REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem

Atty. Henedino Brondial PJA

REMEDIAL
LAW
REVIEW 1
as lectured by Atty. Henedino Brondial
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
DISCLAIMER

The following are the materials used for this work:

1. Lectures and syllabus of Fiscal Serafin Salazar

2. “Evidence: The Bar Lectures Series” (2016) by Dean Willard Riano; and
3. “Notes and Cases in Remedial Law Volume IV (Evidence)” (2019) by Atty.
Salvador Moya II

Some of the contents of the above have been paraphrased and questions propounded differently in
order to tailor the author’s learning method.

Answers to some questions are likewise tailored to the personal preference of the author (e.g.
answers to midterm examination questions and bar questions)

I do not guaranty the absolute correctness of this work due to human errors and failure to
understand the question or concept perfectly. I apologize in advance for any error you may
encounter in this work.

However, please see to it that the error is an opportunity to learn, as Dean Jose Sundiang puts it
“The beauty of an error is to correct it, and not to perpetuate it.”
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA

TABLE OF CONTENTS

CIVIL PROCEDURE

JURISDICTION …………………………………………………………………………. 1
RULE 1; GENERAL PROVISIONS …………………………………………………..
RULE 2; CAUSE OF ACTION ………………………………………………………..
RULE 3; PARTIES TO CIVIL ACTIONS ……………………………………………
RULE 4; VENUE OF ACTIONS …………………………………………………….
RULE 5; UNIFORM PROCEDURE IN TRIAL COURTS ………………………..
RULE 6; KINDS OF PLEADINGS …………………………………………………..
RULE 7; PARTS AND CONTENTS OF A PLEADING …………………………..
RULE 8; MANNER OF MAKING ALLEGATIONS IN A PLEADING …………
RULE 9; EFFECT OF FAILURE TO PLEAD ....................................................
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
CIVIL PROCEDURE Kung tatlo ang girlfriend mo, yung una lang
original, yung iba concurrent na)
JURISDICTION
Original
CLASSES OF JURISDICTION
Kinds of original jurisdiction
Jurisdiction may be classified as
follows, according to its: The following are the kinds of original
jurisdiction:
1. Nature:
a. Original; 1. Exclusive; and
i. Exclusive; and 2. Concurrent
ii. Concurrent
b. Appellate: Concurrent jurisdiction
i. Exclusive ONLY
It is when several courts, regardless of
2. Object, over the: rank, has the authority to hear the
a. Subject matter; same subject matter
b. Person of the parties;
c. Res; As such, the SC, CA, and RTC, has
d. Issues; and concurrent jurisdiction over:
e. Territory
1. Petitions for:
Jurisdiction according to its nature a. Habeas Corpus
b. Quo warranto; and
The following are the kinds of 2. Petition for issuance of writs of:
jurisdiction according to jurisdiction: a. Certiorari;
b. Prohibition;
1. Original; and c. Mandamus; and
2. Appellate d. Continuing Mandamus

Original v. appellate jurisdiction
Jurisdiction is original if the court
took cognizance of the case for the 1st
time.
On the other hand, it is appellate, if
the court took cognizance of the case
in the 2nd, 3rd, 4th, and so on and so
forth instance/s.
(NOTE: Iisa lang ang original, di pwedeng
dalawa.
Do not confuse it with concurrent
Q: Thus, that there are three (3) possible
courts to file the above stated petitions,
namely the SC, CA, and RTC, is the
plaintiff vested with the absolute right to
choose the court to which he will file the
petitions?
No, as there are principles that must
be observed.
Principles observed in case of concurrent
jurisdiction
The following must be observed:
1. Hierarchy of courts;

1|Page
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
2. Doctrine of transcendental
importance; and
3. That the SC is NOT a trier of
facts
Q: What is the only instance when a
petitioner may file directly to SC?
PJA
Q: Assuming that the CA took cognizance
of the case, it is exercising its concurrent
jurisdiction as with the RTC and SC?
It is not anymore concurrent as the
CA is now exercising its appellate
jurisdiction

Only in cases of pure question of Appellate

law.
Kinds of appellate jurisdiction
This is in accordance with the
doctrine of transcendental Exclusive ONLY (1:1)
importance. Thus, the rule as to
direct filing in the SC is as follows: Q: Is there appellate concurrent
jurisdiction?
GR: CANNOT be allowed,
as the doctrine of No, as the party cannot choose the
hierarchy of courts court to take the appeal.
must be observed
In fact, the court of original filing shall
ER: In cases of be determinative of the appellate
transcendental court.
importance, the SC
may nevertheless take Jurisdiction according to its object
cognizance and
disregard the doctrine The following are jurisdictions based
of hierarchy of courts on its object, specifically over the:

Q: Assuming that a petition for certiorari 1. Subject matter;

is to be filed, where should the petitioner 2. Persons of the parties;
file it first? 3. Res;
4. Issues; and
First and foremost to the RTC, as the 5. Territory
general rule is that the doctrine of
hierarchy of courts cannot be Jurisdiction over the subject matter
disregarded.
Q: How is jurisdiction over the subject
Q: Assuming that a petition for certiorari matter acquired?
has been filed, and was dismissed, where
is the proper court to appeal? It is conferred by law (legislative)

It is the CA which has jurisdiction Q: Is the above rule absolute?

over the appeal.
No, as an exception, the jurisdiction
Notice that before arriving to of the SC is in the Constitution.
the CA, it went first to the
RTC.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
Therefore, if the legislative would
legislate on the jurisdiction of the SC,
it would amount to an encroachment
of powers.
Most important principle of jurisdiction
“Any judgment, decision, or final
order, rendered by a court without
jurisdiction is null and void.”
(NOTE: For purposes of the bar,
Atty. Brondial said to MEMORIZE
this principle, as a last resort if the
examinee is having a hard time
answering jurisdictional questions.
In his own words, “You may not be
perfect, but you cannot be wrong.”)
Q: Is the above principle absolute?
No, as there is an exception, which is
jurisdictional estoppel. Thus the rule is
as follows:
GR: Any order rendered by
a court without
jurisdiction shall be
null and void
ER: Jurisdictional estoppel
Q: Spouses X and Y had a loan agreement
with BERI. In the said agreement, their
obligation is solidary.
Due to failure of the X and Y to pay the
value of the loan, a case for collection of
sum of money was filed in the RTC
against them in 2008.
No service of summons was served upon
X as he was already dead at 2005,
evidenced by a certificate of death
presented by Y.
PJA
Nevertheless, the case continued for some
time and numerous motions and petitions
were exchanged between both parties.
Six years into the case, Y filed a motion
with the CA to dismiss on the ground that
there was no valid service of summons
over her co-defendant X, thus there was a
failure to obtain jurisdiction over his
person, and hence the case against her
should be dismissed.
On the other hand, BERI argued that X is
already estopped to question the
jurisdiction of the court considering that it
was only on the 6th year from the inception
of the case that she questioned the same
and is only questioning such for the first
time on appeal. Who is correct?
NONE of them is correct. But for
purposes of this case, the case should
not be dismissed.
As to Y’s contention, the Court
resolved it by returning to the nature
of the obligation, which is solidary.
Thus, it may be resolved by
demanding from any one of them.
In addition, another available
remedy for BERI is to file
against the estate of X. But it
is no longer necessary
considering that they already
filed a case against the solidary
co-debtor.
Neither is X an indispensable
party, as again, the nature of
the case is solidary and hence
resort to any one of the co-
debtors is sufficient.
On the other hand, BERI’s contention
is misplaced, to the extent that what
could be subjected to estoppel by laches
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
is ONLY JURISDICTION OVER
THE SUBJECT MATTER
While it is true that jurisdiction
estoppel is an exception to the
otherwise lack of jurisdiction
of the court taking cognizance
of the case, it is ONLY
APPLICABLE TO
JURISDICTION OVER
THE SUBJECT MATTER.
Thus, if the issue is on the
subject matter, it can be raised
even for the first time on
appeal.
Therefore, estoppel cannot
attach considering that what is
being questioned is
jurisdiction over the person.
And thus, it cannot be said
that Y is estopped by virtue of
her participation in the
proceedings, as what she
questioned is jurisdiction over
the person of X.
Nevertheless, the case against Y must
proceed, as the jurisdiction over X is
not actually an issue to the authority
of the RTC nor the CA, still going
back to the nature of the obligation.
That the motion to dismiss is belatedly
filed, considering that what is being
questioned only on appeal is
jurisdiction over the person, the
motion should not have been allowed,
as what is allowed is questioning
jurisdiction over the subject matter
even in the first time on appeal.
(Boston Equity Resources v. CA
and Lolita Toledo)
(NOTE: Jurisdictional estoppel is not
applicable here because estoppel
PJA
applies only to jurisdiction over the
subject matter
Sa madaling salita there is no such
thing as jurisdictional estoppel over
the person.)
Q: What kind of estoppel and to what kind
of jurisdiction will such apply in order for
a party be said to estopped to question the
jurisdiction of the court?
It is estoppel by laches and ONLY
to jurisdiction over the subject
matter (Tijam v. Sibonghanoy)
Estoppel by laches
It refers to an estoppel which:
1. Arises from the negligence or
omission to assert a right;
2. Within a reasonable time; and
3. Warranting a presumption that the
party entitled to assert it either has
abandoned or declined to assert it
(Alday v. FGU Insurance
Corporation)
Q: X files a case for recovery of possession
and ownership of land in the RTC against
A, and Spouses B and C.
Said land was allegedly valud at
Php57,113.98 as contained in a Xerox copy
of a Declaration of Real Property, without
any annotations.
A was declared in default, for failure to file
an answer, while B and C participated in
the proceedings via a compromise
agreement entered with X.
Eventually, judgment was rendered in
favour of X, ordering A to vacate and pay
damages to X.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
Aggrieved, X filed a Motion for New Trial, over it. However, Xerox copies are
on the defense that as a tenant he turned without any evidential value, as it is
over the summons and complaint to D, not an original.
his landlord, believing that the latter had a
better right to the land. The RTC denied Thus, the question is about
the motion. jurisdiction over the subject matter,
which can be raised even for the first
Not to be hampered, X again filed a time on appeal.
Petiton for Relief from Judgment with the
RTC, under the same allegations in the Likewise, A cannot be held to be
previous motion, and further claiming, estopped by laches, considering his
that there is a failure to implead D as an previous acts of filing an MNT and a
indispensable party considering the petition for relief from judgment.
question of ownership. (Duero v. CA)

However, the petition is likewise denied, (NOTE: As early as during trial, he

and the MR alleging that the RTC has no
jurisdiction considering the Xerox as
proving jurisdictional value has no
evidentiary value to prove such, has been
dismissed as well.
As such, a Writ of Execution was issued in
favour of X.
This led to A’s filing of a Petition for
Certiorari in the CA questioning the
jurisdiction of the RTC as the
jurisdictional value has not been
established to be within its own
jurisdiction as the proof of valuation is
merely a Xerox copy.
On the other hand, X claims that A is now
estopped to question the jurisdiction of
the court considering that he questioned
only in the CA, and not in the RTC.
The CA granted the petition. Is the CA
correct in holding that A is NOT estopped
to question the jurisdiction of the RTC?
Yes, the CA is correct.
It is worthy to note that X relied on
mere Xerox copies to prove the value
of the land and eventually made the
RTC believe that it has jurisdiction
was already assailing the jurisdiction of
the court via the filing of the MR on
the order denying the petition for
relief from judgment
Thus, he cannot be said to be
estopped by laches)
Summary of the rule on judgment
rendered without jurisdiction
GR: Any judgment, decision, or
final order, rendered by a
court without jurisdiction is
null and void
ER: Jurisdictional estoppel by
laches over the subject matter,
in which case the party shall
be deemed to have waived his
right to question the
jurisdiction of the court
EER: Jurisdictional estoppel by
laches over jurisdiction over
the person, res, issues, and
territory, as estoppel
APPLIES ONLY TO
SUBJECT MATTER
Jurisdiction over the persons of the parties
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Atty. Henedino Brondial
Parties in a civil case
There can be a maximum of five (5)
parties in a civil case
A Plaintiff;
B Defendant;
C Co-defendant;
D 3rd (4th, etc.) party defendant;
and
E Intervenor
(NOTE: For purpose of discussion,
the above letter designations shall be
used during recitations and lectures)
Parties in a criminal case
There is a maximum of two (2) parties
in a criminal case:
1. Plaintiff (Republic of the
Philippines); and
2. Accused
Q: Is the private complainant a party to
the case?
No, as he is merely an interested party
Q: Under Rule 132 of the Rules of Court,
the trial court has the power to exclude
person/s during trial.
Can the trial court exclude the private
complainant during the trial of his
criminal case?
No, as he has an interest in the case.
(NOTE: Under the previous Rule
132, the private complainant
CANNOT be excluded. At present,
the private complainant is deemed to
have an interest, and thus cannot be
excluded.)
Party/ies in special proceedings
PJA
As a general rule, there is only one
party, the petitioner.
However, as an exception, in cases
for a petition for issuance of a writ of
habeas corpus, there are two (2) parties,
the petitioner and the respondent.
This is so because the
preliminary citation must
contain the name of the
person holding custody
(respondent)
Q: In a petition for adoption, a defendant
filed his opposition thereto. Is it correct to
say that there are two (2) parties to this
special proceeding?
No, as the defendant only becomes an
oppositor, and NOT necessarily a
party.
Q: B, B1, and B2 are impleaded as
defendants to a case. Illustrate a cross-
claim.
A cross-claim may be had between the
defendants.
Thus, B against B1, B to B2, B1 to B,
B1 to B2, B2 to B, B2 to B1, so on
and so forth.
Q: Can there be a cross-claimant if there
is no co-defendant?
There could be no cross claim, if there
is no co-defendant
Q: A filed a civil case against B, and there
is a 3rd party claim. Is it A who filed the 3rd
party claim?
No, as it is only the defendant who
may file a 3rd party claim
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Atty. Henedino Brondial PJA
Q: What pleading should be filed to Q: How is jurisdiction over the person are
become an intervenor? acquired in special proceedings

By a motion to intervene under Rule It must comply with the requirement

19 on publication. In line with this, an
affidavit of the publisher and the
Q: How is jurisdiction acquired over the clippings of the publication must be
person of the plaintiff? submitted.

Court acquires jurisdiction over the Summary of requirement/s to acquire

plaintiff upon: jurisdiction over the person/s

1. Filing of the initiatory complaint; MEANS

AND Plaintiff Filing of the inititatory
complaint; and
2. Payment of docket fees: Timely payment of the
a. Timely (paid on time); correct docket fees
AND
b. Appropriate (correct Defendant, co- Valid service of
amount) defendant, 3rd (4th, etc.) summons; or
party-defendant, Voluntary appearance
Q: How is jurisdiction over the persons of Accused Lawful arrest; or
the defendant, co-defendant, and 3rd (4th, Voluntary surrender
etc.) party defendant acquired by the
court? Intervenor Upon approval of the
motion for leave to
intervene
It is acquired by:
Special proceedings After complying with
1. VALID service of summons; or publication requirements
2. Voluntary appearance
Jurisdiction over the res
Q: When is jurisdiction over the person of
the intervenor acquired? Res literally means the “thing” which
is the subject matter of the action
Upon the approval of the motion for
leave to intervene Q: Considering that it is a “thing”, does it
strictly mean that it is limited to tangible,
(NOTE: Both 3rd (4th, etc.) party- real or personal, property?
complaints and actions for
intervention must be preceded by a No, as it may refer to the “status” of a
motion for leave) person. (e.g. status of the spouse in a
petition for declaration of nullity of
Q: How is jurisdiction acquired over the marriage)
person of the accused?
While generally a thing refers to real
It may be acquired by the following: or personal property, for academic
purposes, it includes status of persons
1. Lawful arrest; or
2. Voluntary surrender
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Atty. Henedino Brondial
Q: Is it necessary for the court to acquire
jurisdiction over the res?
As a general rule, no, as jurisdiction
over the person would suffice.
However, as an exception,
jurisdiction over the res is required in
order for the court to take proceed
with the case whenever the
jurisdiction over the person of the
defendant cannot be acquired in
actions which are strictly in personam
Q: Mr. X owes Mr. A the amount of
Php100,000.
Mr. X has left the country and is now a
permanent resident of Canada.
It would be very taxing for Mr. A to cause
a publication in Canada.
Can his case for collection of money filed
against Mr. X proceed to trial even if the
court cannot acquire jurisdiction over the
latter?
Yes, if the court can acquire
jurisdiction over the properties of X
found in the Philippines, in
accordance with Rule 57 on
Preliminary Attachment.
In this case, the court will still have
jurisdiction to try the case despite
having no jurisdiction over the person
(X), as it has jurisdiction over the res
(properties of X in the Philippines)
By preliminary attachment, the action
in personam is turned into an action
quasi in rem, which does not require
jurisdiction over the person over the
defendant.
Q: Under Rule 2 of the ROC, actions are
classified into personal and real actions.
PJA
Does it follow, that all personal actions are
in personam and all real actions are in
rem?
No, it is not restricted to such, as both
may be in personam or in rem despite it
being a personal or real action
Criteria to determine if an action is in
personam or in rem
The basis shall be the binding effect
of the action.
It is in personam, if the binding
effect is limited to the defendant.
On the other hand, it is in rem, if the
binding effect is binding to the whole
world.
Jurisdiction over the issues
Q: How is jurisdiction over the issues
acquired in civil actions?
It is determined by the allegations in
the pleading
Thus, if it is NOT alleged in the
information, the court has no
jurisdiction
Q: Is it necessary for the court the acquire
jurisdiction over the issues?
Yes, as without any allegation thereof,
the court cannot rule upon it.
In line with Rules on Evidence, no
proof would be necessary as to those
NOT alleged, as the court never
acquired jurisdiction to try such.
Q: A filed a case against B for collection of
sum of money
A never alleged that he demanded
payment via a demand letter
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
During the trial, A started to present
evidence of demand letters.
Is the presentation of the demand letters
objectionable?
Yes, as the court has no jurisdiction
over the demand letters, as it was
never alleged in the pleading.
Thus, the objection must be sustained,
as one cannot present evidence to
establish proof of those not alleged in
the pleading.
If there is no allegation, what is there
to prove?
(NOTE: The remedy then of the
plaintiff should be amendment of the
pleading. But observe that under the
new Sec. 5 of Rule 10, it is no longer
stated. As to the reason, di ko pa alam,
wait lang daw sabi ni LeBrondi)
Q: How is jurisdiction over the issues
acquired in criminal actions?
It is via the arraignment, specifically in
the information or complaint-
affidavit.
Thus, if circumstances are not alleged
in the information, the court cannot
appreciate those circumstances to
mitigate, exempt, or aggravate liability
Q: If there was no arraignment, and
subsequently the case was dismissed,
another case was filed against the
respondent, can the respondent raise the
defense of double jeopardy?
No, as in the first place, the court
acquired no jurisdiction over the
issues of the case.
PJA
Thus double jeopardy did not attach,
considering that the court had no
authority to try it in the first place.
Q: An information was filed where the
alleged crime committed was qualified
rape of a thirteen (13) year old by her
uncle.
In the information, there was no
allegation as to the minority nor the
relationship of the respondent to the
victim.
Assuming that during this time, death can
still be imposed, can the court impose the
extreme penalty of death?
No, as the circumstances amounting
to rape being qualified was never
alleged.
Q: Considering that in civil and criminal
actions, jurisdiction over the issues is
acquired via the allegations in the
pleadings, does the same hold true in
special proceedings?
No, as in case of special proceedings,
jurisdiction over the issues is provided
for by law
Q: In a petition for adoption, it was
alleged by the petitioner that “I am very
capable of adopting X, as I am very rich.
Likewise, X is capable of being adopted as
her parents have already told me that I
can”, without any further proof proving
such. Did the court acquire jurisdiction by
the mere representations in the allegation?
No, as in special proceedings,
jurisdiction over the issues is provided
for by law.
Mere allegations as to the status of the
adopter and the adoptee are
insufficient, considering that the law
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Atty. Henedino Brondial PJA
requires certain documents, such as a ER: To avoid miscarriage
judicial declaration of the child as of justice, the SC may
available for adoption. order for a change of
venue
Jurisdiction over the territory
SUMMARY ON PRINCIPLES OF
Q: Is jurisdiction over the territory JURISDICTION
required in civil actions?
The following are principles on
No, as jurisdiction over the territory is jurisdiction:
only a matter of venue in civil actions,
and therefore, is NOT jurisdictional 1. Jurisdiction over the subject
matter:
Hence, under Rule 4, venue may be
waived by the parties, even by failure a. Any court rendering a
to object. judgment, final order, or
resolution, without
Q: Is jurisdiction over the territory jurisdiction shall be null
required in criminal actions? and void;

In contrast, venue is i. As an exception,

JURISDICTIONAL in criminal the lack of
actions. jurisdiction shall
not apply in cases
Q: That venue is jurisdictional in criminal of jurisdictional
actions, is it correct to say that even if the estoppel;
private complainant is being harassed in
the territory due to the influence of the ii. The estoppel
respondent, it cannot be changed to other referred to in
venues no matter what? jurisdictional
estoppel refers to
No, as Sec.5 of Art. VIII provides that estoppel by
it is within the jurisdiction of the SC laches (Tijam v.
to: Sibonghanoy);

“Order a change of venue or iii. Estoppel by laches

place of trial to avoid a attaches only to
miscarriage of justice” jurisdiction over
the subject
Thus, the rule as to venues in criminal matter, and NOT
actions is as follows: to jurisdiction over
the person, issues,
GR: Jurisdictional, and res, or territory;
hence must be tried in
the place where the b. Jurisdiction over the
crime occurred or any subject matter is
of its material elements conferred by law;
happened
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Atty. Henedino Brondial PJA
i. As an exception, inferior courts
the jurisdiction of before resort to
the SC is NOT the higher courts;
conferred by law,
as it is provided by ii. As an exception,
the Constitution the SC may
disregard the
c. At the time of hierarchy in cases
determination by the court of transcendental
of its jurisdiction over the importance; and
complaint filed, it must
restrict itself with the iii. The Supreme
allegations in the pleading, Court is not a trier
and CANNOT consider of facts
evidence during such time,
as evidence is a matter of 2. Jurisdiction over the person of
trial. (First Sarmiento the parties:
Property Holdings, Inc.
v. PBCom) a. Jurisdiction over the
person of the plaintiff is
d. Regular courts both have acquired by the filing of
original and appellate the initiatory pleading
jurisdiction AND timely payment of
the correct docket fees;
i. As exceptions,
both the CA and b. Jurisdiction over the
SC do not have person of the defendant,
original co-defendant, and 3rd
jurisdiction over (4th, etc.) party-
criminal cases, as defendant is acquired by
they only have the valid service of
appellate summons or voluntary
jurisdiction over appearance;
such
c. Jurisdiction over the
e. While the RTC, CA, and person of the accused is
SC has concurrent acquired via a legal arrest
jurisdiction over petitions or voluntary surrender;
for certiorari, prohibition,
and mandamus, the d. Jurisdiction over the
following principles shall intervenor is acquired
be observed: upon the approval of the
motion for leave to
i. Doctrine of intervene;
hierarchy of
courts, in that 3. Jurisdiction over the issues
resort must first be
made to the
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Atty. Henedino Brondial PJA
a. Jurisdiction over the issues 7. First level courts:
in civil and criminal a. Metropolitan Trial Court
actions is acquired by the (MeTC):
allegations in the b. Municipal Trial Court
pleadings; (MTC)
c. Municipal Trial Courts in
i. As an exception, Cities (MTCC); and
in special d. Municipal Circuit Trial
proceedings, the Courts (MCTC)
issues are 8. Sharia’h Courts:
conferred by law a. Sharia’h Circuit Court
(SCC);
4. Jurisdiction over the res: b. Sharia’h District Court
(SDC);
a. It is only required in c. Sharia’h Appellate Court
cases where jurisdiction (SAC); and
over the person of the 9. Quasi-Judicial Tribunals
defendant cannot be
acquired in actions (NOTE: ALL other tribunals, except
strictly in personam those enumerated from 1-8, are
considered quasi-judicial courts
5. Jurisdiction over the territory:
But wait teka lang one minute may
a. In civil cases, jurisdiction surprise mamaya)
over the territory is NOT
required, as it is territory Basis of judicial power
is merely for the purpose
of venue in civil actions; Art. VIII, Sec. 1; The judicial power shall be
vested in one Supreme Court and in such
b. In criminal cases, lower courts as may be established by law.
jurisdiction over the
territory is required, as Judicial power includes the duty of the courts
territory is jurisdictional of justice to settle actual controversies
in criminal actions involving rights which are legally demandable
and enforceable, and to determine whether or
not there has been a grave abuse of discretion
JURISDICTION OF REGULAR amounting to lack or excess of jurisdiction on
COURTS the part of any branch or instrumentality of
the Government.
When we talk of jurisdiction, it applies
to regular courts, which are as follows: Q: What are the kinds of jurisdiction held
by regular courts?
1. Supreme Court (SC);
2. Court of Appeals (CA); As a general rule, regular courts both
3. Court of Tax Appeals (CTA); have ORIGINAL AND
4. Sandiganbayan (SB); APPELLATE jurisdiction.
5. Regional Trial Court;
6. Family Courts;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
However, as an exception, the SC
and the CA only have APPELATE
jurisdiction over criminal cases.
Thus they do NOT have ORIGINAL
jurisdiction over criminal cases, only
appellate jurisdiction
Jurisdiction of the Supreme Court
Art. VIII, Sec. 5; The Supreme Court shall
have the following powers:
(1) Exercise original jurisdiction over
cases affecting ambassadors, other
public ministers and consuls, and over
petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas
corpus.
(2) Review, revise, reverse, modify, or
affirm on appeal or certiorari, as the
law or the Rules of Court may
provide, final judgments and orders of
lower courts in:
(a) All cases in which the
constitutionality or validity of
any treaty, international or
executive agreement, law,
presidential decree,
proclamation, order,
instruction, ordinance, or
regulation is in question.
(b) All cases involving the
legality of any tax, impost,
assessment, or toll, or any
penalty imposed in relation
thereto.
(c) All cases in which the
jurisdiction of any lower court
is in issue.
PJA
(d) All criminal cases in which
the penalty imposed is reclusion
perpetua or higher.
(e) All cases in which only an
error or question of law is
involved.
(3) Assign temporarily judges of lower
courts to other stations as public
interest may require. Such temporary
assignment shall not exceed six
months without the consent of the
judge concerned.
(4) Order a change of venue or place
of trial to avoid a miscarriage of
justice.
(5) Promulgate rules concerning the
protection and enforcement of
constitutional rights, pleading,
practice, and procedure in all courts,
the admission to the practice of law,
the integrated bar, and legal assistance
to the underprivileged. Such rules shall
provide a simplified and inexpensive
procedure for the speedy disposition
of cases, shall be uniform for all
courts of the same grade, and shall not
diminish, increase, or modify
substantive rights. Rules of procedure
of special courts and quasi-judicial
bodies shall remain effective unless
disapproved by the Supreme Court.
(6) Appoint all officials and employees
of the Judiciary in accordance with the
Civil Service Law.
(NOTE: MEMORIZE)
Exclusive original jurisdiction of the SC
The SC, has exclusive original
jurisdiction over petitions for:
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
1. Certiorari; 1. Originally via a petition for certiorari, a
2. Prohibition; and Special Civil Action under Rule 65;
3. Mandamus and
2. By appeal under Rule 45 (Petition for
Over actions emanating from these six review on certiorari)
(6) tribunals:
Distinctions of R.45 and R.65
1. CA;
2. COMELEC; RULE 45 RULE 65
3. Commission on Audit (COA); Nature Mode of Special Civil
appeal Action
4. SB;
5. CTA decisions en banc; and Kind of action Appellate Original
6. SAC, once they have organized
Relation to Continuation Independent of
Q: Are all decisions of the CTA capable of the original the originating
appeal to the SC by a petition certiorari, case case
prohibition, or mandamus? Question Of law and Of law
Fact
No, as decision of the CTA division
must be appealed to the CTA en banc. Error Of judgment Of jurisdiction

Stay of Stayed, as it is NOT stayed,

The order by the CTA en banc is the
judgments an appeal UNLESS
only one which can be appealed via a appealed from enjoined/restricted
petition for certiorari, prohibition, or
mandamus. Requirement Required NOT required
as to prior
Kind of jurisdiction in 1st and 2nd MR
Parties Original Tribunal, board,
paragraphs of Art. VIII, Sec. 5 parties officer is
impleaded as the
1st paragraph refers to original respondent
jurisdiction
Where filed SC only RTC, CA, or SC
nd
On the other hand, the 2 paragraph
refers to appellate jurisdiction, Q: If the SC passes a regulation
specifically by judicial review (Memorandum Circular) regulating
special courts, is it an exercise of judicial
Q: Are those mentioned under the 1st legislation which encroaches upon the
paragraph referring to original and constitutional right of congress?
exclusive jurisdiction of the SC?
No, but must be limited to protection
No, they are merely concurrent with of constitutional rights, rules of
the RTC procedure, etc.

Thus, the doctrine of hierarchy of Q: When does Congress encroach the

courts must still be observed courts?

Two (2) ways to appeal to the SC

REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
If it encroaches the jurisdiction of the
Supreme Court, as it is vested by the
Constitution.
(NOTE: Thus, jurisdiction is
conferred by law and can be legislated
upon (e.g. SB, CTA, CA), EXCEPT
the Supreme Court, as it is vested by
the Constitution)
Jurisdiction of the Court of Appeals
Sec. 9. Jurisdiction;
The Intermediate Appellate Court shall
exercise:
(1) Original jurisdiction to issue writs
of mandamus, prohibition, certiorari,
habeas corpus, and quo warranto, and
auxiliary writs or processes, whether
or not in aid of its appellate
jurisdiction;
(2) Exclusive original jurisdiction over
actions for annulment of judgments of
Regional Trial Courts; and
(3) Exclusive appellate jurisdiction
over all final judgments, decisions,
resolutions, orders, or awards of
Regional Trial Courts and quasi-
judicial agencies, instrumentalities,
boards or commissions, except those
falling within the appellate jurisdiction
of the Supreme Court in accordance
with the Constitution, the provisions
of this Act, and of subparagraph (1) of
the third paragraph and subparagraph
(4) of the fourth paragraph of Section
17 of the Judiciary Act of 1948.
The Intermediate Appellate Court shall have
the power to try cases and conduct hearings,
receive evidence and perform any and all acts
necessary to resolve factual issues raised in
cases falling within its original and appellate
jurisdiction, including the power to grant and
conduct new trials or further proceedings.
PJA
These provisions shall not apply to decisions
and interlocutory orders issued under the
Labor Code of the Philippines and by the
Central Board of Assessment Appeals.
Exclusive original jurisdiction of the CA
The CA shall have exclusive original
jurisdiction over actions for
annulment of judgements of the
RTC under Rule 47
Q: What is the nature of all other
jurisdictions of the CA aside from the
above?
All the rest are concurrent
Q: X, an aggrieved party in an MeTC
decision, filed for an action for annulment
of judgment of the MTC in the CA. Will
his action prosper?
No, as the CA only has exclusive
original jurisdiction to annul
judgments of the RTC
Q: Where then should X file his action to
annul the judgment of the MTC?
To the RTC, as prescribed under Sec.
10 of Rule 47, which reads as follows:
“47.10. Annulment of
judgments or final orders of
Municipal Trial Court;
An action to annul a judgment
or final order of a Municipal
Trial Court shall be filed in the
Regional Trial Court having
jurisdiction over the former. It
shall be treated as an ordinary
civil action and Sections 2, 3,
4, 7, 8 and 9 of this Rule shall
be applicable thereto.”
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
Q: Y is an aggrieved party in case heard in
the DARAB.
He filed an action to annul the judgment
of the DARAB, will his action prosper?
No, as the remedy is only available
against the RTC
Q: What then is the proper remedy of Y?
He may file an appeal to the CTA
under Rule 43.
Q: Z has been convicted of murder by the
RTC. He seeks to annul the judgment
against him.
Thus he filed an action to annul the
judgment of the RTC. Will his action
prosper?
No, as an action for annulment is not
available in criminal cases.
(Eh di sana, lahat nag file na)
Q: What then is the proper remedy of Z?
The only remedy is appeal, and for
compelling reasons, certiorari
Jurisdiction of the RTC
Sec.19. Jurisdiction in civil cases;
Regional Trial Courts shall exercise exclusive
original jurisdiction:
(1) In all civil actions in which the
subject of the litigation is incapable of
pecuniary estimation;
(2) In all civil actions which involve
the title to, or possession of, real
property, or any interest therein,
where the assessed value of the
property involved exceeds Twenty
PJA
thousand pesos (P20,000.00) or for
civil actions in Metro Manila, where
such the value exceeds Fifty thousand
pesos (50,000.00) except actions for
forcible entry into and unlawful
detainer of lands or buildings, original
jurisdiction over which is conferred
upon Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal
Circuit Trial Courts;
(3) In all actions in admiralty and
maritime jurisdiction where he
demand or claim exceeds One
hundred thousand pesos
(P100,000.00) or , in Metro Manila,
where such demand or claim exceeds
Two hundred thousand pesos
(200,000.00);
(4) In all matters of probate, both
testate and intestate, where the gross
value of the estate exceeds One
hundred thousand pesos
(P100,000.00) or, in probate matters in
Metro Manila, where such gross value
exceeds Two hundred thousand pesos
(200,000.00);
(5) In all actions involving the
contract of marriage and marital
relations;
(6) In all cases not within the exclusive
jurisdiction of any court, tribunal,
person or body exercising jurisdiction
or any court, tribunal, person or body
exercising judicial or quasi-judicial
functions;
(7) In all civil actions and special
proceedings falling within the
exclusive original jurisdiction of a
Juvenile and Domestic Relations
Court and of the Courts of Agrarian
Relations as now provided by law; and
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
(8) In all other cases in which the
demand, exclusive of interest,
damages of whatever kind, attorney's
fees, litigation expenses, and costs or
the value of the property in
controversy exceeds One hundred
thousand pesos (100,000.00) or, in
such other abovementioned items
exceeds Two hundred thousand pesos
(200,000.00).
(NOTE: Take note of the
jurisdictional amount which has
already been raised from Php100,000
and Php200,000 to Php300,000 to
Php400,000, respectively.
Likewise, actions concerning marriage
and marital relation are already
transferred to the FC, which is a court
distinct and separate from the RTC.
If called to read the jurisdiction of the
RTC, raise the jurisdictional amounts
and remove marriage and marital
relations, as Lolo LeBrondi would be
angry and you wasted your saliva.)
Q: Under BP 129, the RTC is vested with
the jurisdiction over cases involving
marriage and marital relations. Is it
correct to say, at present, that they have
jurisdiction over a petition for declaration
of nullity of marriage?
No, as it is now EXCLUSIVELY
under the jurisdiction of the FC (kung
lumang Rules of Court binabasa mo itapon
mo na)
Q: Considering that a Family Court is
actually an RTC, can the former be
classified under the latter?
No, they are different. In fact their
jurisdiction is different from one
another
PJA
Q: Where should the RTC base its
determination if an action is incapable of
pecuniary estimation?
It should solely be based on the
allegations of the pleading as held in
First Sarmiento Property Holdings,
Inc. v. PBCom
The ruling, as written by Justice
Leonen, effectively overturned past
jurisprudence, to the extent that, back
then, evidence is considered to
determine if an action is incapable of
pecuniary estimation.
In explaining so, Justice Leonen
explained that evidence cannot be
considered to determine such, as
evidence is a matter of trial.
During the time of acquisition of
jurisdiction, the courts are limited to
the allegations in the pleading, and
cannot require parties to present
evidence thereon as, again, evidence is
a matter of trial.
Q: Assuming that money is involved in an
otherwise designated “action incapable of
pecuniary estimation”, is it automatic that
it is not?
It depends. If the money is merely
incidental to the action, it is within the
ambit of an “action incapable of
pecuniary estimation”.
As such, an annulment of
foreclosure of real estate
mortgage is an action
incapable of pecuniary
estimation.
What is being sought here is
the annulment of the
agreement itself.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
The selling amount of the
property is merely incidental
to the main action
On the other hand, if it is a recovery
action, that which is sought to be
recovered determines its action, in
effect the value of the property shall
be the basis of jurisdiction.
Evidence is applicable only to
trial, as such during the
determination of jurisdiction,
it cannot be the basis. (First
Sarmiento Property
Holdings, Inc., v.
Philippine Bank of
Communications)
Q: Is annulment of a real estate mortgage
(REM) an action incapable of pecuniary
estimation?
Yes, as what is being sought is the
annulment of the agreement, as the
principal action.
If there is money involved in the
action for annulment, it is merely
incidental to the principal action of
annulment.
Q: Is foreclosure of a REM an action
incapable of pecuniary estimation?
No, as it involves money principally,
and recovery of property, thus the
value of the property shall be
determinative of the proper
jurisdiction.
(NOTE: Do not confuse annulment
of the REM with its foreclosure. As
held in Agarrado v. Agarrado,
foreclosure involves money, in
contrast with an annulment, which
merely seeks to sever the agreement.)
PJA
Q: B borrowed money from A, in the
amount of Php250,000.
B failed to pay.
As such, A filed a case against B for the
amount of Php250,000 and included
Php100,000 as interests, Php100,000 in
damages, and Php50,000 as attorney’s
fees, all in all 500k.
Where should A file the case?
He should file the case with the MTC,
as the basis would only be the value of
the loan.
Interest, damages, and attorney’s fees
shall not be included in the
determination of jurisdictional value
(NOTE: As an exception, damages
shall be included and be the basis if it
is the main action itself.)
Q: B borrowed money from A, in the
amount of Php250,000.
B failed to pay.
As such, A filed a case against B for the
amount of Php250,000 and included
Php100,000 as interests, Php100,000 in
damages, and Php50,000 as attorney’s
fees, all in all 500k.
But prior to the filing by A, he first wrote
B demanding payment of Php500,000, in
the same manner enumerated above.
B answered the demand via a letter in this
manner:
I am going to pay you, just don’t
file the case.
So A did not pursue to file the case.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
But after the time promised by B to pay
the Php500,000, as stated in his letter to A,
B failed to pay.
As such, A filed the case, in the amount
enumerated as above.
Which court has jurisdiction over the
case?
RTC, as it is incapable of pecuniary
estimation due to a breach of
contract.
The letter sent by B, and the
subsequent acknowledgment by A,
resulted in an agreement.
Thus, the failure to pay by B is a
breach to that agreement.
That it is a breach, it is considered as
an action incapable of pecuniary
estimation, and the RTC has
jurisdiction over such.
(NOTE: While the jurisdictional
value would nevertheless vest
jurisdiction in RTC, it would be the
wrong basis. This was given in the bar
several years ago.)
Q: What type of succession can be
recognized by the RTC as a settlement of
estate?
It can recognize both, as it is
irrespective of whether it is testate or
intestate.
Q: Is a petition for guardianship under the
exclusive jurisdiction of the RTC?
No, a distinction must be made, based
on the person, if he is a/an:
1. Incompetent; the jurisdiction shall
be in the RTC: or
PJA
2. Minor; the jurisdiction shall be
with the Family Court
Admiralty cases
These refers to maritime cases which
involves the seas
Q: Under BP 129, the RTC has
jurisdiction:
“In all cases not within the
exclusive jurisdiction of any court,
tribunal, person or body exercising
jurisdiction or any court, tribunal,
person or body exercising judicial
or quasi-judicial functions. x x x”
Is the above jurisdiction referring to
equity jurisdiction?
No, it refers to general jurisdiction.
As an example, the RTC may take
cognizance of a boundary dispute
between two (2) municipalities
Q: What happened to the then designated
“criminal courts”?
They have been abolished, considering
that the judges assigned to it are
possible subjects of assassination
Jurisdiction of MTC
Sec.33. Jurisdiction of Metropolitan Trial
Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in civil
cases;
Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts
shall exercise:
(1) Exclusive original jurisdiction over
civil actions and probate proceedings,
testate and intestate, including the
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
grant of provisional remedies in
proper cases, where the value of the
personal property, estate, or amount
of the demand does not exceed One
hundred thousand pesos
(P100,000.00) or, in Metro Manila
where such personal property, estate,
or amount of the demand does not
exceed Two hundred thousand pesos
(P200,000.00) exclusive of interest
damages of whatever kind, attorney's
fees, litigation expenses, and costs, the
amount of which must be specifically
alleged: Provided, That where there
are several claims or causes of action
between the same or different parties,
embodied in the same complaint, the
amount of the demand shall be the
totality of the claims in all the causes
of action, irrespective of whether the
causes of action arose out of the same
or different transactions;
(2) Exclusive original jurisdiction over
cases of forcible entry and unlawful
detainer: Provided, That when, in such
cases, the defendant raises the
question of ownership in his pleadings
and the question of possession cannot
be resolved without deciding the issue
of ownership, the issue of ownership
shall be resolved only to determine the
issue of possession.
(3) Exclusive original jurisdiction in all
civil actions which involve title to, or
possession of, real property, or any
interest therein where the assessed
value of the property or interest
therein does not exceed Twenty
thousand pesos (P20,000.00) or, in
civil actions in Metro Manila, where
such assessed value does not exceed
Fifty thousand pesos (P50,000.00)
exclusive of interest, damages of
whatever kind, attorney's fees,
litigation expenses and costs:
PJA
Provided, That value of such property
shall be determined by the assessed
value of the adjacent lots.
Procedures observed in the MTC
There are three (3) procedures
applicable in the lower courts,
1. Regular procedure;
2. Summary procedure; and
3. Procedure for small claims cases
Threshold of summary procedure (SP)
“All other cases, except probate
proceedings, where the total amount
of the plaintiff's claim does not exceed
one hundred thousand pesos
(P100,000.00) or two hundred
thousand pesos (P200,000.00) in
Metropolitan Manila, exclusive of
interest and costs.” (AM-02-11-09-
SC, 25 November 2002)
Threshold of small claims cases (SCC)
“Sec.2. Scope;
These Rules shall govern procedure in
actions before the Metropolitan Trial
Courts (MeTCs), Municipal Trial
Court in Cities (MTCCs), Municipal
Trial Courts (MTCs), and Municipal
Circuit Trial Courts (MCTCs) for
payment of money where the value of
the claim does not exceed the
jurisdictional amount of these courts
under Republic Act No. (R.A.)
7691(Four Hundred Thousand Pesos
(Php400,000.00) for the MeTCs and
Three Hundred Thousand Pesos
(Php300,000.00) for the MTCCs,
MTCs, and MCTCs) exclusive of
interests and costs” (OCA Circular
45-2019)
Dilemma
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
The above stated procedures are subject
different from each other, and are matter
Rejoinder
applicable in their own unique way.
Reply
Third-party complaints
However, it is now quite confusing, Interventions
considering the jurisdictional amount Memoranda
Small Claims has now been raised to Motion for:
Php400,000 and Php300,000, as the
Bill of Particulars;
case may be, considering that the
New Trial;
jurisdictional amount in Summary Reconsideration;
Procedures are those that does not Reopening of Trial;
exceed (Php100,000.00) or Extensions of Time to file
(Php200,000.00) pleadings, affidavits, or any
other paper;
To declare defendant in
It follows, that the jurisdictional default; and
amount of the latter, is within the Dilatory motions for
jurisdictional amount of the former postponement
Petitions for:
Q: Could the confusion be resolved by
Relief from Judgment;
resorting to those “purely civil” in nature? Certiorari, mandamus, or
prohibition against any
No, as it is still within the jurisdiction interlocutory order issued by
of both the court
Period to 10 days from service of
file summons
Q: A is a resident of QC who files a case responsive
against B a resident of Manila for the sum pleading
of Php199,000, is the case governed by
Summary Procedure (SP) or Small Claims Period to Not later Same day
cases (SCC)? promulgate than thirty
judgment/ (30) days
decision from
It depends, upon the following: termination
SP SCC of trial
Counsel’s Allowed NOT allowed
assistance
Initiatory Complaint Statement of
Salient points of SP and SCC
pleading Claim
Responsive Answer Response The following are the salient points:
pleading
Prohibited Motion to Motion to 1. Applicable only in the lower court,
pleadings dismiss dismiss NOT in the higher courts;
ER: Failure 2. Both have prohibited pleadings:
to comply a. As exceptions, the
with following are allowable
barangay pleadings in the SP:
conciliation i. Motion to dismiss
proceedings;
and due to lack of
Lack of jurisdiction over
jurisdiction the subject matter
over the
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
is available, in SCC (a) Provincial
it is a prohibited governors, vice-
pleading; and governors, members
ii. Rejoinder, in SCC of the sangguniang
it is a prohibited panlalawigan, and
pleading; provincial treasurers,
3. Prescriptive periods are much assessors, engineers,
shorter compared to regular and other provincial
procedure department heads:
(b) City mayors, vice-
Q: Is a demurrer to evidence a prohibited mayors, members of
pleading in a SP? the sangguniang
panlungsod, city
No, as a demurrer to evidence is treasurers, assessors,
consistent with the purpose of an SP, engineers, and other
which is to expedite the case city department heads;

Jurisdiction of Sandiganbayan (c) Officials of the

diplomatic service
Sec.4. Jurisdiction; occupying the position
The Sandiganbayan shall exercise exclusive of consul and higher;
original jurisdiction in all cases involving:
(d) Philippine army
a. Violations of Republic Act No. and air force colonels,
3019, as amended, otherwise known naval captains, and all
as the Anti-Graft and Corrupt officers of higher rank;
Practices Act, Republic Act No. 1379,
and Chapter II, Section 2, Title VII, (e) Officers of the
Book II of the Revised Penal Code, Philippine National
where one or more of the accused are Police while occupying
officials occupying the following the position of
positions in the government, whether provincial director and
in a permanent, acting or interim those holding the rank
capacity, at the time of the of senior
commission of the offense: superintendent and
higher;
(1) Officials of the executive
(f) City and provincial
branch occupying the
prosecutors and their
positions of regional director
assistants, and officials
and higher, otherwise
and prosecutors in the
classified as Grade ’27’ and
Office of the
higher, of the Compensation
Ombudsman and
and Position Classification Act
special prosecutor;
of 1989 (Republic Act No.
6758), specifically including:
(g) Presidents,
directors or trustees,
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
or managers of
government-owned or
controlled
corporations, state
universities or
educational institutions
or foundations.
(2) Members of Congress and
officials thereof classified as
Grade ’27’ and higher under
the Compensation and
Position Classification Act of
1989;
(3) Members of the judiciary
without prejudice to the
provisions of the Constitution;
(4) Chairmen and members of
the Constitutional
Commissions, without
prejudice to the provisions of
the Constitution; and
(5) All other national and local
officials classified as Grade
’27’ and higher under the
Compensation and Position
Classification Act of 1989.
b. Other offenses or felonies whether
simple or complexed with other
crimes committed by the public
officials and employees mentioned in
subsection a. of this section in relation
to their office.
c. Civil and criminal cases filed
pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-
A, issued in 1986.
Provided, That the Regional Trial Court shall
have exclusive original jurisdiction where the
information: (a) does not allege any damage to
the government or any bribery; or (b) alleges
damage to the government or bribery arising
PJA
from the same or closely related transactions
or acts in an amount not exceeding One
million pesos (P1,000,000.00).
Subject to the rules promulgated by the
Supreme Court, the cases falling under the
jurisdiction of the Regional Trial Court under
this section shall be tried in a judicial region
other than where the official holds office.
In cases where none of the accused are
occupying positions corresponding to Salary
Grade ’27’ or higher, as prescribed in the said
Republic Act No. 6758, or military and PNP
officers mentioned above, exclusive original
jurisdiction thereof shall be vested in the
proper regional trial court, metropolitan trial
court, municipal trial court, and municipal
circuit trial court, as the case may be, pursuant
to their respective jurisdictions as provided in
Batas Pambansa Blg. 129, as amended.
The Sandiganbayan shall exercise exclusive
appellate jurisdiction over final judgments,
resolutions or orders of regional trial courts
whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction as
herein provided.
The Sandiganbayan shall have exclusive
original jurisdiction over petitions for the
issuance of the writs of mandamus,
prohibition, certiorari, habeas corpus,
injunctions, and other ancillary writs and
processes in aid of its appellate jurisdiction
and over petitions of similar nature, including
quo warranto, arising or that may arise in
cases filed or which may be filed under
Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986: Provided, That the jurisdiction
over these petitions shall not be exclusive of
the Supreme Court.
The procedure prescribed in Batas Pambansa
Blg. 129, as well as the implementing rules
that the Supreme Court has promulgated and
may hereafter promulgate, relative to
appeals/petitions for review to the Court of
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
Appeals, shall apply to appeals and petitions
for review filed with the Sandiganbayan. In all
cases elevated to the Sandiganbayan and from
the Sandiganbayan to the Supreme Court, the
Office of the Ombudsman, through its special
prosecutor, shall represent the People of the
Philippines, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.
In case private individuals are charged as co-
principals, accomplices or accessories with the
public officers or employees, including those
employed in government-owned or controlled
corporations, they shall be tried jointly with
said public officers and employees in the
proper courts which shall exercise exclusive
jurisdiction over them.
Any provisions of law or Rules of Court to
the contrary notwithstanding, the criminal
action and the corresponding civil action for
the recovery of civil liability shall at all times
be simultaneously instituted with, and jointly
determined in, the same proceeding by the
Sandiganbayan or the appropriate courts, the
filing of the criminal action being deemed to
necessarily carry with it the filing of the civil
action, and no right to reserve the filing of
such civil action separately from the criminal
action shall be recognized: Provided, however,
That where the civil action had heretofore
been filed separately but judgment therein has
not yet been rendered, and the criminal case is
hereafter filed with the Sandiganbayan or the
appropriate court, said civil action shall be
transferred to the Sandiganbayan or the
appropriate court, as the case may be, for
consolidation and joint determination with the
criminal action, otherwise the separate civil
action shall be deemed abandoned.
Nature of SB
Fundamentally, it is a criminal court,
but however may recognize civil cases
as well
PJA
Q: Is the SB a constitutional court?
No, the better view is that it is a
constitutionally-mandated court.
While its creation is mandated by the
constitution, the constitution itself did
not create it.
As such, the law, specifically the
legislature, created it.
Q: Considering that the SB is merely a
constitutionally mandated court, one
made by the legislature, is it restricted
only to original jurisdiction?
No, the SB both have ORIGINAL
and APPELLATE jurisdiction, just
like any other regular court
Laws governing SB
The following laws created and
governs the SB:
a) Creating a Special Court to be
known as “Sandiganbayan” and for
other purposes (PD 1486);
b) Revising Presidential Decree No.
1486 creating a Special Court to
be known as "Sandiganbayan" and
for other purposes (PD 1606);
c) An Act to Strengthen the
Functional and Structural
Organization of the Sandiganbayan,
amending for that purpose
Presidential Decree No. 1606, as
amended (RA 7975);
d) An Act further defining the
jurisdiction of the Sandiganbayan,
amending for the purpose
Presidential Decree No. 1606, as
amended, providing funds
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
therefor, and for other purposes position of regional
(RA 8249); and director and higher (AKA
Grade ‘27’ of RA 6758),
e) An Act strengthening further the including:
Functional and Structural
Organization of the Sandiganbayan, i. Provincial:
further amending Presidential
Decree No. 1606, as amended, 1. Governors;
and appropriating funds therefor 2. Vice-
(RA 10660) governors;
3. Members
Summary of SB’s Exclusive Original of the
Jurisdiction sangguniang
panlalawiga
The SB has original exclusive n;
jurisdiction over: 4. Treasurers;
5. Assessors;
a) Those officials with at least Salary 6. Engineers;
Grade 27 and above: and
7. Other
a. Violations of “Anti-graft provincial
and Corrupt Practices department
Law” (RA 3019); heads;
b. Forfeiture of illegally ii. City
acquired wealth (RA
1379); 1. Mayors;
2. Vice-
c. Crimes committed by mayors;
public officers (Title VII, 3. Members
Chapter II, Sec.2, RPC); of the
sangguniang
i. Bribery; panlungsod;
1. Direct; 4. Treasurers;
2. Indirect; 5. Assessors;
3. Qualified 6. Engineers;
ii. Corruption of and
public officials; 7. Other city
department
b) Where one or more of the accused heads;
are officials occupying the
following positions in the iii. Officials of the
government, whether in a diplomatic service
permanent, acting or interim occupying the
capacity, at the time of the position of
commission of the offense:
1. Consul;
a. Officials of the executive and
branch occupying the 2. Higher;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
2. Directors;
iv. Philippine army 3. Trustees;
and air force: or
4. Managers
1. Colonels;
2. Naval b. Members of Congress
captains; and officials thereof
and (classified as Grade ‘27’
3. All officers and higher under the
of higher CPCA of 1989);
rank;
c. (3) Members of the
v. Officers of the judiciary without
PNP while prejudice to the provisions
occupying the of the Constitution;
position of:
d. Chairmen and members of
1. Provincial the Constitutional
director; Commissions, without
and prejudice to the provisions
2. Senior of the Constitution; and
super
intendent; e. All other national and
3. Or higher; local officials (classified as
Grade ‘27’ and higher
vi. City and under the CPCA of 1989)
provincial:
c) Other offenses or felonies
1. Prosecutors; committed in relation to their
2. Their office by the public officials and
assistants, employees, whether simple or
complexed with other crimes;
vii. Office of the
Ombudsman: d) Criminal cases under executive
orders (EO):
1. Officials;
2. Prosecutors; a. Creating the Presidential
and Commission on Good
3. Special Government (EO 1)
prosecutor;
b. Regarding the funds,
viii. GOCC/ State moneys, assets, and
universities/ properties illegally
Educational acquired or
institutions/ misappropriated by former
Foundations: President Ferdinand
Marcos, Mrs. Imelda
1. Presidents; Romualdez Marcos, their
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Atty. Henedino Brondial
close relatives,
subordinates, business
associates, dummies,
agents, or nominees (EO
2)
c. Defining the jurisdiction
over cases involving the
ill-gotten wealth of former
president Ferdinand E.
Marcos, Mrs. Imelda R.
Marcos, members of their
immediate family, close
relatives, subordinates,
close and/or business
associates, dummies,
agents and nominees (EO
14)
d. Amending executive order
no. 14 (EO 14-A)
e) Private individuals in conspiracy
with the above officials
Summary of offenses/crimes punishable
under the SB by law
The following offenses/crimes are
punishable under the SB:
a) Violations of “Anti-graft and
Corrupt Practices Law” (RA
3019);
b) Forfeiture of illegally acquired
wealth (RA 1379);
c) Crimes committed by public
officers (Title VII, Chapter II,
Sec.2, RPC);
a. Bribery;
i. Direct;
ii. Indirect;
iii. Qualified
b. Corruption of public
officials;
d) Other offenses or felonies
committed in relation to their
office, whether simple or
complexed with other crimes;
PJA
e) Criminal cases under executive
orders (EO):
a. Creating the Presidential
Commission on Good
Government (EO 1)
b. Regarding the funds,
moneys, assets, and
properties illegally
acquired or
misappropriated by former
President Ferdinand
Marcos, Mrs. Imelda
Romualdez Marcos, their
close relatives,
subordinates, business
associates, dummies,
agents, or nominees (EO
2)
c. Defining the jurisdiction
over cases involving the
ill-gotten wealth of former
president Ferdinand E.
Marcos, Mrs. Imelda R.
Marcos, members of their
immediate family, close
relatives, subordinates,
close and/or business
associates, dummies,
agents and nominees (EO
14)
d. Amending executive order
no. 14 (EO 14-A)
(NOTE: As a short hand answer, the
crimes/offenses given by law are as
follows:
a) Violation of RA 3019 or the Anti-
graft and corrupt practices law;
b) Recovery of ill-gotten wealth of
the Marcoses under EOs 1, 2 14,
14-A and RA 1379;
c) Crimes under the RPC:
a. Bribery;
b. Corruption of Public officials;
and
d) Plunder
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
Q: Is the SB strictly a criminal court?
No, as there are civil cases that the SB
may take cognizance of.
As an example, special laws may
provide, such as the exclusive
jurisdiction over plunder
Q: Are laws the sole source of the crimes/
offenses cognizable by the SB?
No, as jurisprudence may provide for
others, as such the following have
been declared as cognizable by the SB:
a) Anti-money laundering law;
b) Estafa (Serana v. SB);
c) Murder (Crisostomo v. SB);
d) Acts of lasciviousness (Esteban
v. SB)
(NOTE: However, as to the last two
(2) cases, do not treat it as a general
rule, as these cases are exceptional)
Q: Senator X is being charged for
violation of RA 9165 in the RTC, for
selling of drugs in the Bilibid Prison.
X moved to quash the information against
her, stating that as she is a public officer,
the case must be tried in the SB. Is X
correct?
No, X is incorrect.
RA 9165 is the special law relative to
drugs. Under said law, jurisdiction
over violations of its provisions shall
be vested with the RTC specially
designated as a drug court.
Drugs are technical matters upon
which the SC assigns to the RTC as a
drug court. In fact, Judges of RTCs in
said courts are given training in the
Philippine Judicial Academy before
PJA
engaging in such exercise. Nowhere
has it been shown that SB is prepared
to rule over such.
Thus, drug cases is an exception to the
rule that those violations committed
by public officers can be tried by the
SB, as this is vested specifically with
the RTC designated as a drug court.
(De Lima v. SB)
(NOTE: Thus, in drug cases, no
matter who the offender is, it is within
the RTC designated as a drug court)
Fundamental questions in determing the
SB’s jurisdiction over the case
In determining whether the SB has
jurisdiction, the following questions
must be asked:
1. What crime/offense was
committed?
2. Who committed the
crime/offense?
3. How was the crime/offense
committed?
Persons falling under the jurisdiction of
the SB
The following persons fall under the
jurisdiction of the SB:
1. Those public officers who has a
salary grade of 27 (SG 27);
2. Those persons who conspired
with the public officer having SG
27;
3. Those who have lower than SG 27
who committed the crime/offense
in relation to his office provided
that he is among those
enumerated
Q: Where can you determine if the public
officer is of SG 27 and higher?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
Via the Salary Standardization Law Commission Member II;
Commissioner I;
Council Chairman I;
SG 27 and higher salary and officers as of Council Member II;
2020 Dentist VII;
Deputy Administrator II;
Deputy Commissioner II;
The following enumerations are not Deputy Commissioner of Customs;
exclusive: Deputy CIR;
Deputy Executive Director IV;
Director IV;
S SALARY OFFICERS Executive Clerk of Court III;
G Executive Director III;
2 123,839 Asst. CIR; Government Corporate Attorney IV;
7 Asst. Regional Cabinet Secretary; Graft Investigation Officer III;
Asst. Regional Executive Secretary; Insurance Commissioner;
Board Member I; Judicial Staff Head;
Chairman, Police Regional Appellate Medical Specialist VI;
Board; MTC Judge;
Chief of Mission, Class II; Municipal Mayor II;
City of Government Department Head PHILJA Deputy Executive Secretary;
III; Presidential Legislative Liaison Officer
City Trial Court Judge; II;
Clerk of the Commission; Presidential Protocol Officer;
Commission Member I; Professor V;
Council Member I; Project Manager IV;
Court Attorney VI; Prosecutor III;
CA Reporter II; Provincial Vice-Governor;
Deputy Administrator I; Public Attorney V;
Deputy Commissioner I; Regional Agrarian Reform Adjudicator;
Deputy Executive Director III; Regional Chief of Staff;
Deputy Insurance Commissioner; Scientist III;
Director III; Secretary of the Regional Commission
Executive Clerk of Court II; on Appointments;
Executive Director II; Sergeant-at-Arms III;
Government Corporate Attorney III; Solicitor III;
Graft Investigation Officer II; Special Prosecution Officer III;
Head Executive Asst.; State Counsel V;
Lupon Chairman; SUC President II;
Medical Center Chief II; SUC Vice-President IV;
Municipal Mayor I; University Secretary I;
Professor IV; Veterinarian VII
Project Manager III;
Prosecutor II; 2 158,131 Administrator II;
Provincial Agrarian Reform Adjudicator; 9 Assistant Cabinet Secretary;
Public Attorney IV; Assistant Chief of Staff (OVP);
Regional Treasurer; Assistant Chief State Counsel;
Register of Deeds IV; Assistant Commissioner, Constitutional
Sangguniang Panlalawigan Member; Commission;
Sangguniang Panglungsod Member II; Assistant Director General;
Scientist II; Assistant Executive Secretary;
Solicitor II; Assistant General Manager;
Special Prosecution Officer II; Assistant Government Corporate
State Counsel IV; Counsel;
SUC President I; Assistant Ombudsman;
SUC Vice President III Assistant Press Secretary;
Assistant Solicitor-General;
2 139,939 Administrator I; Board Chairman II;
8 Board Chairman I; Board Governor;
Board Member II; Board Member III;
Chancellor I; Chancellor II;
Chief Executive Staff; Chief Justice Staff Head;
City Vice Mayor II; Chief of Mission, Class I;
Commission Chairman I;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
College Professor; Clerk of the Electoral Tribunal;
Commission Chairman II; Commission Chairman III;
Commission Member III; Commission Member IV;
Commissioner II; Commissioner III;
Council Chairman II; Commissioner of Customs;
Council Member III; CIR;
Department Assistant Secretary; Commissioner, Constitutional
Department Legislative Liaison Officer; Commission;
Deputy Administrator III; Council Chairman III;
Deputy Chief Public Attorney; Council Member IV;
Deputy Clerk of the Electoral Tribunal; Court Administrator of the SC;
Deputy Commissioner III; Department Undersecretary;
Deputy Executive Director V; Deputy Court Administrator of the SC;
Deputy Government Corporate Deputy Director-General;
Counsel; Deputy Executive Secretary;
Deputy Regional Governor; Deputy Ombudsman;
Deputy Secretary of the House Electoral Deputy Press Secretary;
Tribunal; Deputy Secretary of the Commission on
Deputy Secretary of the Senate Electoral Appointments;
Tribunal; Deputy Secretary of the Senate;
Deputy Special Prosecutor; Deputy Secretary-General of the HOR;
Deputy Treasurer of the Philippines; Director VI;
Director V; Executive Clerk of Court V;
Executive Clerk of Court IV; Executive Director V;
Executive Director V; General Manager;
Inspector General; Government Corporate Counsel;
Labor Arbiter; Jurisconsult;
Legislative Staff Head; Medical Specialist VII;
Member, Regional Assembly; Member, Constitutional Commission;
PHILJA Executive Secretary; Overall Deputy Ombudsman;
PHILJA Professor I; PHILJA Professor II;
Presidential Legislative Liaison Officer PHILJA Vice-Chancellor;
III; Presidential Assistant I;
Professor VI; Presidential Legislative Adviser;
Prosecutor IV; Presidential Legislative Assistant;
Regional Cabinet Secretary; Provincial Governor;
Regional Executive Secretary; Regional Vice-Governor;
Regional Legislative Secretary; Scientist V;
RTC Judge; Secretary of the House Electoral
Scientist IV; Tribunal;
SDC Judge; Secretary of the Senate Electoral
Special Presidential Representative; Tribunal;
SUC Executive Vice-President; Sergeant-At-Arms IV;
SUC President III; Solicitor-General;
Trade Commissioner; Speaker, Regional Assembly
University Secretary II; Special Prosecutor;
UP Vice-President SUC President IV;
Treasurer of the Philippines;
3 178,688 Administrator III; University Professor;
0 Assistant Court Administrator of the UP Executive VP;
SC;
Associate Justice; 31 262,965 Associate Justice of SC;
Associate Justice, CA; Board Chairman IV;
Associate Justice, SB; Cabinet Secretary;
Board Chairman III; Chairman, Constitutional Commission;
Board Member IV; Commission Chairman IV;
Cabinet Undersecretary; Council Chairman IV;
Chancellor III; Department Secretary;
Chief of Staff (OVP); Director-General;
Chief Prosecutor; Executive Secretary;
Chief Public Attorney; Member of the HOR;
Chief State Counsel; Ombudsman;
City Mayor; PHILJA Chancellor;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
Presidential Adviser;
Presidential Adviser on Legislative
Affairs;
Presidential Assistant II;
Presidential Spokesman;
Presiding Justice;
Presiding Justice, CA;
Presiding Justice, SB;
Press Secretary;
Regional Governor;
Secretary of the Commission on
Appointments;
Secretary of the Senate;
Secretary-General of the HOR;
Senator;
UP President
3 313,512 Vice President;
2 Senate President;
Speaker of the HOR;
SC Chief Justice
3 395,858 President
3 SB.
SG 27 in AFP and PNP
In the PNP, SG 27 officers start at
superintendent.
On the other hand, in the AFP, SG
27 officers start at colonel
Q: X, Y, Z, are captains of the navy, army,
and air force. In case a crime is
committed within the jurisdiction of the
SB, who can be tried in the SB based on
SG?
Only X can be tried based on his SG,
as he has SG 27.
Both Y and Z have an SG lower than
27.
Thus a captain in the navy has a
higher SG compared to those in the
army and air force.
(NOTE: I cannot find any document
to support this, so just believe your
lolo)
PJA
Highest and lowest SG in the executive
The highest is the President, having
SG 33.
While the lowest is the Janitor, having
SG 1
Q: X has been appointed by Pres. E to be
the student regent of the University of the
Philippines (UP).
Her successor, Y, found anomalies in the
budget regarding a construction of the
Vinzons Hall in UP.
As such, a case against X was filed in the
X filed a motion to quash, on the ground
that she cannot be considered as a public
officer.
Further, even assuming that X is a public
officer, she is not one with SG 27, as in
fact she has no salary, and thus not within
the jurisdiction of the SB. Is X correct?
No, a public officer may come within
the ambit of the SB’s jurisdiction even
if she is not one with SG 27 or
without SG.
This is true, as a “student regent” is
among those enumerated in the law,
being part of the “Board of Trustees”.
Under the succeeding paragraphs of
the provision concerning jurisdiction,
the officers contemplated therein thus
not consider the SG 27, as long as
they are among those enumerated, and
that they have committed the act
complained of by reason of her public
office.
Furthermore, her position was given
to her to exercise public functions.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
Thus the act complained of is
facilitated by the public office.
(Serana v. SB)
Importance of Serana case
It revolutionized the fundamental
questions to ask in determining the
jurisdiction of the SB:
1. Who? It is not restricted to those
having SG 27 or higher, as it may
be even by one without a salary;
2. What and how? It is NOT
necessary that public office is an
element of the crime, but rather as
long as the public office
facilitated the crime
Q: X is a Regional Director. After an
anomaly was found in his Statement of
Assets and Liabilities (SALN), the
Ombudsman filed a case against him in
the SB.
X moved to quash the information, on the
ground that he is not a public officer, as
evidenced by a certification by the Officer
In Charge of the BIR stating that he is a
“Regional Director, with SG 26”.
On the other hand, the OMB opposed the
same on the ground that under the law,
the statement “Regional Director or
higher” means that the RD and those
whom are higher are treated different from
each other. Thus SG is not considered in
the RD to be within the SB’s jurisdiction.
Who is correct?
X is correct, only those with SG 27
are within the ambit of the SB’s
jurisdiction.
PJA
As deliberated in the sponsorship of
the bill “regional director or higher” is
equivalent to SG 27 or higher.
The purpose for requiring a higher SG
is for the SB to focus on the “big fish”
rather than the “small fish” which can
be tried in other courts.
That a certification that X is a director
having SG 26 does not come within
the ambit of “Regional Director or
higher (Duncano v. SB)
(NOTE: X would not come within
the ambit of those enumerated, as he
does not belong to it. He is merely on
the 1st portion of the provision, thus
applicability of “in relation to office”
would not apply.)
New concept of primary jurisdiction in
relation to conduct of preliminary
investigation by the Department of Justice
(DOJ) or the Office of the Ombudsman
(OMB)
Under a Memorandum of Agreement
(MOA) entered into by the DOJ and
OMB, under DOJ Department
Circular No. 38, Series of 2012 (DOJ-
DC No. 38, S. of 2012), the following
have been agreed upon:
A. Jurisdiction
1. The OMB has primary jurisdiction in
the conduct of preliminary
investigation and inquest proceedings
over complaints for crimes cognizable
by the Sandiganbayan. x x x
In line with this the OMB has primary
jurisdiction in conducting preliminary
investigations in ALL cases cognizable
by the SB in the exercise of its
original jurisdiction.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
Corollary thereto, if the case is in the
exercise of the SB’s appellate
jurisdiction, the DOJ shall have
authority to conduct preliminary
investigation thereto. Thus:
SB Original: OMB
SB Appellate: DOJ
Effect of DOJ-DC No. 38, S. of 2012
It somehow amended the ruling in
Sanchez v. Demitriou
Q: Mayor X is being charged for the crime
of rape. The preliminary investigation was
conducted by the DOJ. The same was
originally filed with the SB.
He questions the validity of the DOJ’s
conduct of preliminary investigation, as
he claims that being a mayor it must be
conducted by the OMB. Is X correct?
Yes, as in the exercise of the SB’s
jurisdiction the preliminary
investigation must be conducted by
the OMB by virtue of the primary
jurisdiction agreed upon by the DOJ
and OMB
(NOTE: The facts are essentially the
same as Sanchez v. Demitriou,
except that at the time of the case, in
2009, the SC held that both the DOJ
and OMB have concurrent
jurisdiction over the conduct of PI.
However, by the MOA entered in
2012, an original case’s preliminary
investigation must be conducted by
the OMB.
Thus, if the case were to happen
today, the preliminary investigation by
the DOJ cannot prevail, as the latter
can only do so if the SB is exercising
its appellate jurisdiction)
PJA
Jurisdiction of the Court of Tax Appeals
Q: City of Manila (Manila) assessed taxes
against eight (8) business establishments
(Businesses) by virtue of the Revised
Revenue Code of Manila (RRCM).
Aggrieved, Businesses filed for a tax
refund with prohibition and preliminary
injunction in the RTC of Pasay, which the
latter granted.
In response, Manila filed in the CA a
petition for certiorari against the RTC
decision.
The CA dismissed the case, on the ground
that it has no jurisdiction to issue the
questioned writ, as it is a local tax case
thus must be filed in the CTA. Is the CA
correct?
Yes, RA 9282 raised the CTA to a
regular court.
As a regular court, it has authority to
issue writs in line with its appellate
jurisdiction over tax cases, which it
has expertise of.
To allow the CA to have jurisdiction
over issuance of writs involving tax
cases would result to split jurisdiction,
where it may happen that one court
would try the main case while the
other tries other questions.
Split jurisdiction, should be
disallowed, as it is anathema to the
proper administration of justice. (City
of Manila v. Judge Cuerdo)
Significance of RA 9282
It raised the CTA to a regular court
Q: Under RA 9282, no express grant has
been given to the CTA as to issuance of
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
writs. What was only expressly given was
the appellate jurisdiction. Is it then not
authorized to issue such?
No, as regular courts are deemed to
possess such power in order to fully
accomplish their appellate jurisdiction
Q: Does it follow, then, that quasi-judicial
courts although not given the express
grant may issue such writs?
No, as the rule would be different as
to quasi-judicial courts, as there must
be an express grant for them to
exercise such power.
The CTA is a regular court as elevated
by RA 9282.
As a consequence thereof, it may issue
writs as it is a regular court, despite no
express grant to that effect.
The rule does not apply to quasi-
judicial courts, as it needs express
grant to issue such.
Sharia’h Courts
Applicable law
The "Organic Law for the
Bangsamoro Autonomous Region in
Muslim Mindanao” (RA 11054) is the
latest law on Sharia’h courts
It effectively overturned “An Act to
Strengthen and Expand the Organic
Act for the Autonomous Region in
Muslim Mindanao, Amending for the
Purpose Republic Act No. 6734,
entitled "An Act providing for the
Autonomous Region in Muslim
Mindanao," as amended” (RA 9054)
Classification of Shari’ah Courts in
accordance with the Bangsamoro Law
PJA
The following are the classification of
Shari’ah Courts:
1. Shari’ah Circuit Court (SCC);
2. Shari’ah District Court (SDC); and
3. Shari’ah High Court/Supreme
Court (SHC/SSC)
(NOTE: Under RA 9054, SAC does
not appear. However, if inspected, in
its face, it would seem that the SHC is
merely a new name for the SAC, as
their jurisdiction are alike
Further, under the Bangsamoro Law,
“Shari’ah Supreme Court does not
appear, but rather a “Shari’ah High
Court
For purposes of this class, it may refer
to the same thing, as Atty. Brondial
always uses SSC rather than SHC, and
never actually made mention of SHC)
Restrictions as to exclusivity of cases
Sharia’h courts have exclusive
jurisdiction over cases if the following
requisites concur:
1. BOTH parties must be Muslims;
AND
2. Residents WITHIN the
Autonomous Region of Muslim
Mindanao (ARMM)
Q: What if the incident or cause of action
arose outside of ARMM?
Then the jurisdiction is no longer
exclusive, and is now concurrent with
the regular courts.
Q: What if any one of the parties are not
Muslims?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
As a general rule, it is not within the
exclusive jurisdiction of the Sharia’h
Courts.
However, as an exception, the non-
Muslim may voluntarily submit to the
jurisdiction of the Sharia’h Court
Jurisdiction of SCC
Art. X, Sec. 5; Jurisdiction of the Shari'ah
Circuit Courts;
The Shari'ah Circuit Courts in the
Bangsamoro Autonomous Region shall
exercise exclusive original jurisdiction over the
following cases where either or both parties
are Muslims: Provided, That the non-Muslim
party voluntarily submits to its jurisdiction:
(a) All cases involving offenses
defined and punishable under
Presidential Decree No. 1083, where
the act or omission has been
committed in the Bangsamoro
Autonomous Region;
(b) All civil actions and proceedings
between parties residing in the
Bangsamoro Autonomous Region
who are Muslims or have been
married in accordance with Article 13
of Presidential Decree No. 1083,
involving disputes relation to:
(1) Marriage;
(2) Divorce;
(3) Betrothal or breach of
contract to marry;
(4) Customary dower or mahr;
(5) Disposition and
distribution of property upon
divorce;
PJA
(6) Maintenance and support,
and consolatory gifts; and
(7) Restitution of marital
rights;
(c) All case involving disputes relative
to communal properties;
(d) All cases involving ta'zir offenses
defined and punishable under Shari'ah
law enacted by the Parliament
punishable by arresto menor or
corresponding fine, or both;
(e) All civil actions under Shari'ah law
enacted by the Parliament involving
real property in the Bangsamoro
Autonomous Region where assessed
value of the property does not exceed
Four hundred thousand pesos
(₱400,000.00); and
(f) All civil actions, if they have not
specified in an agreement which law
shall govern their relations, where the
demand or claim does not exceed
Two hundred thousand pesos
(₱200,000.00).
Jurisdiction of SDC
Art. X, Sec. 6. Jurisdiction of the Shari'ah
District Courts;
The Shari'ah District Courts in the
Bangsamoro Autonomous Region shall
exercise exclusive original jurisdiction over the
following cases where either or both are
Muslims: Provided, That the non-Muslim
partry voluntarily submits to its jurisdiction:
(a) All cases involving custody,
guardianship, legitimacy, and paternity
and filiation arising under Presidential
Decree No. 1083;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
(b) All cases involving disposition,
distribution, and settlement of the
estate of deceased Muslims, probate
of wills issuance of letters of
administrators or executors regardless
of the nature or the aggregate value of
the property;
(c) Petitions for the declaration of
absence and death, and for the
cancellation or correction of entries in
the Muslim Registries mentioned in
Title VI of Book Two of Presidential
Decree No. 1083;
(d) All actions arising from customary
and Shari'ah compliant contracts in
which the parties are Muslims, if they
failed to specify the law governing
their relations;
(e) All petitions for mandamus,
prohibition, injunction, certiorari,
habeas corpus, and all other auxiliary
writs and processes, in aid of its
appellate jurisdiction;
(f) Petition for the constitution of a
family home, change of name, and
commitment of an insane person to
an asylum;
(g) All other personal and real actions
not falling under the jurisdiction of
the Shari'ah Circuit Courts wherein
the parties involved are Muslims,
except those for forcible entry and
unlawful detainer, which shall fall
under the exclusive original
jurisdiction of the Municipal Trial
Court;
(h) All special civil actions for
interpleader or declaratory relief
wherein the parties are Muslims
residing in the Bangsamoro
Autonomous Region or the property
involved belongs exclusive ly to
PJA
Muslim and is located in the
Bangsamoro Autonomous Region;
(i) All civil actions under Shari'ah law
enacted by the Parliament involving
real property in the Bangsamoro
Autonomous Region where the
assessed value of the property exceeds
Four hundred thousand pesos
(₱400,000.00); and
(j) All civil actions, if they have not
specified in the agreement which law
shall govern their relations where the
demand or claim exceeds Two
hundred thousand pesos
(₱200,000.00).
The Shari'ah District Court in the
Bangsamoro Autonomous Region shall
exercise appellate jurisdiction over all cases
decided upon the Shari'ah Circuit Courts in
the Bagsamoro Autonomous Region within
its territorial jurisdiction as provided under
Article 144 of Presidential Decree No. 1083,
as amended.
Jurisdiction of the SHC/SSC
Art. X, Sec. 7. Shari'ah High Court;
There is hereby created within the
Bangsamoro territorial jurisdiction, as part of
the Philippine judicial system, a Shari'ah High
Court. It shall exercise exclusive original
jurisdiction over the following cases where
either or both parties are Muslims: Provided,
That the non-Muslim party voluntarily
submits to its jurisdiction:
(a) All petitions for mandamus,
prohibition, injunction, certiorari,
habeas corpus, and all other auxiliary
writs and processes, in aid of its
appellate jurisdiction; and
(b) All actions for annulment of
judgements of Shari'ah District Courts
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
within outside the Bangsamoro
Autonomous Region.
The decisions of the Shari'ah High Court shall
be final and executory except on questions of
law which may be raised before the Supreme
Court following the procedure for appeals
from the Court of Appeals to the Supreme
Court.
Nothing contained herein shall affect the
original and appellate jurisdiction of the
Supreme Court as provided in the
Constitution.
Pending the complete organization of the
Shari'ah High Court, the decisions of the
Shari'ah Courts shall be appealable to the
Court of Appeals.
Q: Where should the decision of the SCC
and SDC be appealed to?
It may be appealed to the SAC/SHC,
as the case may be.
However, for the time being, until an
SHC has been organized, appeals
must be taken to the CA
As of 2015, there is yet to be a SAC,
as such it was held that it may be
appealed to the CA, which shall then
create a Special Division, preferably of
Muslim CA Justices (Lomondot v.
Balindong)
Q: Where should decisions of the SHC be
appealed to?
It is appealable to the SC, just like
from the CA to the SC
Q: Considering, that RA 9054 created the
SAC, where should appeals from the order
of the SAC be taken to?
PJA
It is appealable to the SHC.
Q: Given that the SSC is designated as a
“Supreme Court’, is it correct to say that it
is not capable of review by the SC, as it is
a co-equal court?
No, it is incorrect, as the Constitution
provides that there should be ONE
Supreme Court.
Thus, it would be unconstitutional to
place the SSC in the same level as the
SC.
In effect, the SSC is subject to review
of the SC.
Quasi-judicial tribunals
43.01. Scope;
This Rule shall apply to appeals from
judgments or final orders of the Court of Tax
Appeals and from awards, judgments, final
orders or resolutions of or authorized by any
quasi-judicial agency in the exercise of its
quasi-judicial functions. Among these
agencies are the Civil Service Commission,
Central Board of Assessment Appeals,
Securities and Exchange Commission, Office
of the President, Land Registration Authority,
Social Security Commission, Civil Aeronautics
Board, Bureau of Patents, Trademarks and
Technology Transfer, National Electrification
Administration, Energy Regulatory Board,
National Telecommunications Commission,
Department of Agrarian Reform under
Republic Act No. 6657, Government Service
Insurance System, Employees Compensation
Commission, Agricultural Inventions Board,
Insurance Commission, Philippine Atomic
Energy Commission, Board of Investments,
Construction Industry Arbitration
Commission, and voluntary arbitrators
authorized by law.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
Under this provision, the following
are quasi-judicial tribunals:
1. Civil Service Commission (CSC);
2. Central Board of Assessment
Appeals (CBAA);
3. Securities and Exchange
Commission (SEC);
4. Office of the President;
5. Land Registration Authority
(LRA);
6. Social Security Commission (SSC);
7. Civil Aeronautics Board;
8. Bureau of Patents, Trademarks
and Technology Transfer;
9. National Electrification
Administration;
10. Energy Regulatory Board (ERB);
11. National Telecommunications
Commission (NTC);
12. Department of Agrarian Reform
(DAR);
13. Government Service Insurance
System (GSIS);
14. Employees Compensation
Commission (ECC);
15. Agricultural Inventions Board;
16. Insurance Commission;
17. Philippine Atomic Energy
Commission;
18. Board of Investments;
19. Construction Industry Arbitration
Commission (CIAC); and
20. Voluntary arbitrators authorized
by law
Q: Is the above enumeration exclusive?
No, as the executive and/or legislation
may add tribunals from time to time
as they see fit. (e.g. HLURB)
Q: In cases where an adverse decision is
obtained, where should a decision coming
from a quasi-judicial agency be elevated
to?
To the CA only, under Rule 43
PJA
Authority of administrative agencies as
quasi-judicial courts
“An administrative agency, acting in
its quasi- judicial capacity, is a tribunal
of limited jurisdiction which could
wield only such powers that are
specifically granted to it by the
enabling statutes.” (Unduran v.
Abestaruri)
Doctrine of primary jurisdiction
It is the doctrine which requires resort
first to the administrative agencies
(quasi-judicial agencies), as these
agencies are equipped with expertise
regarding technicalities in some
subject matter.
Doctrine of exhaustion of administrative
remedies
In relation to the above stated
doctrine, a party’s case may be
dismissed if it did not resort to the
administrative agency concerned
before going to the superior court/s.
The rationale for such is to allow the
administrative agency to resolve to
case which is its expertise, which the
court may not personally have
knowledge thereof.
Q: Is a “barangay” or the local
government unit a court?
No, as it is merely a part of the
administrative arm of the executive
branch of the government.
Q: A “Lupon Tagapamayapa” is vested
with the authority to settle the case
between parties at the barangay level.
Considering that it is vested with such
authority, is it a court?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
No, as likewise, it is merely an
administrative arm of the executive
branch
Q: Considering that all other courts not
mentioned under the enumeration of
regular courts shall be deemed as quasi-
judicial courts, is a “court martial”
(military court), considered as a regular
court?
It would depend:
1. In an administrative
disciplinary character;
a. to those cases which are
offenses under the Articles
of War that are service
connected and the Manual
for Court-Martial; or
2. As a regular court;
a. insofar as those NOT
provided under the
Articles of War and the
Manual for Court-Martial,
where the Revised Penal
Code is suppletory in
character (Ombudman v.
Mislang)
(NOTE: This is in contrast with the
ruling in the Trillanes case, where it
was held that a court martial is NOT a
regular court in toto)
Q: Court martial acquitted X for a
violation of the Articles of War
Subsequently, a case was filed in the
Ombudsman against X involving the
same set of facts, and for the same
violation.
Will the case against X proceed?
PJA
Yes, considering that a court martial is
acting as an administrative agency in
case for violation of the Articles of
War, res judicata will NOT attach
against the Ombudsman
(Ombudsman v. Mislang)
Q: Court martial acquitted Y for an
offense under the Revised Penal Code, as
it is not covered by the Articles of War.
Subsequently, a case was filed in the
Ombudsman against X involving the
same set of facts, and for the same
offense.
Will the case against X prosper?
No, considering that the Court-Martial
in resolving cases NOT covered by
the Articles of War and Manual for
Court-Martial is acting as a regular
court.
Thus, acting as a regular court, an
acquittal from the Court-Martial
amounts to a judgment of acquittal
unto which double jeopardy may
attach.
Q: X is a civil service servant working in
the military.
A case against him was filed in the court
martial.
Will the case prosper?
No, as in this case the proper forum
should be the regular courts, as X is
not technically considered as part of
the military.
(NOTE: A civil service servant,
despite being in the military, shall not
be considered as a military to the
extent that he/she can be subjected to
the jurisdiction of the Court Martial)
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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OTHER KINDS OF JURISDICTION
Other kinds of jurisdiction includes:
1. Delegated;
2. Special;
3. Limited;
4. Primary;
5. Residual;
6. Equity;
7. Epistolary;
8. Split;
9. Expanded/extended
Delegated jurisdiction
Sec.34; Delegated jurisdiction in cadastral
and land registration cases;
Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts
may be assigned by the Supreme Court to
hear and determine cadastral or land
registration cases covering lots where there is
no controversy or opposition, or contested
lots the where the value of which does not
exceed One hundred thousand pesos
(P100,000.00), such value to be ascertained by
the affidavit of the claimant or by agreement
of the respective claimants if there are more
than one, or from the corresponding tax
declaration of the real property. Their
decisions in these cases shall be appealable in
the same manner as decisions of the Regional
Trial Courts.
Thus the MeTCs/MTCs/MCTC/
MTCC has delegated jurisdiction to
hear and determine cadastral or
land registration cases, under the
following circumstances:
1. The SC has assigned such case to
any of them;
PJA
2. The value of the land does NOT
exceed Php100,000, as determined
by:
a. Claimant’s Affidavit; or
b. Claimants’ Agreement, if there
is more than one claimant; or
c. Corresponding tax
declarations on the real
property
3. The lots in question have no:
a. Controversy; or
b. Opposition
Q: In the exercise of the MTC’s delegated
jurisdiction, a party seeks for an appeal to
its decision.
Said party filed the appeal to the RTC, as
it is next court in line and has jurisdiction
over appeals coming from the MTC
decisions.
Will his appeal prosper?
No, the proper appellate court is the
CA in appeal of decisions rendered by
the MTC acting in its delegated
jurisdiction.
In the exercise of such, the MTC is
acting as an RTC.
(NOTE: This is the ONLY instance
in which an appeal may be taken from
the MTC to the CA)
Special jurisdiction
Sec.35; Special jurisdiction in certain
cases;
In the absence of all the Regional Trial Judges
in a province or city, any Metropolitan Trial
Judge, Municipal Trial Judge, Municipal
Circuit Trial Judge may hear and decide
petitions for a writ of habeas corpus or
applications for bail in criminal cases in the
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
province or city where the absent Regional
Trial Judges sit.
The MeTC/ MTC/ MCTC/ MTCC
Judges has special jurisdiction to hear
and decide on following petitions:
1. Issuance for a writ of habeas corpus;
and
2. Applications for bail
In the exercise thereof, the following
circumstances must concur:
1. ALL of the provincial or city
Regional Trial Judges are absent;
and
2. The MeTC/ MTC/ MCTC/
MTCC Judge is within the
jurisdiction of the absent RTC
Judge’s/s’ seat
(NOTE: It is not the absence of
RTCs considered, but rather the
absence of RTJs. It is untenable to
think that there are no RTJs, if in the
first place if there are no RTCs.)
Limited jurisdiction
“…a court of limited jurisdiction, or a
court acting under special powers, has
only the jurisdiction expressly
delegated. x x x
Limited or special jurisdiction is that
which is confined to particular causes
or which can be exercised only under
limitations and circumstances
prescribed by the statute. (Unduran
v. Abestaruri)
Examples
The following are examples of cases in
which courts exercise limited
jurisdiction:
PJA
1. Probate court in cases of
testate succession;
2. MTC in unlawful detainer and
forcible entry cases
Q: That the court probating the will has
limited jurisdiction, is it correct to say that
said court loses jurisdiction after the
probate?
No, it is a misnomer.
After the probate of the will, the same
court shall proceed with the ultimate
distribution of such.
It is only “limited” in that it cannot go
beyond the provisions of the will.
Limited jurisdiction in unlawful
detainer/forcible entry cases
It is limited to the extent that it is only
for determination of possession.
Thus, as a general rule, it cannot
resolve issues of ownership.
However, as an exception, it may
resolve the ownership issue to
DETERMINE POSSESSION, if
such issue is raised in the pleading.
Q: Assume that an ownership issue is
raised in the pleading, and the court
resolved such. Would such resolution
apply as res judicata?
No, as the MTC has the limited
jurisdiction to go over issues of
possession.
As such, its determination of
ownership is merely incidental to the
determination of possession and
CANNOT be a basis for res judicata in
future cases of ownership.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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Primary jurisdiction
“Primary jurisdiction is the power and
authority vested by the Constitution
or by statute upon an administrative
body to act upon a matter by virtue of
its specific competence.” (Unduran
Abestaruri)
“The doctrine of primary jurisdiction
tells us that courts cannot, and will
not, resolve a controversy involving a
question which is within the
jurisdiction of an administrative
tribunal, especially where the question
demands the exercise of sound
administrative discretion requiring the
special knowledge, experience and
services of the administrative tribunal
to determine technical and intricate
matters of fact.” (Paloma v. Mora)
Purpose
As they are experts in their field/s,
they are in a better position to resolve
the issues
Rationale
This is in line with the doctrine of
exhaustion of administrative
remedies
Jurisdiction of the National Commission
on Indigenous Peoples (NCIP)
Sec.66. Jurisdiction of the NCIP;
The NCIP, through its regional offices, shall
have jurisdiction over all claims and disputes
involving rights of ICCs/IPs: Provided,
however, that no such dispute shall be
brought to the NCIP unless the parties have
exhausted all remedies provided under their
customary laws. For this purpose, a
certification shall be issued by the Council of
PJA
Elder/Leaders who participated in the
attempt to settle the dispute that the same has
not been resolved, which certification shall be
a condition precedent to the filing of a
petition with the NCIP. (Indigenous
Peoples’ Rights Act of 1997 or RA 8371)
Thus, the NCIP has primary
jurisdiction over, and is limited to,
claims and disputes involving the
rights between and among Indigenous
Peoples (IPs) or (ICCs) belonging to
the same ICC/IP group. (Unduran v.
Abestaruri)
Q: If a claim or dispute involves the rights
between IPs or ICCs belong to different
ICC/IP groups, who has jurisdiction?
It would be the proper regular courts.
(Unduran v. Abestaruri)
Primary jurisdiction of the Department of
Agrarian Reform Adjudicatory Board
(DARAB)
Sec.50. Quasi-Judicial Powers of the DAR;
The DAR is hereby vested with primary
jurisdiction to determine and adjudicate
agrarian reform matters and shall have
exclusive original jurisdiction over all matters
involving the implementation of agrarian
reform, except those falling under the
exclusive jurisdiction of the Department of
Agriculture (DA) and the Department of
Environment and Natural Resources
(DENR). (Comprehensive Agrarian
Reform Law of 1988 or RA 6657)
In addition, Executive Order (E.O.)
No. 229 also vested the DAR with:
1. Quasi-judicial powers to
determine and adjudicate agrarian
reform matters; and
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
2. Jurisdiction over all matters
involving the implementation of
agrarian reform, except those
falling under the exclusive original
jurisdiction of the Department of
Agriculture and the Department
of Environment and Natural
Resources.
Agrarian reform matters
It refers to disputes relating to tenurial
arrangements (LBP v. Dalauta)
Jurisdiction of the Special Agrarian Courts
(SAC)
Sec.57. Special Jurisdiction;
The Special Agrarian Courts shall have
original and exclusive jurisdiction over all
petitions for the determination of just
compensation to landowners, and the
prosecution of all criminal offenses under this
Act. The Rules of Court shall apply to all
proceedings before the Special Agrarian
Courts, unless modified by this Act.
The Special Agrarian Courts shall decide all
appropriate cases under their special
jurisdiction within thirty (30) days from
submission of the case for decision. (RA
6657)
Thus, the SAC is an RTC designated
to have exclusive and original
jurisdiction over ALL:
1. Petitions for the determination
of just compensation to
landowners; and
2. Prosecution of all criminal
offenses under RA 6657
Q: Assume that after an issue regarding
just compensation was passed upon by
the DARAB, is the SAC taking cognizance
PJA
of an expropriation case bound to abide
by said judgment as res judicata?
No, as expropriation does not come
within the ambit of “tenurial
arrangements”.
Just compensation in the
DARAB refers to that from
the private land owner, to the
agrarian reform beneficiary.
On the other hand, in
expropriation, it refers to the
payment of compensation for
acquisition of land by the
government from the private
land owner.
The latter, refers to the State’s power
of eminent domain, which has been
held as a judicial function. It cannot
be properly given to administrative
agencies.
In line with such, res judicata would not
attach, considering that the DARAB
has no primary jurisdiction over such
case in the first place. (LBP v.
Dalauta)
(NOTE: This ruling overthrown the
ruling in Limkaichong v. LBP in
2016, which ruled that the SAC must
respect the decision of the DARAB
regarding just compensation.
As it stands now, just compensation is
NOT within the primary jurisdiction
of the DARAB, and even if passed
upon, will not amount to res judicata, as
expropriation being an exercise of
eminent domain is a judicial function
vested upon the jurisdiction of the
SAC)
Residual jurisdiction
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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“The “residual jurisdiction” of the trial
court is available at a stage in which
the court is normally deemed to have
lost jurisdiction over the case or the
subject matter involved in the appeal.”
In sum, it is the jurisdiction that
remains even after it lost its
jurisdiction.
Purpose
The purpose is as follows:
1. Issuance of orders which DO
NOT involve matters litigated by
appeal, that are protective and
preservative of the rights of the
parties;
2. Approve compromises;
3. Permit appeals by indigent
litigants;
4. Order execution pending appeal
(Rule 39.02); and
5. Allow the withdrawal of the
appeal
Requisites
The requisites are as follows:
1. Trial on the merits;
2. Court rendered judgment; and
3. Aggrieved party appealed
Q: By virtue of a loan agreement, X filed
for the delivery of the 228 certificates of
title to him which were submitted to ABC
Corp. for safekeeping.
Subsequently, the 228 certificates of title
were seized and delivered to him by the
Sheriff.
Thereafter, ABC filed a motion to dismiss
on the ground of improper venue, which
the RTC granted.
PJA
However, no delivery of the titles were
made to ABC. This prompted ABC to file
a motion to call on X’s bond.
The RTC denied the motion on the
ground that it no longer has jurisdiction to
issue the same.
X filed a petition for certiorari and
mandamus in the CA, arguing that by
virtue of the RTC’s residual jurisdiction, it
may issue protective orders such as the
one he motioned.
Likewise, the petition on the matter was
dismissed by the CA. Is the CA correct in
dismissing the petition?
Yes, the CA is correct in dismissing
the petition.
In order for residual jurisdiction to
attach, a trial on the merits must have
been conducted.
A dismissal due to improper venue is
a dismissal without prejudice.
As a dismissal without prejudice, it is
not prohibited to refile the same.
Therefore, there is no trial on the
merits, as the court did not rule upon
it and may be subjected to refiling.
(DBP v. Carpio)
Perfection of appeal
41.09. Perfection of appeal; effect thereof;
A party's appeal by notice of appeal is deemed
perfected as to him upon the filing of the
notice of appeal in due time.
A party's appeal by record on appeal is
deemed perfected as to him with respect to
the subject matter thereof upon the approval
of the record on appeal filed in due time.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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In appeals by notice of appeal, the court loses
jurisdiction over the case upon the perfection
of the appeals filed in due time and the
expiration of the time to appeal of the other
parties.
In appeals by record on appeal, the court
loses jurisdiction only over the subject matter
thereof upon the approval of the records on
appeal filed in due time and the expiration of
the time to appeal of the other parties.
In either case, prior to the transmittal of the
original record or the record on appeal, the
court may issue orders for the protection and
preservation of the rights of the parties which
do not involve any matter litigated by the
appeal, approve compromises, permit appeals
of indigent litigants, order execution pending
appeal in accordance with Section 2 of Rule
39, and allow withdrawal of the appeal.
Q: When can residual jurisdiction be
exercised?
It can be exercised under the
following circumstances:
1. After appeal has already been
perfected AND the expiration of
the period to file an appeal, or
upon approval of the record on
appeal, as long as prior to the
transmittal of the:
a. Original record; or
b. Record on appeal; or
2. Before the CA gives due course to
the petition, in case of a petition
for review under Rule 42.
Q: When will the trial court lose its
residual jurisdiction?
Corollary thereto, the trial court shall
lose residual jurisdiction upon:
PJA
1. Notice of appeal:
a. Perfection of appeal;
b. The original record has been
transmitted; and
c. Expiration of the period to
appeal which is fifteen (15)
days from notice of judgment;
2. Record on appeal:
a. Upon approval of the records
of appeal;
b. The records on appeal has
already been transmitted; and
c. Expiration of the period to
appeal, which is thirty (30)
days from notice of judgment
Q: A filed a case against X, Y, and Z. The
trial court rendered judgment in favor of
A.
A copy of the judgment was received by X,
Y, and Z, on the 5th, 10th, and 15th of
January, respectively.
When will the trial court lose jurisdiction?
The trial court shall lose jurisdiction
within fifteen (15) days from the
notice of judgment.
If counted from the 15th day
of January as the last notice
upon a defendant, the last day
to appeal would be on the 30th
day, and the court loses its
jurisdiction specifically on the
31st day of January.
Thus, filing of an appeal would not
suffice as to the loss of jurisdiction, as
the expiration of the period is still
needed.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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Q: Assume, that on the 8th day of January,
X appealed. When is appeal perfected as
to X, Y, and Z?
As to X, the appeal is perfected on the
8th of January.
However, as to Y and Z, appeal was
not perfected, as they did not file a
notice of appeal.
Q: If Y is to appeal, on what day is the last
day to do so?
On the 25th day of January
Q: If Z is to appeal, on what day is the last
day to do so?
On the 30th day of January
Q: Assume that X, Y, and Z properly filed
their appeals, and no original records were
transmitted yet, when will residual
jurisdiction of the trial court commence?
On the 31st of January, considering
that it is the first day after the
expiration of the period to appeal.
Q: Assume that the original records were
transmitted on the 5th day of February,
when will the trial court lose residual
jurisdiction?
It is lost on the same day, specifically
on the 5th day of February, as during
this time the original records were
already transmitted
Equity jurisdiction
It is the jurisdiction of the courts
based on fairness and justice
Q: When is equity jurisdiction applicable?
PJA
It is only applicable in cases where
there is NO law applicable to given
situation
Thus, if there is a law, equity cannot
control over the provisions of the
positive law.
In this regard, equity is applicable only
in cases where there is a “vacuum” or
a “hiatus” in the law to satisfy fair play
or justice.
Purpose
The purpose is to:
1. Prevent unjust enrichment; and
2. Ensure restitution (Regulus
Development Corporation v.
Dela Cruz)
Q: In an ejectment case, the MTC ruled in
favor of the lessor XYZ. Upon appeal by
lessee, A, the RTC denied the appeal. All
the while, A consigned the payments
allegedly refused by XYZ to receive.
As such, a petition for certiorari was filed
by A to the CA. The CA reversed the
decision and dismissed the ejectment
case.
That the ejectment case has been
dismissed, and at this time has not
received what is rightfully owned by him,
XYZ filed a motion to withdraw the
consigned funds with the RTC, which the
latter granted.
A contested the granting by the RTC,
which however was denied.
Upon receipt of XYZ, it determined that
the consigned funds are insufficient to
cover the dues, and as such prayed that
the RTC allow the levy of A’s properties,
to which, again, was granted.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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Thus, an auction commenced to which
XYZ was the highest bidder.
Aggrieved, again, A contested the
granting of the levy in the CA. Whilst the
case is pending, A redeemed the property
subject of the levy.
Surprisingly, the CA reversed the decision
and held that the MTC should have
jurisdiction considering it is the court
where it was originally filed. Is the CA
correct?
No, as the RTC has properly exercised
its equity jurisdiction.
To note, the case in the MTC has long
been dismissed, and hence it cannot
be said to have jurisdiction over it.
Further, the questioned order of levy
is exercised by the RTC, and as such
the execution is likewise within it.
As in this case, if the withdrawal of
funds and the subsequent levy were
not allowed, unjust enrichment would
result (Regulus Development
Corporation v. Dela Cruz)
Q: How would you change the facts of the
to turn it into residual jurisdiction?
If after the filing of the appeal of the
RTC and prior to the transmittal of
the records, the MTC may exercise
residual jurisdiction.
Epistolary jurisdiction
The term is a misnomer, as there is
NO such jurisdiction.
The term “epistolary” is a Biblical
term, which means “letters”. As
“letters” it merely refers to messages,
PJA
and NOT an authority to determine
and hear a case.
As applied in the United States and
England, it refers to the authority of
strangers, as 3rd persons, to initiate the
prosecution of a case despite not
having any interest in the case.
Q: A, B, and C, filed a case in behalf of
marine animals. In the caption of the case,
it was stated as “Resident Marine
Mammals as represented by A, B, and C,
jointly referred to as the Stewards v.
XYZ”.
They are filing the case against XYZ for
the latter’s acts of exploration and
utilization of the internal waters of the
Philippines. According to the Stewards,
they are causing damage to the Resident
Marine Mammals as there are reported
cases of oil spills.
Thus, the Stewards are requesting that the
Resident Marine Mammals be recognized
as real parties in interest, without which
no final determination can be had of the
case. Can the Stewards’ contention be
allowed?
No, our jurisdiction is not ready to
accept such position.
Inanimate objects, nor other living
things, while allowed in other
jurisdictions to file a case for
themselves, Philippine courts are not
ready to give them personality, as the
Rules of Courts defines only natural
and juridical persons, or entities
authorized by law as possible parties
to a case.
Nevertheless, our Environmental laws
recognize the fact that the citizens
may file a case in behalf of the future
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
generations, but NOT for the
environment itself.
However, again, the environment
itself cannot have a standing in court.
(Resident Marine Mammals v.
Reyes)
(NOTE: In this case, epistolary
jurisdiction was applied as the
lowering of the benchmark for locus
standi)
Rationale for disallowing locus standi for
Resident Marine Mammals
3.01. Who May Be Parties; Plaintiff and
Defendant;
Only natural or juridical persons, or entities
authorized by law may be parties in a civil
action. The term "plaintiff" may refer to the
claiming party, the counter-claimant, the
cross-claimant, or the third (fourth, etc.) —
party plaintiff. The term "defendant" may
refer to the original defending party, the
defendant in a counterclaim, the cross-
defendant, or the third (fourth, etc.) — party
defendant.
Under this provision, only the
following can be parties:
1. Natural persons;
2. Juridical persons; or
3. Entities authorized by law
Resident Marine Mammals are not
among the above enumeration
3.02. Parties in Interest;
A real party in interest is the party who stands
to be benefited or injured by the judgment in
the suit, or the party entitled to the avails of
the suit. Unless otherwise authorized by law
or these Rules, every action must be
prosecuted or defended in the name of the
real party in interest.
PJA
Under this provision, a party is a real
party in interest if the party:
1. Stands to be benefitted or injured
by the judgment; or
2. Is entitled to the avails of the suit
In line with such, the SC held that it is
not possible to know the Resident
Marine Mammals’ feeling, and hence
cannot know if indeed they felt
damaged or not.
Split jurisdiction
“It would be somewhat incongruent
with the pronounced judicial
abhorrence to split jurisdiction to
conclude that the intention of the law
is to divide the authority over a local
tax case filed with the RTC by giving
to the CA or this Court jurisdiction to
issue a writ of certiorari against
interlocutory orders of the RTC but
giving to the CTA the jurisdiction
over the appeal from the decision of
the trial court in the same case.
It is more in consonance with logic
and legal soundness to conclude that
the grant of appellate jurisdiction to
the CTA over tax cases filed in and
decided by the RTC carries with it the
power to issue a writ of certiorari
when necessary in aid of such
appellate jurisdiction.
The supervisory power or jurisdiction
of the CTA to issue a writ of certiorari
in aid of its appellate jurisdiction
should coexist with, and be a
complement to, its appellate
jurisdiction to review, by appeal, the
final orders and decisions of the RTC,
in order to have complete supervision
over the acts of the latter.” (City of
Manila v. Judge Cuerdo)
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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Rationale for disallowing split jurisdiction Under its expanded jurisdiction,

It is an anathema to procedure to
otherwise allow a different court to
have authority to issue writs, while it is
trying the main case.
As an appellate court having
supervision over the case, it should
have all powers necessary to review
the case without need of resorting to
another court which has no actual
technical expertise over such.
courts can now delve into acts of any
branch or instrumentality of the
Government traditionally considered
as political if such act was tainted with
grave abuse of discretion.” (Lagman
v. Pimentel III)
(NOTE: Thus, under the expanded
jurisdiction, political questions may be
brought to the SC if the question of
abuse of discretion is raised.)

Expanded jurisdiction

Art.VIII, Sec.1. The judicial power shall be

vested in one Supreme Court and in such
lower courts as may be established by law.

Judicial power includes the duty of the courts

of justice to settle actual controversies
involving rights which are legally demandable
and enforceable, and to determine whether or
not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of
the Government.

“Section 1, Article VIII of the

Constitution pertains to the Court's
judicial power to settle actual
controversies involving rights which
are legally demandable and
enforceable, and to determine whether
or not there has been grave abuse of
discretion amounting to lack or excess
of jurisdiction on the part of any
branch or instrumentality of the
Government.

The first part is to be known as the

traditional concept of judicial power
while the latter part, an innovation of
the 1987 Constitution, became known
as the court's expanded jurisdiction.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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RULE 1; GENERAL PROVISIONS
When rules not applicable
01.04. In What Cases Not Applicable;
These Rules shall not apply to election cases,
land registration, cadastral, naturalization and
insolvency proceedings, and other cases not
herein provided for, except by analogy or in a
suppletory character and whenever practicable
and convenient.
Q: Is the above enumeration exclusive?
No, as other cases may include the
following:
1. Labor cases;
2. Agrarian cases;
3. Other administrative agencies
Q: Does that mean then, that the ROC
would not apply at all to these cases?
No, as the ROC may apply
suppletorily
CASES GOVERNED
01.03. Cases Governed;
These Rules shall govern the procedure to be
observed in actions, civil or criminal, and
special proceedings.
a) A civil action is one by which a party
sues another for the enforcement or
protection of a right, or the
prevention or redress of a wrong.
A civil action may either be ordinary
or special. Both are governed by the
rules for ordinary civil actions, subject
to the specific rules prescribed for a
special civil action.
b) A criminal action is one by which the
State prosecutes a person for an act
or omission punishable by law.
PJA
c) A special proceeding is a remedy by
which a party seeks to establish a
status, a right, or a particular fact.
Kinds of civil actions and rules governing
such
1. Ordinary, governed by Rules 1-56;
2. Special, governed by Rules 62-71
Q: What governs special civil actions?
The special law governing them, and
in the insufficiency thereof, the regular
rules of procedure shall apply
Q: In case of conflict between the ROC
and the special law concerning the special
civil action, which shall prevail?
The special law shall prevail
Q: Are all special civil actions filed via a
petition?
No, as there are others which are filed
via a complaint such as Forcible Entry
and Unlawful Detainer Cases
COMMENCEMENT
01.05. Commencement of Action;
A civil action is commenced by the filing of
the original complaint in court. If an
additional defendant is impleaded in a later
pleading, the action is commenced with
regard to him on the date of the filing of such
later pleading, irrespective of whether the
motion for its admission, if necessary, is
denied by the court.
Q: Is it enough that the person files a
complaint in order the court to acquire
jurisdiction?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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No, as aside from such filing, it must
be accompanied by the payment of
docket fees.
When payment of docket fees proper
In order for docket fees be deemed as
proper, the following must be
observed:
a) Correct amount is paid; and
b) Paid on time
Q: XYZ Insurance Corp. filed a case
against A, for failure of the latter to remit a
sum of money pertaining to the insurance
contracts.
A filed his Answer with Counterclaim, for
recovery of unpaid bonuses, commission,
etc.
To the counterclaim, XYZ failed to
answer in time.
XYZ interposed that the court did not
acquire jurisdiction over A’s counterclaim,
as the latter failed to pay docket fees. Is
XYZ correct?
Yes, XYZ is correct.
The nature of A’s counterclaim is
permissive, considering that A’s relief
does not necessarily arise from the
same occurrence or transaction as
“remittance” and “bonuses,
commission, etc” are different
obligations, nor will the same evidence
support or refute the same.
As a permissive counterclaim,
payment of docket fees is required
before the court may acquire
jurisdiction over such case.
Thus, that no payment was made,
XYZ is justified in not filing an
PJA
answer, considering that the court
never acquired jurisdiction over the
permissive counterclaim. (Alday v.
FGU Insurance)
(NOTE: The ruling in Alday was
promulgated on 23 January 2001.
However, in Korea Technologies
Co., Ltd v. Lerma, dated 7 January
2008, it ruled that irrespective of the
kind of counterclaim, docket fees are
required.
As there is an outcry from numerous
practitioners, in Mercado v. CA dated
17 October 2008, it overturned the
ruling in Korea Tech, and thus returned
to doctrine in Alday.)
Compulsory v. permissive counterclaims
“In general, a counterclaim is any
claim which a defending party may
have against an opposing party.
A compulsory counterclaim is
one which, being cognizable
by the regular courts of justice,
arises out of or is connected
with the transaction or
occurrence constituting the
subject matter of the opposing
party’s claim and does not
require for its adjudication the
presence of third parties of
whom the court cannot
acquire jurisdiction.
A compulsory
counterclaim is barred
if not set up in the
same action.
On the other hand, a
counterclaim is permissive if it
does not arise out of or is not
necessarily connected with the
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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subject matter of the opposing
party’s claim.
It is essentially an
independent claim that
may be filed separately
in another case.” (Sy-
Vargas v. Ogsos)
PJA
Thus, payment of docket fees is
required in the following instances:
a) Filing of original complaint;
b) Permissive counterclaim; and
c) Appeal (SLU v. Cobarrubias
and Gipa v. SLI)

COMPULSORY PERMISSIVE When payment of docket fees NOT

Effect if not FATAL, NOT FATAL, required
set up considering that if as it is tried in
not set up, shall another action
be barred forever In the following instances, payment of
docket fees is not required:
Payment of NOT NEEDED, NEEDED, as it
filing fees as it is currently is a different a) Damages or claims (Proton
suspended action, then it is Pilipinas Corporation v. BNP):
necessary to pay
in order for the a. Arising after the filing of the
court to acquire initiatory pleading;
jurisdiction b. Awarded despite no prayer of
such;
Necessity of NOT NECESSARY, b) Indigent litigant
an answer NECESSARY, as as it is a
the allegations in different action c) Failure of the adverse party to
the counterclaim timely object to the issue of non-
are automatically payment;
deemed d) Civil aspect instituted with the
controverted, criminal action where no
specifically by the
allegations in the specification of the damages has
complaint been provided;
e) Petition for a writ of amparo; and
Availability in AVAILABLE NOT f) Indigent petition for a writ of
in a Summary AVAILABLE habeas data
Procedure

Necessity of NOT NECESSARY Q: Does it mean that in the above

Certification NECESSARY situations, no such docket fees are
Against charged to the party?
Forum
Shopping
No, as in the first four cases, the
docket fees shall be a lien on the
“Transaction or occurrence” judgment award.
It refers to the facts out of which a In the 5th and 6th cases, petitioners
cause of action may arise. therein are exempted for payment of
docket fees.
Specifically, it is the facts unto which
the original complaint is anchored Q: Is the rule on payment of docket fees
strictly adhered to?
When payment of docket fees required
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No, as in a case where the Clerk
committed an error in the
computation of docket fees, it may
order the payment of additional
docket fees instead of dismissing the
same. (Ruby Shelter Builders v.
Formaran)
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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RULE 2; CAUSE OF ACTION by which a party suit or to
violates the right institute an
of another action
CAUSE OF ACTION
Q: Where no cause of action exists, can
02.02. Cause of Action, Defined;
there be a right of action?
A cause of action is the act or omission by
which a party violates a right of another.
No. Instead, right of action can only
exist if there is a cause of action
Q: Where does cause of action lie?
Q: Is the right of action restricted to the
It lies upon the defendant, as he is the plaintiff only?
one who committed the act or
omission No, as it refers to a “party”, hence,
even the defendant.
Elements of Cause of Action
SPLITTING A SINGLE CAUSE OF
The following are its elements: ACTION
1. Legal right of the plaintiff;
02.03. One Suit For A Single Cause of
2. Legal duty of the defendant to
Action;
respect such rights; and
A party may not institute more than one suit
3. Act or omission of defendant in a
for a single cause of action.
violation of such right; and
4. Resulting injury or damage to
plaintiff Rationale for disallowing splitting a single
cause of action
Q: In what pleading should the cause of
action be put into? It is anathema to procedure, as it
results in forum shopping where two
(2) complaint are filed for a single
06.03. Complaint;
cause of action.
The complaint is the pleading alleging the
plaintiff’s or claiming party's cause or causes
Thus, the rule is one (1) act or
of action. The names and residences of the
omission can only give rise to one (1)
plaintiff and defendant must be stated in the
complaint
complaint.
Q: B borrowed money from A in January,
Q: Is Cause of Action synonymous with April, and December.
Right of Action?
A filed three (3) complaints against B.
No
B argued that A splitted a single cause of
Cause of Action (CoA) v. Right of Action action, considering that the transactions
(RoA) are entered into by the same parties, A
and B. Is B correct?
CoA RoA
NATURE Substantive Procedural
No, B is incorrect.
DEFINITION Act or omission Right to file a
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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A can properly file three (3)
complaints against B, as each pertains
to a different transaction.
(NOTE: Splitting should not refer to
the parties themselves, but rather the
cause of action)
Q: A and B entered into a lease contract
over a parcel of land for one (1) year, after
one (1) year B should return the parcel of
land.
For B’s failure, A files a case for recovery
of the parcel of land and another for
recovery of unpaid rentals. Is A justified in
doing so?
No, as in this case A splits a single
cause of action as it pertains to only
one (1) transaction
JOINDER OF CAUSES OF ACTION
02.05. Joinder of Causes of Action;
A party may in one pleading assert, in the
alternative or otherwise, as many causes of
action as he may have against an opposing
party, subject to the following conditions:
a) The party joining the causes of action
shall comply with the rules on joinder
of parties;
b) The joinder shall not include special
civil actions or actions governed by
special rules;
c) Where the causes of action are
between the same parties but pertain
to different venues or jurisdictions,
the joinder may be allowed in the
Regional Trial Court provided one of
the causes of action falls within the
jurisdiction of said court and the
venue lies therein; and
PJA
d) Where the claims in all the causes of
action are principally for recovery of
money, the aggregate amount claimed
shall be the test of jurisdiction.
Q: B, a resident of Tagaytay, borrowed
money from A, a resident of QC, in
January, April, and December, in the
amount of Php250k, Php500k, and Php1m,
respectively.
A said regarding the December loan that:
“I will only lend you Php1m if you
secure it with a Real Estate
Mortgage.”
As such, B executed a REM over his land
in Tagaytay in favor of A for the Php1m.
How many cases can A file against B in
case of failure to pay?
A can file three (3) cases at most:
a) Small claims as to the Php250k;
b) Collection of sum of money as to
the Php500k; and
c) Foreclosure of the REM as to the
Php1m
Q: Can A join ALL of the above causes of
action?
No, as small claims is governed by
special rules.
Likewise, foreclosure is governed by
special rules, specifically Rule 68
Q: Can A join the collection of sum of
money and the foreclosure of REM?
Yes, as in a foreclosure case,
foreclosure is merely optional, and the
plaintiff may opt to just collect a sum
of money as an alternative option.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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In such a case, it is to be designated as
a collection of sum of money.
Take note however, recourse to such
is a bar to the remedy of foreclosure
Q: Where should A file the small claims
case?
In the MTC of QC or Tagaytay, in his
discretion
Q: Where should A file if he is to join the
collection cases?
He should file the same with the RTC
either of Tagaytay or QC, at his
discretion, as this is a personal action
Q: If A opts to pursue the foreclosure,
where should he file the case?
He must file it with the RTC of
Tagaytay, as it is where the land is
located, pursuant to the rule on venue
of real actions
Q: If A files a case for a collection of sum
of money and foreclosure in the RTC of
QC, can B file a motion to dismiss on the
ground of misjoinder of actions?
No, as Sec. 6 provides of Rule 2
provides:
“Misjoinder of Causes of
Action;
Misjoinder of causes of action
is not a ground for dismissal
of an action. A misjoined
cause of action may, on
motion of a party or on the
initiative of the court, be
severed and proceeded with
separately.”
Thus, misjoinder is NOT a ground for
a motion to dismiss.
PJA
Q: What then is B’s proper remedy?
B can file a motion for severance
Q: Assume, that upon the RTC’s granting
of a motion for severance, A failed to
comply the same. What is B’s remedy?
B may file a motion to dismiss due to
the fault of the plaintiff, for failure to
comply with the order of the court, in
line with Rule 17, Sec. 3.
Nevertheless, the RTC itself may motu
proprio order its dismissal
Q: A owns a land in Tagaytay, which was
leased by B.
Assuming that B failed to pay, A wanted
to file a complaint for recovery of property
and collection of the rentals.
Can A join such causes, considering that
one is a personal action while the other is
a real action?
Yes, A can join such causes, as there is
no prohibition on joining personal
and real actions
Q: Where should A file the case?
RTC QC or Tagaytay, at his discretion
Recovery of property v. Foreclosure
Recovery of property is merely
governed by rules ordinary civil
actions.
On the other hand, foreclosure is
governed by special rules, specifically
under Rule 68.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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RULE 3; PARTIES TO CIVIL ACTIONS
Kinds of parties
The following are the kinds of parties:
1. Fundamental parties:
a. Indispensable party; and
i. Real party in
interest;
b. Necessary party;
2. Other parties:
a. Nominal; and
b. Representative parties;
3. Parties according to certain
circumstances:
a. Unwilling co-plaintiff; and
b. Indigent party (Pauper
litigant);
FUNDAMENTAL PARTIES
Rationale for parties’ being fundamental
3.06. Permissive Joinder of Parties;
All persons in whom or against whom any
right to relief in respect to or arising out of
the same transaction or series of transactions
is alleged to exist, whether jointly, severally, or
in the alternative, may, except as otherwise
provided in these Rules, join as plaintiffs or be
joined as defendants in one complaint, where
any question of law or fact common to all
such plaintiffs or to all such defendants may
arise in the action; but the court may make
such orders as may be just to prevent any
plaintiff or defendant from being embarrassed
or put to expense in connection with any
proceedings in which he may have no interest.
3.07. Compulsory Joinder of Indispensable
Parties;
Parties in interest without whom no final
determination can be had of an action shall be
joined either as plaintiffs or defendants.
PJA
Under the above stated provisions,
joinder of parties is necessary in order
to afford the parties a FINAL and
COMPLETE relief.
Indispensable party
Under Sec. 7 of Rule 3, it was stated in
this wise:
“Parties in interest without
whom no final determination
can be had of an action…”
Parties-in-interest (real party in interest)
3.02. Parties in Interest;
A real party in interest is the party who stands
to be benefited or injured by the judgment in
the suit, or the party entitled to the avails of
the suit. Unless otherwise authorized by law
or these Rules, every action must be
prosecuted or defended in the name of the
real party in interest.
Necessary parties
3.08. Necessary Party;
A necessary party is one who is not
indispensable but who ought to be joined as a
party if complete relief is to be accorded as to
those already parties, or for a complete
determination or settlement of the claim
subject of the action.
Real party in interest v. necessary party
To distinguish one from the other, the
words FINAL and COMPLETE
must be kept in mind:
1. A party is indispensable, if no
FINAL determination can be had
of an action if he is not joined;
2. On the other hand, a party is
merely necessary, if his joinder is
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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for a COMPLETE relief to be
accorded to those already parties
Q: Is a co-owner an indispensable or a
necessary party?
It would depend
Q: W and X authorized A to be real estate
broker of a parcel of land co-owned by the
former, along with Y and Z. In exchange,
commissions and bonuses shall be
solidarily paid by the four (4) co-owners.
After the sale of land was consummated, A
filed a case against W and X for the
recovery of deficiency commission on the
brokership.
W and X argued that as there is a failure to
implead Y and Z, the other co-owners, A’s
case must fail. Is W and X correct?
No, the suit against W and X is
sufficient.
In case of a solidary obligation, the
whole liability may be enforced any
one of the solidary debtors, thus to
one, to some, or against all.
There is no necessity of joining Y and
Z, considering that the same may be
enforced against W and X.
In turn, W and X, may demand for
the payment of the respective share in
the obligation against Y and Z. (De
Castro v. CA)
(NOTE: Thus, in this case, it has
been held that the mere fact of co-
ownership does not automatically
render each co-owner as an
indispensable party.
PJA
Neither are they necessary parties,
considering that complete relief may
be accorded to A)
Q: Assume the same facts, except the
obligation of W, X, Y, and Z, are joint, will
W and X’ contention prevail?
Still no, as in this case, only the
liabilities of W and X are in question,
considering that each co-owner is
proportionately liable to their share.
(NOTE: In this situation, still, Y and
Z are not indispensable parties.
However, Y and Z are necessary
parties considering that in order for A
to have the whole relief sought, they
must be impleaded.
Summary of rules relative to co-owner’s
being indispensable or necessary
NECESSARY? INDISPENSABLE?
Joint Yes No
Solidary No No
Q: X1, an impostor of X, successfully
executed a mortgage over the land of X for
a loan secured by X1 from ABC Bank.
X, upon knowing, sought the nullification
of the mortgage against ABC.
ABC moved to dismiss on the ground that
there is failure to implead an
indispensable party, X1. Is ABC’s
contention correct?
No, considering that the case can
proceed despite X1’s absence, as the
real owner of the mortgaged land.
Furthermore, non-joinder and
misjoinder of parties is not a ground
for dismissal. (China Banking Corp.
v. Oliver)
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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(NOTE: In sum, the indispensability
of a party would depend on the nature
of the action.
Considering that this is an action for
nullity of the mortgage, the owner
thereof is a sufficient indispensable
party)
Applicability of China Banking Corp. v.
Oliver as to indispensability of parties in
an action for nullity of mortgage
Thus, the indispensable parties to an
action for nullity of mortgage are as
follows:
GR: Mortgagor and
mortgagee
ER: The real owner of the
mortgaged property,
which was fraudulently
mortgaged, and the
mortgagee.
Q: Assume, that instead of an action for
nullity of mortgage, X filed a case for
damages against ABC, and the latter
moved to implead X1 as an indispensable
party, is the contention correct?
Yes, ABC’s contention is correct.
In such a case, it is imperative to
include X1, considering that he was
the one who committed the damaging
act
Q: Considering, that misjoinder and non-
joinder of parties are NOT grounds for
the dismissal of the case, would it then
never result in the dismissal of the case?
No, as upon the initial finding by the
court of such non-joinder or
misjoinder, it shall be the duty of the
PJA
court the order the joinder or
dropping of the party to the case.
Thereafter, if there is a failure on the
part of the party against whom the
order is directed to comply, the court
may dismiss the complaint
Q: Is the employer an indispensable
party?
As a general rule, it is required, as it
is being enforced against him.
However, as exceptions, the
employer may not be an indispensable
party in the following cases:
1. Independent contracting;
2. Job-contracting in cases where
what is being sought is other than
wages
Q: Why is there no need to implead the
employer of an independent contractor as
an indispensable party?
As it has no employer in the first place
Q: ABC Corporation, a service contractor,
provided its employees to the principal
DEF Corporation.
The employees were told by DEF
Corporation to refrain from going to the
promises everyday, and will just be called
in case there is a need for them.
As such, they filed case a case for
constructive dismissal, and prayed for the
payment of backwages, service incentive
leaves, 13th month pay, and other benefits
against ABC and DEF.
Eventually, the LA and subsequently the
NLRC ruled that the employer of the
employees is ABC.
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Upon appeal by the employees to the CA,
impleading only DEF, the decision was
reversed, to the extent that it held that the
employer of the employees is DEF, and
not ABC, as the latter is merely acting as
an agent of DEF, holding that it engaged
in labor-only contracting.
DEF claims that the CA failed to acquire
jurisdiction over an indispensable party,
ABC, and thus no final decision can be
had. Is DEF correct?
Yes, DEF is correct.
In case of labor-only contracting, the
principal and the contractor are jointly
and severally liable for liabilities.
Thus, a decision rendered, as in this
case, which held such liability, would
undoubtedly affect ABC. (Lotte Phil.
Co., Inc. v. Dela Cruz)
Q: Assume, that in the above case, the CA
upheld the ruling that indeed, the
employer was ABC and is a legitimate job
contracting, would ABC be an
indispensable party? Or even DEF?
Yes, considering that they are
solidarily liable.
However, such liability is limited to
the payment of wages.
All of the other reliefs shall be
indispensably against ABC, as
contractor, only
Q: Assume further, what was sought was
all of such except the payment of wages, is
DEF an indispensable party?
No, as it is limited to the payment of
the wages.
PJA
As such, the liability as to what is
being sought, aside from wages, shall
be upon the employer, specifically the
contractor ABC.
Q: X filed an action for reconveyance of
lot against ABC Corporation, in the RTC.
X died pending the case, as such his wife,
now widower, Y, was substituted.
Eventually, the RTC granted X’s case.
However, a certain Z claims that he has
been assigned all the rights of X, and as
such must be the one who was
substituted.
The RTC merely noted Z’s motion for
substitution, but never made an action to
it.
Aggrieved, Z filed a petition for Certiorari
in the CA, impleading only the RTC, but
not Y. Subsequently, the CA granted the
petition. Is the CA Order valid?
No, it is invalid for failure to implead
an indispensable party, Y.
Any proceeding that had transpired in
the CA would adversely affect Y’s
interest, in that instead of her, another
person, specifically Z, would be
entitled thereto. (Vda. De Santiago
v. Vilar)
Q: Who are indispensable parties in a case
for settlement of estate?
The compulsory heirs (Divinagracia
v. Parilla)
Q: If a compulsory heir is not included in
the settlement of the estate, what would
be the remedy of the compulsory heir left
out?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
It would be Declaratory Relief under
Rule 63, Section 1 of which states:
“Who may file petition; Any
person interested under a
deed, will, contract or other
written instrument … may,
before breach or violation
thereof, bring an action in the
appropriate Regional Trial
Court to determine any
question of construction or
validity arising, and for a
declaration of his rights or
duties, thereunder. x x x”
Q: What if there is an unknown
compulsory heir, will the court err in
continuing the settlement?
No, as it may continue despite his
absence, considering that at the time
of settlement, his presence is yet to be
known.
Of course, this is without prejudice, to
the unknown compulsory heirs right
to refile the same.
Q: Taxpayer filed a case for cancellation
of a loan entered by the Municipality with
the Land Bank of the Philippines.
They allege that there is an illegality
caused by the excessive amount of the
loan, considering the project to be funded.
He filed the case against LBP, the Mayor
and other officers of the Municipality. Did
the taxpayer successfully implead all
indispensable parties?
No, as the Municipality itself must
have been impleaded considering that
it involves disbursement of public
funds (Land Bank of the
Philippines v. Cacayuran)
PJA
Q: X, wife of Y, filed a petition for
appointment as sole administratrix of the
conjugal partnership.
Impleaded are Y, and Z, mistress of Y. Is
Y an indispensable or necessary party in
this case?
No, as X’s remedies are against Y, by
virtue of the Family Code concerning
the property relations between
husband and wife.
In fine, Z has nothing to do with the
property relations of X and Y, to the
extent that the causes of action of X
are against and can be resolved only
with the presence of Y as a
defendant.(Relucio v. Lopez)
Q: Assume that instead, a case for
recovery of conjugal partnership was filed
by X, would your answer be the same?
No, as now, Z shall be an
indispensable party, as it no longer
pertains to the administration of the
conjugal property, but rather of
returning what pertains to the
conjugal property by virtue of Z’s acts.
Indispensability of transferees of interest
3.19. Transfer of Interest;
In case of any transfer of interest, the action
may be continued by or against the original
party, unless the court upon motion directs
the person to whom the interest is transferred
to be substituted in the action or joined with
the original party.
Thus, the rule is as follows:
GR: Merely necessary;
ER: Indispensable if
ordered by the court
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Q: Are all indispensable parties with real
interest in the case?
As a general rule, yes, as an
indispensable party is one who is to be
benefitted or injured by the judgment
in the suit.
However, as an exception, a nominal
party is an indispensable party despite
having no real interest in the suit.
Thus the rule is as follows:
GR: ALL indispensable
parties must have real
interest
ER: Nominal parties, as
they are indispensable
despite having no real
interest
PJA
As it is in the interest of the State
Q: Is it only the OSG who may appear in
behalf of the State?
No, as in a petition for declaration of
nullity of marriage designates Fiscals
in order to avoid collusion or
suppression of evidence
OTHER PARTIES
Nominal parties
They are parties whom no final
determination of the case can be had
without their presence, but are not
parties in interest.
In sum, they are parties without whom
the case cannot be continued.

Q: When is the OSG an indispensable However, these parties are exceptional

party?
Nominal v. indispensable parties
3.22. Notice to the Solicitor General;
In any action involving the validity of any NOMINAL INDISPENSABLE
treaty, law, ordinance, executive order, Is their Yes Yes
presence
presidential decree, rules or regulations, the required for
court, in its discretion, may require the final
appearance of the Solicitor General who may determination
be heard in person or through a representative of the case?
duly designated by him.
Are they No Yes
directly
Thus, the court MAY order the benefitted or
appearance of the OSG, in cases injured by the
questioning the validity of a: judgment in
the suit?
a) Treaty;
b) Law; Examples of nominal parties
c) Ordinance;
d) Executive order; The following are examples of
e) Presidential decree; or nominal parties:
f) Rules or regulations
1. Petition for Certiorari; the
Q: Why is the OSG indispensable in the tribunal, board, or officer;
above cases?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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2. Petition for Mandamus or
Prohibition; the corporation or
the person
(NOTE: In the above examples,
while the said parties do not have a
real interest in the subject suit, they
are however required by the rules to
be impleaded.
In such a case, the real party in
interest would be the petitioner and
the private respondent)
Q: In a Certiorari case, impleaded are
public respondent Judge X, and private
respondent Z. Is X bound to file
comments and/or memorandum thereto?
No, as he is merely a nominal party,
and only impleaded as such as the
rules so requires
Representative parties
3.03. Representatives as Parties;
Where the action is allowed to be prosecuted
or defended by a representative or someone
acting in a fiduciary capacity, the beneficiary
shall be included in the title of the case and
shall be deemed to be the real party in
interest. A representative may be a trustee of
an express trust, a guardian, an executor or
administrator, or a party authorized by law or
these Rules. An agent acting in his own name
and for the benefit of an undisclosed principal
may sue or be sued without joining the
principal except when the contract involves
things belonging to the principal.
Thus, a representative is NOT a real
party in interest, as he merely
represents the actual real party in
interest
Examples of representative parties
PJA
The following are examples:
1. Trustee;
2. Guardian;
3. Executor/ Administrator; or
4. Party authorized by law
Q: Is it sufficient that in the pleading one
states that he is representing someone?
No, as they must be indicated in the
pleading, as the person you are
representing, and that you are merely
representing
Q: Is the above rule absolute?
No, as an agent is not bound to
disclose the principal’s name in cases
of transactions not in the name of the
latter
Rule as to agent’s representation of
undisclosed principal
GR: Allowed, if acted under the his
own name, for the benefit of
the undisclosed principal
ER: NOT allowed, if the thing
involved belongs to the
principal
Rationale for allowing representation by
the agent
Art. 1883. If an agent acts in his own name,
the principal has no right of action against the
persons with whom the agent has contracted;
neither have such persons against the
principal.
In such case the agent is the one directly
bound in favor of the person with whom he
has contracted, as if the transaction were his
own, except when the contract involves things
belonging to the principal.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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The provisions of this article shall be
understood to be without prejudice to the
actions between the principal and agent.
(New Civil Code)
In this case, while it is true that the
agent is acting in behalf of the
principal, the latter is generally not
needed to be disclosed, considering
that the transaction occurred between
the agent and the third party alone.
Take note however, that in cases
where what was involved are the
things belonging to the principal, he
should be disclosed.
Minors or incompetent persons
3.05. Minor or Incompetent Persons;
A minor or a person alleged to be
incompetent, may sue or be sued, with the
assistance of his father, mother, guardian, or if
he has none, a guardian ad litem.
Thus, a minor or incompetent person,
in order to sue or be sued, must be
represented by any of the following:
1. Father;
2. Mother;
3. Guardian; or
4. Guardian ad litem, in the absence
of all of the above
Q: Is incompetent under this provision
restricted to physical impairment?
No, as it relates to those who cannot
decide for themselves such as:
1. Insane;
2. Imbecile;
3. Those penalized with civil
interdiction, as such person loses
capacity
PJA
Q: Would the apparentness of the
incompetency suffice for the court to
appreciate such?
No, as the court determines, the
circumstances must be placed in the
pleading.
In practice, there would be a Judicial
Declaration to that effect.
Incompetent Executors v. Guardians
An incompetent executor includes
those:
1. Minors;
2. Non-resident of the Philippines;
and
3. Those in the opinion of the court
are unfit to execute the duties of
the trust by reason of:
a. Drunkenness;
b. Improvidence;
c. Want of understanding or
integrity; or
4. Convicted of an offense involving
moral turpitude
While an incompetent guardian
includes those:
1. Penalized with civil interdiction;
2. Hospitalized lepers;
3. Prodigals;
4. Deaf and dumb who are unable to
read and write,
5. Of unsound mind, even though
they have lucid intervals; and
6. Persons NOT being of unsound
mind, who cannot, without
outside aid, take care of
themselves and manage their
property, becoming thereby an
easy prey for deceit and
exploitation by reason of:
a. Age;
b. Disease;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
c. Weak mind; and
d. Other similar causes.
(NOTE: Thus, the definition of
incompetents may differ depending
on the case involved)
PARTIES ACCORDING TO CERTAIN
CIRCUMSTANCES
Unwilling co-plaintiff
3.10. Unwilling Co-plaintiff;
If the consent of any party who should be
joined as plaintiff cannot be obtained, he may
be made a defendant and the reason therefor
shall be stated in the complaint.
It is a party who is supposed to be a
plaintiff to the case whose consent
cannot be obtained.
This provision provides
affirmative relief against such party
Q: What is the remedy of the plaintiff
against an unwilling co-plaintiff?
PJA
him. The amount of the docket and other
lawful fees which the indigent was exempted
from paying shall be a lien on any judgment
rendered in the case favorable to the indigent,
unless the court otherwise provides.
Any adverse party may contest the grant of
such authority at any time before judgment is
rendered by the trial court. If the court should
determine after hearing that the party declared
as an indigent is in fact a person with
sufficient income or property, the proper
docket and other lawful fees shall be assessed
and collected by the clerk of court. If payment
is not made within the time fixed by the court,
execution shall issue or the payment thereof,
without prejudice to such other sanctions as
the court may impose.
141.19. Indigent litigants exempt from
payment of legal fees;
Indigent litigants
the
a) whose gross income and that of their
immediate family do not exceed an
amount double the monthly minimum
wage of an employee; and

He may be made a defendant, and
must state the reasons in the
complaint
Indigent/pauper litigant
3.21. Indigent Party;
A party may be authorized to litigate his
action, claim or defense as an indigent if the
court, upon an ex parte application and
hearing, is satisfied that the party is one who
has no money or property sufficient and
available for food, shelter and basic necessities
for himself and his family.
Such authority shall include an exemption
from payment of docket and other lawful
fees, and of transcripts of stenographic notes
which the court may order to be furnished
b) who do not own real property with A
FAIR MARKET VALUE AS
STATED IN THE CURRENT TAX
DECLARATION of more than
THREE hundred thousand
(P300,000.00) pesos
shall be exempt from the payment of legal
fees.
The legal fees shall be a lien on any judgment
rendered in the case favorable to the indigent
litigant unless the court otherwise provides.
To be entitled to the exemption herein
provided, the litigant shall execute an affidavit
that he and his immediate family do not earn a
gross income abovementioned, nor they own
any real property with the fair value
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
aforementioned, supported by an affidavit of
a disinterested person attesting to the truth of
the litigant’s affidavit. The current tax
declaration, if any, shall be attached to the
litigant’s affidavit.
Any falsity in the affidavit of litigant or
disinterested person shall be sufficient cause
to dismiss the complaint or action or to strike
out the pleading of that party, without
prejudice to whatever criminal liability may
have been incurred.
Q: Who is a pauper litigant?
In line with the above stated
provisions, a litigant is indigent or a
pauper if the court determines that:
a) That he has no money or property
sufficient for himself and his
family for:
a. Food;
b. Shelter; and
c. Basic necessities
b) Gross income of litigant and
family:
a. Does not exceed double
the monthly minimum
wage of an employee (x2
monthly minimum)
c) Real property:
a. Does not own any real
property of more than
three hundred thousand
pesos (Php300,000);
b. Such value shall be
dependent on the FMV as
stated in the CURRENT
Tax Declaration.
Q: Is it sufficient that the above matters
appear in the pleading to be considered as
an indigent?
No, as there must be a/an:
PJA
a) Ex parte application; attaching:
a. Affidavit stating the above
facts, executed by the:
i. Litigant; and
ii. Disinterested
person; and
b. Current tax declarations
b) Hearing
Effect of allowing to litigate as an indigent
The said litigant shall be exempt from
the payment of the following:
a) Docket and other lawful fees; and
b) Transcripts of stenographic notes
which the court may order to be
furnished him
Q: Is it true then that no such amount will
be received by the court by virtue of the
exemption?
No, as a general rule, the amounts of
such shall be a lien to the judgment
favourable to him.
However, as an exception, the court
may order otherwise, thus may order
that there may be no lien at all.
Remedy of adverse party against the
determination of indigency
He may contest such grant, as long as
made before judgment
Q: Y, an indigent defendant as
determined by the court, secured a
favourable judgment.
After the judgment, X contested the
indigent status of Y, and claims that Y is
not an indigent litigant as he has 99
parcels of land under his name. Should
X’s contest be upheld?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
No, as the contest is no longer
available considering that there already
is a judgment
Effect if court determines that the party is
NOT an indigent
It will result in the following:
a) The clerk of court shall assess and
collect proper docket and other
lawful fees;
b) In case of failure to pay within the
time allowed, execution shall issue
for payment thereof
PJA
Thus, only the following may be
parties:
a) Persons:
a. Natural; or
b. Juridical
b) Entities authorized by law (e.g.
estate, as a continuation of the
personality of the decedent party)
Q: A, B, and C, entered into a business
collectively known as ABAKADA.
ABAKADA entered into a contract with X,
for the building of their office.

Effect of falsity in litigant’s and/or However, after constructions were made,

disinterested person’s affidavit no payment was received by X.

It shall have the following effects: X discovered, that ABANKKBSANPLAQ

was not registered in any government
a) Sufficient cause to dismiss the: agency. Can X sue
a. Complaint; or ABANKKBSANPLAQ?
b. Action;
b) Sufficient cause to strike out Yes, considering the following
pleading of such party; provisions:
c) In the event of ordering any of the
above, it is without prejudice, to 3.15. Entity Without
any criminal liability incurred (e.g. Juridical Personality as
falsification of public documents) Defendant;
When two or more persons
OTHER CONCEPTS not organized as an entity with
juridical personality enter into
Who may be parties a transaction, they may be
sued under the name by which
3.01. Who May Be Parties; Plaintiff and they are generally or
Defendant; commonly known.
Only natural or juridical persons, or entities
authorized by law may be parties in a civil In the answer of such
action. The term "plaintiff" may refer to the defendant, the names and
claiming party, the counter-claimant, the addresses of the persons
cross-claimant, or the third (fourth, etc.) — composing said entity must all
party plaintiff. The term "defendant" may be revealed.
refer to the original defending party, the
defendant in a counterclaim, the cross- 14.07. Service upon Entity
defendant, or the third (fourth, etc.) — party without Juridical
defendant. Personality;
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Atty. Henedino Brondial
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.
Thus, the Rules contemplate a
situation wherein a group of people
tries to avoid liability by raising the
defense that such entity is non-
existent for failure to register.
However, despite non-registration, the
Rules treat the entity authorized by
law which can be sued in its name,
and service of summons to any one of
those constituting the entity shall be
sufficient.
Husband and wife
3.04. Spouses as Parties;
Husband and wife shall sue or be sued jointly,
except as provided by law.
Thus, the rule is as follows:
GR: Jointly files or sued
ER: Separate, in cases
provided for by law
Examples of cases where general rule
does not apply
It includes:
PJA
a) Case between the spouses;
b) Case involving the exclusive
property of one spouse
Q: Husband, H, filed a case for judicial
separation of property against his Wife, W.
Can W invoke that spouses must be sued
jointly, and as such include H as
defendant?
No, (duh), it is a case against each
other and hence the general rule
would obviously not apply
Death of a party
3.16. Death of Party; Duty of Counsel;
Whenever a party to a pending action dies,
and the claim is not thereby extinguished, it
shall be the duty of his counsel to inform the
court within thirty (30) days after such death
of the fact thereof, and to give the name and
address of his legal representative or
representatives. Failure of counsel to comply
with this duty shall be a ground for
disciplinary action.
The heirs of the deceased may be allowed to
be substituted for the deceased, without
requiring the appointment of an executor or
administrator and the court may appoint a
guardian ad litem for the minor heirs.
The court shall forthwith order said legal
representative or representatives to appear
and be substituted within a period of thirty
(30) days from notice.
If no legal representative is named by the
counsel for the deceased party, or if the one
so named shall fail to appear within the
specified period, the court may order the
opposing party, within a specified time, to
procure the appointment of an executor or
administrator for the estate of the deceased
and the latter shall immediately appear for and
on behalf of the deceased. The court charges
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Atty. Henedino Brondial
in procuring such appointment, if defrayed by
the opposing party, may be recovered as
costs.
Q: Who is the person referring to in this
provision as the one who died?
It refers to any party to the case,
including the plaintiff, defendant, or
even the intervenor.
Duty of counsel
If during the pendency of the case, the
party died, it shall be the counsel’s
duty to:
a) Inform the court within thirty (30)
days of such death; and
b) Give the names and addresses of
the legal representative/s
(NOTE: Such duty is for purposes of
possible substitution, if the nature of
the case would allow)
Q: Are legal representative’s strictly
referring to heirs?
No, as it can even be the counsel who
represented the party, or the executor
or administrator, as the case may be
Effect of counsel’s failure to comply
It shall be a ground for disciplinary
action against the counsel
Actions of the court after compliance
After the compliance, the court may
do the following:
a) Substitute the executor or
administrator, a appointed by the
probate court, to the case;
PJA
b) In the absence of the above, that
the heirs be substituted for the
decedent;
a. In case of minors, a
guardian ad litem be
appointed;
c) Order their appearance within
thirty (30) days from notice
Q: Is substitution always necessary?
No, as voluntary appearance may
nullify its necessity, considering that
the representative/s already submitted
to the jurisdiction of the court
Actions of the court if counsel named no
representative or despite identification,
failed to appear within thirty (30) days
The court shall order the opposing
party to procure the appointment,
within a specified period of time, of
an executor or administrator.
The said executor or administrator,
shall appear immediately after
appointment.
Q: Who should bear the costs for such
appointment?
The opposing parties, subject to
recovery as costs
Q: Is the application of substitution in
case of a dead party absolute?
No, as it does not apply in cases
where the action DOES not survive
the death of the party
Examples of actions that survive despite
the party’s death
The following cases continue despite
the party’s death:
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
a) Recovery of property from estate
(e.g. unlawful detainer);
b) Enforcement of lien on the
property (e.g. foreclosure of
mortgage); or
c) Recovery of damages for an injury
to person or property (e.g. civil
aspect of the crime, tortuous act)
(NOTE: Notice that for the first two
(2) items, what are involved are
proprietary rights.
In these cases, substitution is
necessary)
Examples of actions which DOES NOT
survive the death of a party
The following actions do not survive
the death of a party:
a) Death in a criminal action;
a. Notice that in this
situation, only the criminal
liability is extinguished but
NOT the crime, thus there
is civil liability which
serves as damages for the
crime;
b) Death in annulment of marriage
(NOTE: Normally, these are actions
which are strictly in personam)
Q: What should be the action of the court
if the action do not survive the death of a
party?
It should dismiss the case
Q: X agreed to sell his land to Sps. Y and
Z. As per their agreement, initial payment
was made and the remaining to be paid
on a certain date.
However, upon the arrival of the said date,
X asked that Y and Z keep the money for
PJA
the moment as he is tending to matters
concerning the land, and will just demand
the same after it.
Nevertheless, small payments were made
from time to time, when requested by X.
Subsequently, Y and Z came to know that
the conflict of X concerning the land has
ceased. Despite such, X refused to transfer
the same land to the former.
Y and Z filed a case against X, for specific
performance.
At the time the case was submitted for
decision, X died. This death however, was
not reported to the court.
Upon an adverse decision against X, A,
the counsel of X, appealed the case,
stating that for failure to substitute X with
his representatives, the proceedings were
null and void. Is A correct?
No, the trial court cannot be faulted
for the failure of the lawyer to report
the same.
That what is involved in the case is
proprietary rights, it is true that the
case could continue by the
substitution of the heirs.
However, at this moment that
judgment on the merits has been
reached, and the error raised is not the
fault of the court, it cannot now raise
such defense. (Carabeo v. Dingco)
(NOTE: Thus, the court can
nevertheless continue the case despite
the death of the party under the
following circumstances:
a) The lawyer failed to inform the
court of such death;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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b) The failure to do so is without the
court’s negligence; and
c) The case is of such nature that will
survive despite the death of the
party)
Q: What is the effect of death to the
lawyer-client relationship?
It terminates such relationship
Q: Why then is it allowed that the case
continue despite the death of the lawyer’s
client?
As if otherwise disallowed, it would be
detrimental to procedural due process,
considering that it will cause delay
because a new action would need to
be instituted.
In short, the court would be back to
square one.
However, this is an exceptional case,
as generally, the lawyer-client
relationship is terminated upon the
death of the client.
Q: Assume that the lawyer for the
deceased failed to inform the same, and
the adverse counsel has knowledge of
such death, is the latter duty bound to
inform the court?
Yes
Action on Contractual Money Claims
3.20. Action on Contractual Money
Claims;
When the action is for recovery of money
arising from contract, express or implied, and
the defendant dies before the entry of final
judgment in the court in which the action was
pending at the time of such death, it shall not
be dismissed but shall instead be allowed to
PJA
continue until the entry of final judgment. A
favorable judgment obtained by the plaintiff
therein shall be enforced in the manner
especially provided in these Rules for
prosecuting claims against the estate of a
deceased person.
This provision is premised on Rule 3,
Section 16
Q: A filed a case for collection of sum of
money against B, for Php500,000 arising
from a contract.
Pendente lite, B died, and was substituted
by the heirs.
Eventually, judgment was rendered in
favor of A.
By virtue of such judgment, he moved for
the execution of the judgment pursuant to
Rule 39, as it is within the five (5) year
period to do the same. Is his recourse
correct?
No, such claim must be satisfied
against the estate, pursuant to Rule 86
Q: Assume, that as the five (5) years has
passed, A moved for Revival of Judgment.
Is it now the correct remedy?
Still no, such claim must be satisfied
against the estate, pursuant to Rule 86
Claims against the estate
86.05. Claims which must be filed under
the notice. If not filed, barred; exceptions;
All claims for money against the decedent,
arising from contract, express or implied,
whether the same be due, not due, or
contingent, all claims for funeral expenses and
expenses for the last sickness of the decedent,
and judgment for money against the decedent,
must be filed within the time limited in the
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notice; otherwise they are barred forever,
except that they may be set forth as
counterclaims in any action that the executor
or administrator may bring against the
claimants. Where an executor or administrator
commences an action, or prosecutes an action
already commenced by the deceased in his
lifetime, the debtor may set forth by answer
the claims he has against the decedent, instead
of presenting them independently to the court
as herein provided, and mutual claims may be
set off against each other in such action; and
if final judgment is rendered in favor of the
defendant, the amount so determined shall be
considered the true balance against the estate,
as though the claim had been presented
directly before the court in the administration
proceedings. Claims not yet due, or
contingent, may be approved at their present
value.
Thus, claims that must be filed against
the estate are as follows:
a) Money claims
b) Funeral expenses
c) Expenses for last illness; and
d) Money judgment
Effect if not filed within time limit within
notice
It shall be barred forever
To whom filed against
87.01. Actions which may and which may
not be brought against executor or
administrator;
No action upon a claim for the recovery of
money or debt or interest thereon shall be
commenced against the executor or
administrator; but actions to recover real or
personal property, or an interest therein, from
the estate, or to enforce a lien thereon, and
actions to recover damages for an injury to
PJA
person or property, real or personal, may be
commenced against him.
In sum, the following rules shall be
followed:
a) Against the estate; if among
those enumerated under Rule
86.05;
b) Against the executor/
administrator; if outside of those
enumerated in Rule 86.05
Q: All said, where should the contractual
money claim on Sec. 20 be filed against?
It should be against the estate, as it is
among those that should be filed
against it, and if not, would be barred
forever.
Q: Is the claim under Sec. 20 subject to
the statute of limitations?
No, rather it is subject to the statute
of non-claims, which is the period
within which a creditor must file his
claim, and failure to do so shall bar
the recovery forever.
Statute of non-claims relative to Sec. 20
As it is a special proceeding, such
claim must be filed:
“…which shall not be more
than twelve (12) nor less than
six (6) months after the date of
the first publication of the
notice.” (Rule 86.02)
(NOTE: Considering such period to
file, the five (5) year period to move
for execution is therefore inconsistent.
Nevertheless, even if such
motion is filed within the
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period within the statute of
non-claims, it would not be
the proper remedy.
More so will the revival of judgment
be inconsistent, considering that it is
available only after five (5) years have
passed from the finality of judgment,
and thus way past the statute of non-
claims)
Q: Assume, that a money judgment was
indeed rendered in your favor, however no
settlement of estate was instituted by the
heirs. Are you left with the only recourse
of waiting?
No, as you can filed the case as a
preferred creditor, within the ambit
of those interested in the estate of the
deceased:
Devisees
Executor/administrator
Legatees
Testamentary/ compulsory
heirs
Any other person interested in
the estate
Q: During the trial of the case, preliminary
attachment was issued against the
property of defendant. Pendente lite,
defendant died. Is the attachment
removed?
No, death does not discharge the
attachment, it can only by discharged
by posting a counter-bond or a
motion
Q: What then is the remedy of the plaintiff
in the above case?
It is to run after the property under
custodia legis, and thereafter undertaking
a sale of attachment.
PJA
(NOTE: This is different from a sale
on execution)
Death or separation of a public officer
3.17. Death or Separation of A Party Who
is a Public Officer;
When a public officer is a party in an action in
his official capacity and during its pendency
dies, resigns, or otherwise ceases to hold
office, the action may be continued and
maintained by or against his successor if,
within thirty (30) days after the successor
takes office or such time as may be granted by
the court, it is satisfactorily shown to the
court by any party that there is a substantial
need for continuing or maintaining it and that
the successor adopts or continues or threatens
to adopt or continue the action of his
predecessor. Before a substitution is made,
the party or officer to be affected, unless
expressly assenting thereto, shall be given
reasonable notice of the application therefor
and accorded an opportunity to be heard.
When applicable
The provision applies when a public
officer during the pendency of the
case:
a) Dies;
b) Resigns; or
c) Ceases to hold office
Q: Who substitutes said public officer?
The successor to the office concerned
Conditions in order for the case to
continue
The following are the conditions for
the continuation of the case:
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a) It is satisfactorily shown that there
is a substantial need for continuing
or maintaining the case;
a. What is shown? That the
successor adopts or
continues or threatens to
adopt or continue the
action of his predecessor;
b) Period to prove such:
a. GR; within 30 days from
successor’s taking of
office;
b. ER; when the court
requires other periods to
comply
Alternative defendants
3.13. Alternative Defendants;
Where the plaintiff is uncertain against who of
several persons he is entitled to relief, he may
join any or all of them as defendants in the
alternative, although a right to relief against
one may be inconsistent with a right of relief
against the other.
Q: X, is engaged with the production of
high quality longganisa flavoured hotdogs
with bacon bits.
His product is so popular that buyers are
spread all over the country.
As such, his deliveries comes from Luzon
to Visayas, and from Visayas to
Mindanao, which is delivered by ABC and
DEF, respectively, where the former
brings all of the orders for Visayas and
Mindanao and distributes the Visayas
Orders. In turn, the latter receives the
products for Mindanao.
During one transaction, buyers from
Mindanao claimed that they did not
receive the same.
PJA
Not knowing who the culprit is, is X’s
remedy limited to the filing of two
separate complaints?
No, as he may implead defendants in
the alternative.
In this case, the plaintiff does not
know against whom he has a right to
recover.
As such, pleading alternative
defendants enables him to bring both
parties to determine which of them is
liable.
Class suit
3.12. Class Suit;
When the subject matter of the controversy is
one of common or general interest to many
persons so numerous that it is impracticable
to join all as parties, a number of them which
the court finds to be sufficiently numerous
and representative as to fully protect the
interests of all concerned may sue or defend
for the benefit of all. Any party in interest
shall have the right to intervene to protect his
individual interest.
Q: Is a party in a class suit a
representative party?
No, as in this case the party in a class
suit shares a common cause of action.
While a representative party on the
other hand, is not a real party in
interest.
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RULE 4; VENUE
General rule
04.04. When Rule not Applicable;
This Rule shall not apply:
a) In those cases where a specific rule or
law provides otherwise; or
b) Where the parties have validly agreed
in writing before the filing of the
action on the exclusive venue thereof.
Thus, the rule is as follows:
GR: Specific rule or law, or
agreement of the parties, shall
govern venue
ER: In the absence of such, the
provisions of Rule 4 shall
apply
(NOTE: In sum, if there is a
provision of the law requiring a
specific venue, that should be the
venue. In the absence of such, then
and only then will the Rules apply)
Q: When can parties agree upon a venue?
Q: Can parties agree upon where to file a
guardianship case?
No, as the Rule specifically provides
Kinds of stipulation as to venue
that it should be filed in the residence
of the ward.
Examples of specific rules on venue
a) Guardianship; ward’s residence;
b) Adoption; adopter’s residence;
c) Quo Warranto; respondent’s
residence;
a. ER: Manila, if filed by the
OSG
d) Deposition before action (Rule 24);
respondent’s residence;
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e) Civil actions for libel; RTC where:
a. The libelous article is printed
and first published; or
b. Offended parties’ residence at
the time of commission;
f) Petitions for declaration of nullity,
annulment of marriage, and legal
separation; FC where:
a. Petitioner or respondent
resides for the last six (6)
months prior to filing; or
b. In case of a non-resident
respondent, where he may be
found, at the election of the
petitioner;
g) Petition for rehabilitation under the
Financial Rehabilitation and
Insolvency Act of 2010 (FRIA);
RTC/Special Commercial Court
where;
a. The petitioner has his
principal office;
h) Small Claims Cases;
a. Where the plaintiff is engaged
in lending, banking, or similar
business, he must file the same
at the defendant’s residence
within which it has its branch
Only upon the absence of any specific
rule on venue
It may be any of the following:
1. Restrictive:
a. Suit may be filed only in
the place agreed upon; or
2. Permissive:
a. Parties may file their suit
not only in the place
agreed upon but also in
the places fixed by law.
(Planter’s Development
Bank v. Sps. Ramos)
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Q: Will it mean then that the word “shall”
automatically result in a restrictive venue?
No, as the following must be
observed:
1. The agreement must be in writing;
2. Such agreement was made prior to
the filing of the action; and
3. The venue must stipulate such for
purposes of convenience,
specifically that it is among those
venues allowed by the Court; and
4. That the exclusivity be couched in
such terms as to exclude any other
courts
Rationale for restrictions as to stipulations
in venue
“The settled rule on stipulations
regarding venue… is that while they
are considered valid and enforceable,
venue stipulations in a contract do
not, as a rule, supersede the general
rule set forth in Rule 4 of the Revised
Rules of Court in the absence of
qualifying or restrictive words.
They should be considered merely as
an agreement or additional forum, not
as limiting venue to the specified
place.
They are not exclusive but,
rather permissive.
If the intention of the parties were to
restrict venue, there must be
accompanying language clearly and
categorically expressing their purpose
and design that actions between them
be litigated only at the place named by
them.” (Pacific Consultants
International Asia, Inc. v.
Schonfeld)
PJA
Q: A, a resident of Manila, filed a case for
damages against B, a resident of QC.
Prior to the filing, A and B agreed that in
case of an action, the same “…shall be
filed in the RTC of Makati”. Where can A
file the case?
He may file in Manila, QC, or Makati,
at his election.
In this case, the words “shall” failed to
exclusively rule out any other venue,
considering that it is not couched in
such terms.
As such, Makati shall be treated as an
additional venue, considering that it is
a permissive agreement.
Q: A, a resident of Manila, filed a case for
damages against B, a resident of QC.
Prior to the filing, A and B agreed that in
case of an action, the same “…shall be
filed ONLY in the RTC of QC”. Where
can A file the case?
A can only file the case in QC.
The words use effectively ruled out
any other venue, specifically as to the
Manila venue, considering that it was
couched in such terms that it is indeed
exclusive.
Furthermore, the purpose for the
agreement is for convenience,
considering that it is among the
venues in which each of the parties
have residence therein
Q: A, a resident of Manila, filed a case for
damages against B, a resident of QC.
Prior to the filing, A and B agreed that in
case of an action, the same “…shall be
filed ONLY in the RTC of Baguio City”.
Where can A file the case?
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He may file the case in Manila, QC, or
Baguio City, at his election.
In this case, despite the terms being
couched in such terms of exclusivity,
Baguio City is not a convenient venue.
As such, an inconvenient venue will
never be restrictive, as it will always be
permissive.
Exception to the Rule
Venue of real actions
4.01. Venue of Real Actions;
Actions affecting title to or possession of real
property, or interest therein, shall be
commenced and tried in the proper court
which has jurisdiction over the area wherein
the real property involved, or a portion
thereof, is situated. Forcible entry and
detainer actions shall be commenced and tried
in the Municipal Trial Court of the
municipality or city wherein the real property
involved, or a portion thereof, is situated.
Thus, it is to be filed in the area
wherein the real property involved,
or a portion thereof, is situated
Real actions
Those involving real property:
1. Title to;
2. Possession of; or
3. Interest therein
Q: A filed a case against B, for unlawful
detainer of a parcel of land. Said land has
half of it located in Nueva Ecija, while the
other half is set on Pampanga. A filed the
case in the MTC of Nueva Ecija on 30
June 2000. As A is impatient, considering
the slow response of the MTC of Nueva
Ecija, he filed the same case in the MTC
PJA
of Pampanga on 15 July 2020. Can MTC
take cognizance of the case, considering
that both Nueva and Ecija are proper
venues?
No, only Nueva Ecija may take
cognizance of the case
In this case, apply by analogy the rule
on concurrent jurisdiction, in that the
first court who took cognizance of
such shall exercise jurisdiction over
the case, to the exclusion of others.
Thus, that the case was filed earlier in
Nueva Ecija, the MTC has jurisdiction
over it, to the exclusion of Pampanga.
Q: What is the residence of a corporation?
It is where the corporation has its
principal office
Q: Is the above venue always available?
No, as there is a specific rule in cases
of small claims where the corporation
is so engaged in:
1. Lending;
2. Banking; or
3. Similar business
In this situation, the case shall be filed
in the defendant’s residence wherein
the said corporation has a branch
therein
Q: By virtue of a loan agreement secured
by a mortgage, XYZ Corporation, with
principal office at Makati City,
successfully foreclosed the house and lot
of A, located in Tondo, Manila, which was
authorized by the RTC of Manila.
As there is a deficiency, XYZ filed an
action to recover deficiency in the RTC of
Makati.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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A opposed the same, considering that the Capability to CANNOT be Can be agreed
action is a real one, the same should be be agreed agreed upon, as it upon
upon is conferred by
filed where the subject lot is located. Is A law
correct?
Waivability As a general rule, Can be waived
No, A is incorrect. CANNOT be
waived
An action to recover deficiency filed As an exception,
after the extrajudicial foreclosure is of jurisdiction would
a personal nature. attach
nevertheless, in
As a personal action, it may be filed at case there is a
jurisdictional
the residence of the plaintiff or estoppel
defendant, at the former’s election.
(BPI v. Sps. Yujuico) Relationship Between the Between the
concerned parties and the parties
(NOTE: Under Rule 68, recovery of court themselves
deficiency may be filed via a motion,
however it would seem that it is
different from this case, considering
that what it filed is an action.)

4.02. Venue of Personal Actions;

All other actions may be commenced and
tried where the plaintiff or any of the principal
plaintiffs resides, or where the defendant or
any of the principal defendants resides, or in
the case of a non-resident defendant where he
may be found, at the election of the plaintiff.

Thus it may be filed in any of the

following, at the election of the
plaintiff:

1. Plaintiff or any of the plaintiffs

residence;
2. Defendant or any of the
defendant’s residence; or
3. In case of a non-resident
defendant, where he may be found

Jurisdiction v. Venue

JURISDICTION VENUE
Nature The authority Place where
itself, to hear, try, such authority
decide, and may be
execute cases exercised
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the plaintiff is solely for payment or
RULE 5: reimbursement of sum of money. The claim
UNIFORM PROCEDURE IN TRIAL or demand may be:
COURTS
a) For money owed under any of the
Rule following:

As a general rule, trial courts (MTC 1) Contract of Lease;

and RTC) have uniform procedures 2) Contract of Loan;
(regular procedure) 3) Contract of Services;
4) Contract of Sale; or
However, as an exception, the MTC 5) Contract of Mortgage;
has a different procedure observed in
the following:
b) For liquidated damages arising from
a) Small claims; and contracts;
b) Summary procedure
c) The enforcement of a barangay
(NOTE: For further discussion, refer amicable settlement or an arbitration
to the Jurisdiction of the MTC) award involving a money claim
covered by this Rule pursuant to Sec.
Small claims cases 417 of Republic Act 7160, otherwise
known as The Local Government Code of
When applicable 1991.

Sec. 2. Scope; In short, it shall apply when the action is

These Rules shall govern the procedure in for payment of money, the value of which
actions before the Metropolitan Trial Courts does NOT exceed Php300,000, or
(MeTCs), Municipal Trial Courts in Cities Php400,000, as the case may be, arising
(MTCCs), Municipal Trial Courts (MTCs) and out of:
Municipal Circuit Trial Courts (MCTCs) for
payment of money where the value of the 1) Money owed under a contract of:
claim does not exceed Two Hundred a. Lease;
Thousand Pesos (P200,000.00) exclusive of b. Loan;
interest and costs. c. Service;
d. Sale; or
e. Mortgage
Jurisdictional values has been raised to
2) Liquidated damages arising from
Php300,000, or Php400,000, for
contracts;
within and outside the NCR,
3) Enforcement of money claim from:
respectively
a. Barangay amicable settlement;
or
Sec. 5. Applicability; b. Arbitration award
The Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial Courts, Venue
and Municipal Circuit Trial Courts shall apply
this Rule in all actions that are purely civil in The rule is as follows:
nature where the claim or relief prayed for by
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GR: Rule 4 shall apply No, as a motion for reconsideration is
a prohibited pleading in small claims
ER: In case plaintiff is cases
engaged in banking,
lending, and similar Summary proceedings
activities, and has a
branch wherein Sec.1. Scope;
defendant resides, it This rule shall govern the summary procedure
shall be filed wherein in the Metropolitan Trial Courts, the
said branch is located Municipal Trial Courts in Cities, the Municipal
Trial Courts, and the Municipal Circuit Trial
Nature of decisions rendered in small Courts in the following cases falling within
claims cases their jurisdiction:

They are: A. Civil Cases:

a) Final; 1) All cases of forcible entry and

b) Executory; and unlawful detainer, irrespective of the
c) Unappealable amount of damages or unpaid rentals
sought to be recovered. Where
Q: After finding that the evidence attorney's fees are awarded, the same
presented by the plaintiff is not sufficient shall not exceed twenty thousand
to prove his small claims against the pesos (P20,000.00).
defendant, the MTCC held as such.
2) All other cases, except probate
Plaintiff filed a Petition for Certiorari proceedings, where the total amount
before the RTC, which held that the of the plaintiff's claim does not exceed
proper remedy should be appeal. one hundred thousand pesos
(P100,000.00) or two hundred
The CA likewise affirmed the RTC. Is the thousand pesos (P200,000.00) in
CA and RTC correct? Metropolitan Manila, exclusive of
interest and costs.
No, plaintiff properly invoked Petition
for Certiorari, considering that Barangay conciliation proceedings
decisions in Small Claims Cases are
immediately final, executory, and Rule
unappealable.
GR: ALL disputes must undergo
Thus, that it cannot be subject to barangay conciliation
appeal. Rule 65 on a Petition for proceedings
Certiorari is the proper remedy. (A.L.
Ang Network, Inc. v. Mondejar) ER: In cases where it is not needed
(See below)
Q: Considering that it is subject to Rule
65, is it required that a Motion for When applicable
Reconsideration is needed prior to the
filing of a petition for certiorari?
Sec.412. Conciliation;
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a) Pre-condition to Filing of Complaint
in Court;
No complaint, petition, action, or
proceeding involving any matter within
the authority of the lupon shall be filed or
instituted directly in court or any other
government office for adjudication, unless
there has been a confrontation between
the parties before the lupon chairman or
the pangkat, and that no conciliation or
settlement has been reached as certified by
the lupon secretary or pangkat secretary as
attested to by the lupon or pangkat
chairman or unless the settlement has
been repudiated by the parties thereto. x x
x 2. Where one party is a public officer or
As a short answer, all disputes, civil and
criminal in nature where parties actually
reside in the same city or municipality are
subjected to proceedings of amicable
settlement in the barangay
Cases which need not be brought to
barangay conciliation proceedings
Sec.412. Conciliation;
xxx
b) Where Parties May Go Directly to
Court; The parties may go directly to
court in the following instances:
1) Where the accused is under
detention;
2) Where a person has otherwise
been deprived of personal liberty
calling for habeas corpus
proceedings;
3) Where actions are coupled with
provisional remedies such as
preliminary injunction,
attachment, delivery of personal
property and support pendente
lite; and
PJA
4) Where the action may otherwise
be barred by the statute of
limitations. x x x
All disputes are subject to Barangay
conciliation pursuant to the Revised
Katarungang Pambarangay Law, and prior
recourse thereto is a pre-condition before
filing a complaint in court or any government
offices, except in the following disputes:
1. Where one party is the government,
or any subdivision or instrumentality
thereof;
employee, and the dispute relates to
the performance of his official
functions;
3. Where the dispute involves real
properties located in different cities
and municipalities, unless the parties
thereto agree to submit their
difference to amicable settlement by
an appropriate Lupon;
4. Any complaint by or against
corporations, partnership or juridical
entities, since only individuals shall be
parties to Barangay conciliation
proceedings either as complainants or
respondents;
5. Disputes involving parties who
actually reside in barangays of
different cities or municipalities,
except where such barangay units
adjoin each other and the parties
thereto agree to submit their
differences to amicable settlement by
an appropriate Lupon;
6. Offenses for which the law prescribes
a maximum penalty of imprisonment
exceeding one (1) year or a fine over
five thousand pesos (P5,000.00);
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7. Offenses where there is no private
offended party;
8. Disputes where urgent legal action is
necessary to prevent injustice from
being committed or further continued,
specifically the following:
a. Criminal cases where accused
is under police custody or
detention);
b. Petitions for habeas corpus by
a person illegally deprived of
his rightful custody over
another or a person illegally
deprived or on acting in his
behalf;
c. Actions coupled with
provisional remedies such as
preliminary injunction,
attachment, delivery of
personal property and support
during the pendency of the
action; and
d. Actions which may be barred
by the Statute of Limitations.
9. Any class of disputes which the
President may determine in the
interest of justice or upon the
recommendation of the Secretary of
Justice;
10. Where the dispute arises from the
Comprehensive Agrarian Reform
Law;
11. Labor disputes or controversies
arising from employer-employee
relations;
12. Actions to annul judgment upon a
compromise which may be filed
directly in court
PJA
Nature of barangay conciliation
proceedings
It is a condition sine qua non to the
filing of a case
Q: Is it a requirement by the Rules, or a
requirement of the laws?
It is a requirement of the laws,
specifically of the Local Government
Code
Q: Considering that it is not a requirement
of the Rules, and that there is a deletion of
Rule 16 on a motion to dismiss, does it
mean then that a motion to dismiss
cannot be had against the absence of
barangay conciliation proceedings?
No, as it is a requirement of law, such
requirement still stands.
Thus, if there is a failure to observe
such, it shall be a ground for the
dismissal of the case
Q: X and Y are residents of Mayon, QC,
and Sampaloc, Manila, respectively. In
case an action will arise, would there be a
need to undergo barangay conciliation
proceedings?
No, as they are resident of different
cities.
While they are very near from each
other, the fact remains, that they are
from different cities.
Q: X and Y are residents of E. Rodriquez,
QC, and Sampaloc, Manila, respectively.
In case an action will arise, would there be
a need to undergo barangay conciliation
proceedings?
Yes, barangay conciliation is required.
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While it is true that they reside in
different cities, the facts pertain to
adjacent areas.

Thus, the rule is as follows:

GR: No barangay
conciliation is needed
if parties are of
different cities

ER: Barangay conciliation is

needed if, despite the
parties’ being of
different cities, they
are adjacent from each
other
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INTRODUCTION TO THE 2020 merely presents
AMENDMENTS TO THE RULES OF voluminous pieces of
CIVIL PROCEDURE evidence, thus it is an
exception to an
Discussion actionable document

The amendment of the Rules has in Q: A contracted loans with B covered by

mind the expedition of proceedings.
Rule 6 is the beginning point to which
amendments.
Aside from the Rules of Civil
Procedure, the Rules of Evidence has
likewise been amended, to adapt to
technological advancements and
incorporation of jurisprudence.
several receipts. If B is to file a case, and
attached a summary of the receipts,
should A file an answer to deny the
genuineness and due execution of the
receipts?
No, there is no need to deny the
summaries under oath, considering
the receipts are not actionable
documents, only evidence of delivery.

The salient changes include the Furthermore, even assuming that the
following, among others: receipts are to be considered evidence
of the actionable document, it is not
1. Gender sensitivity; instead of subject to an answer to deny,
he/him alone, it has been changed considering that summaries are NOT
to he or she, or him or her; actionable documents, and is actually
2. Periods; changes in periods were an exception to an actionable
made in order for compliance to document.
be assured within the time
specified, and no motion for The actual actionable document here
extension is allowed except for the should be the contract of loan itself.
filing of the answer;
3. Contents of a pleading;
evidentiary facts are included in
the initiatory pleading;
4. Availability of reply and/or
rejoinder; it can only be made if
the answer or reply is based on an
actionable document;
a. Rejoinder is a new
pleading under Civil
Procedure, as it is only
available then to Criminal
Procedure, designated as a
rejoinder-affidavit
5. Summaries; a summary of pieces
of evidence which are voluminous
as it tends to prove the same fact;
a. Summaries are not
actionable documents, as it
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
RULE 6:
Kinds of Pleadings
Pleadings
6.01. Pleadings Defined;
Pleadings are the written statements of the
respective claims and defenses of the parties
submitted to the court for appropriate
judgment.
Thus, that it includes claims and
defences, pleadings are those filed by
the plaintiff or defendant, as the case
may be
Kinds of pleadings
6.02. Pleadings Allowed;
The claims of a party are asserted in a
complaint, counterclaim, cross-claim,
third (fourth, etc.)-party complaint, or
complaint-in- intervention.
The defenses of a party are alleged in the
answer to the pleading asserting a claim
against him or her.
An answer may be responded to by a reply
only if the defending party attaches an
actionable document to the answer.
6.03. Complaint;
The complaint is the pleading alleging the
plaintiff's or claiming party's cause or causes
of action. The names and residences of the
plaintiff and defendant must be stated in the
complaint.
6.04. Answer;
An answer is a pleading in which a defending
party sets forth his or her defenses.
6.06. Counterclaim;
PJA
A counterclaim is any claim which a
defending party may have against an opposing
party.
6.08. Cross-Claim;
A cross-claim is any claim by one party against
a co-party arising out of the transaction or
occurrence that is the subject matter either of
the original action or of a counterclaim
therein. Such cross- claim may cover all or
part of the original claim.
6.09. Counter-Counterclaims and Counter-
Cross- Claims;
A counterclaim may be asserted against an
original counter-claimant.
A cross-claim may also be filed against an
original cross- claimant.
6.10. Reply;
All new matters alleged in the answer are
deemed controverted. If the plaintiff wishes
to interpose any claims arising out of the new
matters so alleged, such claims shall be set
forth in an amended or supplemental
complaint. However, the plaintiff may file a
reply only if the defending party attaches an
actionable document to his or her answer.
A reply is a pleading, the office or function of
which is to deny, or allege facts in denial or
avoidance of new matters alleged in, or
relating to, said actionable document.
6.11. Third, (Fourth, etc.)-Party
Complaint;
A third (fourth, etc.)-party complaint is a
claim that a defending party may, with leave
of court, file against a person not a party to
the action, called the third (fourth, etc.)-party
defendant for contribution, indemnity,
subrogation or any other relief, in respect of
his or her opponent's claim.
The third (fourth, etc.)-party complaint shall
be denied admission, and the court shall
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
require the defendant to institute a separate b. Cross-claim
action, where:
Q: What pleadings may the party file?
a) the third (fourth, etc.)-party defendant
cannot be located within thirty (30) a) Plaintiff:
calendar days from the grant of such a. Complaint;
leave; b. Reply;
c. Rejoinder;
b) matters extraneous to the issue in the d. Counter-counterclaim, against:
principal case are raised; or i. Defendant; or
ii. 3rd (4th, etc.) party
c) the effect would be to introduce a new defendant
and separate controversy into the e. Answer to permissive
action. counterclaim
b) Defendant/ Co-defendant:
a. Against the plaintiff:
6.13. Answer to Third (Fourth, etc.)-Party
i. Answer;
Complaint;
ii. Reply;
A third (fourth, etc.)-party defendant may
iii. Rejoinder:
allege in his or her answer his or her defenses,
iv. Counterclaim
counterclaims or cross-claims, including such
b. Against co-defendant;
defences that the third (fourth, etc.)-party
i. Cross-claim;
plaintiff may have against the original
ii. Counter-cross-claim
plaintiff's claim. In proper cases, he or she
iii. Answer;
may also assert a counterclaim against the
iv. Reply;
original plaintiff in respect of the latter's claim
v. Rejoinder;
against the third- party plaintiff.
c. Against 3rd party:
i. 3rd party complaint
In sum, the following are the ii. Answer;
pleadings allowed under the Rules: iii. Reply;
iv. Counter-counterclaim;
a) Complaint; rd
c) 3 party defendant;
a. Original; and a. Answer to 3rd party complaint;
b. –in-intervention; b. Counterclaim against:
b) Counterclaim; i. 3rd party plaintiff; or
c) Cross-claim; ii. Original plaintiff;
d) 3rd (4th, etc.) party complaint; c. Rejoinder
e) Answer; d. 4th party complaint;
a. To Complaint;
e.
b. To Counterclaim; d) Intervenor;
c. To Cross-clain; a. Complaint-in-intervention;
d. To 3rd (4th, etc.) party b. Answer-in intervention
complaint;
e. –in-intervention
f) Reply;
g) Rejoinder;
h) Counter-:
a. Counterclaim;
 REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
as “Answer with Counterclaim”, it
REJOINDER
ANSWER TO PERMISSIVE pertains to two (2) different pleadings,
REJOINDER COUNTERCLAIM
ANSWER TO PERMISSIVE
COUNTER-COUNTERCLAIM as the former is a responsive pleading
COUNTERCLAIM
COUNTER-COUNTERCLAIM
REPLY to the complaint, while the latter is a
claim arising from the same
REJOINDER
CROSS-CLAIM
ANSWER TO
3RD PARTY
COMPLAINT
occurrence or transaction raised in the
COMPLAINT CROSS-CLAIM
REPLY
complaint.
ANSWER REJOINDER ANSWER TO 3RD
COUNTER- PARTY
REPLY CROSS-CLAIM COMPLAINT Q: A filed a case against B and C. If C
COUNTERCLAIM
REPLY
REJOINDER wants to implead D, what should he file?
COUNTERCLAIM
REPLY
4TH PARTY C should file a 3rd party complaint
COMPLAINT
ANSWER-IN- COMPLAINT-IN-
INTERVENTION INTERVENTION
CROSSCLAIM Q: In the above case, what are the
designations of C and D in relation to the
3rd party complaint?
(NOTE: For purpose of brevity, the
following abbreviations shall be used C is the 3rd party plaintiff, while D is
for the further use of diagrams the 3rd party defendant
referring to pleadings:
Q: If C, instead of wanting to implead D,
Complaint: C wants to implead D1, must he file 4th party
Answer: A complaint?
Counterclaim: CC
Compulsory CC: CCC No, as D1 remains a 3rd party
Permissive CC: PCC defendant considering that it is to be
Cross-claim XC filed by C
Counter:
Counterclaim: CoCC Q: If D, after being impleaded by C as a
Cross-claim: CoXC 3rd party defendant, wants D1 to be
3rd party complaint: 3PC impleaded in the case, what should he
4th party complaint: 4PC file?
In intervention:
Complaint: CII He shall file a 4th party complaint
Answer: CII
Reply RP Q: In the above case, what are the
Rejoinder RJ) designations of C, D, and D1, in relation
to the 3rd and 4th party complaint?
Q: Considering that to impose a
counterclaim, it must be filed with the C is the 3rd party plaintiff.
answer, is it correct to say that it is one
and the same pleading? D is the 3rd party defendant, and the
4th party plaintiff.
No, they are different from each
other. Finally, D1 is the 4th party defendant.

While it is true that they are failed at (NOTE: In sum, there can be no 4th
the same time, the pleading designated party complaint, if there is no 3rd party
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
complaint, considering that it is the 3rd
party defendant who files the 4th party
complaint)
Q: A filed a case against B and C. C filed a
3rd party complaint against D and D1.
Who can file crossclaims?
Either B or C can file a cross claim
against each other, and likewise, either
D or D1 can file a cross claim against
each other
Q: Can D, 3rd party complainant, file an
answer against A?
No, as the 3rd party complaint is
different from the original complaint
Q: To whom can D then file his answer?
To the 3rd party plaintiff
Q: Is it true then that he cannot raise any
defense against A?
No, as he may raise such defense of
the 3rd party plaintiff has against the
original plaintiff.
Take note however, that the answer
remains against the 3rd party plaintiff.
Q: Can D file a counterclaim against the
defendant?
Yes
Q: Can D file a counterclaim against the
original plaintiff?
As a general rule, no, it cannot be
ordinarily be allowed, considering that
the original party is not an opposing
party as to him.
PJA
However, as an exception, the last
sentence of Section 13 of Rule 16
states that:
“In proper cases, he or she
may also assert a counterclaim
against the original plaintiff in
respect of the latter's claim
against the third- party
plaintiff.”
Thus, if the counterclaim is raised by
virtue of the original claim against the
3rd party plaintiff, then, the
counterclaim may be allowed.
Take note however, it still remains
that it is not him who is involved in
the counterclaim concerned, but
merely raising defences that the 3rd
party plaintiff may have against the
original plaintiff.
Q: Can the court render a decision over
the 3rd party complaint prior to a decision
to the original complaint?
Yes, considering that the 3rd party
complaint is a separate and
independent action from the original
complaint
3rd (4th, etc.) party complaint v. 3rd (4th,
etc.) party claim
In the former, once impleaded, they
shall be original parties to the case.
On the other hand, the one who files
is not an original party to the case
Rules governing 3rd (4th, etc.) party claim
The following are examples of 3rd (4th
etc.) party claims:
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
a) Property levied claimed by other
parties aside from the judgment
obligor or agent (Rule 39.16)
b) Property subject of attachment
being claimed by other parties
(Rule 57.14);
c) Property subject of replevin
claimed by other parties (Rule
60.07)
(NOTE: In the above cases, the party
against whom the judgment was
rendered was NOT the actual owner,
and hence other parties files against
the enforcement against said
property.)
Q: In case the defendant files a
counterclaim against the plaintiff, what
are the latter’s available pleadings to be
filed against it?
He may file any of the following:
a) Answer to a permissive
counterclaim; or
b) Counter-counterclaim
Q: Is there no answer to a compulsory
counterclaim?
No, as it is no longer necessary
considering that in a compulsory
counterclaim, the allegations in such
are automatically controverted
Q: When is a reply allowed?
It is allowed ONLY if the answer is
based on an actionable document
Q: When is a rejoinder allowed?
It is allowed ONLY if the reply is
based on an actionable document
Actionable document
PJA
A document is said to be actionable
when the claims or defences is based
on a written instrument or document
Purpose of requiring reply and/or
rejoinder in case of an answer and/or
reply based on actionable document
8.08. How to Contest Such Documents;
When an action or defense is founded upon a
written instrument, or attached to the
corresponding pleading as provided in the
preceding section, the genuineness and due
execution of the instrument shall be deemed
admitted unless the adverse party, under oath
specifically denies them, and sets forth what
he or she claims to be the facts; but the
requirement of an oath does not apply when
the adverse party does not appear to be a
party to the instrument or when compliance
with an order for an inspection of the original
instrument is refused.
It is for the purpose of specifically
denying under oath the actionable
document
Effect of failure to specifically deny under
oath the actionable document
The due execution and genuineness of
the actionable document shall be
deemed admitted
Q: Is the denial of the actionable
document an absolute rule, to the effect
that in the failure of such would always
lead to the admission of the due execution
and genuineness of said document?
No, as exceptions, the genuineness
and due execution of the actionable
document shall NOT be deemed
admitted despite failure to deny under
oath, in the following cases:
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
a) The party bound to deny under (NOTE: See Rule 1 for further
oath is NOT a party to the discussion on counterclaims)
instrument; or
SUMMARY OF DIFFERENCES
b) If there is a refusal of the party AMONG PLEADINGS
alleging the actionable document
to comply with the order for Nature
C
Initiatory
CCC
CC
PCC
CC not
XC
Like CCC,
3PC
Separate
purposes of inspection of original pleading which required to must be set and
must be barred, up distinct
instrument of said document be set considering immediately, from
up in that it can in order to main
order be tried in avoid being action
Q: A filed a cases against Sps. X and Y for to
prevent
a separate
action
barred
forever
recovery of ownership property and thus being
barred
the cancellation of their title, alleging that
the latter’s title was obtained through Payment
of
Yes No Yes Yes if RTC Yes

fraud, specifically by a forged signature in docket No if MTC

fees
the deed of sale.
Filing of Yes No Yes Yes Yes
an
X and Y filed their counterclaim for answer

damages and/or recovery of purchase

price in case the deed was declared as a
forgery. They further claim, that the said
deed arose from the loans obtained by A’s
mother, and on the other end, that when
they received the deed in question it was
already signed without them having a say
thereto, thus a unilateral deed.

A claims that the counterclaim should be

dismissed, considering that by raising
alternative defences, their counterclaim is
permissive and their non-payment of
docket fees means that the court had not
acquired jurisdiction over their case. Is A
correct?

No, the nature of the reliefs sought

under the counterclaim filed by Sps. X
and Y necessarily arise out of the same
transaction, and the same evidence
would support or refute the same.

While it is true that alternative

defences were raised, it shall be
treated as valid, considering that
alternative causes of action are
allowed, then alternative defences are
likewise allowed. (Alba v. Malapajo)
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
RULE 7: a) Every pleading and other written
PARTS AND CONTENTS OF A submissions to the court must be signed
PLEADING by the party or counsel representing him
or her.
2020 Amendments
b) The signature of counsel constitutes a
To highlight, evidentiary matters are certificate by him or her that he or she
now required to be placed in the has read the pleading and document; that
pleading to the best of his or her knowledge,
information, and belief, formed after an
Prior thereto, only ultimate facts are inquiry reasonable under the
required circumstances:
1. It is not being presented for any
PARTS OF A PLEADING improper purpose, such as to
harass, cause unnecessary
It include the following: delay, or needlessly increase the
cost of litigation;
a) Caption;
a. Name of the court; 2. The claims, defenses, and other
b. Title of the action; legal contentions are warranted
c. Docket number, if by existing law or
assigned; and jurisprudence, or by a non-
d. Names and designation of frivolous argument for
parties; extending, modifying, or
b) Body; reversing existing
a. Numbered paragraphs; jurisprudence;
b. Headings; as to the
cause/s of action 3. The factual contentions have
c. Relief; evidentiary support or, if
d. Date specifically so identified, will
c) Signature and address; likely have evidentiary support
a. Other requirements: after availment of the modes of
i. Email address; discovery under these rules;
ii. Contact number; and
iii. MCLE
Compliance No. 4. The denials of factual
iv. Roll No. contentions are warranted on
v. IBP No. the evidence or, if specifically
vi. PTR No. so identified, are reasonably
d) Verification; and based on belief or a lack of
e) Certification against Forum information.
Shopping
c) If the court determines, on motion or
Signature and address motu proprio and after notice and
hearing, that this rule has been
7.03. Signature and address; violated, it may impose an appropriate
sanction or refer such violation to the
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
proper office for disciplinary action, on 3. By a non-frivolous
any attorney, law firm, or party that argument for
violated the rule, or is responsible for extending,
the violation. Absent exceptional modifying, or
circumstances, a law firm shall be held reversing existing
jointly and severally liable for a jurisprudence;
violation committed by its partner, iii. The factual contentions
associate, or employee. The sanction have:
may include, but shall not be limited 1. Evidentiary
to, non-monetary directive or sanction; support; or
an order to pay a penalty in court; or, if 2. If specifically so
imposed on motion and warranted for identified, will
effective deterrence, an order directing likely have
payment to the movant of part or all of evidentiary support
the reasonable attorney’s fees and after availment of
other expenses directly resulting from the modes of
the violation, including attorney’s fees discovery under
for the filing of the motion for these rules; and
sanction. The lawyer or law firm iv. The denials of factual
cannot pass on the monetary penalty contentions are warranted
to the client. on:
1. The evidence; or,
Effect of lawyer’s signature 2. If specifically so
identified, are
Under the amended rule, the lawyer’s reasonably based
signature has the following effects: on belief or a lack
of information.
1. That he has read the pleading;
2. That to the best of his or her Hence, under this amendment, the
knowledge, information, and signature assures that the pleading or
belief, formed after an inquiry document has evidentiary support.
reasonable under the
circumstances: (NOTE: Under the former rule, a
i. It is not being presented counsel’s signature only warrants the
for any improper purpose, following:
such as to :
1. Harass; 1. He has read the pleading;
2. Cause unnecessary 2. To the best of his knowledge,
delay; or information, and belief, there is
3. Needlessly increase good ground to support it; and
the cost of 3. It is not interposed for delay
litigation;
ii. The claims, defenses, and Clearly, evidentiary support was not
other legal contentions are included as a warranty of the
warranted by : signature.)
1. Existing law; or
2. Jurisprudence; or Inquiry reasonable under the
circumstances
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
No definition has been provided in
the Proposed Amendments nor by the
Supreme Court considering the
novelty of the Proposed Amendments
Effect of violating this provision
The court may impose an appropriate
sanction or refer such violation to the
proper office, the sanction of which
may include, but not limited to:
1. Non-monetary directive or
sanction;
2. Order to pay penalty in court;
3. Order to pay movant of part or all
of the reasonable attorney’s fees
for the filing of the motion for
sanction, if:
a. It is imposed through a
motion by the movant; and
b. Warranted for effective
deterrence
Q: Who may move to determine the
violation?
A party may file a motion for
sanction.
However, the court may, motu proprio,
determine such violation without need
of a motion for such purpose.
Persons liable
The following persons may be held
liable for violation this rule:
1. Attorney;
2. Law Firm; or
3. Party that violated this rule or is
responsible for such
Liability of law firms as to their partner,
associate, or employee
PJA
The law firm shall be held jointly and
severally liable with the partner,
associate, or employee.
As an exception, the law firm may be
absolved from liability under
exceptional circumstances, hence:
GR: Jointly and severally
liable;
ER: NOT liable, under
exceptional
circumstances
Other requirements under signature and
address
Q: Is an email address and contact
number required under the Rules?
No, it is not specifically required by
the Rules.
However, Lolo Brondi said that
nevertheless, it is required in some
courts.
Q: Upon the court’s finding that the
MCLE Compliance No. is not placed in
the pleadings, should the court dismiss
the case outright?
No, as it may be cured by submitting
it later.
Thus, the court shall order compliance
thereto.
If in case there is failure to comply
with the order, then and only then will
dismissal can be had (People v.
Arojado)
(NOTE: Prior to this case, dismissal
is warranted outright. However, by the
ruling in this case, the MCLE
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
Compliance No. requirement has thus
been liberated.)
Q: X is a dedicated teacher in the Best
Law School of the Philippines for 10 years,
and since has not litigated a case as he
enjoyed teaching.
One day, a big time former client went to
him and wants to him to return to
litigation as this is a high profile case and
involves millions of money.
Upon reading the case of People v.
Arojado, he realized that an MCLE
Compliance is needed, but his case needs
to be filed next week as it would prescribe
already.
Thus he has not time to comply with the
MCLE requirement considering that he
must attend seminars. What can he do?
He may request for an Exemption
Number instead of an MCLE
Compliance No.
A teacher who has been teaching for
10 years is exempted from MCLE
Requirement and may rather request
for an Exemption No.
(NOTE: An Exemption No. is valid
for three (3) years from issuance)
Verification
7.04. Verification;
Except when otherwise specifically required
by law or rule, pleadings need not be under
oath or verified.
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
PJA
special power of attorney, should be
attached to the pleading, and shall allege
the following attestations:
a) The allegations in the pleading
are true and correct based on
his or her personal knowledge,
or based on authentic
documents;
b) The pleading is not filed to
harass, cause unnecessary
delay, or needlessly increase the
cost of litigation; and
c) The factual allegations therein
have evidentiary support or, if
specifically so identified, will
likewise have evidentiary
support after a reasonable
opportunity for discovery
The signature of the affiant shall further
serve as a certification of the truthfulness
of the allegations in the pleading.
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.
Certification against forum shopping
Sec.5. Certification against forum
shopping;
The plaintiff or principal party shall certify
under oath in the complaint or other initiatory
pleading asserting a claim for relief, or in a
sworn certification annexed thereto and
simultaneously filed therewith:
a) that he or she has not theretofore
commenced any action or filed any
claim involving the same issues in any
court, tribunal or quasi-judicial agency
and, to the best of his or her
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
knowledge, no such other action or
claim is pending therein;
b) if there is such other pending action
or claim, a complete statement of the
present status thereof; and
c) if he or she should thereafter learn
that the same or similar action or
claim has been filed or is pending, he
or she shall report that fact within five
(5) calendar days therefrom to the
court wherein his or her aforesaid
complaint or initiatory pleading has
been filed.
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.
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other
initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless
otherwise provided, upon motion and after
hearing. The submission of a false
certification or non-compliance with any of
the undertakings therein shall constitute
indirect contempt of court, without prejudice
to the corresponding administrative and
criminal actions. If the acts of the party or his
or her counsel clearly constitute willful and
deliberate forum shopping, the same shall be
ground for summary dismissal with prejudice
and shall constitute direct contempt, as well as
a cause for administrative sanctions.
Q: Who signs the verification or
certification against forum shopping?
As a general rule, it should be the
party himself, considering that he is
the best person to know the facts
stated in the pleading
PJA
However, as an exception, the lawyer
may be allowed to sign the same, if so
authorized by the party concerned,
and said authorization is attached to
the pleadings
Forms of authorization
It may be by:
a) Special power of attorney (SPA);
b) Secretary’s certificate or Board
Resolution, in case of a
corporation
Q: Considering that a corporation is a
juridical personality and cannot sign the
verification nor the certification against
forum shopping on its own, who can sign
the same?
As a general rule, it is the person
who is named as authorized under the
Secretary’s Certificate, or Board
Resolution.
However, as exceptions, the
following persons may sign despite no
Secretary Certificate or Board
Resolution to that effect, namely its:
a) Chairperson;
b) President;
c) Manager:
a. General; or
b. Acting;
d) Personnel Officer; and
e) Employment specialist in a labor
case (Powerhouse v. Rey)
Q: Who are “employment specialists”
They refer to the human resource
department
Q: The Commission on Appointments
(COA) dropped X from its roll of
employees.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
X thus filed a case against COA in the Rule as to signature required in case there
CSC which found that the dismissal was are several plaintiffs or defendants
improper and hence ordered for
reinstatement. GR: ALL must sign

CA affirmed the CSC. ER: Signature of one is substantial

compliance, if:
Atty. A, counsel for COA, thus filed a
petition for certiorari in the SC. In said a) There is a commonality of
petition, Atty. A signed the verification interest among all
and certification against forum shopping. plaintiffs or defendants;
Did Atty. A validly sign such? and
b) An authorization was
No, Atty. A’s signature is improper given to such person
insofar as the certification against signing (Medado v.
forum shopping is concerned. Consing)

The rule is stricter in the signature Jurisprudential pronouncements as to

requirement under the certification, verification and certification against
that it requires that only the party forum shopping
himself may sign such.
VERIFICATION CERTIFICATION
AGAINST FORUM
While it is true that in a verification it SHOPPING
would suffice that the person who Nature Formal requirement Substantial requirement
signed the same has personal When GR: NOT Required
knowledge thereof, the same does not needed required
hold true in a certification against ER: When
forum shopping. required
by law
Effect of NOT fatal GR: Fatal
And further, while there are instances non- ER: Substantial
compliance compliance, or
where another person other than the / defective special
party may sign the certification, there circumstances/
compelling
must be an authority to that effect, reasons
which in this case is wanting. (COA v.
Curability Order submission or CANNOT be cured by
Paler) correction subsequent submission or
correction
(NOTE: Thus, the rule that the party Substantial If the one who signs Said signing party must
must sign is strictly applied in the compliance has ample knowledge have:
in case of as to the veracity of
certification. multiple the facts a) Commonality
parties of interest with
the others; and
On the other hand, verification is b) Authorization
loose to the extent that as long as from the other
parties
personal knowledge can be attributed
to the person signing, then the Effect of Generally would not If substantial compliance
non-signing matter, considering or other exceptions would
necessary authorization is of no of other that only one would not apply, then the parties
moment) parties suffice as long as who did not sign shall be
chargeable with the dropped as parties to the
facts case
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
Summary of sanctions under Rule 7 Every pleading stating a party's claims or
defenses shall, in addition to those mandated
GR ER by Section 2, Rule 7, state the following:
Violation of Disciplinary Law firm shall
warranties of action for the be solidarily
lawyer’s signing lawyer liable if for a) Names of witnesses who will be
signature and in case of a exceptional presented to prove a party's claim or
law firm, circumstances defense;
solidarily liable
with the latter.
b) Summary of the witnesses' intended
Lack of proper Unsigned If there is a testimonies, provided that the judicial
verification pleading, but failure to affidavits of said witnesses shall be
NOT fatal comply with the attached to the pleading and form an
considering that order to correct integral part thereof. Only witnesses
the court may or submit,
order ground for
whose judicial affidavits are attached
submission or dismissal; and to the pleading shall be presented by
correction the parties during trial. Except if a
subsequently Substantial party presents meritorious reasons as
compliance basis for the admission of additional
witnesses, no other witness or
Failure to Dismissal Dismissal
comply with without WITH affidavit shall be heard or admitted by
requirements prejudice prejudice, the court; and
of certification determined by
against forum the court after c) Documentary and object evidence in
shopping motion and
support of the allegations contained in
hearing
the pleading.
False Indirect
certification or contempt; Under the new Rules, contents refers to
non- Administrative evidentiary matters which is now required
compliance and criminal
with actions
to be attached
undertakings
in certification Rule as to evidentiary matters
against forum
shopping GR: In order to be considered,
Willful and Summary
must be included in the
deliberate dismissal WITH pleading
forum prejudice;
shopping ER: For meritorious reasons,
Direct evidence not appearing in the
contempt;
pleading shall nevertheless be
Administrative admitted
sanctions
Effect of amendments
CONTENTS OF A PLEADING
If thus no evidence supports the facts
7.06. Contents; alleged in the first place, then there
would be necessity to proceed to trial.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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At the moment of filing, it can already c. Relief;
be ascertained by the court if indeed d. Date
the case would thrive. e. CONTENTS:
i. Names of
In effect, it expedites the case witnesses:
considering that as at the time of 1. Who will
filing, evidence shall already be be
considered, and in the absence of presented
which, the court may in its discretion to prove a
dismiss the case. party’s
claim or
Q: What kind of evidence shall be defense
included in the pleading? ii. Summary of
witnesses’ intended
ALL kinds of evidence as such, testimonies
documentary, object, and testimonial. 1. Judicial
Affidavit
(NOTE: Of course, do not take it (JA) shall
literally that the “document” or be attached
“object” itself shall be attached. iii. Documentary and
object evidence
What matters is that it is stated in the 1. In support
pleading, including the specifications, of
pictures, etc., and most importantly it allegations
should be readily available for c) Signature and address;
production and inspection) a. Other requirements:
i. Email address;
Q: What is the effect if an evidence is not ii. Contact number;
included in the pleading? iii. MCLE
Compliance No.
Then, it cannot be offered iv. Roll No.
v. IBP No.
SUMMARY OF PARTS AND vi. PTR No.
CONTENTS OF A PLEADING d) Verification; and
e) Certification against Forum
Thus, a pleading shall include: Shopping

a) Caption;
a. Name of the court;
b. Title of the action;
c. Docket number, if
assigned; and
d. Names and designation of
parties;
b) Body;
a. Numbered paragraphs;
b. Headings; as to the
cause/s of action
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
RULE 8:
MANNER OF MAKING
ALLEGATIONS IN A PLEADING
DEFENSES
Sec.5. Defenses;
Defenses may either be negative or
affirmative.
a) A negative defense is the specific
denial of the material fact or facts
alleged in the pleading of the claimant
essential to his or her cause or causes
of action.
b) An affirmative defense is an allegation
of a new matter which, while
hypothetically admitting the material
allegations in the pleading of the
claimant, would nevertheless prevent
or bar recovery by him or her. The
affirmative defences 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.
Affirmative defenses may also include
grounds for the dismissal of a complaint,
specifically, that the court has no
jurisdiction over the subject matter, that
there is another action pending between
the same parties for the same cause, or
that the action is barred by a prior
judgment.
Types
The following are the types of
defences:
a) Affirmative;
b) Negative:
a. Specific denial; and
b. Lack of knowledge
PJA
Negative v. affirmative defense
Negative defense consists in specific
denial of the material fact or facts.
On the other hand, affirmative
defense consists in the allegation of a
new matter that would prevent or bar
recovery.
Affirmative defences
8.12. Affirmative defences;
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:
1. That the court has no
jurisdiction over the person of
the defending party;
2. That venue is improperly laid;
3. That the plaintiff has no legal
capacity to sue;
4. That the pleading asserting the
claim states no cause of action;
and
5. That a condition precedent for
filing the claim has not been
complied with.
b) Failure to raise the affirmative
defenses at the earliest opportunity
shall constitute a waiver thereof.
c) The court shall motu proprio resolve
the above affirmative defenses within
thirty (30) calendar days from the filing
of the answer.
d) As to the other affirmative defenses
under the first paragraph of Section
5(b), Rule 6, the court may conduct a
summary hearing within fifteen (15)
calendar days from the filing of the
answer. Such affirmative defenses
shall be resolved by the court within
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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thirty (30) calendar days from the
termination of the summary hearing.
e) Affirmative defenses, if denied, shall
not be the subject of a motion for
reconsideration or petition for
certiorari, prohibition or mandamus,
but may be among the matters to be
raised on appeal after a judgment on
the merits.
Three groups of affirmative defences
Accordingly, it would seem that there
are three groups:
1. Rule 6.05(b):
a. Fraud;
b. Statute of limitations;
c. Release;
d. Payment;
e. Illegality;
f. Statute of frauds;
g. Estoppel;
h. Former recovery;
i. Discharge in bankruptcy;
j. Any other matter by way
of:
i. Confession; and
ii. Avoidance;
k. Grounds for the dismissal
of the complaint:
i. Court has no
jurisdiction over
the subject matter;
ii. Litis pendentia; or
iii. Res judicata
2. Rule 8.12:
a. Court has no jurisdiction
over the person of the
defending party;
b. The venue is improperly
laid (improper venue);
PJA
c. That the plaintiff has no
legal capacity to sue (no
locus standi);
d. That the pleading asserting
the claim states no cause
of action; and
e. That a condition precedent
for filing the claim has not
been complied with
3. Rule 9.01:
a. Court has no jurisdiction
over the subject matter;
b. Litis pendentia; or
c. Res judicata; and
d. Statute of limitations
(NOTE: Notice that the ground
under the last paragraph of Rule
6.05(b) and in Rule 9.01 are almost the
same)
Q: That Rule 16 has been deleted, are the
grounds under the then Motion to
Dismiss now gone?
No, they are still complete and merely
transposed to other portions of the
rule. In loving memory of Rule 16, the
then grounds are as follows:
16.01. Grounds;
Within the time for but before filing the
answer to the complaint or pleading asserting
a claim, a motion to dismiss may be made on
any of the following grounds:
a) That the court has no jurisdiction over
the person of the defending party;
b) That the court has no jurisdiction over
the subject matter of the claim;
c) That venue is improperly laid;
d) That the plaintiff has no legal capacity
to sue;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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e) That there is another action pending
between the same parties for the same
cause;
f) That the cause of action is barred by a
prior judgment or by the statute of
limitations;
g) That the pleading asserting the claim
states no cause of action;
h) That the claim or demand set forth in
the plaintiff's pleading has been paid,
waived, abandoned, or otherwise
extinguished;
i) That the claim on which the action is
founded is enforceable under the
provisions of the statute of frauds;
and
j) That a condition precedent for filing
the claim has not been complied with
In sum, the above grounds can be
found in the following provisions, the
letters corresponding are those to
which they were originally designated
under the then Rule 16:
a. Rule 6.05 (b):
i. Prescription (f);
ii. Payment, waiver,
abandonment, or
extinguishment (h);
iii. Statute of frauds (i);
iv. Lack of jurisdiction
over the subject
matter; (b)
v. Litis pendentia; (e)
vi. Res judicata; (f)
b. Rule 8.12;
i. Lack of jurisdiction
over the person; (a)
ii. Improper venue; (c)
iii. Lack of locus standi; (d)
PJA
iv. Failure to state cause
of action; (g)
v. Failure to comply with
condition precedent
(j);
c. Rule 9.01:
i. Lack of jurisdiction
over the subject
matter; (b)
ii. Litis pendentia; (e)
iii. Res judicata; (f)
iv. Prescription; (f)
(NOTE: Notice that there are
repeating grounds, specifically those
relating to residual prerogatives,
considering that they can be raised
merely as an affirmative defense rather
than a motion to dismiss.
Further, ground “h” under the then
Rule 16 has been severed.)
Q: Considering that the grounds for
residual prerogative are likewise
enumerated as an affirmative defense, is it
then correct to say that a motion to
dismiss is not proper in case of those
enumerated under Rule 9.01?
No, as it may happen that the
defendant merely wants to raise the
grounds as an affirmative defense,
rather than a motion to dismiss.
If raised as an affirmative defense, the
court on its own may dismiss the case
upon a finding that such ground does
exist.
Thus it would expedite the cases,
considering that no motion to dismiss
is needed to be heard, as it may
dismiss the case on the basis of the
affirmative defense.
Availability of preliminary hearing to hear
affirmative defense
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
As a general rule, a motion to hear No
affirmative defense is a prohibited
motion. Hence, grounds under 8.12 Q: What is the proper remedy?
cannot be subjected to a summary
hearing. The remedy is to go to trial

However, in case of those mentioned Q: In case of an adverse judgment, what is

under the first paragraph of Rule the remedy?
6.5(b) may be subjected to a summary
hearing, as these matters may require To appeal the case, and put the denial
the presentation of evidence. of the affirmative defense in issue.
SUMMARY
HEARING
RESOLUTION MAX
TIME TO
The provision enumerated the above
RESOLVE remedies as unavailable, which means
IN
THEORY
that the order denying the affirmative
1st May be ordered Within thirty (30) Forty-five is deemed as a final order, hence the
paragraph by the court, to days from the (45) days remedy is appeal:
of 6.5(b) be conducted termination of
within fifteen summary hearing
(15) days from “It is settled that the proper
the filing of the
answer remedy to obtain a reversal of
judgment on the merits, final
8.12 PROHIBITED Within thirty (30) Thirty (30)
days from the days order or resolution is appeal.”
filing of the (Nuque v. Aquino)
answer

As a remedy is available in law, via

Effect if affirmative defense allowed
appeal, the above remedies cannot be
availed of.
The court may motu proprio dismiss the
case, considering that the defense
Q: What would be advisable assuming
raised effectively bars recovery from
that the defense of lack of jurisdiction over
the plaintiff.
the person was denied, and eventually was
appealed from, in order for the acts not to
This in effect, declogs court dockets,
be tantamount to a voluntary submission
as trial no longer needed to be
to the court?
reached.
Dean Mawis advised that the party
Q: Assume that the affirmative defense
must be consistent in questioning the
was denied by the court, is a motion for
jurisdiction despite the denial of the
reconsideration the remedy?
affirmative defense, as to avoid being
deemed as voluntary submitting to the
No
court.
Q: How about a petition for certiorari?
Effect of raising affirmative defense
No
It has the effect of hypothetically
admitting the allegations against him,
Q: How about a petition for mandamus?
but raises a defense which would
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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nevertheless bar recovery from the
plaintiff.
What follows is a reverse trial, for the
defendant to prove such defense/s
Q: While normally, order of trial begins
with plaintiff, why is it that the defendant
is the one to first present his evidence
when he raises an affirmative defense?
As there is nothing to prove for the
plaintiff, considering that the facts are
already hypothetically admitted.
That it is hypothetically admitted, thus
the plaintiff has no burden to prove
the evidence-in-chief, specifically his
allegations.
(NOTE: In contrast, in criminal
cases, reverse trial is NOT mandatory,
as the burden of proof rests upon the
prosecution all throughout the
proceedings)
Negative defences
Specific denial and lack of knowledge
8.10. Specific denial;
A defendant must specify each material
allegation of fact the truth of which he or she
does not admit and, whenever practicable,
shall set forth the substance of the matters
upon which he or she relies to support his or
her denial. Where a defendant desires to deny
only a part of an averment, he or she shall
specify so much of it as is true and material
and shall deny only the remainder. Where a
defendant is without knowledge or
information sufficient to form a belief as to
the truth of a material averment made to the
complaint, he or she shall so state, and this
shall have the effect of a denial.
PJA
The first and second sentence refers
to specific denial, while the last
sentence refers to lack of knowledge
Q: X is filing a case for payment of the
allegedly borrowed amount of Php10,000
by Y. Y said in his pleading that he had
already paid the amount. Did Y raise a
negative defense?
No, rather Y raised an affirmative
defense.
Raising the defense of payment, he
raised an affirmative defense in which
while admitting the facts, raising a fact
that would nevertheless bar recovery
by X.
Q: How then could Y possibly raise a
negative defense?
By specifically denying the claim
against him.
As an example, Y could raise that it is
not him who contracted and
borrowed the money, but rather Z, his
brother.
It is a negative defense considering
that he denied such fact and never
admitted the same.
Q: Should Y’s answer containing a
specific denial be under oath?
No
Q: When then should an answer
containing a specific denial be under
oath?
Only in cases of specifically denying
actionable documents
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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Actionable documents
8.07.Action or defense based
document;
Whenever an action or defense is based upon
a written instrument or document, the
substance of such instrument or document
shall be set forth in the pleading, and the
original or a copy thereof shall be attached to
the pleading as an exhibit, which shall be
deemed to be a part of the pleading.
8.08. How to contest such documents;
When an action or defense is founded upon a
written instrument, or attached to the
corresponding pleading as provided in the
preceding section, the genuineness and due
execution of the instrument shall be deemed
admitted unless the adverse party, under oath
specifically denies them, and sets forth what
he or she claims to be the facts; but the
requirement of an oath does not apply when
the adverse party does not appear to be a
party to the instrument or when compliance
with an order for an inspection of the original
instrument is refused.
Thus, in line with the above provision,
denial of the actionable document can
only be done by specifically denying
under oath, by the responsive
pleadings such as the answer, and
specifically reply and rejoinder in
which they are specifically available
for.
Effect of failure to specifically deny
Sec.11. Allegations not specifically denied
deemed admitted:
Material averments in a pleading asserting
a claim or claims, other than those as to the
amount of unliquidated damages, shall be
deemed admitted when not specifically
denied.
Failure to deny shall admit the facts
PJA
Q: Is such provision limited to
complaints?
on
No as it includes any pleading in
which a responsive pleading can be
filed.
It is with the exception of course of
those which does not require a
response thereto, considering that
those facts are deemed automatically
controverted despite no response.
Q: Y specifically denied the genuineness
of the actionable document allegedly
executed by them. He claims that he had
never seen such document, nor wrote on
such, and further met the plaintiff X. Will
Y’s denial prosper to the effect that he
contested the genuineness and due
execution of said actionable document?
No, as specific denial of actionable
documents must be under oath.
Without any showing that it is under
oath, the specific denial alone is
insufficient.
In effect, he did not contest such
document, and admitted the facts.
Q: A, an employee of X, was accused of
taking shabu while at work. In answering
thereto, A said that “I do not use shabu
while at work”. Did A successfully denied
specifically the allegation against him?
No, as his denial is deemed as a
negative pregnant
Negative pregnant
It is a denial pregnant with an
admission.
It so happens when the allegation is a
complex compound (containing a
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
qualifier), to the extent that what is
being denied is merely the qualifier,
but not the allegation itself.
In effect, the party denying is
admitting the fact itself, but qualifying
it by denying such qualifier.
Q: A, an employee of X, was accused of
taking shabu. Can there be a negative
pregnant in case of denial by A?
No, considering that a qualifier to
which a denial can attach does not
exist.
In this case, A can only specifically
deny by saying “I do not take shabu”
Q: A accused Y of having affairs with his
wife Z.
According to A, Z confessed to him that
she has an affair with Y. Such affair was
characterized by Z to be abusive and
tormenting, considering the physical and
verbal abuse, drug inducement, and
blackmailing against her made by Y that if
she leaves her, someone will die.
Y answered, in this manner:
“I did not abuse nor torment Z.
Neither did I physically or verbally
abuse Z, drugged Z, nor
blackmailed Z.”
Did Y successfully denied specifically the
allegation against him?
No, as he merely denied the qualifiers.
As he merely denied the qualifiers, he
failed to specifically deny the fact
which is being qualified, which in this
case, is the illicit relationship.
PJA
For failure to deny such, it is deemed
admitted that indeed there is an affair
between Y and Z. (Valdez v. Dabon)
Q: Atty. X and Atty. Y are spouses. X is
currently handling a case. One time, X
mistakenly handed over to Y the pleading,
to which the latter signed, thinking that it
is her case, and that she was in a hurry.
Eventually, when asked about such fact,
Atty. X stated:
“I only raise my guns, and honed
them, only to point at statements
which are monumental”
Did Atty. X successfully deny specifically
that it was not her wife, Atty. Y, who
signed the pleading but instead it is him?
No, as there is a failure to deny such
fact.
Instead of specifically stating reasons
thereto, Atty. X answered vaguely and
artistically.
However, despite the art, said
statement did not pertain to the
allegation needed to be denied.
(Lacurom v. Jacoba)
Q: For recovery of ill-gotten wealth, the
PCGG filed a case against X, Y, and Z,
family members of then President A, a
dictator.
PCGG claims that they have several Swiss
bank accounts and that they have a
deposit amounting to $300,000,000.
In answering thereto, X, Y, and Z, denied
in the following manner:
“They could not have known
anything, as they are NOT privy to
the contracts;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
We could not recall, considering No, it is sufficient to attach an
that it is a long time ago” authenticated copy of such judgment
or decision.
Did X, Y, and Z successfully deny the
allegation against them? The rationale for such is that
jurisdiction is presumed.
No, considering that they failed to
deny the material allegation, which is
the existence of Swiss accounts and
the amount of bank deposit.

By raising the defense of the PCGG’s

lack of knowledge, and that they could
not remember the amounts, they
effectively raised a negative pregnant,
and thus admitted the following:

a) That indeed there are Swiss

accounts; and
b) That the amount is $300,000,000
(Republic v. Sandiganbayan)

Alleging official documents

8.09. Official document or act;

In pleading an official document or official
act, it is sufficient to aver that the document
was issued or the act was done in compliance
with law.

Alleging judgments

8.06. Judgment;
In pleading a judgment or decision of a
domestic or foreign court, judicial or quasi-
judicial tribunal, or of a board or officer, it is
sufficient to aver the judgment or decision
without setting forth matters showing
jurisdiction to render it. An authenticated
copy of the judgment or decision shall be
attached to the pleading.

Q: Is it necessary that in alleging a

judgment, the jurisdiction of said court be
shown?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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RULE 9:
EFFECT OF FAILURE TO PLEAD
ORDER OF DEFAULT
Sec.3. Default; Declaration of;
If the defending party fails to answer within
the time allowed therefor, the court shall,
upon motion of the claiming party with notice
to the defending party, and proof of such
failure, declare the defending party in default.
Thereupon, the court shall proceed to render
judgment granting the claimant such relief as
his or her pleading may warrant, unless the
court in its discretion requires the claimant to
submit evidence. Such reception of evidence
may be delegated to the clerk of court.
a) Effect of order of default. — A
party in default shall be entitled to
notices of subsequent proceedings but
shall not take part in the trial.
b) Relief from order of default. — A
party declared in default may at any
time after notice thereof and before
judgment, file a motion under oath to
set aside the order of default upon
proper showing that his or her failure
to answer was due to fraud, accident,
mistake or excusable negligence and
that he or she has a meritorious
defense. In such case, the order of
default may be set aside on such terms
and conditions as the judge may
impose in the interest of justice.
c) Effect of partial default. — When a
pleading asserting a claim states a
common cause of action against
several defending parties, some of
whom answer and the others fail to do
so, the court shall try the case against
all upon the answers thus filed and
render judgment upon the evidence
presented.
PJA
d) Extent of relief to be awarded. — A
judgment rendered against a party in
default shall neither exceed the
amount or be different in kind from
that prayed for nor award unliquidated
damages.
e) Where no defaults allowed. — If
the defending party in an action for
annulment or declaration of nullity of
marriage or for legal separation fails to
answer, the court shall order the
Solicitor General or his or her
deputized public prosecutor, to
investigate whether or not a collusion
between the parties exists, and if there
is no collusion, to intervene for the
State in order to see to it that the
evidence submitted is not fabricated.
It is an order declaring the defending
party in default for failure to file an
answer to the complaint within the period
allowed
Q: A filed a case of B for sum of money for
amounting to Php250k.
B received summons on 10 January
On February 15, B has not filed his answer
to the complaint.
A moved to declare B in default, to which
the court did. Did the court properly
declared B in default?
No, the order of default is improper
In the example, order of default not
valid, as summary procedure/small
claims
Q: A filed a case of B for sum of money for
amounting to Php500k.
B received summons on 10 January
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
On February 15, B has not filed his answer
to the complaint.
The court declared defendant in default.
Is the court correct in declaring such?
No, as the court cannot declare the
defendant in default motu proprio.
In order to be valid there must be a
motion by the adverse party
Q: A filed a case of B for sum of money for
amounting to Php500k.
B received summons on 10 January
On February 15, B has not filed his answer
to the complaint.
A moved to declare B in default, to which
the court did. Did the court properly
declared B in default?
No, the order of default is improper
In the example, order of default not
valid, as summary procedure/small
claims
Q: A filed a case of B for sum of money for
amounting to Php500k.
B received summons on 10 January
On February 15, B has not filed his answer
to the complaint.
A moved to declare B in default. The next
day, the court declared B as in default. Is
the court’s order valid?
No, it is invalid.
A motion to declared defendant in
default is a litigious motion.
PJA
As a litigious motion, there must be a
hearing considering that the court
cannot act upon said motion without
prejudicing the rights of the adverse
party.
Thus, absent any showing that a
hearing was conducted, or due process
at least, then the order should be
deemed invalid.
Effect of order of default
He loses personality to the case.
While he is still entitled to notice and
other court processes, he cannot
however participate in the trial of the
case.
Q: As an order of default has been decreed
against him, X filed a Motion for
Reconsideration. Will his motion prosper?
No, the proper remedy should be a
Motion to Lift Order of Default
(BDO v. Tansipek)
Effect of granting Motion to Lift Order of
Default
Defaulted party regains his
personality, and thus can participate in
the proceedings
Q: Is a motion to lift order of default
available in trial only?
No, as personality can be regained
even after judgment, for purposes of
post-judgment remedies such a
Motion for New Trial or
Reconsideration, or even Appeal
Q: For failure to attend pre-trial, the court
declared X in default. Subsequently, a
judgment by default was rendered against
her. Is the judgment valid?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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No, as it did not precede an order of are controverted despite no answer to
default. that effect.

An order of default can ONLY BE On the other hand, as an exception

HAD IN CASES OF FAILURE
TO FILE AN ANSWER, NO
MORE, NO LESS.
Thus, the order declaring X in default
is invalid, as it is rooted from her
failure to appear in pre-trial, and as
such, an order of default cannot be
had from such failure. (Salvador v.
Rabaja)
to the exception, while it is a
compulsory counterclaim, failure to
file an answer thereto would lead to a
declaration in default, if the said
compulsory counterclaim is anchored
on an actionable document, to which
an answer is needed to specifically
deny under oath the genuineness and
due execution of the actionable
document. Thus:

(NOTE: Thus, the only ground to file GR: May be declared in

a motion to declare defendant in default for failure to
default, is for failure to file an answer) file an answer to a
permissive
Q: For failure to respond to the petition counterclaim;
for nullity of marriage of Husband H,
Wife W was declared in default. Did the ER: Would not be declared
court properly order such default? in default despite no
answer, in cases of
No, as no order of default can attach compulsory
in a petition for nullity of marriage, counterclaim;
considering that the family is an
inviolable institution. EER: Can be declared in
default if there is a
For preventing such order, a judgment failure to answer a
by default is thereby prevented. compulsory
counterclaim anchored
(NOTE: Aside from default, a on an actionable
summary judgment cannot be had in document
such proceedings, considering that no
judgment by stipulation of facts or Rule as to judgment by default
admission shall be rendered thereto)
GR: Every judgment by default
Q: May a plaintiff be declared in default? must be preceded by an order
of default;
Yes, as a general rule, he may be
declared in default for failure to file an ER: Section 5, Rule 29; Failure to
answer to a permissive counterclaim. comply with modes of
discovery, specifically on
However, as an exception, he cannot deposition, which states:
be declared in default for failure to
answer a compulsory counterclaim,
considering that matters raised therein
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
29.05. Failure of Party to Attend or
Serve Answers;
If a party or an officer or managing
agent of a party wilfully fails to appear
before the officer who is to take his or
her deposition, after being served with
a proper notice, or fails to serve
answers to interrogatories submitted
under Rule 25 after proper service of
such interrogatories, the court on
motion and notice, may strike out all
or any part of any pleading of that
party, or dismiss the action or
proceeding or any part thereof, or
enter a judgment by default against
that party, and in its discretion, order
him or her to pay reasonable expenses
incurred by the other, including
attorney's fees.

(NOTE: This is the ONLY instance

where a judgment by default is valid
despite no order of default prior
thereto)
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
RULE 10: It refers to any of the following which
AMENDED AND SUPPLEMENTAL has arisen SINCE THE DATE OF
PLEADINGS THE PLEADING TO BE
SUPPLEMENTED:
Amendment v. Supplement
1. Transactions;
10.01. Amendments in General; 2. Occurrences; or
Pleadings may be amended by adding or 3. Events
striking out an allegation or the name of any
party, or by correcting a mistake in the name (NOTE: In sum, amendments pertain
of a party or a mistaken or inadequate to presently available facts which can
allegation or description in any other respect, be changed. On the other hand,
so that the actual merits of the controversy supplements pertain to those which
may speedily be determined, without regard to merely arose after the pleading
technicalities, in the most expeditious and concerned)
inexpensive manner.
Q: When a pleading is amended or
It refers to the amendment of the supplemented, would the fact remain that
pleadings’: the amended pleading or supplemented
pleading still be considered as a judicial
1. Allegation: admission?
a. Adding;
b. Striking out; No, the amended or supplemented
c. Correcting if: pleading shall cease to be a judicial
i. Mistaken; or admission, considering that the facts
ii. Inadequate consisting in the prior pleading are
2. Name of any party: now changed.
a. Adding;
b. Striking out; Q: What then is the effect on the amended
c. Correcting mistake; or supplemented pleading, evidentiary
3. Description: wise?
a. Correcting if:
i. Mistaken; or The amended or supplemented
ii. Inadequate pleading shall be deemed as an
extrajudicial admission.
10.06. Supplemental Pleadings;
Upon motion of a party, the court may, upon Thus, as an extrajudicial admission,
reasonable notice and upon such terms as are proof is necessary.
just, permit him or her to serve a
supplemental pleading setting forth In contrast, if it is a judicial admission,
transactions, occurrences or events which proof is no longer necessary.
have happened since the date of the pleading
sought to be supplemented. The adverse party Amendments
may plead thereto within ten (10) calendar
days from notice of the order admitting the Q: Is an amendment available only to civil
supplemental pleading. cases?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
No it is available for both civil AND
criminal cases
Q: That amendment applies to both civil
and criminal cases, are they the same in
toto?
No. While they have the same
meaning, they differ in the concept of
substitution.
In a civil case, substitution of the
parties is allowed.
On the other hand, in criminal cases,
substitution of parties is NOT
allowed, what is being substituted in
criminal cases are pleadings. To wit:
110.14. Amendment or
substitution;
A complaint or information
may be amended, in form or
in substance, without leave of
court, at any time before the
accused enters his plea. After
the plea and during the trial, a
formal amendment may only
be made with leave of court
and when it can be done
without causing prejudice to
the rights of the accused.
However, any amendment
before plea, which
downgrades the nature of the
offense charged in or excludes
any accused from the
complaint or information, can
be made only upon motion by
the prosecutor, with notice to
the offended party and with
leave of court. The court shall
state its reasons in resolving
the motion and copies of its
order shall be furnished all
PJA
parties, especially the offended
party.
If it appears at any time before
judgment that a mistake has
been made in charging the
proper offense, the court
shall dismiss the original
complaint or information
upon the filing of a new one
charging the proper offense
in accordance with section 19,
Rule 119, provided the
accused shall not be placed in
double jeopardy. The court
may require the witnesses to
give bail for their appearance
at the trial.
Kinds of amendments
1. As to necessity of leave of court:
a. As a matter of right; or
b. Discretionary;
2. As to the nature of amendment:
a. Formal;
b. Substantial;
Amendment as a matter of right
10.02. Amendments as a Matter of Right;
A party may amend his pleading once as a
matter of right at any time before a responsive
pleading is served or, in the case of a reply, at
any time within ten (10) calendar days after it
is served.
Under this mode of amendment, the
party has the ABSOLUTE RIGHT to
amend his pleadings.
Requisites
a) Before a responsive pleading served;
and
b) Availed only once
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
Responsive pleading Thus, it is one which requires leave of
court, considering that it is
As it refers to a responsive pleading, discretionary
the right is available to:
Q: When can substantial amendments be
a) Plaintiff as to his complaint, done?
before answer served; or It may be done in the following
b) Defendant as to his answer, circumstances:
before service of reply
1. During availment of amendment
Q: Is a motion to dismiss a responsive as a matter of right;
pleading to which the amendment of a 2. With leave of court:
pleading as a matter of right shall be a. After responsive pleading
barred? has been filed; or
b. In case of a reply, after ten
No, it is NOT a responsive pleading. (10) days have elapsed
from receipt thereof
Thus, during the pendency of said
motion, the amendment is still Summary of availability of amendment
available.
MATTER OF WITH LEAVE
After the order of dismissal is served, RIGHT OF COURT
When availed Before service After service of
the right is still available within fifteen of responsive responsive
(15) days. pleading; or pleading
In case of a
However, after said fifteen (15) days, reply, within 10
the order has already become final and days from
receipt thereof
the right is no longer available.
Court’s duty Ministerial Discretionary
Amendment by leave of court What Formal and Formal and
amendments substantial substantial
10.03. Amendments by Leave of Court; allowed
Except as provided in the next preceding
Section, substantial amendments may be made Q: X, corporate treasurer of ABC, filed a
only upon leave of court. But such leave shall case in behalf of the latter against DEF, Y,
be refused if it appears to the court that the and Z, for annulment of mortgage over a
motion was made with intent to delay or parcel of land owned by entered into by
confer jurisdiction on the court, or the the president Y and secretary Z of ABC
pleading stated no cause of action from the with DEF. X claims that her signature was
beginning which could be amended. Orders falsified.
of the court upon the matters provided in this
Section shall be made upon motion filed in In answering, DEF moved to dismiss the
court, and after notice to the adverse party, case, and argued that nowhere in the
and an opportunity to be heard. pleading that it states the authority of X to
file the case, and that the case involves an
intra-corporate dispute considering that
he is filing the case for transactions
entered by its own officers.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
On the other hand, Y and Z denies the
falsification, and that they were actually
authorized to mortgage the property
owned by ABC.
ABC and X received the answers.
Thus, the complaint of ABC was
dismissed. However, it filed a Motion for
Reconsideration, and pending thereto,
filed a Motion to Admit Amended
Complaint, which the court denied. Did
the court correctly deny the motion?
(ANSWERING IN
ACCORDANCE TO NEW
RULES)
Yes, the court is correct. Under the
Rules, an amendment which seeks to
confer jurisdiction upon the court
shall be refused.
(NOTE: The ruling in Lisam
Enterprises, Inc. v. BDO states that
despite the amendment concerns
conferring jurisdiction upon the court,
it may be allowed by the court
considering that the case did not go to
trial yet, and by virtue of liberality
must be allowed, as it will further the
facilitation of justice.
The ruling no longer holds true,
considering that under the new Rules,
an amendment of such nature shall be
refused.
In effect, the ruling in Lisam is now
ineffective)
Q: Why is an amendment seeking to
confer jurisdiction upon the court
prohibited?
As from the start, the court has no
jurisdiction.
PJA
That it is without jurisdiction, it never
had jurisdiction over the original
complaint, and thus nothing is to be
amended
Amendments in relation to issues not
raised in the pleading
10.05. No Amendment Necessary to
Conform to or Authorize Presentation of
Evidence;
When issues not raised by the pleadings are
tried with the express or implied consent of
the parties, they shall be treated in all respects
as if they had been raised in the pleadings. No
amendment of such pleadings deemed
amended is necessary to cause them to
conform to the evidence.
Thus, as a rule, as long as the parties
consented to the trial of the issue not
appearing on the pleadings, no
amendment of the pleading is
necessary to conform to the
evidence.
Q: Why is amendment unnecessary in
case of issues tried with the consent of the
parties?
As under the new Rules, evidence is
already in the pleading.
Back then, it would be necessary to
amend as the evidence is not included
in the pleadings.
Supplemental pleadings
Q: Does it apply to criminal cases?
No, it does not apply to criminal
cases, unlike amendments. Thus:
Availability AMENDMENT SUPPLEMENT
Civil Yes Yes
Crim Yes NO
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
Q: A files an action for sum of money
against B, by virtue of loans incurred on
January, March, and December.

A filed the complaint, on October, with

respect to the January and March loans.

Eventually, on December, it became due.

What is A’s remedy?

He must supplement his pleading,

considering that the December loan’s
being due is a fact which transpired
after the complaint.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
RULE 11: Summary of periods to respond in relation
WHEN TO FILE RESPONSIVE to who files the pleading
PLEADINGS

Summary of periods in relation to days

ANSWER:
DAYS PLEADING CIRCUMSTANCE FROM GR: 30
Of Defendant Foreign Receipt DFJE + RA: 30 ANSWER TO PCC: 20
Juridical Entity (DFJE), of DFJE + OADT: 30 DFJE + RA: 30
summons Amendment: DFJE + OADT: 30
summons received by as a matter of right: 30 Amendment as a
government official by leave of court: 15 matter of right: 30
designated by law DFJE + Gov’t: 60
Notice Extraterritorial: 60 REPLY: 15
If extraterritorial service Unknown: 60 BOP: 10
ANSWER on a non-resident availed Summary Procedure: 10
60 REPLY: 15
Of defendant whose BOP: 10
identity/ whereabouts are
unknown REPLY:
15
General rule BOP: 10
ANSWER TO XC: 20
Of DFJE,
ANSWER
Amendment
summons received by TO PCC: 20
as a matter of right: 30
resident agent BOP: 10
by leave of court: 15

Of DFJE, REPLY: 15
Receipt BOP: 10
Summons received by any of
of the following within the summons
ANSWER Philippines:
30
1. Officer; ANSWER TO 3PC: 20 REPLY: 15 REPLY: 15
2. Agent; BOP: 10 BOP: 10
3. Directors; or Amendment
4. Trustees as a matter of right: 30
by leave of court: 15 ANSWER
To amendment as a Service of TO PCC: 20
matter of right amended BOP: 10 BOP: 10
complaint
To 3rd (4th, etc.) party Receipt
complaint of
summons
To CC Service of
ANSWER To XC pleading
20 To Supplemental Complaint Notice of
order
admitting
the same
ANSWER
To amendment by leave Notice of TO CII: 15
ANSWER of court order BOP: 10
To CII admitting
15 the same
REPLY Of party responding to an From
answer anchored on an service of
actionable document the
answer
BILL OF Of party against whom the From
PARTICUL bill of particulars is directed receipt of
10 ARS order
admitting
the same
ANSWER To complaint in Summary Service of
Procedure summons
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
RULE 12:
BILL OF PARTICULARS
Definition
In a civil case, it is the:
“…complementary procedural
document consisting of an
amplification or more
particularized outline of a
pleading, and is in the nature
of a more specific allegation of
the facts recited in the
pleading.”
On the other hand, in a criminal
case, it refers to:
PJA
To move for a definite
statement on any matter which is
lacking definiteness and particularity,
as to enable him to properly plead a
responsive pleading
How effected
Via a motion
When effected
It must be prior to the filing of the
responsive pleading
In case of a reply, to file a rejoinder, it
must be filed within 10 days from
service thereof.

“…further specification of the Requisites

charges or claims in an action,
which an accused may avail of The following must be done:
by motion before arraignment,
to enable him to properly 1. File a motion for bill of
plead and prepare for trial.” particulars:
a. Prior to filing his
In both cases, the general function is responsive pleading; or
to: b. In case of a reply, within
10 days from service
“…guard against surprises thereof
during trial” (Enrile v. 2. Shall indicate:
Sandiganbayan) a. Defects complained of;
b. Paragraphs where they are
Purpose contained; and
c. Details desired
12.01. When Applied for; Purpose;
Before responding to a pleading, a party may 12.02. Action by the Court;
move for a definite statement or for a bill of Upon the filing of the motion, the clerk of
particulars of any matter, which is not averred court must immediately bring it to the
with sufficient definiteness or particularity, to attention of the court, which may either deny
enable him or her properly to prepare his or or grant it outright, or allow the parties the
her responsive pleading. If the pleading is a opportunity to be heard.
reply, the motion must be filed within ten (10)
calendar days from service thereof. Such Thus, the court may do any of the
motion shall point out the defects complained following:
of, the paragraphs wherein they are contained,
and the details desired. 1. Outright:
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
a. Deny; or
b. Grant; or
2. Give parties opportunity to be
heard
Q: Sen X has been charged in the SB for
plunder.
In order to answer the offense charged
against him, X filed a Motion for Bill of
Particulars.
After hearing, however, the motion was
denied.
X now comes to the SC, arguing grave
abuse of discretion on the part of the SB,
considering that his motion should have
been granted as it is a ministerial duty. Is
X correct?
No, X is incorrect. A distinction must
be made between the act of resolving
and the resolution itself.
As a rule, a court cannot decline to
resolve a motion, as it is ministerial
upon it.
On the other hand, the resolution
itself, is discretionary upon the court.
Therefore, as a motion is within the
discretion of the judge to grant or
deny, it follows that a judgment of
denial is not grave abuse of discretion.
(Enrile v. Sandiganbayan)
(NOTE: A motion is under the
complete control of the court,
considering that it is within its powers
to resolve such and therefore may
grant or deny such motion)
Effect of granting
12.03. Compliance with Order;
PJA
If the motion is granted, either in whole or in
part, the compliance therewith must be
effected within ten (10) calendar days from
notice of the order, unless a different period is
fixed by the court. The bill of particulars or a
more definite statement ordered by the court
may be filed either in a separate or in an
amended pleading, serving a copy thereof on
the adverse party.
Period to comply
GR: Within 10 days from notice of
the order granting such
ER: Different period fixed by the
court
How complied
It may be complied by any of the
following:
1. Separate pleading; or
2. Amended pleading
Effect of non-compliance to an order for
bill of particulars
12.04. Effect of Non-Compliance;
If the order is not obeyed, or in case of
insufficient compliance therewith, the court
may order the striking out of the pleading or
the portions thereof to which the order was
directed, or make such other order as it deems
just.
Upon failure to comply, the court may
opt to do any of the following:
1. Striking out:
a. Pleading; or
b. Portion thereof; or
2. Other order as it deems just
12.05. Stay of Period to File Responsive
Pleading;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
After service of the bill of particulars or of a
more definite pleading, or after notice of
denial of his or her motion, the moving party
may file his or her responsive pleading within
the period to which he or she was entitled at
the time of filing his or her motion, which
shall not be less than five (5) calendar days in
any event.
After service of the bill of particulars,
or a more definite pleading, or after
notice of denial of the motion, he may
file his responsive pleading within the
period he is entitled at the time of
filing the motion.
In NO CASE, that it shall be less than
five (5) calendar days
12.06. Bill a Part of Pleading;
A bill of particulars becomes part of the
pleading for which it is intended.
The bill becomes part of the pleading
concerned
Effect of denial
If the motion has been denied, the
movant must file a responsive
pleading within the corresponding
balance of the thirty (30) day period
Q: Summons was served upon B on
January 10. Up to when can he file an
answer?
Until February 5
Q: Can he only file an answer?
No, he may move for a Bill of
Particulars as well within the same
period
Q: If B filed a Motion for Bill of
Particulars on January 10, but however
PJA
was denied on the same day, and a copy
of the denial was given on the same day,
until when can he file an answer?
He has twenty-five (25) days from the
denial of said motion.
That he filed a motion for Bill
of Particulars after five (5)
days from the receipt of
summons, effectively he only
has twenty-five (25) days out
of the thirty (30) days to file an
answer.
Q: Assume, that instead, he filed the
Motion for Bill of Particulars on February
4. It was denied. Will the filing of the
responsive pleading be until February 9,
considering that in no case shall the filing
of the responsive pleading be less than
five (5) days from the denial?
No, this cannot hold true.
Nowhere in the said facts that the
order denying the same has already
reached B.
That there is no showing as such, the
time to file a responsive pleading from
the denial shall not commence.
(NOTE: Always check if the order
has been received, otherwise, the
period would not commence)
Q: Assume, that instead, he filed the
Motion for Bill of Particulars on February
4.
It was denied, and the order was received
by B on March 10.
Up until when can he file a responsive
pleading considering that at the time he
filed the Motion, only 1 day remains?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
He may file the responsive pleading
within five (5) days from the order
denying the Motion.

Thus, he may file up until March 15

Q: B failed to file his responsive pleading

on March 15.

On March 20, he filed a Motion to Admit

Answer, arguing that he has fifteen (15)
days from the order of denial, and thus
can file his responsive pleading until
March 30, in line with the Fresh Period
Rule as held in Neypes v. CA.

Is B correct in invoking the Neypes

doctrine?

No, the Neypes doctrine does NOT

apply to an order of denial of a
motion for bill of particulars.

As such, he only has five (5) days

from the order of denial.

Other instances where Neypes doctrine

will not apply:

Aside from an order denying a motion

for bill of particulars, it also does not
apply in the following denials:

1. Motion to dismiss;
2. Motion to dismiss an interpleader
(Rule 62);

(NOTE: Thus, in the above cases, the

remaining balance of the period to file
a responsive pleading shall be the
basis of the period to file, which in no
case shall be less than five (5) days)
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
RULE 12:
FILING AND SERVICE OF
PLEADINGS, JUDGMENTS, AND
OTHER PAPERS
Filing v. Service
Filing is the act of presenting the
pleadings or other paper to the clerk
of court.
Service is the act of providing the
adverse party the copy of the pleading.
Effect of amendments
Rule 12 has been liberalized by
expanding the modes and manner of
filing and service
Modes of filing v. service
FILING SERVICE
Personal service
Registered mail
Accredited courier
Electronic mail or means
Facsimile
transmission
International
conventions
Ordinary mail
Substituted service
Conventional Filing and Service
Sec.14. Conventional service or filing of
orders, pleadings and other documents;
Notwithstanding the foregoing, the following
orders, pleadings, and other documents must
be served or filed personally or by registered
mail when allowed, and shall not be served or
filed electronically, unless express permission
is granted by the Court:
PJA
a) Initiatory pleadings and initial
responsive pleadings, such as an
answer;
b) Subpoenae, protection orders, and writs;
c) Appendices and exhibits to motions,
or other documents that are not
readily amenable to electronic
scanning may, at the option of the
party filing such, be filed and served
conventionally; and
d) Sealed and confidential documents or
records
Conventional
This term refers to those pleadings or
other court processes which
CANNOT be served or filed
electronically.
Under this provision it may only be
allowed to be served or filed via:
1. Personally; or
2. Registered mail, when allowed
However, as an exception, electronic
filing may be allowed if the Court gave
its express permission. Hence the rule
is as follows:
GR: Personal; or
Registered mail, if
allowed
ER: Electronically, if the
Court expressly
permitted
Orders, pleadings, and other documents
to be filed and served conventionally
The following can only be served
personally or by registered mail:
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
1. Initiatory pleadings;
2. Initial responsive pleadings (e.g.
answer);
3. Subpoenae;
4. Protection orders;
5. Writs;
6. Sealed and confidential
documents;
7. Sealed and confidential records
8. Optional to party who will file:
a. Appendices to motions;
and
b. Exhibits to motions;
c. Documents that are not
readily amenable to
electronic scanning
Q: Are all of the above documents
mandatorily to be conventionally filed and
served?
No, as to with appendices and exhibits
to motion, and those documents
which are not readily amenable to
electronic scanning, the party filing
may opt to resort to conventional
filing.
However, it is merely optional
Filing
13.03. Manner of filing;
The filing of pleadings and other court
submissions shall be made by:
a) Submitting personally the original
thereof, plainly indicated as such,
to the court;
b) Sending them by registered mail;
c) Sending them by accredited
courier; or
d) Transmitting them by electronic
mail or other electronic means as
may be authorized by the Court in
places where the court is
electronically equipped.
PJA
In the first case, the clerk of court shall
endorse on the pleading the date and hour of
filing. In the second and third cases, the
date of the mailing of motions, pleadings, and
other court submissions, and payments or
deposits, as shown by the post office stamp
on the envelope or the registry receipt, shall
be considered as the date of their filing,
payment, or deposit in court. The envelope
shall be attached to the record of the case. In
the fourth case, the date of electronic
transmission shall be considered as the
date of filing.
How pleadings and other court
submissions filed
1) Personal filing;
2) By registered mail;
3) By accredited courier; or
4) By electronic mailing/means
Other court submissions
Any paper filed with the court other
than a motion or pleading, which do
NOT seek relief from the court.
Examples are entry of appearance,
manifestations, etc.
Date of receipt
“In the first case (personal service),
the date of filing is the date of receipt.
In the second case (registered mail),
the date of mailing is the date of
receipt.
xxx
It is established jurisprudence that
“the date of delivery of pleadings to a
private letter-forwarding agency
(accredited courier) is not to be
considered as the date of filing thereof
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
in court,” instead “the date of actual
receipt by the court is deemed the date
of filing of that pleading.” (Heirs of
Numeriano Miranda, Sr.
Miranda)
In the case of electronic mailing or
means, the date of receipt shall be the
date of electronic transfer.
MANNER DATE OF RECEIPT
Personal Service Date of filing
Registered Mail Date of mailing
Accredited Courier Date of actual receipt
Electronic Date of electronic transfer
Mailing/Means
Discrepancy
Notice this portion provided under
the provision:
“In the second and third
cases, the date of the mailing
of motions, pleadings, and
other court submissions, and
payments or deposits, as
shown by the post office
stamp on the envelope or the
registry receipt, shall be
considered as the date of their
filing, payment, or deposit in
court.”
The second and third cases refers to
filing by registered mail and by
accredited courier, respectively.
Observe that the post office stamp on
the envelope or the registry receipt
shall be considered the date of filing.
However, said stamp cannot appear
on when it is made via accredited
courier, as the latter does not operate
through the post office, nor are there
any registry receipts to prove the
same.
PJA
Hence, the ruling in the Heirs of
Numeriano Miranda that in case of
a private courier, the date of filing
v. shall be the date of actual receipt, is
the controlling rule.
Accredited courier
It is a private courier (e.g. LBC) which
must be accredited.
Hence, the fact of the availment via a
private courier is not sufficient, as it
must be accredited first
Requisites of electronic mailing/means
The provision provides for such
requisites, as follows:
1) Must be authorized by the Court;
and
2) That the court must be
electronically equipped
(NOTE: Observe that under the first
requisite, the amendment stated the
Court, then this may mean that the
authority shall come from the
Supreme Court)
Date of electronic transmission
It is the actual moment when the send
button has been pressed.
In this wise, Dean Mawis advised the
following:
1) Take images of such sending;
2) Save a copy of the sent mail which
includes the details thereof
Q: Would a filing through FaceBook or
Viber suffice?
While there is no definite ruling on it
yet, Dean Mawis reminded that the
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
provision provides that it is the court
who must be well equipped, and NOT
the court staff
Q: Can all pleadings and other court
submissions resort to availing filing by
accredited courier or electronic mailing?
No, as there are those which must be
conventionally filed, meaning only
personally or through registered mail
only, these are as follows:
1. Initiatory pleadings
2. Initial responsive pleadings (e.g.
answer)
3. Sealed and confidential documents
or records; and
4. Optional to party filing:
a. Appendices and exhibits
to motions; or
b. Documents which are not
readily amenable to
electronic scanning
Modes of Service
Sec.5. Modes of Service;
Pleadings, motions, notices, orders,
judgments, and other court submissions
shall be served personally or by registered
mail, accredited courier, electronic mail,
facsimile transmission, other electronic
means as may be authorized by the Court,
or as provided for in international
conventions to which the Philippines is a
party.
How pleadings, motions, notices, orders,
judgments, and other court submissions
served
It may be done via the following:
1) Personal service;
2) Registered mail;
3) Accredited courier;
PJA
4) Electronic mail, facsimile
transmission, or other electronic
means as may be authorized by
the Court;
5) As provided in international
conventions to which the
Philippines is a party;
6) Ordinary mail (Sec.7); or
7) Substituted service (Sec.8)
Q: Can all pleadings, motions, notices,
orders, judgments, and other court
submissions be served through electronic
mail?
No, the following must be filed
conventionally, hence personally or via
registered mail:
1. Initiatory pleadings;
2. Initial responsive pleadings (e.g.
answer);
3. Subpoenae;
4. Protection orders;
5. Writs;
6. Sealed and confidential
documents;
7. Sealed and confidential records
8. Optional to party who will file:
a. Appendices to motions;
and
b. Exhibits to motions
c. Documents that are not
readily amenable to
electronic scanning
Personal service
Sec.6. Personal Service;
Court submissions may be served by
personal delivery of a copy to the party or to
the party’s counsel, or to their authorized
representative named in the appropriate
pleading or motion, or by leaving it in his or
her office with his or her clerk, or with a
person having charge thereof. If no person is
found in his or her office, or his or her office
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
is not known, or he or she has no office, then
by leaving the copy, between the hours of
eight in the morning and six in the evening, at
the party's or counsel's residence, if known,
with a person of sufficient age and discretion
residing therein.
Who may receive court submissions if
residence/office known
The following persons may receive
court submissions:
1) Party him/herself;
2) Counsel;
3) Authorized representative named
in the pleading or motion;
4) Office:
a. His or her clerk; or
b. Person having charge
thereof
Q: At what time should the above be
served?
The provision did not provide for a
specific time, hence it can be served at
any time within the day.
Who may receive court submissions if no
person was found in the office, or office
was not known, or person has no office
It may be received by a person in the
party’s or counsel’s residence, who
must possess the following:
1) Sufficient age;
2) Discretion; and
3) Resident therein
Q: At what time may the above be served?
The provision provides that in case of
the above, it must be served between
8:00am and 6:00pm
PJA
Service by registered or ordinary mail
Sec.7. Service by mail;
Service by registered mail shall be made by
depositing the copy in the post office, in a
sealed envelope, plainly addressed to the party
or to the party’s counsel at his or her office,
if known, otherwise at his or her residence, if
known, with postage fully pre-paid, and with
instructions to the postmaster to return the
mail to the sender after ten (l0) calendar days
if undelivered. If no registry service is
available in the locality of either the sender or
the addressee, service may be done by
ordinary mail.
Nothing has been changed in the
above provision
Ordinary mail
It may be resorted to if there is no
registry service available in the locality
of either the sender or the addressee
Q: Why is there no ordinary mail in cases
of filing?
Because of the prescriptive periods of
filing.
By this mode, it is comparatively
slower than the others, and it may so
happen that at the time the pleading
has been filed, the prescriptive period
has already expired.
Substituted service
Sec.8. Substituted service;
If service of pleadings, motions, notices,
resolutions, orders and other papers cannot
be made under the two preceding sections,
the office and place of residence of the party
or his or her counsel being unknown, service
may be made by delivering the copy to the
clerk of court, with proof of failure of both
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
personal service and service by mail. The
service is complete at the time of such
delivery.
Nothing has been changed in the
above provision
Requisites
1) Service cannot be made either
personally or by registered mail;
2) The office and place of residence of
the party and counsel are unknown;
and
3) Proof of failure of both above
mentioned modes of service
Q: To whom delivered?
To the clerk of court
When service complete
At the time of delivery to the clerk of
court
Q: Is there a substituted service of
judgments?
No, as considering that it emanates
from the court, prompt receipt must
be ensured
Service by electronic means and facsimile
Sec.9. Service by electronic means and
facsimile;
Service by electronic means and facsimile
shall be made if the party concerned
consents to such modes of service.
Service by electronic means shall be made
by sending an e-mail to the party’s or
counsel’s electronic mail address, or
through other electronic means of
transmission as the parties may agree on,
or upon direction of the court.
PJA
Service by facsimile shall be made by
sending a facsimile copy to the party’s or
counsel’s given facsimile number.
Requisites
In this provision, an additional
requisite has been laid down:
1) Authorized by the Court;
2) That the court is electronically
equipped; and
3) Parties consented to such mode of
service
How made
It may be done by sending the party
or counsel:
1) E-mail to electronic mail address;
2) Through other electronic means
of transmission:
a. As agreed by the parties;
or
b. Upon direction of the
court
In case of facsimile, it shall be done by
sending a facsimile copy to the party’s
or counsel’s given facsimile number
Mawis tips
In case of a law firm, assume that a
lawyer has resigned and said lawyer
gave his e-mail address for the case he
was originally handling.
The said situation would result in
confusion.
What would be advisable is to have a
main e-mail address which handling
lawyers will use.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
In this case, e-mails would be
centralized and confusion may be
avoided.
Presumptive service
Sec.10. Presumptive service;
There shall be presumptive notice to a
party of a court setting if such notice
appears on the records to have been
mailed at least twenty (20) calendar days
prior to the scheduled date of hearing and
if the addressee is from within the same
judicial region of the court where the case
is pending, or at least thirty (30) calendar
days if the addressee is from outside the
judicial region.
This is a new provision which may be
used strategically. It would that it is
made available in order to expedite the
case, which is consistent with the aim
of these amendments
Requisites
1) Notice appears on the record;
2) Such record show that it was mailed at
least:
a. 20 days, if the addressee is
within the same judicial
region; or
b. 30 days, if the addressee is
outside the judicial region
Q: On the day of trial on 31 March 2020,
Atty. X, arrived in RTC Makati..
However, Atty. Y, from Makati City as
well, did not arrive.
Atty. X went to the clerk and asked for the
records, and it appeared that the notice of
hearing was mailed on 10 March 2020.
Due to such, Atty. X said to the court
“Your Honor, I would like to move for the
presentation of our evidence ex parte, as
PJA
there is already a presumptive service.” Is
there a presumptive service?
Yes, that the court and the addressee
are in the same judicial region, there is
already a presumptive service.
There has already been a lapse of 21
days from 10 March 2020, hence the
20 day requirement was already met.
Q: On the day of trial on 31 March 2020,
Atty. X, arrived in RTC Makati.
However, Atty. Y, from Baguio City, did
not arrive.
Atty. X went to the clerk and asked for the
records, and it appeared that the notice of
hearing was mailed on 10 March 2020.
Due to such, Atty. X said to the court
“Your Honor, I would like to move for the
presentation of our evidence ex parte, as
there is already a presumptive service.” Is
there a presumptive service?
No, there is no presumptive service,
as the court and the addressee were
not from the same judicial region.
In such a case, 30 days should have
passed before a presumptive service
may be availed of.
As there are only 21 days since the
mailing, it did not meet the required
number of days.
Q: Is there a presumptive service of
summons?
No, there is no such counterpart
under Rule 14.
This is more in line with the purpose
of summons, considering that there
are requirements to be followed in
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
order for jurisdiction be acquired by
the summons.
Sec.11. Change of electronic mail address
or facsimile number;
A party who changes his or her electronic
mail address or facsimile number while
the action is pending must promptly file,
within five (5) calendar days from such
change, a notice of change of e-mail
address or facsimile number with the
court and serve the notice on all other
parties.
Service through the electronic mail
address or facsimile number of a party
shall be presumed valid unless such party
notifies the court of any change, as
aforementioned.
Q: What should be filed in the court where
the case is pending by a party in case he
changes his e-mail address or facsimile
number?
He should file a notice of change of
e-mail address or facsimile number
Q: To whom said notice must it be
served?
It must be served on all other parties
Effect of failure to file notice in court
Any service through the former e-mail
address or facsimile number shall be
presumed valid
Sec.12. Electronic mail and facsimile
subject and title of pleadings and other
documents;
The subject of the electronic mail and
facsimile must follow the prescribed
format: case number, case title and the
pleading, order or document title. The
title of each electronically-filed or served
PJA
pleading or other document, and each
submission served by facsimile shall
contain sufficient information to enable
the court to ascertain from the title:
a) the party or parties filing or serving
the paper,
b) nature of the paper,
c) the party or parties against whom
relief, if any, is sought, and
d) the nature of the relief sought.
The requirements merely require that
the prescribed format shall be
followed, and that the addressee can
readily ascertain the aforementioned
requirements.
While it may be new, court processes
are already required to have such facts.
Sec.13. Service of Judgments, Final Orders
or Resolutions;
Judgments, final orders, or resolutions shall be
served either personally or by registered mail.
Upon ex parte motion of any party in the
case, a copy of the judgment, final order,
or resolution may be delivered by
accredited courier at the expense of such
party. When a party summoned by
publication has failed to appear in the action,
judgments, final orders or resolutions against
him or her shall be served upon him or her
also by means of publication at the expense of
the prevailing party.
How judgments, final order, or resolutions
served
It may be served by any of the
following:
1) Personal service;
2) By registered mail;
3) By accredited courier;
4) By publication
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
Q: If the addressee’s locality do not have a
registry service available, can ordinary
mail be resorted to?
No, ordinary mail cannot be availed to
in this case
Requisites of service by accredited courier
1) An ex parte motion, filed by the party
who wants to avail;
2) Said party must pay the expense
Requisites of service by publication
1) Party was previously summoned by
publication;
2) Said party failed to appear;
3) The prevailing party must pay the
expenses
Q: Can all judgments, final order, or
resolutions be served via electronic mail?
No, as the following must be served
conventionally via personal service or
registered mail:
1. Subpoenae;
2. Protection orders;
3. Writs;
(NOTE: According to Dean Mawis,
in her own opinion, judgments which
are final should be served personally,
considering that it is final.
It may be based on the fact that if
initiatory pleadings must be filed
personally, which begins the action,
why should final orders, which is the
ending of an action, not be treated in
the same manner?)
Q: Is there a substituted service of
judgments, final orders, or resolutions?
No, it does not apply
PJA
Summary of availability of modes of
service
1. General rule:
a. Personal;
b. Registered mail;
c. Accredited courier;
d. Electronic mail or means
e. Other means as authorized by
the court;
f. Facsimile transmission;
g. International conventions;
h. Ordinary mail; and
i. Substituted service
2. Conventional service of
initiatory pleadings and initial
responsive pleadings, such as
an answer, subpoenae,
protection orders, and writs,
appendices and exhibits to
motions, or other documents
that are not readily amenable to
electronic scanning may, at the
option of the party filing such,
be filed and served
conventionally, and sealed and
confidential documents or
records:
a. Personal;
b. Registered mail, when allowed;
c. Electronic, IF the Court gave
its express permission
3. Judgments, final orders, or
resolutions:
a. Personal;
b. Registered mail;
c. Accredited courier, upon ex
parte motion; or
d. Publication, if defendant
summoned by publication and
failed to appear
(NOTE: See to it that numbers 2 and
3 are exceptions to the general rule.)
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
Q: XYZ, during the trial of the case, filed service is not effective or complete if the
and served an omnibus motion via LBC, a party serving the document learns that it
private courier. did not reach the addressee or person to
be served.
Is the filing and service valid?
Service by facsimile transmission is
Yes, it is a mode recognized under our complete upon receipt by the other party,
Rules. as indicated in the facsimile transmission
printout.
(NOTE: Thus the ruling in Palileo v.
Planters Development Bank, in When service deemed completed
which Justice Del Castillo stated the
following, no longer holds true: MODE WHEN DEEMED
COMPLETE
“Indeed, its filing or service of Personal service Upon actual delivery
a copy thereof to petitioners Registered mail Whichever is earlier:
by courier service cannot be
trivialized. Service and filing of Upon actual receipt by
pleadings by courier service is addressee; or
a mode not provided in the
After 5 days from the date
Rules.”) of receipt of postmaster’s
1st notice
Completeness
Ordinary mail GR: Upon expiration
Sec.15. Completeness of service; of 10 days after
mailing
Personal service is complete upon actual
delivery. Service by ordinary mail is complete ER: The court
upon the expiration of ten (10) calendar days provides
after mailing, unless the court otherwise otherwise, for a
provides. Service by registered mail is different period
complete upon actual receipt by the Accredited courier Whichever is earlier:
addressee, or after five (5) calendar days
from the date he or she received the first Upon actual receipt by
notice of the postmaster, whichever date is addressee; or
earlier. Service by accredited courier is
Upon expiration of 5 days
complete upon actual receipt by the after the 1st attempt to
addressee, or after at least two (2) deliver
attempts to deliver by the courier service,
or upon the expiration of five (5) calendar Electronic service At the time of electronic
days after the first attempt to deliver, transmission; or
At the time the electronic
whichever is earlier. notification of service is
sent, if available
Electronic service is complete at the time Facsimile Upon receipt by the party
of the electronic transmission of the as indicated in the
document, or when available, at the time facsimile transmission
printout
that the electronic notification of service
of the document is sent. Electronic
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
Q: Defendant Y, after sending an email
containing his reply to Plaintiff X, almost
immediately received a message from the
site that he used that there was failure to
send his message. Considering that it was
electronically transmitted upon the
pressing of the send button, is the service
complete?
No, as an exception, there is no
completed service even if electronic
transmission has been done if the
party learns that it did not reach the
addressee or person to be served.
Basis for completeness of service through
facsimile
That date indicated in the facsimile
transmission printout
PROOF OF FILING AND SERVICE
Sec.16. Proof of filing;
The filing of a pleading or any other court
submission shall be proved by its existence
in the record of the case.
a) If the pleading or any other court
submission is not in the record, but
is claimed to have been filed
personally, the filing shall be proven
by the written or stamped
acknowledgment of its filing by the
clerk of court on a copy of the
pleading or court submission;
b) If the pleading or any other court
submission was filed by registered
mail, the filing shall be proven by
the registry receipt and by the affidavit
of the person who mailed it,
containing a full statement of the date
and place of deposit of the mail in the
post office in a sealed envelope
addressed to the court, with postage
fully prepaid, and with instructions to
the postmaster to return the mail to
PJA
the sender after ten (10) calendar
days if not delivered.
c) If the pleading or any other court
submission was filed through an
accredited courier service, the
filing shall be proven by an
affidavit of service of the person
who brought the pleading or other
document to the service provider,
together with the courier’s official
receipt and document tracking
number.
d) If the pleading or any other court
submission was filed by electronic
mail, the same shall be proven by
an affidavit of electronic filing of
the filing party accompanied by a
paper copy of the pleading or other
document transmitted or a written
or stamped acknowledgment of its
filing by the clerk of court. If the
paper copy sent by electronic mail
was filed by registered mail,
paragraph (b) of this Section
applies.
If the pleading or any other court
submission was filed through other
authorized electronic means, the same
shall be proven by an affidavit of
electronic filing of the filing party
accompanied by a copy of the electronic
acknowledgment of its filing by the court.
Sec.17. Proof of service;
Proof of personal service shall consist of a
written admission of the party served, or the
official return of the server, or the affidavit of
the party serving, containing a statement of
the date, place, and manner of service. If the
service is made by:
a) Ordinary mail. – Proof shall consist of
an affidavit of the person mailing
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
stating the facts showing compliance mailed it;
with Section 7 of this Rule.
Accredited courier 1. Affidavit of the
person who
b) Registered mail. – Proof shall be made brought the
by the affidavit mentioned above pleading or other
and the registry receipt issued by the document to the
mailing office. The registry return card service provider;
2. Courier’s official
shall be filed immediately upon its receipt; and
receipt by the sender, or in lieu 3. Tracking
thereof, the unclaimed letter together number
with the certified or sworn copy of the
notice given by the postmaster to the Electronic mail 1. Affidavit of
addressee. electronic filing
of the filing
party; and
c) Accredited courier service. – Proof 2. Paper copy of
shall be made by an affidavit of the pleading or
service executed by the person who other document
brought the pleading or paper to transmitted;
the service provider, together with or
the courier’s official receipt or
document tracking number. Written or
stamped
acknowledgment
Electronic mail, facsimile, or other of its filing by
authorized electronic means of the CoC.
transmission. – Proof shall be made by an
affidavit of service executed by the person Other authorized 1. Affidavit of
electronic means electronic filing
who sent the e-mail, facsimile, or other
of the filing
electronic transmission, together with a party; and
printed proof of transmittal. 2. Copy of the
electronic
Common denominator acknowledgment
of its filing by
the court.
Both filing and service, to be proved,
involves affidavits Requisites of affidavit of person who
mailed via registered mail
How filing proved
It shall comply with the following:
MODE PROOF
Personal filing (but Written or stamped
does not appear on the acknowledgment by the 1. Full statement of the date and
record) clerk of court (CoC) of its place of the deposit of mail in the
filing, on a copy of the post office
pleading or court 2. In a sealed envelope;
submission
3. Addressed to the court;
Registered mail 1. Registry receipt; 4. With postage fully prepaid; and
and 5. With instruction to the postmaster
2. Affidavit of to return the mail to the sender
person who after 10 days if not delivered
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA

How service proved

MODE PROOF
Personal service Written admission of
party served; or

Official return of the

server; or

Affidavit of party serving

Registered mail Affidavit of person who
mailed it;

Accredited courier 1. Affidavit of the

person who
brought the
pleading or other
document to the
service provider;
2. Courier’s official
receipt; and
3. Tracking
number

Electronic mail 1. Affidavit of

electronic filing
of the filing
party; and
2. Paper copy of
the pleading or
other document
transmitted;

or

Written or
stamped
acknowledgment
of its filing by
the CoC.

Other authorized 1. Affidavit of

electronic means electronic filing
of the filing
party; and
2. Copy of the
electronic
acknowledgment
of its filing by
the court.
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RULE 14:
SUMMONS
Definition
It is a writ or a process of the court
mandating the attendance of the
defendant in an action.
It is for purposes of acquiring
jurisdiction over the person of the
defendant.
Summons v. summonses
Summons is the singular form, while
summonses is the plural form
Q: Why is it relevant to know whether it is
in the singular or plural form?
In order to determine the number of
defendants
Q: A filed a case against XYZ, summons
was served upon the latter on 1 March.
Until when can he file his responsive
pleading?
He can file the case until April 1
Q: A filed a case against X, Y, and Z, and
summonses were served upon the latter on
5, 10, and 15 March, respectively. Until
when can they file their responsive
pleadings?
X can file until 5 April, while Y can
file until 10 April, and finally for Z up
until 15 April
(NOTE: In sum, the singular or
plural form determines the number of
the summons, which is crucial in the
determination of the period to
respond)
PJA
VALIDITY OF SUMMONS
14.04. Validity of summons and issuance
of alias summons;
Summons shall remain valid until duly served,
unless it is recalled by the court. In case of
loss or destruction of summons, the court
may, upon motion, issue an alias summons.
There is failure of service after unsuccessful
attempts to personally serve the summons on
the defendant in his or her address indicated
in the complaint. Substituted service should
be in the manner provided under Section 6 of
this Rule.
Thus, the rule is as follows:
GR: Valid until duly served;
ER: Recalled by the court
Q: What are alias summons?
It is any summons issued other than
the initially issued summons.
It is issued by virtue of the following
grounds, relating to the initial
summons’:
1. Loss; or
2. Destruction
WHO CAN SERVE SUMMONS
General rule
14.03. By whom served;
The summons may be served by the sheriff,
his or her deputy, or other proper court
officer, and in case of failure of service of
summons by them, the court may authorize
the plaintiff - to serve the summons - together
with the sheriff.
In cases where summons is to be served
outside the judicial region of the court where
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
the case is pending, the plaintiff shall be
authorized to cause the service of summons.
If the plaintiff is a juridical entity, it shall
notify the court, in writing, and name its
authorized representative therein, attaching a
board resolution or secretary’s certificate
thereto, as the case may be, stating that such
representative is duly authorized to serve the
summons on behalf of the plaintiff.
If the plaintiff misrepresents that the
defendant was served summons, and it is later
proved that no summons was served, the case
shall be dismissed with prejudice, the
proceedings shall be nullified, and the plaintiff
shall be meted appropriate sanctions.
If summons is returned without being served
on any or all the defendants, the court shall
order the plaintiff to cause the service of
summons by other means available under the
Rules.
Failure to comply with the order shall cause
the dismissal of the initiatory pleading without
prejudice.
Thus, the rule under this provision is
as follows, depending on the
whereabouts of the defendant in
comparison with the judicial region
where the case is pending:
1. Within judicial region:
a. Sheriff;
i. His or her deputy;
b. Other proper court officers; or
c. Plaintiff + Sheriff, in case of
failure to serve by the above
2. Outside judicial region:
a. Plaintiff, as authorized by the
court
Q: What is the role of the sheriff in case
the plaintiff is authorized to serve the
summons?
PJA
The sheriff shall execute the returns
Q: Can the juridical entity itself serve the
summons?
No, as it legally impossible for it to do
so.
In case of juridical entities, it shall
name its representative by doing the
following:
1. Notification in writing;
2. Attaching:
a. Board resolution; or
b. Secretary’s certificate;
3. Statement that said person is duly
authorized to serve the summons
Effect if summons returned without being
served on any or all defendants
Court shall order the plaintiff to cause
the service of summons by other
means available
Sanctions under this provision
CIRCUMSTANCE EFFECT
Misrepresentation Dismissal WITH
that summons were prejudice
served
Proceedings nullified
Appropriate
sanctions
Failure to comply Dismissal of initiatory
with order of pleading WITHOUT
serving summons prejudice
by other means
Prisoner
14.08. Service upon prisoners;
When the defendant is a prisoner confined in
a jail or institution, service shall be effected
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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upon him or her by the officer having the
management of such jail or institution who is
deemed as a special sheriff for said purpose.
The jail warden shall file a return within
five (5) calendar days from service of
summons to the defendant.
Thus, the jail warden shall serve the
summons as a special sheriff
Q: Is there a need for the warden to be
authorized as a special sheriff by the court
before he can serve such summons?
No, it is not needed
Special appearance in case of allegedly
improperly served summons
14.13. Duty of counsel of record;
Where the summons is improperly served and
a lawyer makes a special appearance on behalf
of the defendant to, among others, question
the validity of service of summons, the
counsel shall be deputized by the court to
serve summons on his or her client.
Q: Atty. X, counsel of A, questioned the
validity of the summons served against his
client.
What will the court do?
The court shall deputize Atty. X to
serve summons upon A
(NOTE: In explaining so, Atty.
Tranquil Salvador tagged this
provision as “Wala nang takas! Na serve
pa din summons eh”)
Summary of person who may serve
summons
The following may serve summons:
1. Within judicial region:
PJA
a. Sheriff;
i. His or her deputy;
b. Other proper court officers; or
c. Plaintiff + Sheriff, in case of
failure to serve by the above
2. Outside judicial region:
a. Plaintiff, as authorized by the
court;
3. Jail warden, as a special sheriff, in
case of service upon prisoners;
4. Counsel; In case of a special
appearance questioning the
validity of the service of summons
MODES OF SERVICE OF SUMMONS
The following are the modes of
service of summons:
1. Service in person on defendant;
2. Substituted;
3. Publication;
4. Extraterritorial; and
5. Others allowed under
international conventions
Service in person on defendant
Sec.5. 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.
Q: Considering that it is personally
handed over the defendant, is it the same
as “personal service” in filing and service?
No, “personal service” applies only to
filing and service under Rule 13.
In case of summons, the proper term
is “service in person on defendant”
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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Ways of serving in person on defendant
There are two ways under this mode:
1. Handing over the summons; and
2. Tender
Tender
In order to be resorted to, the
following shall concur:
1. The defendant is informed that he
or she is being served;
2. Defendant’s refusal to sign and
receive; and
3. Leaving the summons:
a. Within the view; and
b. In the presence of the
defendant
Q: Is it required that handing or tender be
done in the residence of the defendant?
No, as no such requirement appears in
the provision
Q: A files a case against Spouses B and C,
for partition of real property under Rule
69.
B and C are non-resident citizens, as they
are US residents. However, B from time to
time flies to the Philippines, as he works
in Ermita as a lawyer.
Summons were served personally upon B
during the time when he was here.
B however, refused to receive the
summons for her wife C. As such, the
sheriff tendered the summons within the
view and presence of B.
Was summons properly served?
PJA
No, Rule 69 as an action quasi in rem
requires extraterritorial service of
summons.
Under extraterritorial service, only the
following may be done:
1. Service in person;
2. Publication;
3. International conventions; or
4. Other means as the court may
deem sufficient
There is NO tender of summons
available for extraterritorial service of
summons. (Valmonte v. CA)
(NOTE: Further, under the new
Rule, spouses need be served
individually their summons.
Thus, the facts of the case would still
be resolved in favor of the spouses if
it had transpired at present)
Substituted service
Sec.6. Substituted service;
If, for justifiable causes, the defendant cannot
be served personally after at least three (3)
attempts on two (2) different dates, service
may be effected:
a) By leaving copies of the summons at
the defendant's residence to a person
at least eighteen (18) years of age
and of sufficient discretion residing
therein;
b) By leaving copies of the summons at
the defendant's office or regular place
of business with some competent
person in charge thereof. A
competent person includes, but is
not limited to, one who
customarily receives
correspondences for the defendant;
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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.
Crucial point in substituted service
In order to be valid, it must first be
proven that there was an attempt to
serve the summons in person on
defendant (Manotoc v. CA)
Requisites
The following must conquer:
1. That there is a failure to serve in
person on defendant on:
a. At least 3 attempts;
b. On 2 different dates;
Q: Can a security guard receive
summons?
Yes, under the new Rules a security
may receive summons PROVIDED
that he regularly receives
correspondence
Q: Is it necessary that there is a strict
compliance in case of receipt of
summons?
No, as substantial compliance may
be allowed if the following requisites
concur:
PJA
1. Actual receipt of summons by the
person (who should not have
received it considering he is not
enumerated) served;
2. Said person must sign a receipt or
the returns; and
3. There was actual receipt by the
corporation (actual person
intended to receive the summons)
(Millenium Industrial
Commercial Corporation v.
Tan)
Publication
14.14. Service upon foreign private
juridical entities;
xxx
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:
xxx
(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; x x x
14.16. Service upon defendant whose
identity or whereabouts are unknown;
In any action where the defendant is
designated as an unknown owner, or the like,
or whenever his or her whereabouts are
unknown and cannot be ascertained by
diligent inquiry, within ninety (90) calendar
days from the commencement of the
action, service may, by leave of court, be
effected upon him or her by publication in a
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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newspaper of general circulation and in such
places and for such time as the court may
order.
14.17. Extraterritorial Service;
When the defendant does not reside and is
not found in the Philippines, and the action
affects the personal status of the plaintiff or
relates to, or the subject of which is, property
within the Philippines, in which the defendant
has or claims a lien or interest, actual or
contingent, or in which the relief demanded
consists, wholly or in part, in excluding the
defendant from any interest therein, or the
property of the defendant has been attached
within the Philippines, service may, by leave
of court, be effected out of the Philippines by
personal service as under Section 6; or as
provided for in international conventions to
which the Philippines is a party; or by
publication in a newspaper of general
circulation in such places and for such time as
the court may order, in which case a copy of
the summons and order of the court shall be
sent by registered mail to the last known
address of the defendant, or in any other
manner the court may deem sufficient. Any
order granting such leave shall specify a
reasonable time, which shall not be less than
sixty (60) calendar days after notice, within
which the defendant must answer.
14.18. Residents temporarily out of the
Philippines;
When any action is commenced against a
defendant who ordinarily resides within the
Philippines, but who is temporarily out of it,
service may, by leave of court, be also effected
out of the Philippines, as under the preceding
Section.
When available
It can be availed of in the following
instances:
1. Upon FPJE;
PJA
2. Upon defendant with unknown:
a. Identity; or
b. Whereabouts;
3. Extraterritorial service upon a
non-resident defendant;
4. Upon resident temporarily out of
the Philippines
(NOTE: Take note however, that in
case of an extraterritorial service, it
would seem that it can only be availed
of if the action is in rem or quasi in rem,
as declared by jurisprudence.
On this point, Atty. Riguera said that
the interpretation is problematic. In
his opinion, the basis should be
whether or not the action falls under
the cases stated in Sec. 17)
Requisites
In order to be availed of, the
following must concur:
1. It should be made only in the
instances stated above;
2. Application for leave:
a. To effect service of summons
by publication;
b. Through motion in writing;
c. Affidavit:
i. Set forth the grounds
for application
3. Order for Publication granting the
leave;
4. Copy of summons AND order for
publication:
a. Deposited in the post office;
b. With postage prepaid;
c. Directed by registered mail
to defendant’s last known
address
5. Proof of service by way of
affidavits
Extraterritorial service
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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14.17. Extraterritorial Service; a. Personal status of plaintiff; or
When the defendant does not reside and is b. Property within the
not found in the Philippines, and the action Philippines:
affects the personal status of the plaintiff or i. Defendant has or
relates to, or the subject of which is, property claims an interest; or
within the Philippines, in which the defendant ii. Relief demanded
has or claims a lien or interest, actual or consist of excluding
contingent, or in which the relief demanded defendant from any
consists, wholly or in part, in excluding the interest thein
defendant from any interest therein, or the c. Property of defendant has
property of the defendant has been attached been attached within the
within the Philippines, service may, by leave Philippines
of court, be effected out of the Philippines by
personal service as under Section 6; or as Q: Is the effecting of extraterritorial
provided for in international conventions to service of summons to vest jurisdiction
which the Philippines is a party; or by upon the party-defendant?
publication in a newspaper of general
circulation in such places and for such time as No, it is for the purpose of acquiring
the court may order, in which case a copy of jurisdiction over the res
the summons and order of the court shall be
sent by registered mail to the last known Philippine courts cannot acquire
address of the defendant, or in any other jurisdiction over the person who does
manner the court may deem sufficient. Any NOT reside and NOT found in the
order granting such leave shall specify a Philippines.
reasonable time, which shall not be less than
sixty (60) calendar days after notice, within In line with jurisdiction over the res,
which the defendant must answer. the relief sought is directed towards
the property or status of the
Modes of effecting extraterritorial service defendant.

The following are the modes: International conventions

1. Service in person on defendant; At present, the following conventions

2. Publication; are among those to which the
3. International conventions; and Philippines is a party:
4. Other manner that the court may
deem sufficient 1. Hague “Service” Convention;
2. Apostille Convention;
When availed of 3. Inter-American Convention

In order to be allowed, the following Process of availing service under the

must concur: Hague Convention

1. Defendant: The following should be observed:

a. Non-resident; and
b. Not found in the Philippines; 1. Motion for leave to avail
2. Action: extraterritorial service;
2. Attachments:
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
a. Model Form; In case of substituted service, it shall
b. Original documents or CTCs be given to:
with annexes;
c. Certified Translations of the 1. In residence;
above, if necessary for a. A resident:
Requested State; i. At least 18 years of
d. Undertaking to pay in full the age; AND
fees required; ii. Of sufficient discretion
e. Other requirements depending 2. Office or regular place of
on Requested State business:
3. Court, through OCA, will a. Competent person:
evaluate; i. Manages or is in
a. If deemed that extraterritorial charge of the office or
service is necessary, will corporation; or
forward the order and the ii. One who customarily
above documents to the receives
Central Authority of correspondence for
Requested State; the defendants
4. Central Authority of Requested 3. Homeowner’s association or
State shall confirm receipt condominium corporation:
a. Officer; or
Apostille b. Chief Security
4. Electronic mail to defendants’
It is a certificate that authenticates the email address, IF ALLOWED BY
origin of a public document. THE COURT

It is more expeditious considering that Specific kinds of defendants

it does not require the “red ribbon”
authentication. The following are defendants based
on specific circumstances which
Authorities makes the recipient of the service of
summons different:
HAGUE APOSTILLE
SC, through the Department of 1. Minors/incompetents;
Office of the Court Foreign Affairs – 2. Spouses:
Administrator Office of Consular 3. Juridical entities:
Affairs (DFA-OCA) a. Without juridical personality
b. Public corporations:
WHO RECEIVES SUMMONS c. Private entities
i. Domestic
General rule ii. Foreign; and

The defendant Minors

Substituted service 14.10. Service upon minors and

incompetents;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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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.
Service upon minors v. incompetents
In the case of minors, service to the
parents shall suffice.
However, in case of incompetents,
service must be made upon:
1. Him/her; AND
2. Parents/guardian/guardian ad litem
Q: Why is there a necessity to give the
incompetent with summons?
Not all incompetents are insane, and
in the same way not all insane
defendants are always insane, because
of the possibility of lucid intervals
As such, those who has been
convicted of a crime which has the
penalty of civil interdiction shall be
served with summons.
While incompetent, he still has
discretion, but limited legal
capacities
Spouses
14.11. Service upon spouses;
When spouses are sued jointly, service of
summons should be made to each spouse
individually.
Thus, the rule pertaining to spouses
under the previous Rules are
PJA
abandoned, and now requires that
EACH spouse is served individually
Q: Is the above rule absolute?
No, for obvious reasons, as
exceptions, summons need not be
served to both in the following cases:
1. Case between and against each
other; or
2. Case involving the exclusive
property of one spouse
Juridical entities
Without juridical personality
14.07. Service upon entity without juridical
personality;
When persons associated in an entity without
juridical personality are sued under the name
by which they are generally or commonly
known, service may be effected upon all the
defendants by serving upon any one of them,
or upon the person in charge of the office or
place of business maintained in such name.
But such service shall not bind individually
any person whose connection with the entity
has, upon due notice, been severed before the
action was filed.
Thus, the rule is as follows:
GR: Service to one, service
to all
ER: Will not bind a person
who severed its ties
with the entity, by due
notice, prior to the
filing of the action
Public corporations
14.15. Service upon public corporations;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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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.
Thus, the rule is as follows based on
the defendant:
1. Republic of the Philippines;
Solicitor General;
2. Province, city, municipality, or
the like:
a. Executive head; or
b. Officer/s as the law or court
may direct
Q: A case is being filed against the
Province of Pucha Pucha. The court took
judicial notice of Gov. X’s busy schedule,
considering that it is the month where
Governors of Luzon are placed in a
seminar facility, for one month. How can
the court direct summons in this case?
The court may order that other
officer/s be served with the
summons.
Of course, it would be hard, in
practice, to serve summons upon a
public servant considering the
“workload” of such.
Thus, the Rules provide that it may be
served upon other officer/s to which
the court or law may direct.
Domestic private juridical entity (DPJE)
12. Service upon domestic private juridical
entity;
When the defendant is a corporation,
partnership or association organized under the
laws of the Philippines with a juridical
PJA
personality, service may be made on the
president, managing partner, general manager,
corporate secretary, treasurer, or in-house
counsel of the corporation wherever they may
be found, or in their absence or unavailability,
on their secretaries.
If such service cannot be made upon any of
the foregoing persons, it shall be made upon
the person who customarily receives the
correspondence for the defendant at its
principal office.
In case the domestic juridical entity is under
receivership or liquidation, service of
summons shall be made on the receiver or
liquidator, as the case may be.
Should there be a refusal on the part of the
persons above-mentioned to receive
summons despite at least three (3) attempts
on two (2) different dates, service may be
made electronically, if allowed by the court, as
provided under Section 6 of this Rule.
Thus, the person/s who must be
served are as follows:
1. Officers:
a. President;
b. Managing partner;
c. General manager;
d. Corporate secretary;
e. Treasurer; or
f. In house counsel of the
corporation
2. Secretaries of the above; in case
of absence or unavailability;
3. Person who customarily
receives correspondence for
defendant at its principal office,
if it cannot be served with the
above enumerated persons
including their secretaries;
4. Rehabilitator; in case of
receivership; or
5. Liquidator; in case of liquidation;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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6. Substituted service by
electronic mail or means
Q: Is it necessary that the service to the
officers be made at the principal office?
No, considering that the provisions
states that “wherever they may be
found”
Q: After going to XYZ Corporation, and
failing to serve the summons upon its
officers, secretaries, and persons
customarily receiving correspondence on
2 March, A moved that substituted service
be allowed. Will it prosper?
No, considering that it is substituted
service, it must comply with the
requisites.
Considering that he only attempted
once, and on one day only, it cannot
be allowed.
Foreign private juridical entity
Sec.14. 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.
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:
PJA
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.
Thus, a distinction must be made:
1. FPJE registered, has transacted,
and is doing in the Philippines:
a. Resident agent;
b. Government official designated by
law, in case the above is wanting;
or
c. Any of the following WITHIN
the Philippines:
i. Officers;
ii. Agents;
iii. Directors; or
iv. Trustees
2. FPJE NOT registered, but is doing
business in the Philippines:
a. Personal service;
b. Publication;
c. Facsimile;
d. Electronic means; or
e. Such other means as the court
may direct
(NOTE: While similar, the modes
under this specific defendant is
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
different from that of extraterritorial i. Competent person:
service. 1. Manages or is
in charge of
In FPJE NOT registered, it allows the office or
facsimile and email, while corporation; or
extraterritorial service do not 2. One who
customarily
In extraterritorial service, it allows receives
those provided for in international correspondenc
conventions. e for the
defendants
NEVERTHELESS, as both has a c. Homeowner’s association
saving clause, specifically that the or condominium
court may order a specific mode, the corporation:
distinction, per se, would not matter as i. Officer; or
the court may order as long as it ii. Chief Security
deems sufficient) d. Electronic mail to
defendants’ email address, IF
Examples of government officials ALLOWED BY THE
designated by law COURT

The following are government 3. Minors:

officials designated by law to receive a. To parents sufficient
summons:
4. Incompetents:
1. Insurance Commissioner; as to a. To incompetent; AND
foreign insurance corporations; b. Parent/guardian/guardian ad
2. Deputy Governor of the litem
Bangko Sentral; as to foreign
banks; 5. Spouses:
3. SEC; as to FPJE NOT registered a. Husband; AND
who issued or if liable under the b. Wife
SRC;
6. Entities without juridical
Summary of recipient of summons personality:

1. Defendant; a. Service to one service to all;

2. Substituted service: 7. Public corporations:

a. In residence; a. Republic of the Philippines;
i. A resident: i. Solicitor General;
1. At least 18 b. Province, city, municipality,
years of age; or the like:
AND i. Executive head; or
2. Of sufficient ii. Officer/s as the law or
discretion court may direct
b. Office or regular place of
business: 8. DPJE:
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
a. Officers: RETURNS AND PROOF OF SERVICE
i. President;
ii. Managing partner; 14.20. Return;
iii. General manager; Within thirty (30) calendar days from
iv. Corporate secretary; issuance of summons by the clerk of court
v. Treasurer; or and receipt thereof, the sheriff or process
vi. In house counsel of server, or person authorized by the court,
the corporation shall complete its service. Within five (5)
b. Secretaries of the above; in calendar days from service of summons,
case of absence or the server shall file with the court and
unavailability; serve a copy of the return to the plaintiff’s
c. Person who customarily counsel, personally, by registered mail, or
receives correspondence for by electronic means authorized by the
defendant at its principal Rules.
office, if it cannot be served
with the above enumerated Should substituted service have been
persons including their effected, the return shall state the
secretaries; following:
d. Rehabilitator; in case of
receivership; or 1) The impossibility of prompt
e. Liquidator; in case of personal service within a period of
liquidation; thirty (30) calendar days from issue
f. Substituted service by and receipt of summons;
electronic mail or means 2) The date and time of the three (3)
attempts on at least (2) two
9. FPJE registered, has different dates to cause personal
transacted, and is doing in the service and the details of the
Philippines: inquiries made to locate the
a. Resident agent; defendant residing thereat; and
b. Government official
designated by law, in case the 3) The name of the person at least
above is wanting; or eighteen (18) years of age and of
c. Any of the following sufficient discretion residing
WITHIN the Philippines: thereat, name of competent person
i. Officers; in charge of the defendant’s office
ii. Agents; or regular place of business, or
iii. Directors; or name of the officer of the
iv. Trustees homeowners’ association or
condominium corporation or its
10. FPJE NOT registered, but is chief security officer in charge of
doing business in the the community or building where
Philippines: the defendant may be found.
a. Personal service;
b. Publication; Period to complete service
c. Facsimile;
d. Electronic means; or Within thirty (30) days from issuance
e. Such other means as the court of summons
may direct
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
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However, as an exception, if there is
an impossibility of doing so, it should
be stated in the returns.
Period to file returns
Within five (5) days from service of
summons
14.21. Proof of service;
The proof of service of a summons shall be
made in writing by the server and shall set
forth the manner, place, and date of service;
shall specify any papers which have been
served with the process and the name of the
person who received the same; and shall be
sworn to when made by a person other than a
sheriff or his or her deputy.
If summons was served by electronic mail,
a printout of said e-mail, with a copy of
the summons as served, and the affidavit
of the person mailing, shall constitute as
proof of service.
14.22. Proof 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.
VOLUNTARY APPEARANCE
14.23. 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.
PJA
Under the present rules if a defendant
asks for an affirmative relief aside
from the dismissal due to lack of
jurisdiction over the person, it SHALL
be deemed as a voluntary appearance
Examples of affirmative relief
Affirmative relief may consist in the
following:
1. Motion for extension of time to
file an answer;
2. Motion to set aside order of
default;
3. Motion for leave
(NOTE: Notice that in the above
motions, the defendant is asking a
relief which will enable him to
participate in the proceedings.
That it is an affirmative relief, it
SHALL be deemed as a voluntary
appearance)
Q: Is it true then that no affirmative
defense can be raised?
No as it may still happen that despite
an affirmative defense raised, the
defendant’s raising of lack of
jurisdiction over his person is
UNEQUIVOCAL and
CATEGORICAL.
In short, in doing so, the defendant
must leave no room for doubt
(Millenium Industrial Commercial
Corporation v. Tan; thus, the
doctrine somewhat still applies)
Q: Is a motion to dismiss considered a
voluntary appearance?
No, it does not amount to VA,
considering that it is asking the court
to dismiss the case
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
Q: If instead of raising the lack of
jurisdiction over the person of the
defendant, he raised such ground as an
affirmative defense in his answer, is it a
voluntary appearance?

Yes, considering that he did not move

to dismiss it, rather he submitted to
the court his possible defense in the
case by an answer.

By submitting the answer, he placed

the issue upon the hands of the court

DISTINCTIONS BETWEEN RULE 13

AND RULE 14

SUBJECT MATTER

13 14
Pleadings from Summons
parties and courts
(final orders,
resolutions, or
judgments)
Filing AND service Service only

Q: Why is it that substituted service in 13

and 14 are different, in that the former
mentions “office and residence”, while the
latter mentions residence, before resort to
office or place of business?

Notice that in 13, more or less, the

party/ies has a lawyer already.

On the other hand, in 14, no lawyer

yet represents the defendant
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
RULE 15:
MOTIONS
15.01. Motion Defined;
A motion is an application for relief other
than by a pleading.
Motions v. pleadings
In a motion, the party is asking for a
particular relief, which is in contrast
with pleadings, which seeks a
general relief
Evidence on motion
15.02. Motions Must be in Writing;
xxx
When a motion is based on facts not
appearing on record, the court may hear the
matter on affidavits or depositions presented
by the respective parties, but the court may
direct that the matter be heard wholly or
partly on oral testimony or depositions.
These are motions based on facts not
appearing on the record
Q: A files a case against B, a solidary co-
debtor with C. He did not implead C
considering that his obligation is not yet
due.
However, the at the course of the
proceedings, the obligation of C became
due.
What are the options of A in order to
implead C?
He may file a supplemental pleading,
and in lieu thereof, he may file a
motion to implead C.
Such motion is an evidence on
motion, considering that the time of
PJA
the motion, C is not a party nor part
of the records to the case
Hearing
15.06. Notice of Hearing on Litigious
Motions; Discretionary;
The court may, in the exercise of its
discretion, and if deemed necessary for its
resolution, call a hearing on the motion. The
notice of hearing shall be addressed to all
parties concerned, and shall specify the time
and date of the hearing.
Thus, it is the duty of the court to set
the case for hearing IF necessary
Q: If the motion filed is a litigious motion,
and as a counsel of the party against
whom the motion is directed, what can
you do if the court did not set a hearing?
Manifest to the court, or file a motion
to set the case for hearing.
(Bulabugin mo yung court)
LITIGIOUS AND NON-LITIGIOUS
MOTIONS
15.05. Litigious Motions;
a) Litigious motions include:
1) Motion for bill of particulars;
2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending
appeal;
6) Motion to amend after a
responsive pleading has been
filed;
7) Motion to cancel statutory
lien;
8) Motion for an order to break
in or for a writ of demolition;
9) Motion for intervention;
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
10) Motion for judgment on the
pleadings;
11) Motion for summary
judgment;
12) Demurrer to evidence;
13) Motion to declare defendant
in default; and
14) Other similar motions.
b) All motions shall be served by
personal service, accredited private
courier or registered mail, or
electronic means so as to ensure their
receipt by the other party.
c) The opposing party shall file his or her
opposition to a litigious motion within
five (5) calendar days from receipt
thereof. No other submissions shall be
considered by the court in the
resolution of the motion.
The motion shall be resolved by the court
within fifteen (15) calendar days from its
receipt of the opposition thereto, or upon
expiration of the period to file such
opposition.
15.04. Non-Litigious Motions;
Motions which the court may act upon
without prejudicing the rights of adverse
parties are non-litigious motions. These
motions include:
a) Motion for the issuance of an alias
summons;
b) Motion for extension to file answer
c) Motion for postponement;
d) Motion for the issuance of a writ of
execution;
e) Motion for the issuance of an alias
writ of execution;
f) Motion for the issuance of a writ of
possession;
g) Motion for the issuance of an order
directing the sheriff to execute the
final certificate of sale; and
PJA
h) Other similar motions.
These motions shall not be set for hearing and
shall be resolved by the court within five (5)
calendar days from receipt thereof.
Litigious v. non-litigious motions
Litigious motions are those which
the court MAY NOT act upon
without prejudicing the rights of the
adverse party.
On the other hand, non-litigious
motions are those which the court
MAY act upon without prejudicing
the rights of the adverse party
Common denominator
The enumerations in both provisions
are NOT exclusive
Oral motions
15.02. Motions Must be in Writing;
All motions shall be in writing except those
made in open court or in the course of a
hearing or trial.
A motion made in open court or in the course
of a hearing or trial should immediately be
resolved in open court, after the adverse party
is given the opportunity to argue his or her
opposition thereto. x x x
Q: Atty. X made an oral motion for leave.
When should the judge resolve such?
Immediately resolve in open court
Omnibus motion
In case of on omnibus motion
(omnes, meaning all) all the defences
available must be raised, and the
failure to do so results in the waiver of
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Atty. Henedino Brondial
such defense then available. Thus, in
the following motions, ALL available
defences must be stated:
As such, Motion for New Trial must
state all available defences.
Q: Is the rule on defences not raised are
waived absolute?
No as it subject to grounds mentioned
under residual prerogatives (Magic
4)
15.12. Prohibited Motions;
The following motions shall not be allowed:
a) Motion to dismiss except on the
following grounds:
1) That the court has no
jurisdiction over the subject
matter of the claim;
2) That there is another action
pending between the same
parties for the same cause; and
3) That the cause of action is
barred by a prior judgment or
by the statute of limitations.
b) Motion to hear affirmative defenses;
c) Motion for reconsideration of the
court's action on the affirmative
defenses;
d) Motion to suspend proceedings
without a temporary restraining order
or injunction issued by a higher court;
e) Motion for extension of time to file
pleadings, affidavits or any other
papers, except a motion for extension
to file an answer as provided by
Section 11, Rule 11; and
f) Motion for postponement intended
for delay, except if it is based on acts
of God, force majeure or physical
inability of the witness to appear and
PJA
testify. If the motion is granted based
on such exceptions, the moving party
shall be warned that the presentation
of its evidence must still be terminated
on the dates previously agreed upon.
A motion for postponement, whether written
or oral, shall, at all times, be accompanied by
the original official receipt from the office of
the clerk of court evidencing payment of the
postponement fee under Section 21 (b), Rule
141, to be submitted either at the time of the
filing of said motion or not later than the next
hearing date. The clerk of court shall not
accept the motion unless accompanied by the
original receipt.
Q: Is a motion to dismiss forever gone?
No, while it is labelled as a prohibited
pleading, it still has grounds for the
filing of such, which are, again, the
grounds under residual prerogatives
or the Magic 4
Further, again and again, the grounds
under the then Rule 16 is transposed
to other portions of the Rules.
If raised as an affirmative defense, the
court may motu proprio dismiss the case
if it sees that indeed, the defense
raised, would bar recovery
In effect, the other grounds
CANNOT be raised in a motion to
dismiss, but IF sufficient to warrant a
dismissal, the court will in its own
dismiss the case, thus the same effect
with a Motion to Dismiss.
Q: What if, despite the strength of your
affirmative defences, that would
supposedly increase the likelihood of
dismissal, the court’s inaction failed to
notice such, what can you do?
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
File a motion to “remind the court
that it is NOT doing something”

Q: Is an MR a prohibited pleading?

No, what is prohibited is an MR

directed against the court’s action after
the hearing of the affirmative
defences.
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial
RULE 17:
DISMISSAL OF ACTIONS
“Rule nang mga tanga”
Q: What are the grounds upon which the
plaintiff may dismiss his own complaint?
NONE, considering that it is he who
filed the case in the first place
DISMISSAL BY NOTICE
17.01. Dismissal upon notice by plaintiff;
A complaint may be dismissed by the plaintiff
by filing a notice of dismissal at any time
before service of the answer or of a motion
for summary judgment. Upon such notice
being filed, the court shall issue an order
confirming the dismissal. Unless otherwise
stated in the notice, the dismissal is without
prejudice, except that a notice operates as an
adjudication upon the merits when filed by a
plaintiff who has once dismissed in a
competent court an action based on or
including the same claim.
Under this mode of dismissal, the
dismissal itself is the notice, NOT the
confirmation issued by the court.
Hence, this dismissal is a matter of
right.
Rule as to the nature of the dismissal
GR: Without prejudice
ER: If stated in the notice; or
Two-dismissal rule
Two-dismissal rule
Under the last portion of the
provision, the dismissal by notice shall
be with prejudice under the following
requisites:
PJA
a) Plaintiff twice dismissed the
action BY NOTICE;
b) Based on or including the
same claim; and
c) In a court of competent
jurisdiction
Notice that under the third requisite, it
must be in a court of competent
jurisdiction. Hence, if it is wrongly
filed in a court which has no
jurisdiction, the rule would not apply.
(NOTE: However, as explained by
Atty. Riguera, in his opinion, the first
dismissal need NOT be a notice, as it
may be via a motion.)
Q: As a counsel for a plaintiff who already
dismissed his case first, what would be
your recourse if he wants to dismiss his
case AGAIN and he want to refile the case
AGAIN in the future?
File a motion, instead of a notice, as it
would not be an adjudication on the
merits considering that in the two-
dismissal rule, the notice is what
results in an adjudication on the
merits
Class suit
Take note that under the next section,
class suit cannot be dismissed without
the approval of the court.
Hence, dismissal upon notice cannot
be made in case of a class suit
DISMISSAL BY MOTION
17.02. Dismissal upon motion of plaintiff;
Except as provided in the preceding section, a
complaint shall not be dismissed at the
plaintiffs instance save upon approval of the
court and upon such terms and conditions as
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Atty. Henedino Brondial
the court deems proper. If a counterclaim has
been pleaded by a defendant prior to the
service upon him of the plaintiffs motion for
dismissal, the dismissal shall be limited to the
complaint. The dismissal shall be without
prejudice to the right of the defendant to
prosecute his counterclaim in a separate
action unless within fifteen (15) days from
notice of the motion he manifests his
preference to have his counterclaim resolved
in the same action. Unless otherwise specified
in the order, a dismissal under this paragraph
shall be without prejudice. A class suit shall
not be dismissed or compromised without the
approval of the court.
Under this mode of dismissal, the
plaintiff needs the approval of the
court, as the answer or the motion for
summary judgment has already been
filed.
Those that does not fall under
dismissal upon notice, shall fall under
this provision
Rule as to counterclaims
The dismissal under this provision is
limited ONLY TO THE
COMPLAINT. Hence, the
counterclaim remains, and the
defendant may prosecute:
GR: In a separate action
ER: Manifests his intent to
prosecute the counterclaim in
the same action within fifteen
(15) days from receipt of the
notice
Rule as to the nature of the dismissal
GR: Without prejudice
ER: If stated in the order
Class suit
PJA
Under the last portion of the
provision, a class suit can ONLY be
DISMISSED or COMPROMISED
with the APPROVAL OF THE
COURT.
Hence, class suit cannot be dismissed
by notice.
DISMISSAL DUE TO FAULT OF
PLAINTIFF
17.03. Dismissal due to fault of plaintiff;
If, for no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his
evidence in chief on the complaint, or to
prosecute his action for an unreasonable
length of time, or to comply with these Rules
or any order of the court, the complaint may
be dismissed upon motion of the defendant
or upon the court’s own motion, without
prejudice to the right of the defendant to
prosecute his counterclaim in the same or in a
separate action. This dismissal shall have the
effect of an adjudication upon the merits,
unless otherwise declared by the court.
Under this mode of dismissal, the
court motu proprio or upon motion of
the defendant may move for such,
under specific grounds
Grounds
a) Failure to appear, without justifiable
reason on the date of the presentation
of his evidence in chief;
b) Failure to prosecute his action for an
unreasonable length of time (non-
prosequitur);
c) Failure to comply with the Rules; or
d) Failure of the plaintiff to comply with
the court’s order
Q: Who may file?
It would depend:
REMEDIAL LAW REVIEW 1 2020-2021, 1st Sem
Atty. Henedino Brondial PJA
1. If no summons served yet; the
court, as the defendant has yet to
exist;
2. If summons already served; the
court or the defendant

Rule as to the nature of the dismissal

GR: With prejudice

ER: Declared by court

NOTICE MOTION FAULT

Nature Matter of Upon court’s Available
right discretion upon
presence
of ground

Who may Plaintiff Plaintiff Court or

file defendant

When Before After service Upon

filed service of of answer or presence
answer or motion for of the
motion for summary ground
summary judgment
judgment

Prejudice GR: Without GR: Without GR: With

ER: If stated ER: If ER:
in the notice declared by Declared
court by court

Q: Is the dismissal without prejudice

refiling absolute?

No, as it is still subject to prescription,

thus:

GR: Can be refiled

ER: CANNOT be refiled if
already prescribed