINT Motion for Bill of Particulars

Comply with the Order

GRANTED Motion for Reconsideration
65

ANSWER
DENIED Motion for Reconsideration
65

If motion to dismiss and filed on the last day, if denied you only have one day.
- BILL OF PARTICULARS may be filed in the last day, if it is denied. How many
days do you have? In all cases you still have 5 days.
-
BAR EXAM: Can a bill of particulars be denied outright? - YES

If the plaintiff did not comply with the Order of Bill of Particulars
- Allegations may be stricken off
- Case may be dismissed
For the defendant if the motion is denied
- The reglementary period will start to run
 - The defendant may be declared in default

EXAMPLE: A was trading shares in a security company for which he is oblige to pay
commission. a case was filed against A for the collection of sum of money
amounting to 3 million. However A said that he is liable but not to the sum of 3
million. In the pleading, the item that stated the 3 million did not specifically states
on how they computed the 3 million. What is the remedy of A?

ANSWER: File a Bill of particulars citing the paragraph that stated the 3 million.

SUMMONS AND THE COMPAINT IS SERVE ON MAY 1, until when can he file an
answer? – until may 31

The act that cause the interruption is not included. How many more days you
have? – Rule 22 section 2. You still have 17 days

MOTION FOR BILL OF PARTICULARS (15th day)

COMPLAINT/SUMMONS ANSWER
30 DAYS TO FILE

Once an answer is filed you cannot file anymore for bill of particulars

IN CRIMINAL CASE THERE IS ALSO BILL OF PARTICULARS

- RULE 116 Section 9. (Arraignment and plea)
- Before the information is read you can ask for bill of particulars
GUIDELINES ON CONTINUOUS TRIAL
Grounds for suspension of arraignment:
o Unsound mind
o Prejudicial question
o Review of the DOJ
o – IT IS CALLED MERITORIOUS MOTION
MOTION TO QUASH – BEFORE PLEA IN WRITING:
Grounds: Rule 117

MAGSEAT BELT DAW!

FILING AND SERVICE:

RULE 13 AND RULE 14 - cannot mix, hindi mix and much:

Rule 13 – Filing. What is the manner of filing

 - PERSONAL FILING: bring to the court, stamped, signed, and duly dated
o WHEN IS IT CONSIDRED FILED? – on the hour and date of its filing
- REGISTERED MAIL: A party goes to the post office, you will pay, and mailed
it. There is a return card that looks like a class card. The return card is a
proof that it was received, and it will be submitted to court together with
the receipt.
o WHEN IS IT CONSIDERED FILED? – on the date of its mailing.

- BY ACCREDITED COURIER: there is tracking number, and receipt. The courier

must be accredited.
o WHEN IS IT CONSIDERED FILED? - On the date of mailing

- ELECTRONIC MAIL OR OTHER ELECTRONIC MAIL: section 9, RULE 13, parties

will have to consent and there is a court order
o WHEN IS CONSIDERED FILED? - on the date of electronic transmission
o Paano pagpapalit email? – inform the court within 5 days

COMPLAINT MUST BE SERVE FIRST BEFORE FILING IT IN COURT.

Personal Service – should be prioritize, if other service will be availed the party
must provide an explanation in the pleading as to why it can’t be serve
personally.

What are those that originate from the courts that must be serve: Section 13/18
- Orders
- Resolutions
- Decisions

MODES OF SERVICE:

Personal service: it is service by personal delivery of a copy with the party’s

counsel or his authorized representative
- By leaving a copy to that counsel or his representative in his office during the
hours of 8 in the morning to 6 PM to a person in charge thereof. Rule 14 this
is substituted service but in rule 13 personal service ito
- Or leaving a copy in his residence to a person of sufficient discretion residing
therein
There is still ordinary mail if registered mail is not available but it is highly
discouraged.

Substituted service: (rule 13, section8 pls check): Substituted service shall be
availed if there is failure of personal service or service by mail.
- There must be proof of such failure, an affidavit of the person serving it.
- It is done by submitting such document to the court with proof of such
service.
-
PRESUMPTIVE SERVICE: hindi nagaapply sa lahat. Nagapply lang sa court for
serving notice of setting.
- If the court serve notice of setting at least 20 calendar days prior the date of
hearing, if they are in the same judicial region, they are presumed to have
received the notice of setting.
- If outside judicial region at least 30 days

The court will only serve final judgement, order, or resolution through personal
service or by a registered mail.

It may be done through an accredited courier by filing an ex parte motion by the

other party and he will shoulder the expenses. – section 13

It can also be done through publication – should be shouldered by the prevailing

parties.

Pwede lang electronic kung order or document siya to all parties if it has the same
effects. Pero and decision, final order, final resolution hindi pwede.

PRIMARY PARIN FILING OR SERVICE PERSONALLY or BY REGISTERED MAIL–

- Initiatory pleading – because you have to pay
o Answer – if there’s permissive counter claim kasi my docket fees
- Subpoena, writs – personal or by registered mail (Rule 21, section 6 – by
personal or if by failure through substituted service.
- VOLUMINOUS (di kayang electronic)
- SEALED AND CONFIDENTIAL DOCUMENTS

PROOF OF FILING:
- It should appear in the records of the case
- Registry receipt and affidavit of the person filing (importante ang affidavit)
- NEED ANG AFFIDAVIT KAPAG REGISTERED MAIL pababa

COMPLETENESS OF SERVICE:

Personal – actual delivery

Ordinary mail – expiration of period of 10 days from date of mailing
Registered mail – actual receipt or expiration of 5 days from first notice (w/c ever
comes first.
Accredited courier – actual receipt by the addressee or two attempts by the
courier or after expiration of 5 days from first attempt.
Electronic service- Electronic Transmission (proof that it is sent)

PROOF OF SERVICE

PERSONAL - written acknowledgement, and official return of the one who serve.
 (need of an affidavit if there is refusal to receive)
- Registry receipt and affidavit of the person filing (importante ang affidavit)
- NEED ANG AFFIDAVIT KAPAG REGISTERED MAIL pababa (other than
personal service)

ADMINISTRATIVE 251 – 2020 - October 1, 2020 (civil and commercial matters)

- Guidelines on the implementation in the Philippines of the Hague Service
Convention on the Service Abroad of Judicial Documents
- Application – the document to be transmitted from one state party to for
service to another party
- In a state that acceded to the Hague service convention
- The address in the recipient state is known
- Pag galling sa Pilipinas (outbound) – kapag galling sa ibang bansa (inbound)
- There is a central authority (sila magfoforward)
- JUDICIAL DOCUMENT
o ORDERS
o RESOLUTIONS
o JDUGEMENTS
o And other official documents that are issued in connection with civil or
commercial proceedings including pleadings and all other court
submissions by parties. (kasama ang SUMMONS)

LIS PENDENS:
- EXAMPLE: it is a notice, it does not establish a right or a fact. The rest of the
world is put on notice that the property is a subject of a pending litigation.
That is a question of a title, possession, or interest over a real property.
- Not a provisional remedy
- Why is there a need for notice – so that the public knows that if I deal with
this property, that they will be subject of the outcome of the case.
- HINDI PWEDE SA SUM OF MONEY
- Paano mag pa annotate ng lis pendens:
o Pag file ng kaso, may bayad na, mat tatak na, pwede na mag pa lis
pendens.
o Memorandum lang, he has already the case, the party, what is the
title, typical description. (No need for court order)
o To cancel it (needs a court order through motion (15 days to resolve)
o GROUNDS TO CANCEL:
 It is no longer necessary to protect the right
- ACTION TO RECOVER, QUIETING TITLE, REMOVE CLOUD, PARTITION. ALL
OTHER PROCEEDING DIRECTLY AFFECTING TITLE, USE, OR OCCUPATION

INSTANCES DI PWEDE MAG LITIS PENDES

- PROBATE
- PRELIMANRY ATTACHMENTS
- LEVY OR EXECUTION
 - ADMINISTRATION OF ESTATE.
- RECOVERY OF MONEY
LITIS PENDENS – THERE MUST BE PENDING JUDICIAL PROCEEDING
(hindi pwedeng administrative)

RULE 14 – SUMMONS - HEAVILY AMENDED

Duty of the judge to immediately examine the pleading. If the judge can dismiss,
he can dismiss. Rule 9, section 1 (ung apat ng grounds)
- If it cannot be dismissed motu propio, the court should issue summons.
- 30 days from receipt of summons the defendant must file an answer
- Reglementary period will only start if summons is properly served
- The plaintiff cannot serve summon unless he is duly authorized

mong the significant changes are: (a) power of the court to dismiss the complaint even before
directing the issuance of summons; (b) authority of the plaintiff to serve the summons; (c) a new
provision on validity of summons; (d) service on spouses; (e) what constitutes “reasonable time”
for substituted service, as well as the grounds thereof; (f) additional persons authorized to
receive for private juridical entities; (g) deputization of defendant’s counsel to serve summons
improperly served; and (h) revisions on service of summons on foreign private juridical entities. 

COURT MAY DISMISS MOTU PROPRIO

Under the old 1997 Rules, the clerk of court issues the summons without need of directive from
the judge and without any specific period to cause the issuance of summons. More importantly,
the court cannot order the dismissal of the case at that point. 

Radical changes have been introduced in the 2019 Amendments. The court, motu prioprio, may
dismiss the complaint if, on its face, it is dismissible based on the following grounds:

 the court has no jurisdiction over the subject matter 

 there is another action pending between the same parties for the same cause, or 

 the action is barred by a prior judgment or by statute of limitations

It is interesting that this Section does not include other grounds for dismissing a complaint, e.g.,
there is no verification page, or a defective certification against forum shopping. 

If the complaint is not dismissible, the court shall, within 5 calendar days from receipt of the
initiatory pleading and proof of payment of the requisite legal fees, direct the clerk of court to
issue the corresponding summons to the defendants. 

CONTENTS OF SUMMONS
The 2019 Amendments reproduces most of the required contents of summons under the
old 1997 Rules. The summons shall be directed to the defendant, signed by the clerk of court
under seal, and contain: 

 The name of the court and the names of the parties to the action; 
  A direction that the defendant answer within the time fixed by these Rules; and 

 A notice that unless the defendant so answers, plaintiff will take judgment by default and
may be granted the relief applied for. 

A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached
to the original and each copy of the summons.

However, the 2019 Amendments introduces one more required content — when authorized by

the court upon ex parte motion, an authorization for the plaintiff to serve summons to the
defendant. Under the old 1997 Rules, the plaintiff may accompany the sheriff or the process
server, but cannot serve the summons on his/her own. 

BY WHOM SERVED
The summons may be served by the sheriff, his or her deputy, or other proper court officer.

SERVICE OF SUMMONS BY PLAINTIFF

One of the most significant changes introduced under the 2019 Amendments is the authority of
the plaintiff to serve summons. 

In case of failure of service of summons by the sheriff or his deputy, the court may authorize the
plaintiff to serve the summons – together with the sheriff. 

In cases where summons is to be served outside the judicial region of the court where the
case is pending, the plaintiff shall be authorized to cause the service of summons. 

If the plaintiff is a juridical entity, it shall notify the court, in writing, and name its authorized
representative therein, attaching a board resolution or secretary’s certificate thereto, as the case
may be, stating that such representative is duly authorized to serve the summons on behalf of
the plaintiff. 

If summons not served

If summons is returned without being served on any or all the defendants, the court shall order
the plaintiff to cause the service of summons by other means available under the Rules. 

Failure to comply with the order shall cause the dismissal of the initiatory pleading without
prejudice. 

Misrepresentation of plaintiff

If the plaintiff misrepresents that the defendant was served summons, and it is later proved that
no summons was served:

 the case shall be dismissed with prejudice, 

 the proceedings shall be nullified, and 

 the plaintiff shall be meted appropriate sanctions. 

VALIDITY OF SUMMONS; ALIAS SUMMONS
A new section has been introduced under the 2019 Amendments, relating to the validity of
summons and issuance of alias summons. 

Summons shall remain valid until duly served, unless it is recalled by the court. In case of loss
or destruction of summons, the court may, upon motion, issue an alias  summons. [Under the
old 1997 Rules, alias summons is issued in case it is lost or in case the summons is returned
without being served.]

There is failure of service after unsuccessful attempts to personally serve the summons on the

defendant in his or her address indicated in the complaint. Substituted service may be resorted
to (see below). 

SERVICE IN PERSON ON DEFENDANT

Whenever practicable, the summons shall be served by handing a copy thereof to the defendant
in person and informing the defendant that he or she is being served, or, if he or she refuses to
receive and sign for it, by leaving the summons within the view and in the presence of the
defendant. 

SUBSTITUTED SERVICE
If, for justifiable causes, the defendant cannot be served personally after at least 3 attempts on
2 different dates, service may be effected: 

 (a) By leaving copies of the summons at the defendant’s residence to a person at least 18
years of age and of sufficient discretion residing therein; 

 (b) By leaving copies of the summons at the defendant’s office or regular place of
business with some competent person in charge thereof. A competent person includes,
but is not limited to, one who customarily receives correspondences for the defendant; 

 (c) By leaving copies of the summons, if refused entry upon making his or her authority
and purpose known, with any of the officers of the homeowners’ association or
condominium corporation, or its chief security officer in charge of the community or the
building where the defendant may be found; and 

 (d) By sending an electronic mail to the defendant’s electronic mail address, if allowed by
the court. 

The old 1997 Rules only provides for (a) and (b) and merely provides that substituted service may
be resorted to if summons cannot be served “within a reasonable time”. The 2019
Amendments clarifies that “reasonable time” means at least 3 attempts on 2 different dates.

DUTY OF COUNSEL ON RECORD

A new, and very interesting, provision has been added in the 2019 Amendments. Where the
summons is improperly served and a lawyer makes a special appearance on behalf of the
defendant to, among others, question the validity of service of summons, the counsel shall
be deputized by the court to serve summons on his or her client. 

[Note: This means that in case a motion ad cautelam is filed, seeking the dismissal of the
complaint on the ground of improper service of summons, the motion is as good as not filed
because the defendant’s can counsel can be deputized to serve the summons. See also: Motion
to Dismiss.]

SERVICE UPON ENTITY WITHOUT JURIDICAL ENTITY

When persons associated in an entity without juridical personality are sued under the name by
which they are generally or commonly known, service may be effected upon all the defendants
by serving upon any one of them, or upon the person in charge of the office or place of business
maintained in such name. But such service shall not bind individually any person whose
connection with the entity has, upon due notice, been severed before the action was filed.
The 2019 Amendments practically reproduces the provisions of the 1997 Rules, except the
substitution of “brought” with “filed”. 

SERVICE ON PRISONERS
When the defendant is a prisoner confined in a jail or institution, service shall be effected upon
him or her by the officer having the management of such jail or institution who is deemed as a
special sheriff for said purpose. 

The 2019 Amendments practically reproduces the provisions of the 1997 Rules, but adds that
the jail warden shall file a return within 5 calendar days from service of summons to the
defendant.

SERVICE CONSISTENT WITH INTERNATIONAL

CONVENTIONS
Service may be made through methods which are consistent with established international
conventions to which the Philippines is a party. [This is a new provision in the 2019 Amendments.]

SERVICE UPON MINORS AND INCOMPETENTS

When the defendant is a minor, insane or otherwise an incompetent person, service of
summons shall be made upon him or her personally and on his or her legal guardian if he or she
has one, or if none, upon his or her guardian ad litem  whose appointment shall be applied for by
the plaintiff. In the case of a minor, service shall be made on his or her parent or guardian. [The
section is practically a reproduction of the old 1997 Rules.]

SERVICE UPON SPOUSES

When spouses are sued jointly, service of summons should be made to each spouse individually.
This is a new provision in the 2019 Amendments.]
READSERVICE UPON DOMESTIC PRIVATE JURIDICAL
ENTITY
When the defendant is a corporation, partnership or association organized under the laws of the
Philippines with a juridical personality, service may be made on the president, managing partner,
general manager, corporate secretary, treasurer, or in-house counsel of the
corporation wherever they may be found, or in their absence or unavailability, on their
secretaries. [Under the old 1997 Rules, service must be done in the address indicated in the
complaint, and cannot be made on secretaries.]

The following new provisions have been introduced in the 2019 Amendments:

 If such service cannot be made upon any of the foregoing persons, it shall be made upon
the person who customarily receives the correspondence for the defendant at its
principal office. 

 In case the domestic juridical entity is under receivership or liquidation, service of

summons shall be made on the receiver or liquidator, as the case may be. 

 Should there be a refusal on the part of the persons above-mentioned to receive

summons despite at least 3 attempts on 2 different dates, service may be
made electronically, if allowed by the court, as provided under Section 6 of this Rule. 

SERVICE UPON FOREIGN PRIVATE JURIDICAL ENTITIES

When the defendant is a foreign private juridical entity which has transacted or is doing
business in the Philippines, as defined by law, service may be made on its resident agent
designated in accordance with law for that purpose, or, if there be no such agent, on the
government official designated by law to that effect, or on any of its officers, agents, directors or
trustees within the Philippines. 

The preceding paragraph is practically a reproduction of the 1997 Rules, except: (a) the provision
that the foreign entity is doing business in the Philippines as defined by law; and (b) service is
also allowed on the directors or trustees, in addition to the entity’s officers or agent in the
Philippines. 

The 2019 Amendments also adds that if the foreign private juridical entity is not registered in the
Philippines, or has no resident agent but has transacted or is doing business in it, as defined by
law, such service may, with leave of court, be effected outside of the Philippines through any of
the following means: 

 (a) By personal service coursed through the appropriate court in the foreign country with
the assistance of the department of foreign affairs; 

 (b) By publication once in a newspaper of general circulation in the country where the
defendant may be found and by serving a copy of the summons and the court order by
registered mail at the last known address of the defendant; 

 (c) By facsimile; 

 (d) By electronic means with the prescribed proof of service; or 

 (e) By such other means as the court, in its discretion, may direct.
SERVICE UPON PUBLIC CORPORATIONS
When the defendant is the Republic of the Philippines, service may be effected on the Solicitor
General; in case of a province, city or municipality, or like public corporations, service may be
effected on its executive head, or on such other officer or officers as the law or the court may
direct. [This is a reproduction of the 1997 Rules.]

SERVICE ON DEFENDANTS WHOSE IDENTITY OR

WHEREABOUTS ARE UNKNOWN
In any action where the defendant is designated as an unknown owner, or the like, or whenever
his or her whereabouts are unknown and cannot be ascertained by diligent inquiry, within 90
calendar days from the commencement of the action, service may, by leave of court, be effected
upon him or her by publication in a newspaper of general circulation and in such places and for
such time as the court may order. [Except the additional provision on the 90-day period, this
paragraph is practically a reproduction of the 1997 Rules.]

The 2019 Amendments  adds that any order granting such leave shall specify a reasonable time,
which shall not be less than 60 calendar days after notice, within which the defendant must
answer. 

EXTRATERRITORIAL SERVICE
Service may, by leave of court, be effected out of the Philippines when the defendant does not
reside and is not found in the Philippines, and the action 

 affects the personal status of the plaintiff or 

 relates to, or the subject of which is, property within the Philippines, in which the
defendant has or claims a lien or interest, actual or contingent, or 

 in which the relief demanded consists, wholly or in part, in excluding the defendant from
any interest therein, or 

 the property of the defendant has been attached within the Philippines,

In these instances, the mode of service shall be:

 by personal service by plaintiff (see discussion above); or 

 as provided for in international conventions to which the Philippines is a party [this is the
only addition under the 2019 Amendments); or 

 by publication in a newspaper of general circulation in such places and for such time as
the court may order, in which case a copy of the summons and order of the court shall be
sent by registered mail to the last known address of the defendant, or in any other
manner the court may deem sufficient. 

Any order granting such leave shall specify a reasonable time, which shall not be less than 60
calendar days after notice, within which the defendant must answer. 
RESIDENTS TEMPORARILY OUT OF THE PHILIPPINES
When any action is commenced against a defendant who ordinarily resides within the
Philippines, but who is temporarily out of it, extraterritorial service may, by leave of court, be
resorted to. [This is a reproduction of the provisions in the old 1997 Rules.]

LEAVE OF COURT
Any application to the court under this Rule for leave to effect service in any manner for which
leave of court is necessary shall be made by motion in writing, supported by affidavit of the
plaintiff or some person on his behalf, setting forth the grounds for the application. [This is a
reproduction of the provisions in the old 1997 Rules.]

RETURN
The old 1997 Rules simply provides that when the service has been completed, the server shall, 5
days therefrom, serve a copy of the return, personally or by registered mail, to the plaintiffs
counsel, and shall return the summons to the clerk who issued it, accompanied by proof of
service. This has been significantly expanded under the 2019 Amendments.

 There is now a requisite period when to serve the summons and file a return. The sheriff
or process server, or person authorized by the court, shall complete the service of
summons within 30 calendar days from the issuance of summons by the clerk of court
and receipt thereof. 

 Within 5 calendar days from service of summons, the server shall file with the court and
serve a copy of the return to the plaintiff’s counsel, personally, by registered mail, or by
electronic means authorized by the Rules. [The 5-day period is also provided in the
old 1997 Rules, but the summons is returned to the clerk of court who issued it. Under
the 2019 Amendments, the return is filed with the court and not given to the clerk of
court.]

Should substituted service have been effected, the return shall state the following: 

 (1) The impossibility of prompt personal service within a period of 30 calendar days from
issue and receipt of summons; 

 (2) The date and time of the 3 attempts on at least 2 different dates to cause personal
service and the details of the inquiries made to locate the defendant residing thereat;
and 

 (3)The name of the person at least 18 years of age and of sufficient discretion residing
thereat, name of competent person in charge of the defendant’s office or regular place of
business, or name of the officer of the homeowners’ association or condominium
corporation or its chief security officer in charge of the community or building where the
defendant may be found.

PROOF OF SERVICE
The proof of service of a summons shall be made in writing by the server and shall set forth the
manner, place, and date of service; shall specify any papers which have been served with the
process and the name of the person who received the same; and shall be sworn to when made
by a person other than a sheriff or his or her deputy. 

The foregoing paragraph is a reproduction of the 1997 Rules. The 2019 Amendments, however,

adds that if summons was served by electronic mail, a printout of said e-mail, with a copy of the
summons as served, and the affidavit of the person mailing, shall constitute as proof of service.

PROFF OF SERVICE BY PUBLICATION

If the service has been made by publication, service may be proved by the affidavit of
the publisher, editor, business or advertising manager, to which affidavit a copy of the
publication shall be attached and by an affidavit showing the deposit of a copy of the summons
and order for publication in the post office, postage prepaid, directed to the defendant by
registered mail to his or her last known address. 

In the old 1997 Rules, the publisher is not included in the list, and the following are included:
printer, his foreman or principal clerk.

VOLUNTARY APPEARANCE
The defendant’s voluntary appearance in the action shall be equivalent to service of summons.
The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the
person of the defendant shall be deemed a voluntary appearance. [The amendment turns
the 1997 Rules  on its head.

BAR EXAM TENDER OF SUMMONS:

BAR EXAM QUESTIONS:

THE SHERIFF IS GOING TO SERVE SUMMONS TO A, A REFUSED, WHAT IS THE

REMEDY OF THE SHERIFF?
- He must leave the copy within the view and in the presence of the
defendant
-
Example: si inday humarap kay sheriff, sabi ni inday kay boss niya “sir may taga
court po dito magaabot daw ng document” -naliligo si bosss (sige paiwan mo
nalang) Is it a TENDER?

ANSWER: NO, kasi hindi naman within the view and in the presence of.

Kung malayo man, pero Nakita parin niya at alam niyang summons, - THERE IS
TENDER PARIN.

BAR QUESTION: wala lagi si defendant, inabot sa asawa. Iniwan sa asawa sabi
“pakibigay nalang po” – is there proper substituted service of summons?

ANSWER: NO – Proper substituted service of summons requires that there should

have at least 3 attempts in two separate dates.
- Kanino iiwan dapat? Pwede kay inday
 - Summons may be serve to the residence of the defendant to a person
residing therein of legal age and sufficient discretion
- Pwede rin sa office – to the office or regular place of business to a person in
charge therein
o Pero 3 attempts muna in two separates date
o In offices there is mailing or receiving ang importante is to the one
who customarily serves

The substituted service it must be done in the address indicated in the complaint
(section 4) – if you want to serve it in the defendant any where basta sa defendant
magreceive okay lang. – it may be serve wherever he is in the Philippines basta
personally serve mismo sa defendant.

WHAT IF THE PERSON IS DETAINED?

- THE JAIL WARDEN SHALL FILE A RETURN WITHIN 5 CALENDAR DAYS FROM
THE SERVICE OF SUMMONS

MINOR OR INCOMPETENT ASSISTED BY A GUARDIAN

- Summons must be served to his legal guardian, parent, guardian ad litem
- Insane person – legal guardian, parent, or guardian ad litem

JURIDICAL ENTITIES – Domestic corp, foreign corp, public corporation

- DOMESTIC CORPORATION, ASSOCIATION, PARTNERSHIP
o Summons must be serve to PRESIDENT, GENERAL MANAGER,
MANAGING PARTNER, CORPORATE SECRETARY, TREASURER,
IN-HOUSE COUNSEL – wherever they may be found
- PWEDE BANG ELECTRONIC SERVICE OF SUMMONS?
o Pwede so long as you can convince the court that you tried to serve
the summons 3 times within 2 separate dates
- FOREIGN JURIDICAL ENTITY REGISTERED AND DOING BUSINESS IN THE
PHILIPPINES
o Trustee, Corporate Officer, Agents, Government officer designated to
receive, directors or trustees
- FOREIGN JURIDICAL ENTITY
o Wala silang office here, no registered agent here, summons will be
served outside of the Philippines
o LEAVE OF COURT must be sought to effectuate service of summons
o Wala ng hierarchy dito kahit ano na.
o Through appropriate court (if personal service) to be assisted by DFA
o Service through registered mail to the last known address
o Publication to the place where the defendant may be found
o All other means that may be sanctioned by the court
- SERVICE TO A PUBLIC CORPORATION- PROVINCE, MUNICIPALITY, CITY
o Service of Summons maybe serve upon the executive head
 o Mayor, municipal mayor, or such officer allowed by law to receive
summons
SPECIAL APPEARANCE
- Lawyers appear because there is improper service of summons
- Section 30 – lawyer being deputized to serve the summons to the lawyer’s
client.

AMENDMENT AND THERE ARE NEW PARTIES:

- Summons must be serve to the new parties

SPOUSES – summons must be served individually

READ THE CASE OF MANOTOC IN SUMMONS

RULE 15 MOTIONS

Section 1. Motion defined. — A motion is an application for relief other than

by a pleading.

What is non-litigious motion?

• Motions which the court may act upon without prejudicing the rights of adverse
parties are non-litigious motions.

The following are non-litigious motions under the

new Rules:
• 1. Motion for the issuance of alias summons;
• 2. Motion for extension to file answer;
• 3. Motion for postponement;
• 4. Motion for the issuance of a writ of execution;
• 5. Motion for the issuance of an alias writ of
execution
• 6. Motion for the issuance of a writ of possession;
• 7. Motion for the issuance of an order directing the
sheriff to execute the final certificate of sale; and
• 8. Other similar motions

What should the court do with

non-litigious motions?
• These motions shall not be set for hearing and shall be resolved by bthe court
within five (5) calendar days from receipt thereof.

Sections 5, 6, 7, and 8
• The following are litigious motions under
the new Rules:
• 1. Motion for bill of particulars;
• 2. Motion to dismiss;
• 3. Motion for new trial;
• 4. Motion for reconsideration;
• 5. Motion for execution pending appeal;
• 6. Motion to amend after a responsive
pleading has been filed;
• 7. Motion to cancel statutory lien;
• 8. Motion for an order to break in or for a writ
of demolition;
• 9. Motion for intervention;
• 10. Motion for judgment on the pleadings;
• 11. Motion for summary judgment;
• 12. Demurrer to evidence;
• 13. Motion to declare defendant in default;
and
• 14. Other similar motions.

What is the procedure in litigious motions?

• All motions shall be served by personal service, accredited private courier or

registered mail, or electronic means so as to ensure their receipt by the other
party.

• The opposite party shall file his or her opposition to a litigious motion within five
(5) calendar days from receipt thereof. No other submissions shall be considered
by the court in the resolution of the motion.

• The motion shall be resolved by the court within fifteen (15) calendar days from
its receipt of the opposition thereto, or upon expiration of the period to file such
opposition.

What is the procedure in litigious motions?

• The court may, in the exercise of its discretion, and if deemed necessary for its
resolution, call a hearing on the motion. The notice of hearing shall be addressed
to all parties concerned, and shall specify the time and date of the hearing (Section
6).
• No written motion shall be acted upon by the court without proof of service
thereof, pursuant to section 5(b) hereof (Section 7).
• Except for motions requiring immediate action, where the court decides to
conduct hearing on a litigious motion, the same shall be set on a Friday (Section 8)

Section 9. Omnibus motion. —

Subject to the provisions of section 1 of Rule 9, a motion attacking a pleading,
order, judgment, or proceeding shall include all objections then available, and all
objections not so included shall be deemed waived.
Section 10
• What are the exceptions to omnibus motion rule under Section 1, Rule 9?
• Lack of jurisdiction over the subject matter
• Litis pendentia
• Res judicata
• Statute of limitation or prescription

Section 12
• There are prohibited motions under the new Rules:
• 1. Motion to dismiss
• 2. Motion to hear affirmative defenses;
• 3. Motion for reconsideration of the court’s action on the
affirmative defenses;
• 4. Motion to suspend proceedings without a temporary
restraining order or injunction issued by a higher court;
• 5. Motion for extension of time to file pleadings, affidavits or
any other papers;
• 6. Motion for postponement intended for delay;

PLEASE TAKE NOTE:

• When the MTD is based on the following grounds:
 lack of jurisdiction over the subject matter;
 Litis pendentia;
 Res judiciata;
 Presription
• MTD is not a prohibited pleading. It is a litigious motion.

PLEASE TAKE NOTE:

• When for extension of time to file answer is allowed pursuant Section 11, Rule
11.

• Motion for postponement is allowed if it is based on acts of God, force majeure

or physical inability of the witness to appear and testify. A motion for
postponement, whether written or oral, shall, at all times, be accompanied by the
original receipt from the office of the clerk of court evidencing payment of the
postponement fee. If no proof of payment of postponement fee, the clerk of
court shall not accept the motion.

here are dismissals of action which bar the filing of a similar action. Dismissal
based on:
• 1. Barred by a prior judgment;
• 2. Barred by the statute of limitations;
• 3. that the claim or demand set forth in the plaintiff’s pleading has been paid,
waived, abandoned or otherwise extinguished;
• 4. that the claim on which the action is founded is unenforceable under the
 provisions of the statute of frauds.
• N.B. THE REMEDY OF THE AGGRIEVED PARTY IS APPEAL

RULE 17 - DISMISSAL UPON NOTICE BY PLAINTIFF.

Different from rule 15 – rule 17 section 1 and 2 – PLAINTIFF CAUSES THE

DISMISSAL
- Do you need grounds? NO - YOU ONLY NEED TO FILE NOTICE OF DISMISSAL

MATERIAL QUESTION: if answer has been filed or not, what will happen to the
counter claim?

If the answer has not been filed – YOU ONLY NEED TO FILE NOTICE OF DISMISSAL
o Bakit di motion? because the plaintiff is given the chance to exercise
his right to dismiss his action
o Not subject to the discretion of the court
o If the court agrees, is there a adjudication on the merits, does it mean
it can no longer be filed? – THE FIRST NOTICE THERE IS NO
PREJUDICIAL QUESTION

IF THERE IS AN ANSWER OR THE CASE IS ON PRE-TRIAL OR IN TRIAL

- DISMISSAL UPON MOTION BY THE PLAINTIFF
o Subject to the discretion of the court
o there is no ground but you have to convince the court because you
decided to dismiss
what will happen to the counter claim?
- While the principal complaint the counter claim has to stands on its own.
o Has to stand on its own merits
o Saan iproprosecute? – separate action
 MAGFILE KA NG IBANG KASO – if you want to prosecute in the
same case, you must manifest within 15 days from the receipt
of notice of motion by the plaintiff.
- Dismissal in this sense is without prejudice
o Parties can agree that it will be dismissed with prejudice
- Joint motion to dismiss is usually utilized to end the case and it cannot be
refiled anymore

COMPROMISE JUDGEMENT
- While the action is pending, gusto na matapos
o If they want to compromise – magsusulat ng kasunduan
o With a motion seeking approval from the court
o That the compromise is not inconsistent with existing law, public law,
public customs
o Kapag naapprove iaadopt ng Court
o None of the parties will appeal
 o There is reglementaryperiod (naturally will lapse)
- It binds the parties who signed the contract
- If it becomes final and executory, it has the force of res judicata
- Immediately final and executory
o Immutable and unalterable
 Unless for clerical and non protum judgement (does not reflect)
 Void judgement
- Supervening events – whenever a happening of a supervening events
rendering its execution unjust and inequitable – happening of the
supervening events will prevent the execution of judgement on
compromise

DISMISSAL BECAUSE OF THE PLAINTIFF (KAPABAYAAN) – Failure to present

evidence

DISMISSAL DUE TO FAULT OF PLAINTIFF

Dismissal Due to the Fault of the Plaintiff – With Prejudice

The complaint may be dismissed upon motion of the defendant or upon

the court's own motion
and shall have the effect of an adjudication on the merits, unless
otherwise declared by the
court, if for no justifiable cause the plaintiff:

a. Fails to appear on the date of the presentation

of his or her evidence in chief on the complaint;
b.
b. Fails to prosecute his or her action for an
unreasonable length of time; or
c. Does not comply with the Rules of Court or
any order of the court.
(Sec. 3, Rule 17).

In granting the dismissal, the trial court specifically orders the dismissal to
be without prejudice. Incase of dismissal due to plaintiff’s failure to
prosecute, it is only when the trial court's order is either silent on the matter,
or states otherwise, that the dismissal will be considered an adjudication on
the merits. (Ching v. Cheng, G.R. No. 175507,Oct. 8, 2014).

The fundamental test for non prosequitur is whether, under the

circumstances, the plaintiff is chargeable with want of due diligence in failing
to proceed with reasonable promptitude. There must be unwillingness on
the part of the plaintiff to prosecute. (Shimizu Philippines Contractors v.
Magsalin, G.R. No. 170026, June 20, 2012).
Dismissal for failure to prosecute is an adjudication on the merits. Therefore,
such dismissal should be challenged by APPEAL within the reglementary
period. (3A Apparel Corporation vs. MetropolitanBank and Trust Co. G.R.
186175, Aug. 23, 2010).

J. PRE-TRIAL
1. CONCEPT OF PRE-TRIAL
Concept under A.M. No. 03-1-9-SC’

An undeniably important and vital component of case management in trial courts,

the purpose of which is to abbreviate court proceedings, ensure prompt disposition
of cases and decongest court
dockets.

Pre-trial shall endeavor to persuade the parties to arrive at a settlement of the

dispute, with due
regard to the rights of the parties.The court shall endeavor to make the parties agree
to an equitable compromise or settlement at any stage of the proceedings before
rendition of judgment.

Concept Derived from Jurisprudence

Pre-trial is primarily intended to make certain that all issues necessary to the
disposition of a case
are properly raised. To eliminate the element of surprise during actual trial, parties
are expected to
disclose at the pre-trial conference all issues of law and fact that they intend to raise
at the trial. However, in cases in which the issue may involve privileged or
impeaching matters, or if the issues are impliedly included therein or may be
inferable therefrom by necessary implication as integral parts of the pre-trial order,
then the general rule does not apply. A pre-trial order is not meant to be a detailed
catalogue of each and every issue that is to be or may be taken up during the trial.
(LCK Industries v. Planters Development Bank, G.R. No. 170606, 2007)

2. NATURE AND PURPOSE

Nature of Pre-trial
Pre-trial is mandatory and should be terminated promptly. (Rule 18, Sec. 2) The
pre-trial is
mandatory BOTH in civil and in criminal cases. (Rule 118, Sec. 1)

Purpose of Pre-trial
The purpose of the pre-trial is to allow the court to
consider:
1. The possibility of an amicable settlement or of a
submission to alternative modes of dispute
resolution;
2. The simplification of the issues;
3. The possibility of obtaining stipulations or
admissions of facts and of documents to avoid
unnecessary proof;
4. The limitation of the number and identification of
witnesses and the setting of trial dates
5. The advisability of a preliminary reference of
issues to a commissioner;
6. The propriety of rendering judgment on the
pleadings, or summary judgment, or dismissing
the action should a valid ground exist;

7. The requirement of the parties to:

(1) Mark their respective evidence if not yet marked in the judicial affidavits of
their witnesses
(2) Examine and make comparisons of the adverse parties’ evidence vis-à-vis
the copies to be marked
(3) Manifest for the record stipulations regarding the faithfulness of the
reproductions and the genuineness and dues execution of the adverse parties’
evidence
(4) Reserve evidence not available at pre-trial, but only in the following
manner:
a. For testimonial evidence – by giving the name or position and the nature of
the testimony of the proposed witness
b. For documentary evidence and other object evidence – by giving particular
description of the evidence; and
8. Such other matters as may aid in the prompt
disposition of the action. (Rule 18, Sec. 2)

Setting for Pre-Trial

The pre-trial brief serves as a guide during the pretrial conference so as to simplify,
abbreviate and expedite the trial if not to dispense with it. It is a devise essential to
the speedy disposition of disputes, and parties cannot brush it aside as a mere
technicality. In addition, pre-trial rules are not to be belittled or dismissed, because
their nonobservance may result in prejudice to a party’s substantive rights. Like all
rules, they should be followed except only for the most persuasive of reasons when
they may be relaxed to relieve alitigant of an injustice not commensurate with the
degree of his thought[less]ness in not complying with the procedure. (Eufemia
Balatico vda. De Agatep vs Roberta L. Rodriguez and Natalia Aguinaldo Vda. De
Lim, G.R. No. 170540, 2009)

Stipulations freely and voluntarily made are valid and binding and will not be set
aside unless for good cause. The Rules of Court mandate parties in a criminal case
to stipulate facts. Once they have validly and voluntarily signed the stipulations, the
accused and their counsel may not set these aside on the mere pretext that they may
be placed at a disadvantage during the trial (Sixto Bayas vs Sandiganbayan, G.R.
No. 143689-91,2002).
3. NOTICE OF PRE-TRIAL
When Pre-trial is Conducted; When Notice of Pre-trial is Sent

After the last responsive pleading has been served and filed, the branch clerk of
court shall issue, within five (5) calendar days from filing, a notice of pretrial which
shall be set not later than sixty (60) calendar days from the filing of the last
responsive
pleading. (Rule 18, Sec. 1).

Note that even prior to the amendment, A.M. No. 03-1- 09-SC, July 13, 2004
provides that within five (5) days from date of filing of the reply, the plaintiff must
promptly move ex parte that the case be set for pre-trial conference. If the plaintiff
fails to file said motion within the given period, the branch clerk of court shall issue
a notice of pretrial. With that administrative matter, it became the duty of the clerk
of court to set the case for pre-trial if the plaintiff fails to do so within the prescribed
period; however this did not relieve the plaintiff of his own duty to prosecute the
case diligently. (Bank of the Philippines v. Genuino, G.R. No. 208792, Jul. 22,
2015).

With the amendment, there is no need for the plaintiff to file or the clerk of court to
await the lapse of the period to file an ex-parte motion to set case for pretrial, before
a notice of pre-trial shall be issued. (Rule 18, Sec. 1) Branch clerk of court shall also
prepare the minutes of the pre-trial. (Rule 18, Sec. 2)

Contents of Notice of Pre-trial

Notice of pre-trial shall include the dates
respectively set for:
1. Pre-trial;
2. Court Annexed Mediation; and
3. Judicial Dispute Resolution, if necessary. (Rule
18, Sec. 3)
Notice shall be served on:
1. Counsel; and
2. The party himself, if he or she has no counsel.
(Rule 18, Sec. 3)

4. APPEARANCE OF PARTIES; EFFECT OF FAILURE TO APPEAR

Duty to Appear During Pre-Trial

Parties and their counsel both have the duty to appear during the pre-trial, court-
annexed mediation, and judicial dispute resolution, if necessary. Non-appearance
may be excused only for:

a. Acts of God;
b. Force Majeure; or
c. Duly substantiated physical inability. (Rule 18, Sec. 4).
The parties and their counsels are required to attend the pre-trial the purpose of
which is to exhaust all possibilities of reaching a compromise. Having failed to
justify their absence, they have no valid ground to request for a new trial. Further,
an improvident termination of legal services is not avalid excuse to be absent at the
pretrial. (Jonathan Landoil International Co v Sps. Mangudadatu, G.R. No. 155010,
2004)

Representative to Appear on Behalf of Party A representative may appear on

behalf of a party, but must be fully authorized in writing to enter into:

1. An amicable settlement;
2. To submit to alternative modes of dispute
resolution; and
3. To enter into stipulations or admissions of facts
and of documents. (Rule 18, Sec. 4). The authorization in writing must be in the
form of a special power of attorney. Entering into an amicable settlement for a
client, who is the principal in the attorney-client relationship, involves entering into
a compromise. (RIANO, 2019, p. 471, see also Civil Code, Article 1878(3)).

Failure to Appear During Pre-trial Despite Notice

If plaintiff AND counsel failed to appear without valid cause when so required:

1. The case shall be dismissed with prejudice

unless otherwise ordered by the court; OR

2. The plaintiff will be allowed to present evidence

ex-parte within ten (10) calendar days from termination of pre-trial, and the court
shall render judgment on the basis of the evidence offered. (Rule 18, Sec. 5); AND

3. The party shall be deemed to waive any objects to the faithfulness of the
reproductions marked, or their genuineness and due execution. (Rule 18, Sec. 2).
The dismissal is to be considered as a final judgment; thus, the remedy of the
plaintiff is to appeal. Since appeal is available, certiorari is not the remedy because
it is conditioned upon the absence of an appeal or any plain, speedy, and adequate
remedy in the ordinary course of

Failure to Bring Evidence During Pre-trial Despite Notice

Failure without just cause of a party AND/OR counsel to bring the evidence
required shall be deemed a waiver of the presentation of such evidence. (Rule 18,
Sec. 2)

Failure to Appear in Court Annexed Mediation and Judicial Dispute

Resolution
Non-appearance at court annexed mediation and judicial dispute resolution shall be
deemed as nonappearance at the pre-trial and shall merit the same sanctions. (Rule
18, Sec. 3)

5. PRE-TRIAL BRIEF; EFFECT OF FAILURE TO FILE Filing and Contents

of the Pre-trial Brief
A pre-trial brief is required to be filed at least three (3) calendar days before the date
of the pre-trial conference and it must also be served on the adverse party. (Rule 18,
Sec. 6).

The pre-trial brief shall contain the following:

1. A concise statement of the case and the reliefsprayed for;
2. A summary of admitted facts and proposedstipulation of facts;
3. The main factual and legal Issues to be tried orresolved;
4. The propriety of referral or factual issues to commissioners;
5. The documents or other object evidence to be marked, stating the purpose
thereof;
6. The names of witnesses, and the summary of their respective testimonies; and
7. A brief statement of points of law and citation of authorities. (Rule 18, Sec. 6(a)
to (g)).

Effect of Failure to File a Pre-Trial Brief

Failure to file the pre-trial brief shall have the same effects as failure to appear at the
pre-trial. (Rule18, Sec. 6).

Having no counsel in a civil case is not a reasonable excuse to not file a pre-trial
brief. It does not also deprive one of due process. Failure to file a pre-trial brief will
have the same effect as not appearing during pre-trial. (Saguid v. CA, G.R.
150611, 2003).

6. PRE-TRIAL ORDER

Contents of Pre-Trial Order

Upon termination of the pre-trial, the court shallissue an order within ten (10)
calendar days which shall recite in details the matters taken up during the pre-trial.

This shall include:

1. An enumeration of the admitted facts;

2. The minutes of the pre-trial conference;
3. The legal and factual issue/s to be tried;
4. The he applicable law, rules, and jurisprudence;
5. The evidence marked
6. The specific trial dates for continuous trial,which shall be within the period
provided for by the Rules
7. The case flowchart to be determined by the court, which shall contain the
different stages of the proceedings up to the promulgation of the decision and the
use of time frames for each stage in settings the trial dates
8. A statement that the one-day examination of witness rules and most important
witness rule under the Guidelines for Pre-Trial (AM 3-1-9-
SC) shall be strictly followed; and
9. A statement that the court shall render judgment on the pleadings or summary
judgment, as the case may be. (Rule 18, Sec. 7).
Use of Judicial Affidavits
The direct testimony of witnesses for the plaintiff shall be in the form of judicial
affidavits. After the identification of such affidavits, cross-examination
shall proceed immediately. (Rule 18, Sec. 7).

Postponements of the Presentation of the Witnesses of the Parties

The postponement of presentation of the parties’ witnesses is prohibited, except if it

is based on:

a. Acts of God;
b. Force Majeure; or
c. Duly substantiated physical inability of the witness to appear and testify. The
party who causes the postponement is warned that the presentation of its evidence
must still be terminated within the remaining dates previously agreed upon. (Rule
18, Sec. 7).
SUMMARY JUDGEMENT – 30 DAYS FROM TERMINATION OF PRE-TRIAL

The order to submit the case for judgement (declaration palang)

- MR can be a remedy
- If MR is denied, wait for judgement for you can make an appeal
- Rule 65 can also be availed if there’s grave abuse

COURT ANNEXED MEDIATION/ JUDICIAL DISPUTE RESOLUTION

COURT ANNEXED MEDIATION

- Pag wala ang plaintiff dismiss
- Pag wala defendant – ex parte
- It is before a mediator
- Case is suspended for 30 days
- If it is unsuccessful and it is return to the judge who conducted the trial
proper
- It will refer to another judge who will conduct judicial dispute resolution
o The case will be suspended for at least 15 days
Court-Annexed Mediation
Section 8 under the Amended Rules: CAM is a mediation presided over by
an accredited mediator. (A.M. No. 11-1-6-SC-PHILJA)

When Conducted
After the pretrial and, after issues are joined, the court shall refer the parties
for mandatory CAM.
The period for CAM shall not exceed thirty (30) calendar days, without
further extension. Thus, under the amended rule, it is clear that pretrial
proper shall first proceed. Thereafter, the case shall be referred to CAM and
the proceedings in CAM cannot exceed 30 calendar days. (Rule 18, Sec. 8).
Court-Annexed Mediation
Section 8 under the Amended Rules: CAM is a mediation presided over by
an accredited mediator. (A.M. No. 11-1-6-SC-PHILJA)

When Conducted
After the pretrial and, after issues are joined, the court shall refer the parties
for mandatory CAM.
The period for CAM shall not exceed thirty (30) calendar days, without
further extension. Thus, under the amended rule, it is clear that pretrial
proper shall first proceed. Thereafter, the case shall be referred to CAM and
the proceedings in CAM cannot exceed 30 calendar days. (Rule 18,
Sec. 8).

CAM Procedure (A.M. No. 11-1-6-SC-PHILJA)

1. Judge shall issue an order of mediation, requiring the parties to appear before the
concerned PMC Unit Staff
I. Order may include a warning that sanctions may be imposed for non-
compliance

2. Individual parties are required to personally appear for mediation.

3. Corporation, partnership, or other juridical entities shall be represented by a

ranking corporate officer fully authorized by a Board Resolution.

4. Parties shall proceed to select a mutually acceptable mediator, who shall then
start with the mediation process
I. Mediator – He shall be an officer of the court while performing his duties
as such or in
connection therewith

5. Initial Conference – Mediator shall explain to both parties the mediation process,
stressing the benefits of an early settlement
6. Mediator may hold separate caucuses to determine real interests.

7. Mediator shall not record the proceedings of the joint conferences or separate
caucuses. No transcript or minutes; no personal notes. Should such exist, it shall not
be admissible as evidence.

8. If not settled – refer back to the judge. Under the Consolidated and Revised
Guidelines to Implement the Expanded Coverage of CourtAnnexed Mediation and
Judicial Dispute Resolution, A.M. No. 11-1-6-SC-PHILJA, an extended period of
another 30 days may be granted by the court, upon motion filed by the Mediator,
with the conformity of the parties. It appears that this will no longer apply as the
rule categorically states that the mediation shall not exceed 30 calendar days
without further extension.

Failure to Appear in CAM

Non-appearance in CAM is deemed as nonappearance at the pre-trial. (Rule 18, Sec.
3).

If Settlement is Reached in CAM (A.M. No. 11- 1-6-SC-PHILJA)

1. Draft a compromise agreement which shall be submitted the court

2. Where compliance is forthwith made, the parties shall instead submit a
satisfaction of claims or
a mutual withdrawal, thereafter, the court shall order a dismissal

If Partial Settlement is Reached in CAM (A.M. No. 11-1-6-SC-PHILJA)

1. Parties shall submit the terms thereof with appropriate action of the court, without
waiting for resolution of the unsettled part
2. With regard to the unsettled part, the court shall proceed to conduct JDR
proceedings

Judicial Dispute Resolution

JDR is a mediation presided over by the judge.

(A.M. No. 11-1-6-SC-PHILJA)

When Conducted

Only if the judge of the court to which the case was originally raffled is convinced
that settlement is still possible, the case may be referred to another court for judicial
dispute resolution. JDR shall be conducted within a non-extendible period of
fifteen (15) calendar days from notice of failure of the court annexed mediation
(Rule 18, Sec. 9).

Under the Consolidated and Revised Guidelines to Implement the Expanded

Coverage of CourtAnnexed Mediation and Judicial Dispute Resolution, A.M. No.
11-1-6-SC-PHILJA, first level courts had a period of 30 days will second level
courts had 60 days, to conduct JDR. A longer period could be granted upon the
discretion of the JDR judge if there is high probability of settlement and upon joint
written motion of the parties. Now, with the amendment, the period is shortened,
and it is non-extendible.

Cases Subject to Mediation for CAM & JDR

1. All civil cases

2. Settlement of estates
3. Cases covered by the Summary Procedure,
except:
i. Traffic violations
ii. Violation of municipal or city ordinances

4. Cases cognizable by the Lupong Tagapamayapa

5. Civil aspect of BP22 (bouncing checks) cases
6. Civil aspect of quasi-offenses
7. Civil aspect of estafa and libel
8. Civil aspect of theft
9. Civil aspect of less grave offenses punishableby correctional penalties not
exceeding 6 years imprisonment, where the offended person is a private person
10. All civil cases and probate proceedings, testate or intestate, brought on appeal
from the original jurisdiction of first level courts
11. All cases of forcible entry and unlawful detainer brought on appeal from the
exclusive and original jurisdiction of first level courts
12. All cases involving title to or possession of real property or an interest therein
brought on
appeal from the exclusive and original jurisdiction of first level courts
13. All habeas corpus cases decided by the first level courts in the absence of the
RTC judge, that are brought on appeal. (A.M. No. 11-1-6-SC-PHILJA)

Cases Not Subject to Mediation for CAM & JDR (A.M. No. 11-1-6-SC-
PHILJA)
1. Civil Cases which by law cannot be
compromised (Art. 2035, New Civil Code)
2. Other criminal cases
3. Habeas corpus petitions
4. All cases under RA 9262 (VAWC)
5. Cases with pending application for Restraining Orders/Preliminary Injunctions

JDR Procedure: (A.M. No. 11-1-6-SC-PHILJA)

This part will be handled by the JDR judge (who is different from the trial judge).

1. JDR judge briefs the parties and counsels of theCAM and JDR processes.
2. All incidents and motions filed during the first stage shall be dealt with by the
JDR judge.
3. As mediator and conciliator, the judge facilitates
the settlement discussion between the parties
and tries to reconcile their differences.
4. As a neutral evaluator, the judge assesses the relative strengths and weaknesses of
each party’s case and makes a non-binding and impartial evaluation of the chances
of each party’s success.
5. On the basis of the evaluation, the judge persuades the parties to a fair and
mutually
acceptable settlement.
6. Cases may be referred to JDR even during the trial stage upon written motion of
one or both parties indicating willingness to discuss a
possible compromise. (A.M. No. 11-1-6-SCPHILJA)
If Settlement is reached in JDR (A.M. No. 11-1- 6-SC-PHILJA)

1. Drafting of compromise agreement w/ the assistance of their lawyers

2. Prior to the signing, the JDR judge may opt to explain the contents of the
agreement.
3. Signing of the compromise agreements and the filing of a joint motion to approve
the compromise.
4. Judge renders a judgment based on compromise.
5. Copy of the judgment is sent to the Phil. Mediation Center for statistical
purposes.

Failure to Appear in JDR

Non-appearance in JDR is deemed as nonappearance at the pre-trial. (Rule 18,
Sec.3)

Failure to Reach Settlement in JDR

If there is no full or partial settlement reached in the JDR, the judge presiding in the
JDR shall turn over the case to the trial judge, determined by reraffle in multiple
sala courts or to the originating court in single sala courts, as the case may be, to
conduct pre-trial proper (XII, A.M. No. 11-1-6-SCPHILJA) Note that judicial
affidavit shall be submitted 5 days prior the pre-trial.

If JDR fails, trial before the original court shall proceed on the dates agreed upon.
(Rule 18, Sec.9)

Judgment After Pre-Trial

The court shall motu proprio include in the pre-trial order that the case be submitted
for summary judgment or judgment on the pleadings, without need of position
papers or memoranda, should there/it be:

1. No more controverted facts;

2. No more genuine issue as to any material fact;
3. Absence of an issue; or
4. That the answer fails to tender an issue. This is without prejudice to a party
moving for judgment on the pleadings or summary judgment. In such cases,
judgment shall be rendered within ninety (90) calendar days from termination of the
pre-trial. The order of the court to submit the case for judgment pursuant to this
Rule shall not be the subject to appeal or certiorari. (Rule 18, Sec.10)

K. INTERVENTION
Nature of Intervention Intervention is a remedy by which a third party, who is not
originally impleaded in a proceeding, becomes a litigant for purposes of protecting
his or her right or interest that may be affected by the proceedings. (Neptune Metal
Scrap Recycling, Inc. v. Manila Electric Co., G.R. No. 204222, July 4, 2016).

Its main purpose is to settle in one action and by a single judgment all conflicting
claims of, or the whole controversy among, the persons involved. (Office of the
Ombudsman vs. Maximo Sison, G.R. 185954, Feb. 16, 2010)

A complaint-in-intervention can’t be treated as an independent action as it is merely

ancillary to and a supplement upon the principal action. The complaint-in-
intervention essentially latches on the complaint for its legal efficacy so much so
that the dismissal of the complaint leads to its concomitant dismissal. (Sta. Rita Co
v. Angeline Gueco, G.R. 193087, 2013)

Although as a rule, when the main action ceased to exist, there is no pending
proceeding whereon the intervention may be based. In the case at bar, however,
there was no such final or complete dismissal but rather an approval of a
compromise agreement which was embodied in what was specifically designated as
a 'Partial Decision' affecting only the interests of herein petitioner and
the defendant in said case but not those of her coplaintiff municipality and the
intervenor. (Camacho v. CA, G.R. No. 79564, Nov. 24, 1989).

Who May Intervene The following persons may intervene?

1. Those having a legal interest in the matter in litigation;

2. Those having legal interest in the success of either of the parties;
3. Those having an interest against both parties; or
4. A party that is so situated as to be adversely affected by a distribution or other
disposition of property in the custody of the court or of an officer thereof. (Sec. 1,
Rule 19)

Legal Interest

The interest contemplated by law must be actual, substantial, material, direct and
immediate, and not simply contingent or expectant. It must be of such direct and
immediate character that the intervenor will either gain or lose by the direct legal
operation and effect of the judgment. (Asia's Emerging Dragon Corp. v. Department
of Transportation and Communications, G.R. Nos. 169914 & 174166, Mar. 24,
2008)
A law firm whose services were unjustly terminated was allowed to intervene in the
case despite the compromise agreement between the parties. (Czarina Malvar v.
Kraft Foods, G.R.183952, 2013)

Motion to Intervene Improper When Case is Already Moot

Motion to intervene is improper when the case is already moot. A case is moot
when a supervening event has terminated the legal issue between the parties, such
that this Court is left with nothing to resolve. There is no longer anything that would
affect the petitioner's alleged right. Thus, as far as its intervention is concerned, it no
longer has any standing. (Express Telecommunications Co., Inc. v. AZ
Communications, Inc. Clemente v. Status Maritime Corp, G.R. No. 196902, 2020)

Subject to Discretion of the Court

The court shall consider whether or not the intervention will unduly delay or
prejudice the adjudication of the rights of the original parties, and whether or not the
intervenor's rights may be fully protected in a separate proceeding. (Sec. 1, Rule
19). The trial court must not only determine if the requisite legal interest is present,
but also take into consideration the delay and the consequent prejudice to the
original parties that the intervention will cause. Both requirements mustconcur, as
the first requirement on legal interest is not more important than the second
requirement that no delay and prejudice should result. To help ensure that delay
does not result from the granting of a motion to intervene, the Rules also explicitly
say that intervention may be allowed only before rendition of judgment by the trial
court. (Lorenza C. Ongco vs Valeriana Ungco Dalisay, G.R. No. 190810, Jul. 18,
2012).

Pleadings-in-intervention

If the purpose of the motion for intervention is to assert a claim against either or all
of the original parties, the pleading shall be called a COMPLAINT-IN
INTERVENTION. Meanwhile, if the purpose is to unite with the defending party in
resisting a claim against the latter, the pleading is called an ANSWER-IN-
INTERVENTION. (Rule19, Sec. 3)

Procedure for Intervention

1. The motion for intervention must be filed before judgment (Sec. 2, Rule 19);
2. A copy of the pleading-in-intervention shall be attached to the motion and served
on the original parties. (Sec. 2, Rule 19).
3. The answer to the complaint-in-intervention shall be filed within 15 calendar
days from the notice of the order admitting the complaint-in intervention, unless
otherwise fixed by the court. (Sec. 4, Rule 19)

1. REQUISITES FOR INTERVENTION

Requisites for Intervention

The intervention shall be allowed when:

1. A person has legal interest:

a. In the matter in litigation;

b. In the success of any of the parties;
c. An interest against the parties; or
d. He is so situated as to be adversely affected by a distribution or disposition of property in the custody of
the court or an officer thereof. (Rule 19, Sec. 1, Mactan-Cebu International Airport Authority v. Heirs of
Miñoza, G.R. No. 186045, Feb. 2, 2011)
2. The intervention will not unduly delay or prejudice the adjudication of the rights of the original parties;
and

3. The intervenor’s rights may not be fully protected in a separate proceeding. (Asia's Emerging Dragon
Corp. v. Department of Transportation and Communications, G.R. Nos. 169914 Mar. 24, 2008).

2. TIME TO INTERVENE

General Rule: The motion to intervene may be filed at any time before rendition of judgment by the trial
court. (Sec. 2, Rule 19).

Exceptions:

1. With respect to indispensable parties, intervention may be allowed even on appeal.

2. When the intervenor is the Republic.
3. Where intervention is necessary to protect some interest which cannot otherwise be protected,
and for the purpose of preserving the intervenor’s right to appeal. (FERIA, 2013, p.
572).

3. REMEDY OF DENIAL OF MOTION TO INTERVENE

Intervention results in an interlocutory order ancillary to a principal action. Its grant or denial is subject to
the sound discretion of the court. Interlocutory orders, or orders that do not make a final disposition of the
merits of the main controversy or cause of action, are generally not reviewable. The only exception is a
limited one, in that when there is no plain, speedy, and adequate remedy, and where it can be shown that
the court acted without, in excess, or with such grave abuse of discretion that such action ousts it of
jurisdiction. Thus, certiorari may lie. (E.I. Dupont De Nemours and Co. v. Francisco, G.R. No. 174379, Aug.
31, 2016).

1. REQUISITES FOR INTERVENTION

The intervention shall be allowed when:

1. A person has legal interest:

a. In the matter in litigation;

b. In the success of any of the parties;
c. An interest against the parties; or
d. He is so situated as to be adversely affected by a distribution or disposition of property in the custody of the court
or an officer thereof. (Rule 19, Sec. 1, Mactan-Cebu International Airport Authority v. Heirs of Miñoza, G.R.
No. 186045, Feb. 2, 2011)

2. The intervention will not unduly delay or prejudice the adjudication of the rights of the original parties; and
3. The intervenor’s rights may not be fully protected in a separate proceeding. (Asia's Emerging Dragon Corp. v.
Department of Transportation and Communications, G.R. Nos. 169914 Mar. 24, 2008).

2. TIME TO INTERVENE

General Rule: The motion to intervene may be filed at any time before rendition of judgment by
the trial court. (Sec. 2, Rule 19).

Exceptions:

1. With respect to indispensable parties, intervention may be allowed even on appeal.

2. When the intervenor is the Republic.
3. Where intervention is necessary to protect some interest which cannot otherwise be protected, and for the
purpose of preserving the intervenor’s right to appeal. (FERIA, 2013, p. 572).

3. REMEDY OF DENIAL OF MOTION TOINTERVENE

Intervention results in an interlocutory order ancillary to a principal action. Its grant or denial is subject to the sound
discretion of the court. Interlocutory orders, or orders that do not make a final disposition of the merits of the main
controversy or cause of action, are generally not reviewable. The only exception is a limited one, in that when there
is no plain, speedy, and adequate remedy, and where it can be shown that the court acted without, in excess, or
with such grave abuse of discretion that such action ousts it of jurisdiction. Thus, certiorari may lie. (E.I. Dupont De
Nemours and Co. v. Francisco, G.R. No. 174379, Aug. 31, 2016).