02-16-2022

Preliminaries
Distinction substantive and remedial law (main branches of law)

Substantive law – the branch of the law which creates, defines, regulates rights and duties concerning
life, liberty or property or concerning the powers of agencies and/or instrumentalities for the
administration of public affairs.

Examples: civil code, family code, revised penal code, 1987 constitution (art VI, VII and VIII, powers of
agencies), bill of rights (not expressly but impliedly that CDR duties), RCC, labor code

Source: Legislative body; Congress; but it’s not always the legislative who creates substantive laws

Remedial law/Adjective law (not commonly used in the Philippines) – that branch of the law which
prescribes the methods for enforcing, protecting rights or for preventing the violation of rights or for
obtaining redress for the rights that have been violated.
- Obtaining relief for the violation of rights.

Examples: Rules of Court, Special rules of procedure – Rule on Summary Procedure, Judicial affidavit rule,

Source: Supreme Court

Power to promulgate: Section 5(5) of Article VIII of the Constitution. The SC hereby adopts and promulgates
the ff 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.

Q: Are rem laws, in the sense that civil laws are laws, laws?
A: No. Rem laws, although not strictly law, only in the limited sense that they have the force and effect of
laws.

Q: Why is rem law called adjective law?

A: Adjective words that describe nouns. It describes the method of enforcing protecting rights or for
preventing the violation of rights or for obtaining redress for the rights that have been violated.

Relationship of Substantive law and remedial law 6:40 2/17/2022

The rem law prescribes the method on how to enforce the substantive law.
One is not __ without the other.

By what authority does the SC promulgates rules – Art 8 Sec 5 Par 5 -

The Sc also granted the power to promulgate rules for the Integrated Bar, rules for the assistance for the
underprivileged.

The congress was also given the plenary power to legislate on any matter

7:01
Plenary -

May Congress pass a law providing for rules of procedure to be observe in courts? YES.
(Ex. Fam code-substantive law w/c provides for rules of procedure)
XPN: What is prohibited? Congress cannot enact a law that will repeal, alter or supplement rules of
procedure promulgated by the SC (Read Estipona v Lobrigo) Section 23 of Republic Act No. 9165 is
declared unconstitutional for being contrary to the rule-making authority of the Supreme Court under Section
5(5), Article VIII of the 1987 Constitution

Is there also a limitation on the part of the Supreme Court. What can the Supreme Court cannot do?
- Cannot promulgate a rule of procedure that will diminish, remove or modify existing rights created by
law enacted by Congress
Q: Third element that is needed so that S and R can benefit the lives of the people
A: The existence of courts.

Legislation starting 1901 (that was the year when the Americans came to the Philippines and colonized us)

- Before 1901 we were under the Spain/ Colony of Spain for 300yrs. In 1901, the PH became under the
American control. They established legislative body composed of American citizens. (1901 – 1935)
– designated as “Act No.”
o Ex. Act No 3135
- 1935 – it was for the PH to governs themselves; established the Commonwealth Era until 1946 –
learning period to govern ourselves
- During that period, Americans established another body/ legislative body composed of American and
Filipino.
- The body was now composed of Filipinos – designated as “Commonwealth Act/ CA No.”
- 1946 – the PH was given its full independence
- Promulgated a new constitution which created a new legislative body called Congress – designated
as “Republic Act/ RA No.” until 1972
- 1965 – Ferdinand Marcos was elected as the President (two terms, 4 yrs each)
- September 21, 1972 – declared Martial Law
- To save the ph from communist
o Padlocked Congress
o Gave himself the power to legislate
o How did he enact law? By issuing Presidential Decrees “PD No.”
o They are not repealed because some of them are good laws – well crafted laws
o Legislative power + executive = dictator
- 1978 – he was being criticized (around the world) from being a dictator
- To give a semblance of a democratic government
- 1978 - Issued a PD which created a legislative body called Batasang Pambansa
- There was an election that was called – assemblymen (elected)
- Designated as “Batas Pambansa Bilang” (Ex. BP Blg. 22 & 129 BATAS PAMBANSA Blg. 129 AN
ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES) until 1986
- Marcos did not relinquish/ surrender/ abandon his legislative power
- Two sources of laws: 1. BP Blg. 2. PD No.
- Before 1986, Marcos under considerable pressure to step down from power instead he declared a snap
election.
- Cory Aquino ran against Marcos
- Marcos proclaimed winner
- 1986 – EDSA Revolution; the Chief Justice sworn Cory Aquino as President
- February 25, 1986 – Marcos family was driven out of the PH and brought out to Hawaii
- SC Allowed Corazon Aquino to be sworn in as President of the PH. Then she became the President of
the PH. She was not elected under the 1973 constitution. Declared a Revolutionary Government w/c
was not allowed by the 1973 consti
- Abolished the 1973 Constitution, Padlocked Batasang Pambansa (no more legislative body)
- She made herself dictator.
- Ordered her staff to prepare a constitution called Freedom Constitution – no need for ratification
- Also gave herself the power to legislate
 - Enacted law by issuing Executive Order No.
- Established a Constitutional Commission – to draft a new constitution (members were appointed by
Aquino) Feb 1987 ratification for the draft of the constitution. Overwhelmingly ratified by the people.
Feb 1987-ratified.
- New legislative body established- Congress – Senate upper and House lower house
- Laws created by the Congress are designated as Republic Act Nos.

Expanded jurisdiction of MTCs (Discussion for next week)

*Third level – Courts – they apply the substantive and remedial laws.

Courts in the Philippines

1. Municipal Trial Court (generic term), Municipal Circuit Trial Court, Metropolitan Trial Court
a. Why do they have different names if they have the same jurisdiction? Because they exercise
territorial jurisdiction.
b. Over what area does the Municipal Trial Court (MTC) exercise jurisdiction? All
Municipalities except Pateros City
c. Over what are does the Metropolitan Trial Court (MeTC) exercise jurisdiction? All cities
and municipalities in Metro Manila (which includes Pateros City)
d. Over what are does the Municipal Circuit Trial Court (MCTC) exercise jurisdiction? Over
two or more contiguous/ adjoining municipalities.
e. Over what are does the Municipal Trial Court in Cities (MTCC) exercise jurisdiction? IN
every cities in the Philippines except the cities in Metro Manila
2. Sharia Circuit Court – (same level with MTCs) – there are only few - Shari'ah in the country only deals
with Muslim customary and personal laws and exclude criminal law.
3. Regional Trial Court
4. Family Court (same level with the RTC)
5. Sharia District Courts (same level with the RTC)
6. Sandiganbayan
7. Court of Appeals (same level with the Sharia Appellate Court, Sandiganbayan and CTA)
8. Court of Tax Appeals (same level with the Sandiganbayan, Sharia Appellate Court and CA)
a. Where does judgments appealable? (Before, sa CA) Supreme Court
9. Sharia Appellate Court (same level with the Sandiganbayan)
10. Supreme Court – Constitutional Court

A court may either be (a) constitutional court or a (b) statutory court

Constitutional Court refers to courts that is created thru the Constitution. Ex. SC only
Why Sandiganbayan is not a constitutional court because it is a stat court because the 1973 constitution just
mandated the creation of a special court, Sandiganbayan. There was no congress at that time to create the
special court. PD created the Sandiganbayan. Thus, mere statutory court.

Statutory Courts are those established by law or statute.

A court is also classified by inferior courts and superior courts.

There is no court in the Philippines is by itself inferior or superior

- A court in the Philippines is either inferior or superior in relation to another court

Courts of law and Courts of equity

Classified between court of law (decides cases based on written law enacted by Congress) and court of
equity (decides cases based on the natural norms of justice and fairness)
No court in Philippines is exclusively for court of law or court of equity, all courts in the Philippines are court
of law and court of equity

No court in the Ph can be court of law and court of equity at the same time. Only one at a time

Most of the time, it is court of law. It is very seldom that they are court of equity

When does a court becomes a court of equity? If there is no existing written law on which the court can
base its judgment in a case then the court has to decide the case base on the natural norms of justice and
fairness, or based on the judge’s sense of what is right or wrong.

Can the judge just refuse to render judgement? No. Civil Code Art 9
- The judge has the legal duty to decide the case

Courts are either court of general jurisdiction or limited jurisdiction (because they can only exercise
jurisdiction over cases if there is a law conferring on them over those cases)

General jurisdiction – is one which exercises exlusive juris over any case not falling within the juris of

Limited juris – is one which can exercise juris over cases where a law has expressly conferred them. There
must be a law conferring the jurisdiction of of any court, tribunal, board, officer, or person exercising judicial
or quasi-judicial functions

The RTC is the only court of general jurisdiction, all the other court (including the SC) are limited
jurisdiction
- Why? Under Par 6 Sec 19 of BP 129 – the RTC shall exercise exclusive original jurisdiction over all
cases not falling under the exclusive jurisdiction of any court, tribunal, board, officer, or person
exercising judicial or quasi-judicial functions

A jurisdiction of a court is ALWAYS expressly conferred by law. If there is no law conferring on any court,
jurisdiction over a particular case, that will fall under the jurisdiction of RTC
No written law, the court must still render judgment,

ASSIGNMENT:
Cases on Jurisdiction and Rules 1-10

Doctrine – IMPORTANT FOR EXAM@!!!!!!!!

-not particular in facts of the case
Jurisdiction –
1. Over the subject matter of the case – is the power of the court conferred by law to hear, try and
decide a particular case
2. Over the persons of the parties
3. Over the issues of the case

Original or appellate jurisdiction

Original – the law provides that the MunTC exercises original juris over money claims not over than 2M pesos
Appellate -
The rules of court cannot confer jurisdiction over a court
- Only a LAW

What are the consequences that the jurisdiction of the court over a subject matter of the case is conferred by
law

Venue is not jurisdictional but is conferred by law. Proper venue of the case is determined by the ROC

It is not enough that the court has jurisdiction over the subject matter of the case it must be also the proper
venue.

The complaint in the case was filed in a court having jurisdiction over the case, but if the complaint is filed in
the proper court but in an improper venue.
- What would be the right of the defendant?
o Under the 2019 amendments, improper venue is no longer a ground for dismissal.
o Alleged improper venue in his answer as an affirmative defense and ask the court to dismiss
the case on the ground of improper venue
- Supposed the defendant failed to alleged the improper venue but he filed his answer in court, then the
defendant realized that the court is an improper venue?
o NO, by failing to alleged in his answer, the defendant is deemed to have waived his right to
improper venue
- Supposed the defendant filed the complaint with the court that has no jurisdiction (filed the complaint
in MTC instead of RTC)
o What is the right of the defendant?
▪ File a motion to dismiss on the ground of lack of jurisdiction over the case
- Suppose the defendant failed to file a motion to dismiss and the court proceeded with the trial.
o The court must motu proprio dismiss the case
o But suppose, the MTC did not dismiss the case and ruled in adverse to the defendant, may he
still raise it in appeal?
▪ YES, it is not deemed to have been waived. (consequence)
- The parties in a civil action may stipulate or agree in writing before the filing of the case on the
exclusive venue of any action arising between them, (under rule 4 a personal action shall be
commenced and tried in the proper of the place where the palintiff resides or where the defendant
resides in the option of the plaintiff)
o Supposed they have an agreement that any action arising between them shall be filed in Pasay
City.
▪ The plaintiff A is residing in QC, the defendant is residing in Las Pinas, may the
plaintiff file the complaint against B, can the proper court be QC? Was the complaint
filed in the proper venue?
• NO. the proper court is in Pasay City
• The parties may agree on exclusive venue of their actions.
• Their agreement will prevail over the Rule 4
o May the parties agree that all actions arising between them under the contract shall be
exclusively filed in RTC of Pasay City?
▪ NO. The parties cannot stipulate on the court that shall exercise jurisdiction
(consequence)
 - Pwedeng i-stipulate yung venue ng jurisdiction but not the court itself
- GR the jurisdiction of the court over the subject matter cannot be waived

Jurisdiction is either ORIGINAL or APPELLATE jurisdiction

1. Original jurisdiction – POWER /right of the court to hear the case at the first instance
May either be exclusive or concurrent jurisdiction
a. The initiatory pleading may be commenced in the court
2. Appellate jurisdiction – power of a court to review, revise, reverse, modify or affirm judgment
rendered by a lower court which exercise original jurisdiction over the case

Jurisdiction is either EXCLUSIVE or CONCURRENT jurisdiction

1. Exclusive jurisdiction – power of the court to hear, try and decide case to the exclusion of other
courts
a. Exclusive original jurisdiction – power of the court to hear, try and decide case on the first
instance to the exclusion of other courts.
i. That that case may only be commenced in the court having exclusive original
jurisdiction
b. The MTC shall exercise exclusive original jurisdiction over unlawful detainer actions
i. It means that the action for this may only be commenced in the MTC; it cannot be
commenced in any other courts.
2. Concurrent original jurisdiction – power of two or more courts of different levels to exercise
original jurisdiction over one particular case
a. Example. Petition for certiorari (special civil action)
b. There is provision under BP blg 129 that confers to RTC original jurisdiction over petitions for
certiorari (likewise with MTC, and SC)
c. Concurrent original jurisdiction – but here is no concurrent appellate jurisdiction – a judgment
may only be appealed in a one court
i. All appellate jurisdiction are exclusives

9:09
There is a xx 2. Concurrent original jurisdiction over petcert under rule 65, special civil action,
A pet cert may be filed in the RTC because there is a law that confers on the RTC original jurisdiction over
pet cert.

1. Delegated jurisdiction (Sec 34 BP blg 129)

The RTC exercises exclusive original jurisdiction over land registration and cadastral cases
- There is provision however, Sec 34, which provides that the SC shall have the power to delegate to the
MTC land registration and cadastral cases provided that the real property involved has not exceed
100k or provided the case is not protested.
- Section 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. (as amended by R.A. No. 7691)
Jurisdiction of Court in Civil Cases
Civil cases:
ordinary civil actions 1-56
Special civil actions 62-71
Special proceedings 72-109

Jurisdiction of MTC

MTC – it is implied that all other MTCs are involved

RA 11576 - expanded the jurisdiction of MTCs

Over what cases does the MTC exercises jurisdiction

3 civil actions in par 1

1. Recovery for sum of money (action for sum of money) – exercises exclusive original jurisdiction when
the amount involved does not exceed P2,000,000
2. Action to recover possession of personal property/ Action for replevin – exercises exclusive original
jurisdiction where the value of the property involved does not exceed P2,000,000 (whether in MM or
outside)
3. Exclusive original jurisdiction (Special Proceeding) Petition for settlement of estates of deceased
persons – exercises exclusive original jurisdiction, whether testate or intestate, where the gross value
of the estate involved does not exceed P2,000,000

Par 3 – deals with real actions

Pertains to actions that involved title to or possession of or interest in real property. (usually land)
1. Real actions (Rule 4) – any actions that affects title or possession or interest in real property
a. All real actions involve real properties but not all actions involving real properties involves real
action
2. Personal action – any action that is not a real action

The MTC exclusive original jurisdiction over real action where assessed value of the real property involved
does not exceed P400,000

Where do we find assessed value – in the tax declaration of real property

Par 2 – forcible entry and unlawful detainer (real actions)

- Special civil action (rule 70)

Exclusive original jurisdiction over cases of forcible entry and unlawful detainer
By expressed provision, it is provided that MTC shall exercise exclusive original jurisdiction over actions for
forcible entry and unlawful detainer, although they are real property involved, REGARDLESS of the assessed
value of the real property involved
An action for forcible entry (involved possession of parcel of land, thus real action) affects or involves
possession for real property therefore they are real actions

Under Rule 4 of ROC

Personal actions are those that is not a real action.
Lawful detainer involves land as well but XP to par 2 provides for xp to par 3

Sec 35 – if there are no RTC judges, the MTC may take cognizance (although the RTC has the exclusive
original jurisdiction)
- Petition for writ of habeas corpus
- Application for bail
Par 4 – new prov from RA 115
Admiralty and maritime cases does not exceed P2,000,000
Exclusive original jurisdiction in admiralty and maritime actions where the demand or claim does not exceed
Two million pesos (P2,000,000.00).
- These are cases that arise when two ships collide

Jurisdiction of RTC

Incapable of pecuniary estimation – test: you should first determine what is the subject of the litigation and if
it is incapable of pecuniary estimation then it is within the jurisdiction of the RTC

Example:
1. Annulment of contract;
2. Specific performance
a. Filed by the plaintiff to compel the defendant to execute a deed of absolute sale to transfer a
parcel of land in favor of the plaintiff
b. How do we determine if real action or incapable of pecuniary estimation? Under the present
jurisprudence (written by Justice Leonen) you should first determine what is really the main
action or the main reliefs to determine the real nature of the action
i. Specific performance

Par 2 Sec 19 – counterpart of par 3 of Sec 33

(6) Exclusive original jurisdiction in all cases not within the exclusive jurisdiction of any court, tribunal,
person or body exercising judicial or quasi-judicial functions
- When there is no law conferring its jurisdiction

RTC - a court of a general jurisdiction (other courts are limited jurisdiction, because they cannot exercise
jurisdiction on any cases if there is no expressed law that confers them the jurisdiction)

Sec 21 Original Jurisdiction

1. Shall exercise original jurisdiction on the issuance of writs of certiorari, prohibition, mandamus,
warranto, habeas corpus (CONCURRENT ORIGINAL JURISDICTION with CA and SC)
- CA
o Shall exercise original jurisdiction on the issuance of writs of certiorari, prohibition,
mandamus, warranto, habeas corpus
- SC
o Shall exercise original jurisdiction on the issuance of writs of certiorari, prohibition,
mandamus, warranto, habeas corpus

2. Actions affecting ambassadors and other public ministers and consuls (CONCURRENT ORIGINAL
JURISDICTION with SC)
- SC
o Actions affecting ambassadors and other public ministers and consuls

SEC 34 OF BP 129
Delegated Jurisdiction in Cadastral and Land Registration Cases.
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned/
delegated 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 where the value of which does not exceed One
hundred thousand pesos (P100,000.00)
-land registration cases and cadastral cases
Ex if a parcel of land is not yet titled and he wants a torrens title to be issued, file a petition for land registration
and cadastral. If the RTC grants, it will order the RD to issue title of land.

Section 35. Special jurisdiction in certain cases

MTC may take cognizance for a for a writ of habeas corpus (special proceeding – within the
exclusive original jurisdiction of RTC) or applications for bail in criminal cases in the province or city where
the absent Regional Trial Judges sit.

B) Jurisdiction of the Regional Trial Courts under B. P. Blg. 129 as amended by R. A. 7691 (first law
that expanded the juris of lower courts).
Section 19. Jurisdiction of the Regional Trial Courts 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 (monetary)
estimation;
Ex
1. Action for specific performance – to compel someone to comply with a contract
What is the subject of the litigation? The specific performance. You cannot put value over such bec incapable
of pecuniary estimation, thus, RTC has jurisdiction of such.
2.a Action for Annulment of Contract - Forged signature by the wife in the deed of absolute sale

Par 2, counterpart of par 3 sec 33 of bp blg – Real actions - In all civil actions which involve the title
to, or possession of, real property, or any interest therein, where the assessed value exceeds Four
hundred thousand pesos (P400,000,00)

Par 3, Sec 19, counterpart of par 4 sec 33 of bp blg - admiralty and maritime jurisdiction where the
demand or claim exceeds Two million pesos (P2,000,000.00)

Par 4, Sec 19, counterpart of portion of Sec 1 re pet for settlement of estate - (4) In all matters of
probate, both testate and intestate, where the gross value of the estate exceeds Two million pesos
(P2,000,000.00);

Par 5, Sec 19 - In all actions involving the contract of marriage and marital relations; (Repealed by
Section 5(d) of R. A. No.8369, The Family Courts Act of 1997.) Now inapplicable

Par 6, Sec 19 –the RTC exercises general jurisdiction (only court of gen juris) - In all cases not
within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-
judicial functions;

Par 7, Sec 19 - In all civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now
provided by law; and (Repealed by Section 5 of R. A. No. 8369.) Inapplicable

Par 8, Sec 19, counterpart of Sec 33 Par 1, Actions for sum of money - 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 Two million pesos (P2,000,000.00).

Sec 21 ORIGINAL JURISDICTION

1. the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction
certiorari, prohibition, mandamus- SPECIAL CIVIL ACTIONS UNDER RULE 65 ROC
quo warranto – involves public office askkkkkkkk
habeas corpus – spec proceedings R 102 – remedy if a person is illegally detained or unlawfully deprived of
liberty
injunction – to prevent the defendant of the performance of a certain act
writ of preliminary injunction is diff –
2. actions affecting ambassadors and other public ministers and consuls
Appellate Jurisdiction of RTC
Over all cases decided by the MTC
- of its delegated jurisdiction (cadastral and land registration cases) is not appealable to the RTC, but to
CA bec it is a judgment rendered by the MTC and their decisions in these cases shall be appealable in
the same manner as decisions of the Regional Trial Courts.
- Only one exception: Under Sec 34, such judgment is appealable to the CA (same with MTC)

New provision

Section 3 of R. A. No. 11575 introduces a new provision, to wit:

SEC. 3. Delegated Authority of the Supreme Court to Adjust the Jurisdictional Amounts for First and
Second Level Courts. – The Supreme Court, unless otherwise provided by law, without prejudice, however,
on the part of the Congress to adjust the amounts when the circumstances so warrant, may adjust the
jurisdictional amount for first and second level courts to: (1) reflect the extraordinary supervening inflation
or deflation of currency; (2) reflect change in the land valuation; or (3) maintain the proportion of caseload
between first and second level courts.

- The SC is now given the power to change/ adjust the jurisdictional amount / legislative power
- When may the SC adjust the jurisdictional amount? When there is extraordinary inflation or deflation

Jurisdiction of Family Court – special court

under R. A. No. 8369, otherwise known as The Family Courts Act of 1997.
- Cases under FC were previously under the RTC
- exclusive original jurisdiction to hear and decide on cases that involves a minor/ family relations
- Ex. Guardianship, custody of minor, habeas corpus of minor, adoption or revocation, annulment of
marriage, declaration of nullity of marriage, for dissolution of conjugal partnership of gains, support,
in criminal cases (if it involves a minor, victim or accused), Petitions for declaration of status of
children as abandoned, dependent or neglected children, petitions for voluntary or involuntary
commitment of children; the suspension, termination, or restoration of parental authority
- No more action for constitution of a family home. It becomes the family home by operation of law

Jurisdiction of CA
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.
- Principally an appellate court (concurrent original jurisdiction - two courts of diff levels both
exercising same jurisdiction with the RTC and SC) (then we apply the rule of hierarchy of courts)
- But they also exercise an original jurisdiction

Writ of kalikasan COJ – CA and SC

Writ of Amparo
Quo Warranto
Habeas Data

Exclusive original jurisdiction over actions for annulment of judgment of Regional Trial Courts;
There is only one action where CA exercises Exclusive Original Jurisdiction (Rule 47 ANNULMENT OF
JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS)

Over what cases does the CA exercises appellate jurisdiction

- Judgement rendered by the RTC, either in the exercises of its original or appellate jurisdiction (Rule
41 APPEAL FROM THE RTC)
Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of Regional
Trial Courts and quasi-judicial agencies, instrumentalities, boards or commissions,
Judgment rendered by the RTC in the exercise of its Original jurisdiction –

Judgment rendered by the RTC in the exercise of its Appellate jurisdiction -

Judgment rendered by the Quasi-judicial – Petition for review

If the judgment of the RTC in the exercise Original jurisdiction and raises a question of law – it is taken to SC

Jurisdiction of SC
A. Jurisdiction of the Supreme Court under R. A. No. 296 (The Judiciary Act
of 1948) as amended by R.A. No. 5440.
Sec. 17. Jurisdiction of the Supreme Court. The Supreme Court shall have original jurisdiction over
cases affecting ambassadors, other public ministers, and consuls(concurrent with the RTC’s jurisdiction);
and original and exclusive jurisdiction in petitions for the issuance of writs of certiorari, prohibition and
mandamus against the Court of Appeals.

Cases over which the RTC cases can be appealed to SC or CA

RTC to SC if there is a pure question of law – original jurisdiction
RTC to CA is there is a question of fact and law (both) -

March 3, 2022

RULES OF COURT

Civil Action Criminal Action Special Proceeding

A party sues another for the By which the State prosecutes a A remedy by which a party
enforcement or protection of a right, person for an act or omission seeks to establish a status, a
or for the prevention or redress of a punishable by law (crime or right, or a particular fact
wrong offense)
Always adversarial (because on Always adversarial (one party Not adversarial (because the
party is always suing another) against the other party) petitioner is just asking the
court to do something for him)
Parties: Plaintiff- one who files the Parties: People of the Philippines Parties:
complaint and Defendant – against (Plaintiff) and Accused Only the petitioner; no
whom the complaint is filed opposing party
Initiatory pleading - complaint Initiatory pleading – petition

What ‘wrong’ is sought to be prevented/redressed?

- Violation of his right

In what cases are the ROC not applicable?

1. Election cases
2. Land registration
3. Cadastral
4. Naturalization
5. Insolvency proceedings
- They have their own special rules

Are there instances where ROC may be applied in these cases?

- YES. It may be applied in a suppletory – when the special governing law in these cases do not provide
for certain circumstances; when there are no applicable rules.
How is civil action commenced?
- By filing of the original complaint in court. (original – because there may be an amendment complaint;
later pleading)

Alday sunlife proton cases****

When is the civil action being commenced upon the filing of the later pleading?
– Sec. 5, second sentence.

Sec 6 – liberally construed

Is the liberal construction of the ROC and other procedural rules, the general rule or the exception to the
general rule?
- It is the exception to the general rule – it is only through strict compliance for the objective to be
achieved.
For what purpose did the SC promulgated the rules – Sec 6

Nova Technica v PNB March 13, 2013

When then do we interpret and apply the rules liberally?
- When a strict interpretation application of the rules will defeat or subvert rather than promote the
purpose of which the rules are promulgated.

Two actions
Ordinary civil actions

Special civil actions

Both governed by the ordinary civil actions

What then makes special proceedings special?

- While they are governed by ordinary civil action, they are also governed by special rules pertaining to
them

Rule 2, Sec 1 – special civil proceeding need not be based on a cause of action unlike ordinary civil action

Cause of action – acts or omission by which a party violates a right of another

Whose act or omission violates the right of another – the act or omission of the defendant

The right of the plaintiff must be a legal right conferred by law or contract

Does a parent have a right to demand support from their adult child?
- YES. But not a legal right. Not demandable

Does a minor have the right to be supported by his parents?

- YES. Under the Family Code

Sec 3. One suit for a single cause of action

If Mr A violates the right of Mr B, then Mr B has one cause of action against Mr A

Under Sec 4, Mr B cannot file two or more suits based on one cause of action

Remedy for plaintiff against multiplicity of suits – the filing of one or a judgment upon the merits in any one
is available as a ground for the dismissal of the others.
The defendant will file a motion to dismiss the case 2 and 3 –

The filing of case no 1 is a ground for the dismissal of case no 2 and also for case no 3
- Because case no 1 is already pending

Litis pendecia – same parties, same cause of action

In case no 3, a judgment was already rendered (judgment upon the merit)

- File a motion to dismiss the case no 1 and case no 2 on grounds of res judicata

Any the plaintiff file 1 suit joining several causes of action that he filed against the defendant?
- YES. The plaintiff may join several causes of action in 1 suit against the defendant
- Not only allowed but encouraged

Suppose Mr Y violated a right of Mr X. Mr X has one cause of action. Mr Y violated another right of Mr X.
Mr X has now two causes of action. Mr Y against violated a third right of Mr X.
- Mr X has three causes of action against Mr Y
- May Mr X file three suits against Mr Y for the three causes of action?
o YES.
- May Mr X join three causes of action
o Joinder of causes of action, so Mr X may file for 1 suit/complaint
- REQUIREMENT
- Shall not include special civil action
- Shall not also include actions governed by special rules
- Only ordinary civil action may be included in the joinder
- Between the same parties but pertain to different jurisdiction the joinder may be made in the RTC
provided that one of the suits falls within the jurisdiction of the RTC
- When all the causes of action are for recovery of money, the aggregate amount claimed shall be the
test of jurisdiction

What is the remedy if the cause of action is misjoined?

- It may be severed by a motion of a party (motion to severance) or by a court motu proprio
- motion of a party or by the court motu proprio and proceeded with separately in another action.

Who may be parties in a civil action?

- Natural or juridical persons or entities authorized by law (ex. legitimate labor union; estate of a
deceased person, corporation by estoppel)

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9-14-2021

Ordinary civil action

Who may be parties in a civil action

1. Natural persons – human beings
2. Juridical persons – one which is conferred by law; not human being but they are given by law juridical
personality as if they are human beings.
a. Ex. Partnership registered by SEC
3. Entities recognized by law – not juridical person; but they are authorized by law to be parties in a civil
action
a. Ex. Legitimate labor organizations/unions; corporation by estoppel; catholic church, state or
its political subdivision, partnership with a capital of P3000 (they cannot sue but they can be
sued); after the dissolution of a corporation (has 3 years for liquidation)
 b. Roman catholic church – not registered with SEC; we started to exist way before SEC; it may
sue and may be sued

How are the parties in a civil action designated; who are the parties
1. Plaintiff – original claiming party and one who files a complaint; because someone violated their right;
has a claim against the defendant
2. Defendant – the one who the claim was filed against to.
3. Counter claimant (w/o leave of court) – not all defendants are counter claimant; a defendant in the
main action; who files a claim against the plaintiff against the claim filed by the later in the same
action; 23:00:00; he is always referred to as the plaintiff with respect to the counterclaim
4. Cross claimant – a plaintiff CANNOT file a cross claim against his co-party; w/o leave of court
a. A defendant who files a claim against his co-defendant;
b. What kind of claim? Should be one that is dependent to the original claim
c. The defendant cannot just file any claim against the co-defendant
d. If the cross claimant (defendant) is not held liable under the claim of the plaintiff against him
then the cross defendant (co-party) will not be also liable
e. Not as a plaintiff but as a defendant
f. Always related/dependent to the claim of the plaintiff against the cross claimant
g. The court has already acquired jurisdiction
5. Third-party plaintiff – he must be a defendant
a. How he become a third party (etc)
b. File a claim against a party that is not yet party of the action (hence, the court has no jurisdiction
over the person)
c. Why is leave of court needed? Because they are not originally impleaded in the original action;
for the court to acquire jurisdiction
d. How does a court acquire jurisdiction?
i. Through summons; summons must be served
e. The defendant becomes the claiming party
6.

42:00:00 who are the plaintiff and defendant

If there is cross claim and if there is a third party complaint – when the court render a judgment, the court has
to resolve all the claims; the judgment will bind al the claims; there is only one judgment to be rendered in
that suit

RULE 3 SEC 2- 2nd sentence

Who prosecutes a civil action – the plaintiff
- That means, every action should be prosecuted by plaintiff and every action should be defended by the
defendant

Real party in interest –

We have to go back to the definition of cause of action to determine if the plaintiff/defendant is a real party-
in-interest

Plaintiff - Was the right that was violated by act or omission of the defendant is the plaintiff? If yes, then the
plaintiff is a real party in interest

Defendant – we ask the question, was it the act or omission of this person named as defendant which violated
the right of the plaintiff? If yes, then that person is the real party in interest

RULE 3 SEC 3
Why “in the name of” instead of “by the name”
- Because he may be represented.
- Even if the plaintiff is being represented, the name of that plaintiff must still be included in the title.
- His representative does not become the real party in interest

SEC 4 General Rule

- Spouses shall sue if one spouse want to sue; he must be joined by his spouse
- If a person sues a person, the spouse of the one being sued should be joined

Reason on why they should be joined

- Because their properties are common to both of them

XPN:

SEC 5 minor or an incompetent person may be sued and sue with the assistance of their parents (father,
mother), guardian or if none, a guardian ad litem (judicial guardians appointed by court)

If there is no guardian – then he may be represented by a guardian ad litem

- Guardian ad litem – only in that particular civil action (ad litem – for this case)

Two kinds of real party in interest

1. Indispensable party – is one who without whom no final determination can be had of an action
a. If an indispensable party is not impleaded the court cannot proceed with the trial of the case.
b. What if the trial proceeded and rendered a decision – the judgment will be null and void.
2. Necessary party – one who is not indispensable therefore he is dispensable
a. He may be dispensed with
b. Why? Suppose a necessary party is not impleaded, may the court proceed with the trial and
render a judgment? Yes.
c. Its always the plaintiff who impleads the defendants
d. When a necessary party is not impleaded, whose fault is that? It’s the plaintiff, because he is
the one who decides who to implead.
e. But the court may still proceed with the trial
f. Is there a consequence? Those already parties cannot be accorded the complete relief – plaintiff
(because it was his failure not to implead the necessary party)

Mr A and B obtained a loan from Mr C – 10M

- It was stipulated that A and B’s obligation is joint and several
- A and B failed to pay their obligation despite demands
- For some reason, C only filed a complaint against A
- Is B an indispensable or necessary party?
o B is a necessary party
- May the court proceed with the trial?
o Yes
- Consequence?
o C may not be able accorded complete relief
- How much will C be able to recover?
o 5 million
- Why can’t C be accorded complete relief?
o Because he did not implead B

The misjoinder of an indispensable or necessary cannot be a ground to dismiss an action

The necessary party is always the defendant
- Non-joinder is not a ground to dismiss the action
- Remedy? The court, upon motion of the defendant who is impleaded, may order the plaintiff to join
the defendant to be a necessary party
- What happens if the plaintiff fails to join the necessary party despite the order of the court, and the
plaintiff has no valid reason
o Remedy? The plaintiff may be deemed to have waived his claim against the defendant
o The plaintiff cannot file any separate action against the defendant because he already waived
such claim
o But if there is no order from the court, the plaintiff may still file a case against the defendant

Non-joinder of Indispensable party – not a ground for the dismissal of the action
- Remedy? for the court, upon motion of the defendant, to issue an order to join the defendant as an
indispensable party
- Suppose despite the order, the plaintiff still failed to implead without a valid cause
- Remedy? For court to dismiss the action (because it cannot be proceeded without the indispensable
party)
- Not on a ground of a non-joinder
- Dismiss on the ground that the plaintiff failed to comply with the order of the court

SEC 6 Permissive joinder of parties

Two kinds:
1. Permissive joinder of several persons as plaintiff
a. when may several persons join as plaintiffs in one complaint against a defendant?
i. Mr X violated the right of Mr A. Mr A now has a cause of action. Suppose Mr X violated the
right of Mr B, Mr B has a cause of action against Mr X. Mr X also violated the right of MR
C. Mr C now has a cause of action against Mr X.
ii. Mr A, B, and C has a cause of action against Mr. X
iii. When may they join as plaintiffs in one complaint?
1. Yes. Provided their causes of action arose from one and the same transaction.
b. But they are also allowed to file a case separately
c. If the case is already in court but separately, the defendant may file a motion the court to
consolidate the cases against him.

2. Permissive joinder of several persons as defendant

a. Defendants do not joint defendant
b. When may the plaintiff join several persons as defendants in one complaint?
i. Mr A violated the right of Mr X. Mr B also violated the right of Mr X. Mr C also violated the
right of Mr X.
ii. May Mr X may join Mr A, B, C as defendants in one complaint?
1. Yes. Provided the causes of actions arose from one and the same transaction

SEC 12 Class Suits

When may a class suit be filed?
- Requisites of a class suit
How will the class suit be filed?
- Who will file? Supposed there are 1000 plaintiff? By a number which is sufficiently numerous. Only
10 plaintiffs
How to determine if they have general interest
- Determine the subject matter
- Do these numerous persons have interest to this one subject matter? If yes, then a class suit is proper

Scenario: Some 500 family members of the passengers who died in a plane crash, filed a class suit against the
airlines.
They are claiming damages for the death of their relative.

Is a class suit proper?

- Determine first what is the subject matter of the action
o To claim/recover damages
- Is there a common or general interest in the one subject matter of the matter?
o None. Each family members has their own interest.
o They have no common or general interest in the subject matter.
- Thus, the class suit is not proper

Scenario: There is a parcel of land, and 500 persons claim a parcel of land. Each of them claim a portion of
that land. A person was able to have a title of portion of the land registered in his name.

May they file a class suit against that one person?

52:00:00
- These 500 have no common or general interest in one subject matter of the case

Scenario: A group of minors represented by their parents filed a class suit against Factoran

They also included minors yet unborn

Filed an action to compel Factoran to cancel all timber permits that he has issued and to cease and desist from
further issuing timber permits

Their reason was to protect the environment

- Is that a proper class suit?

o It is a proper class suit.
- Determine first what is the subject matter of the action
o Protect the environment
- Is there a common or general interest in the one subject matter of the matter?
o Yes.
- Why can’t we separate the interest of one minor in protecting the environment from the interest of the
other minor?
o Because they share a common interest. Because there is only one environment

RULE 4 Venue of Actions

Real action – those affecting title to or possession of or interest in real property.
- All real action involves real property
- But not all actions involving real property are real action.
Personal action – any action that is not a real action
- Any actions that does not involve real property

Why do we have to distinguish? The rule in determining the proper venue in real action is different from the
proper venue in personal action

Venue in Real Action Venue in Personal

Action
Shall be commenced Shall be commenced
and tried din the proper and tried din the proper
of the place where the of the place where the
real property involved plaintiff resides or the
or a portion thereof is defendant resides, at
situated the election of the
plaintiff
 The court having Why do the plaintiff
jurisdiction over the choose? Because he is
case the one claiming an
action

In what instances do these venues not applicable

Shall not be applied where a specific rule or law provides otherwise
o Ex. Rule 66 – petitions of quo warranto - Shall be filed in the RTC where the person resides
Where the parties have validly agreed in writing before the filing of the action on the exclusive venue
o That agreement will prevail over the provision of Rule 4
o Scenario. The parties agreed that any action arising between them shall be filed in the proper court of
Pasay City.
▪ No. It is not an agreement on exclusive venue. That will just add to the proper venue
▪ Because of the word “shall”; “shall only and exclusively be filed in Pasay City”

RULE 5 that the rules on procedure in the MTC as the same in the RTC except there is particular provision
that expressly says that that particular suit only apply in a particular court

Summary procedure – applies only on MTC and only in certain cases

RULE 6
What is a pleading – are written statement of the respective claims and defense of the parties submitted to
the court for appropriate judgment
- Ex. Complaint, counterclaim, cross-claims, third party complaint, or complaint-in-intervention

Complaint

Counterclaim – sets forth a claim of a defendant against the plaintiff

Cross claim – sets forth a claim of a defendant against his co-defendant

Third party complaint – sets forth a claim of a defendant against a third party not yet a party to the main
action

Answer – sets forth the defenses of the defendant

b. Negative defense – specific denial of the material fact or facts alleged in the pleading
i. Material facts – essential to the cause of action
c. Affirmative defense – 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.
i. There are 18 affirmative defenses
1. Fraud
2. Statute of Limitations
3. Release
4. Payment
5. Illegality
6. Statute of Frauds
7. Estoppel
8. Former recovery
9. Discharge in bankruptcy
10. Any other matter by way of confession and avoidance (Rule 6 Sec 5b)
11. No jurisdiction over the subject matter of the case
12. Litis pendecia
13. Res judicata (Rule 6 Sec 5 par 2)
14. The court has no jurisdiction over the person of the defendant
15. Improper venue
 16. Plaintiff has no legal capacity to sue
17. The pleading asserting the claim states no clause of action
18. A condition precedent for filing the claim has not been complied with (Rule 8 Sec 12)

- Ex. Prescription. The plaintiff cannot recover his claim against the defendant. The defendant is deemed
is hypothetically admitting the claim.
- The court has no jurisdiction over the subject matter of the case.

- Can the negative defense co-exist in affirmative defense?

o Yes. Because the admission is only hypothetical.

Reply – sets forth

- To what pleading is it responsive to the answer
- Filed by a plaintiff
- A reply is useless under the old rules.
- Even if the plaintiff did not reply, all the new matters being alleged in the answer are deemed
controverted
- Under the new rules, the filing of a reply is now prohibited
- It can only be filed if the defendant attached an actionable document in his action.

Rejoinder – if an actionable document is attached to the reply filed by the plaintiff, the defendant may file a
rejoinder but only to controvert the actionable document
- Responsive pleading to the reply

Motions are NOT PLEADINGS

---
9-21-2021

Pleading – written statement of the respective claims and defenses of the parties submitted to the court for
appropriate judgment.

Complaint – plaintiff against the defendant

Counterclaim – claim of the defendant against the plaintiff set up in that same action of the plaintiff

Cross-claim – a claim of one defendant against his co-defendant

- Contingent upon the clam of the plaintiff against the cross-claimant
- Must be related to the claim of the plaintiff
- Could not be filed by a plaintiff

Third party complaint – a claim of a defendant against a person who is not a party to the main action
- Because this party is also contingent upon the main action by the plaintiff
- Must also be related to the claim of the plaintiff against the third-party plaintiff
- If the third-party plaintiff is not held liable then the third-party is not also liable

Pleading that set forth the defenses of the party

1. Answer – a pleading in which a defending party sets forth his or her defenses
a. Answer to each pleadings
b. Mandatory – otherwise, the defendant will not be able to deny the allegation

2. Reply – a responsive pleading to the answer

- Filed by the plaintiff
- Is the plaintiff required to file? NO.
- Required only if there is actionable document
 - To deny the matter alleged in the answer
- If not, all the allege new matter are deemed CONTROVERTED

3. Rejoinder – introduced by the 2019 amendments

- Filed by the defendant
- When? NO. he cannot
- XPN: only when the plaintiff attaches an actionable document to his reply

All other document that is submitted to the court are NOT PLEADING

Answer
Two kinds of Defenses
1. Negative defense – specific denial of the material facts alleged in the complaint or in the counterclaim,
etc.
a. Material Facts – are the facts alleged in the complaint constituting or are essential to the cause
of action of the plaintiff against the defendant or any defending party.
b. There may be other facts

2. Affirmative defense - an allegation of a new matter in the answer

a. Deemed to have admitted the material facts of the plaintiff (Hypothetically admission)
b. Ex. In his answer, the defendant alleges a new matter. He filed an affirmative defense of
prescription. That the action of the plaintiff has already prescribed.
c. Why would that new matter prevent the plaintiff from recovering his claim against the
defendant, when the latter hypothetically admitted the said claim? Because said action has
already prescribed therefore his action should be dismissed.

A counter is a claim filed by a defendant against the plaintiff in the main action which the plaintiff commenced
against the counterclaimant (defendant).

Two kinds of counterclaim

1. Compulsive counterclaim –
a. Requirements: the counterclaim must…
i. Must be cognizable by the regular courts of justice;
ii. Must arise from the same transaction from where the claim of the plaintiff against the
counterclaimant arose
iii. Must not require the presence of third parties of whom the court cannot acquire jurisdiction.
iv. Must be within the jurisdiction of the court both as to its amount and nature

An action for sum money involving a demand in the amount of 1.5m

- What court exercises jurisdiction – MTC (BP 129 as amended)
- Suppose that the defendant is the employee of the plaintiff. The defendant has a claim of back wages
to the plaintiff in the amount of 800k. The defendant filed a counterclaim for the back wages.
- I. Is it cognizable by the MTC? NO. Back wages is not cognizable by the court of justice but the
labor arbiters
- II. Does it arose from the same transaction? The claim of 1.5m arose from transaction no. 1; the
counterclaim of 800k arose from transaction no. 2 – NO. The second requirement is not satisfied. The
counterclaim of 800k must have arose from transaction 1
- IV. The counterclaim must be within the jurisdiction of the court where the main action is
pending. The claim of the plaintiff is a sum of money with an amount of 1.5m; the counterclaim is an
action for specific performance, is it compulsory? NO. Because the counterclaim does not fall within
the jurisdiction of the MTC before the main action is pending. It falls within the jurisdiction of the
RTC (because it is not capable of pecuniary estimation)
o There is an exception. When the counterclaim falls under the jurisdiction of MTC, the main
action is already pending before the RTC
 2. Permissive counterclaim – is one that does not arise from the same transaction
a. Requirements
i. Must be cognizable by the regular courts of justice;
ii.

a defending party in the main action is the defendant;

Cross-claim – must arise from the same transaction where the claim of the plaintiff
- That all cross-claim are compulsory cross-claims; there is no permissive cross claim
- Effect if not set up in the main action – the defendant is deemed to have waived his claim

Where does a defendant set up his counterclaim – in the answer of the defendant.

When a defendant sets up a compulsory counterclaim in his answer to hi

A compulsory counterclaim does not require docket fees unlike permissive counterclaim
- he may not have money
- he may not set it up and deemed to have waived it
--- UP UNTIL 12:00

Cross-claim – all compulsory; therefore not immediately required to pay docket fees
- if he does not set up his cross claim, then that defendant is deemed waived his claim from his co-
defendant

Reply – all the new matters alleged are deemed controverted even if the plaintiff does not reply
- if there is actionable document, he must file
o for him to deny, otherwise he is deemed to have admitted such document.

Rejoinder – GR: the defendant need not file a rejoinder unless there is an actionable document

Third-party complaint -
Why is the filing of third-party complaint needs a leave of court?
- Must also be dependent upon the claim of the plaintiff filed against him by the defendant
o Otherwise, the defendant should file a separate action against the third person
- When he is now allowed (defendant), the court will issue summons, so the court will acquire
jurisdiction over the third person.
- The court will resolve all those claims in one judgment

RULE 7 Self-explanatory
- Remember the parts of the pleading

Alleged – facts constituting the cause of action

Pg 333

If the plaintiff fails to allege one essential fact, then the complaint would fail to state a cause of action

Sec 3 – Signature of the counsel

Verification – GR: pleadings need not be verified except when required by a specific law

How is it verified (Sec 4)

- By an affidavit
- All initiatory pleadings (commences an action) must be verified
- Thus, when an answer is filed, there is already an action. It need not be verified.
Otherwise, it is an unsigned pleading, thus it is as if you didn’t file a pleading.

Certification against forum shopping – all initiatory pleading must include this certification
- It may be incorporated or in a separate paper
- That when you file an action, the plaintiff attesting to the court that he has not filed any action in any
court involving the same parties for the same cause of action.
- Otherwise, it will dismiss the action for the ground of litis pendecia
- Should be under oath, and signed by the plaintiff
- Consequence if the plaintiff fails to include in his initiatory pleading? Cause for a dismissal of the
action

Verification and the certification are mandatory

SEC 6

Before the 2019 amendment – only ultimate facts and not the evidenciary matters

- Pleadings must alleged the witnesses that you will present

- Summary of the testimonies of the witnesses
- There is no more direct examination – witnesses are not examined by court; the party will submit only
a judicial affidavit. He will be cross-examined based on the judicial affidavit
- The plaintiff should already attach the evidences

RULE 8
SEC 7 Actionable document – a document on which the cause of action is based
- Must already be attached in the complaint if his cause of action is based on this document.
- If the defenses of the defendant is also based on a document, he may also attach the same in his answer

How should the defendant deny the due execution and authenticity (genuineness) of that actionable document?
- The defendant must specifically deny under oath the due execution and authenticity of the actionable
document.
- It’s important for the part of the defendant to deny.
- If the defendant will just specifically deny the document, he will be deemed to have admitted the
authenticity and due execution of the actionable document

If the defenses of the defendant are also based on actionable document, he must also attach the same in his
answer
- How would the plaintiff specifically deny the due execution and authenticity? He should also verify
the reply (an xpn to the rule)

How is specific denial made?

1. Absolute denial
a. When do we use this? When the defendant wants to deny all the facts alleged in the averment
b. How is it made? Made when the defendant (1) specified each and every fact that the defendant
denies and if practicable, (2) by alleging the facts in support of his denial.
c. It is sufficient that the defendant will just refer to the number for the complaint; not necessary to
repeat each allegation in the complaint
d. The defendant will state his known truth in the denial.
e. “The defendant denies the allegation in number 5 the truth being that…”

2. Partial denial – there are certain facts that he may not deny. Because it will redound the benefit to the
plaintiff. His credibility may be attacked
a. Specify the facts that he admits as true and material and he should deny the rest
 3. Disavowal of knowledge – he will not deny nor admit; he will state that he is without knowledge or
information sufficient to form a belief as to the truth of material allegation.
a. the defendant does not know if the facts is true or not true
b. Not known to him
c. If he does not deny it, he will be deemed to have admitted it.
d. If cannot deny it, because he does not know if it is true or not
- If he will deny it, then it will be contradicting. How can you deny something you do not know.

What is the consequence if it is not properly denied (not specifically denied)?

- He is deemed to have admitted them; it is a general denial

SEC 12
Affirmative defenses

Under the old, these are the grounds for motion to dismiss

There are only 4 motion to dismiss

1. No jurisdiction
2. Statute of limitation
3. Pendency of another action between the same parties for the same cause
4. Bar by prior judgement

What a defendant may do, is to allege an affirmative defense and set up a counterclaim

RULE 9
Either fail to file a pleading or failure to alleged in the pleading

SEC 1
The defendant must allege his objection/defense to the complaint either in a motion to dismiss or in his answer
- Consequence – he is deemed to have waived his objections/defenses; he cannot raise it anymore

There is certain objection even if there are not plead they are not deemed waived:
1. Lack of jurisdiction over the subject matter
2. Statute of limitation
3. Pendency of another action between the same parties for the same cause (litis pendentia)
4. Bar by prior judgement (res judicata)
→ The court may motu propio dismiss the case

SEC 2
The defendant is deemed waived a claim; he can no longer file a separate action to the plaintiff and co-
defendant

When a defendant fails to file his answer to the complaint within the prescribed period?
- Remedy of the plaintiff – file a motion to declare the defendant in default; the court cannot motu
proprio declared the defendant default;
o If the defendant is not yet declared default, he may file his answer anytime.
- If it is a litigious motion, the court will wait for the defendant to file for his opposition
- Effect: the defendant can no longer file his answer; he can no longer participate in the trial of the case

- Remedy of the defendant – may file a motion to set aside the order of the court
o When can he file a motion to set aside the order of the court? At any time after he receive the
notice and at any time before the judgment of the court
o On ground of:
 a. That his failure to answer was due to fraud (fraud committed against him; sabi ni plaintiff di
na itutuloy, pero hindi pala), accident (when not his fault), mistake (on the part of the
defendant or by his counsel) or excusable negligence (the counsel for the defendant failed to
file the answer through some negligence)

What may the court do?

1. The court may immediately render judgment based on the allegations in the complaint
- It will be definitely be adverse to the defendant
- The defendant is deemed to have admitted thus, it is considered as proved. Then the court may now
render judgment

2. Instead of rendering judgment, the court may order the plaintiff to present evidence ex parte (without
the other party/defendant), and render judgment base d on the allegation and the evidences presented by
the plaintiff

Actions where the court cannot, even upon motion, declare on default
1. Annulment of marriage
2. Declaration of Nullity of marriage
3. Legal separation
Reason: Collusion between the parties is prohibited

9-28-2021 (Rule 10)

Amended and Supplemental Pleadings

Reply/Rejoinder – as a rule is a prohibited pleading (XPN: if there is only an actionable document)

A motion is NOT a pleading

Even if a pleading has already been served to the adverse party and has been filed to the court, it may be still
be amended

What changes may he introduce?

1. May strike-out an allegation/s in the pleading
2. Add or strike-out name/s of the defendants
3. The party may also correct a mistaken or insufficient pleading

Two ways by which a pleading ay be amended

1. As a matter of right –
a. When is it a matter of right – only once at any time BEFORE the responsive pleading to the
pleading has been served to the pleader.
b. Example. After the plaintiff has filed his complaint, he may realize that there are errors in the
complaint which he may want to amend. At any time before the answer to the complaint has
already been served to the plaintiff, he may amend it AS A MATTER OF RIGHT
c. What does that mean? He can just file the amended without asking permission from the court
d. What changes? Almost anything; changing cause of action
e. Otherwise, after the answer has already been served to the plaintiff, amendment to be
introduced by the plaintiff is no longer a matter of right; he may now amend the complaint
through a leave of court (nonetheless, he may still amend the complaint)

2. With leave of court –

a. Filing a motion to leave to file amended a complaint
 b. The defendant may oppose such motion for leave within 5 days from his receipt of the motion
c. When a party files a motion for leave to file a motion or pleading; he should attach or include
to the motion to file, the motion or pleading he intends to include.

Grounds for the court to deny leave to file amended complaint:

1. If the court determines that the intention of the plaintiff in amending is to delay the proceeding
2. If the court determine that t the amendment is intended to confer jurisdiction on the court
a. Example. Based on the allegation on the original complaint, the court has no jurisdiction
(basically, the court determines jurisdiction through the complaint), the intention of the
plaintiff is to change the complaint for the court to have jurisdiction
b. He would have been allowed to do this if it was a matter of right; but not with leave of court
3. If the court determines that the purpose of the amendment is to state a cause of action
a. The original complaint does have a cause of action
b. He would have been allowed to do this if it was a matter of right; but not with leave of court

Is there any exception? When leave of court may be dispensed with even if after the serving of the answer to
the plaintiff
- when the amendment is intended to correct a clerical/typographical error in the complaint
- the court may even motu proprio amend or upon motion

You can replace the said complaint with other pleading

Are there pleadings that cannot be responded to?

- Reply and rejoinder
- The plaintiff wants to amend the reply
- When may the plaintiff amend the reply as a matter of right

How is the amended pleading filed?

- Serve a copy of the amended complaint
- Submit the amended complaint to the court
- The entire complaint and incorporating the amendment and underlining the said amendments
o So that the parties and the court will know what amendments were introduced

What is the effect of an amended complaint to the original complaint

- An amendment pleading supersedes (take the place of) the pleading it amends (the original complaint)
- It is as if the original complaint (the pleading that was amended) does not exist anymore
o However the original pleading will still be on the record
There is an exception
- The GR, the amended pleading supersedes the original pleading
- XPN: an admission made by the pleader in the original pleading may still be offered in evidence
against him (so, it is not necessarily extinguished)

• When you admit something, it is always adverse and not favorable to you

Supplemental Pleading – occurrences, transactions, events that may happen AFTER the pleading has been
filed.
- These happenings are relevant to the pleading

Is he allowed to amend?
NO. It would not be proper

What should the pleader do? (Remedy)

- Motion for leave to file a supplemental pleading and he has to attach the supplemental pleading
- The adverse party may oppose
 - File a supplemental pleading which would now alleged the new happenings
- Always with leave of court; thus, it is not a matter of right

What is the effect?

- It has no adverse effect to the complaint
- The original pleading will remain as a pleading
- The supplemental pleading will just be an addition to the complaint

RULE 11

1. Answer to the complaint – within 30 days from service of summons

2. Answer of a defendant which is a foreign private juridical entity – within 60 days from service
of summon
a. It’s the government official to receive the summon from the court and to serve the summons
on the foreign private juridical entity
b. Applies only if they are not doing business and has no resident agent in the Philippines
c. foreign private juridical entity – foreign corporation
d. If they are doing business and has resident agent in the Philippines – it is the resident who will
served such summon
i. Within 30 days after service of summons
e. If the question is only foreign private juridical entity – qualify your answer as to doing
business; has agent and as to not doing business; has no agent

3. Answer to an amended complaint – qualify your answer (it depends…)

a. When the amendment complaint responded to was amended as a matter of right – within
30 days after service of amended complaint
b. When the amendment complaint responded to was amended with leave of court – within
15 days from notice of order granting leave of court; which includes the copy of the amended
complaint

4. Answer to counterclaim or cross-claim – within 20 days from service

a. Who will file the answer to the counterclaim? Plaintiff
b. When will the plaintiff receive a copy of the counterclaim – when the plaintiff is served a copy
of the answer of the counterclaimant, then he will receive the counterclaim
c. Why? The counterclaim is incorporated to the answer
d. From that time, he has to file an answer.

e. when should the answer to the cross claim be filed?

f. Filed by the cross-claimant
g. When will the cross defendant receive the copy of the cross claim? When the cross-claimant
serves a copy of his answer incorporating the cross claim on the cross defendant

May the courts shorten the period?

NO.

May the court extend the period?

- NO
- the court may not extend for the period for any other pleading
- the court may extend the period for filing the answer for another 30 days
- in the exercise of the court’s discretion, it may allow the filing of the pleading beyond the period
prescribed by the rules
 - if a party failed to file or cannot file his pleading within the period prescribed by the rules, he cannot
file a motion for extension of the period for filing the pleading what he should do is to just file his
pleading even after the period prescribed by the rules with an explanation
- motion to admit pleading to explain why he is filing the pleading beyond the prescribed period by
the rules
- may the court admit a pleading if it is file beyond the prescribed rules? YES

RULE 12
Which party may file?
- The defendant or any defending party may file a motion for bill of particulars
- Ground:
o When there is certain allegation in the pleading which is to be responded to, that are stated
without particularity or definiteness
- Allegation where the defendant could not understand because they are vague – thus, he could not
prepare his answer
- There are important details that were not alleged in the complaint
- Purpose: to help him prepare his answer to the complaint

When should the defendant file?

- Before his filing of answer
- Within the period to file his answer (30 days from service of summons)

What is the effect of the filing to the running of the period for filing the answer
- Suspends the running of the period for filing an answer

The defendant filed a motion of bill particular on the 20th day on the 30-day period
- The running of the period will stop in the 20th day

A litigious motion (bill of particulars) was filed, the adverse party (plaintiff) has a period of 5 days within
which he has to file an opposition.
- He need not include or set a notice of hearing
- There is no more hearing

What should the court do upon the filing of motion of bill of particulars?
- the court may grant or deny the motion outright, or set the motion for hearing in the exercise of its
discretion
- inconsistent between Rule 12 Sec 2 and Rule 15

Suppose the court grants the motion, what should now the plaintiff do?
- The plaintiff shall file the bill of particulars within 10 days from his receipt of the order granting the
motion
o Either incorporated in an amended complaint or a separate complaint

What is the effect if the plaintiff fails to file the bill of particulars?
- The pleading to which the motion of bill particular is directed (complaint), may be stricken out of the
record
o The case will be dismissed

Suppose the plaintiff complied, what should the defendant do now?

- File now for an answer to the complaint within the period to which he is entitled at the time he filed
his bill of particulars – 10 days
- 20th day of the 30-day period
- It suspends the running of the period
Suppose the court denied the motion and the defendant now receives the order denying his motion, what
should the defendant do?
- He should now file his answer
- Within the period to which he is entitled at the time he filed his motion for bill of particulars
- 10 days from his receipt of the order of the court denying his motion

RULE 13

Before a party is allowed to file a pleading, motion with the court, he is required to first serve on the adverse
party otherwise the court will not admit such pleading
- There must be a proof of serving of the pleading

Service of pleading, motion, or other papers – on the adverse party

How may he serve pleading on the adverse party?

1. Personal service – the party itself, representative, or agent goes to the residence of the adverse party
and delivers the copy of the pleading
a. Sometimes it is not practicable, the adverse party may be living in somewhere far

2. Registered mail

--2019 amendments introduced new ways--

3. An accredited courier

4. Electronic mail – it should be with the consent of the adverse party

5. Facsimile transactions

6. All other electronic means as may be authorized by the court

7. As provided for in international conventions to which the Philippines is a party

The motion may now file with the court

a. Personal filing – the party himself goes to the court and submit s the original pleading to the receiving
clerk, and the latter will stamp

b. Registered mail – the day of mailing

Even if the court receives it a week later

c. An accredited courier

d. By electronic mail or; other electronic means as may be authorized by the court in places where the
court is electronically equipped

Certain pleadings that could not be filed or service that could not be filed or served other than personal service
or registered mail (Section 14)
a. Initiatory pleading – when you file, you commence an action (Ex. Complaint)
i. The answer of the defendant to the complaint
b. Subpoenas, protection orders, and writs
i. The court will not serve personally, it will only be served through registered mail
ii. Marami na silang ginagawa jusme
 c. –
d. –

RULE 14: SUMMONS

RULE 14
2019 Amendments greatly affected Rule 14

Service of summons – the only way by which a court acquires jurisdiction over the person of the defendant
which is not dependent on his voluntary submission to the jurisdiction of the court.
- Under normal conditions, a defendant would not want to voluntary submit himself to the jurisdiction
of the court.
- In a few instances that the defendant voluntary submitted himself to the court, it turned out that he did
so by mistake or incompetence of his counsel
- It is therefore important that the court has a way of acquiring jurisdiction over the person of the
defendant whether he likes it or not.

While it is essential for the court to acquire jurisdiction over the person of the defendant in one class of cases,
it is not necessary in another class of cases.

Class of cases where Class of cases where

service of summons is service of summons is
essential not essential

Actions in personam – Actions in rem; actions

it is important that the in quasi-rem – the
defendant be served court need not acquire
summons because it is jurisdiction over the
essential that the court defendant
acquires jurisdiction - It is sufficient that
over him the court acquires
jurisdiction over
the res

Both an action in rem and personam

a. An action for forcible entry
b. An action for nullity of marriage
c. An action for sum of money
d. An action for land registration

How do we distinguish an action in personam and an action in rem?

Background on ‘ REM’
The word rem is a latin word which means thing or property. It is the same word as res which is found in res
ipsa loquitor which means the thing speaks for itself and in res judicata which means a thing already
adjudicated.

The reason on why res and rem have different ending is that it depends on how they are used in a sentence –
whether a subject or an object

Res – if used as a subject

Rem – is used as an object

Action in rem means action directed to a thing

Action in Personam Action in Rem/Quasi-
Rem
An action in personam An action in rem is one
is one which is which is directed to
directed against a res which may be
specific defendant property or the status
seeking to make such of the plaintiff seeking
defendant personally (purpose): to bind any
liable (1) to pay a person who may have
certain sum of money an interest in res or
or (2) to deliver property
property or (3) to do or - Does not seek to
not to do a particular make the
act. defendant liable
for an obligation
Since the purpose of an - Directed not
action in personam is against a person in
to make the specific particular but to a
defendant personally specific property
liable for something, it - Therefore, it is not
becomes necessary for necessary for the
the court to acquire court to acquire
jurisdiction over him jurisdiction over
so that when the court the person of the
renders a judgment, defendant
such judgment can be
enforced against the In almost all action in
defendant. rem, there is no
defendant named, and
if there is, he is not a
real defendant but only
a nominal one

A judgment in an
action in rem will be all
about res or property to
which the action is
directed

It would not make any

person liable for any
obligation except that
if it happens that a
person has an interest
in the res or property to
which an action in rem
is directed such interest
will be affected by the
judgment

An action in rem is an
action against the
whole world – a
hyperbole
 - More precisely it
means that while
an action in rem
does not seek to
make any specific
defendant liable
for any obligation,
the judgment
therein may
prejudice any
person –
including the
government – who
may have an
interest in the res
(which may be a
property or a
status of the
plaintiff)

Ex of action in Ex of action in rem –

personam – action for action for nullity of
sum of money; action marriage
for damages; actions - Where the res
for forcible entry to which the
and/or unlawful action in rem is
detainer; actions for directed is the
specific performance; status of the
actions for injunctions plaintiff

Adoption proceeding –
the res to which the
action is directed is the
status of the petitioner

You cannot file this Since an action in rem

action without is not directed against a
impleading a specific specific defendant and
defendant and without if there is one name,
praying that the the action does not
defendant be ordered seek to make him
to pay you a sum of liable to any
money or to deliver to obligation, the court
you a particular need not acquire
property or to do or not jurisdiction over the
to do a certain act named defendant (if
any).

It will suffice
therefore, that the court
should acquire
jurisdiction over the
res either by its actual
seizure or by the filing
of initiatory pleading
 How does a court
acquires jurisdiction
over the res:

a. By the actual
seizure of the
property – the
property is placed
under custodia
legis (in the
custody of the
court)
b. By the filing of
proper initiatory
pleading (status)
-
An action for nullity of
marriage is an action in
rem

What is the res? The

status of the plaintiff or
the petitioner

How does the court

acquire jurisdiction?
- By the mere filing
of petition for
nullity of
marriage, the
court acquires
jurisdiction over
the res over the
status of the
petitioner

To give notice to the

whole world –
publication
(constructive notice)

An action for land registration – directed to res

- Res – an unregistered parcel of land
- It is the res which the action in rem is directed
- The petition is not filed against a specific defendant but it names the register of deeds as a nominal
defendant
- The register of deeds is always named a defendant – because he will be the one to implement the
judgement of the court if the petition is granted
- Relief – the petitioner prays that a judgment be rendered by the court ordering the land registration
authority to direct the registry of deeds concerned to register the subject land and to issue a torrens title
over the land in the name of the petitioner (judgment)
 - The petition is directed not to any defendant but to the unregistered parcel of land
- All about the res
- Publication – to give constructive notice to the whole world who may have interest in the parcel of
land which is the subject of the action so that if he has interest, then he may go to court file a written
opposition
o But he is not technically sued by the petitioner since it is up to him to file an opposition
- The judgement will always be about the res or the subject property
- Why would it bind the whole world? To recognize that the petitioner is the registered owner of that
parcel of land

Examples of Action in Rem

o An action for the probate of a will (last will and testament)
Directed to the last will of testament
Any judgment will bind everybody including the government

o Cadastral case
o An action for declaration for nullity of marriage – using the definition of action in rem as
test

- What is the res? The status of the plaintiff: his/her marriage

- The action is directed to the status of the plaintiff
- Two persons involved - When one spouse files for petition action for declaration for absolute nullity
of marriage, in a way, the other spouse will always be affected
- The other spouse will always be named as the defendant
- How will the other spouse be affected? His own status will also be affected
- But then again, the action is not necessarily directed to that other spouse – the action does not seek
him to be liable of a certain obligation
- The other spouse is not a real defendant – he is just impleaded because in a way, he will be affected
by any judgment rendered
- The judgment in the action is about the res – declaration of nullity of marriage
- The government is also affected by the judgment – how? The government may no longer prevent the
parties from remarrying

o Adoption proceeding – directed to the status of the petitioner as an adopting parent

Juridical act which create a relationship similar to that legitimate filiation (relationship between a child and
his married parents)

No defendant is named
Why would it bind the whole world? The status of the child will also be changed
- The government should recognize the status of the petitioner and the child

Action in Quasi-in rem – One which is directed to a res but names a specific defendant and the purpose of
the action is to subject the interest of the named defendant in the res a lien or an obligation burdening the res
- combines the features of an action in personam and action in rem
- However, it is more of an action in rem than an action in personam
- Also directed to res - property no longer status
- Also names a specific defendant
- Seeks to subject the interest of the specific defendant in the res in the property to a lien or an obligation
burdening the res

The features of action in personam and an action in rem is tightly interwoven

Example
a. An action for foreclosure of a real estate mortgage
 - Who files? The mortgagee creditor (mostly banks)
- The action is directed to res – the mortgaged property
- Named defendant – the mortgagor debtor
- Does it seek the defendant liable for an obligation (paying a sum of money or delivering a property or
doing or not doing a particular act)? NO. But to subject the interest of the defendant in the mortgaged
property in a lien burdening the said property
o Lien – to secure the payment of the obligation of the mortgagor debtor to the mortgagee creditor
- It is therefore not necessary for the court to acquire jurisdiction over the person of the defendant
- Interest of the mortgagor debtor in the mortgaged property – he is the owner of the mortgaged property

Distinction of the three is important for the court to determine if service of summons is needed or not

Action for partition

- When one co-owner of the parcel of land wants to get his share in the property

The court must acquire jurisdiction over the defendant in an action in personam for the enforcement of
judgment

Why is it not necessary for the court to acquire jurisdiction over a person of the defendant?
- The action is directed to the res
- The judgment is to be enforced on the interest of the defendant over the res

To be enforced to the whole world

There is no service of summons in an action in rem

---
RULE 14 (May 1, 2020)

One of the significant changes – the court may now authorize the plaintiff to serve the summons on the
defendant

Under the old rules

- Summons may be served by the Sheriff, by his deputy or by any proper officer
- That is still true under the amendment rule

Under the amendment rule

- The court may authorize the plaintiff to serve the summons to the defendant but not in all cases only
in certain circumstances

Three instances when the court may authorize the plaintiff to serve the summons
a. Under the 1st par of Section 3 – the court may (discretionary upon the court) authorize the plaintiff
to serve summons to be accompanied by the Sheriff if there is failure of service of summons by the
Sheriff, his deputy or other proper court officer;
b. Under the 2nd par of Section 3 – the court shall (mandatory upon the court) authorize the plaintiff to
serve the summons if summons is to be served on a defendant who resides outside the judicial region
of the court without the sheriff
- Outside the judicial region of the court – when the defendant resides outside the judicial region of
the court
- The Sheriff, his deputy or other proper court officer will not even attempt to serve the said
summons
 c. Under the 5th par of Section 3 - The court shall authorize the plaintiff to serve the summons if the
Sheriff, his deputy or other proper court officer files a return indicating that he failed to serve the
summons on the defendant.
- Return – when a sheriff serves a summon after successfully serving the summons, he files a return
to the court. Reporting to the court that he was able to serve summons to the defendant on a
particular date.

Modes of Service of Summons

Attached with the complaint

Section 5
Service of summons in person is still the preferred mode of service of summons

*don’t use “personal service” (this was before the 2019 amendment) but “in person”
The term personal service is only used in pleading
- There is a difference between personal service of pleadings or motions and service of summons on the
defendant in person

How may service of summons in person may be affected?

- The sheriff handling a copy of summons to the defendant himself and informing him that he is being
served summons
- The Sheriff may explain the consequences of the summons

Suppose the defendant refuses to receive the summons and sign for its receipt
- If it was served on him, it is as if he was already properly served summons and the court would have
acquired jurisdiction over him
- Some of the defendants thinks that by doing this, they are escaping the jurisdiction of the court

What should the Sheriff do if the defendant refuses to accept the summons and sign for its receipt?
- The sheriff shall leave a copy of the summons in the presence of and within the view of defendant
- In practice: the sheriff will just drop a copy on the floor, and report what happened – considered as a
valid serving of summon

What happens if summons cannot be served to the defendant in person?

- The sheriff may now resort to Substituted Serve of Summons
- There is a requisite before Substituted Serve of Summons (Manotoc v CA); now an expressed
provision under the Section 6 of Rule 14
- If for justifiable reasons, the defendant cannot be served summons in person after atleast 3 attempts
on 2 different dates, it is only then that the sheriff may resort to substituted serve of summons
- One in the morning; one in the evening; another one in the different day – atleast 3 attempts on 2
different dates
- Suppose the sheriff was told that the defendant is in the USA and he will be back in 6 months -
justifiable

- Other requisites:
o He must specify on his return that he (sheriff) made 3 attempts on 2 different dates, otherwise
there will be no proper substituted service of summons

How is Substituted Service of Summons Effected?

1. By leaving copies of the summons at the defendant residence to a person who is of age (18 years of age)
and of sufficient discretion then residing at the residence of the defendant
o 18 years of age
o Sufficient discretion
o Resident of the residence of the defendant
2. By leaving a copy of the summons at the defendant’s office or principal place of business with some
competent person in charge of the office
o Competent person – also includes (but is not limited to) a person who customarily receives
correspondence for the defendant. (Usually, a security guard)
o If the sheriff cannot find the person in charge of the office, he can leave the summons to a person
who customarily receives correspondence for the defendant

3. If the sheriff I refused entry at the gate of the subdivision or to the condominium buildings, the sheriff
may leave the summons with any security officers or officer of the homeowner’s association in the
subdivision (new provision)

4. By sending a copy of summons by email to the email address of the defendant (new provision)
o Last recourse – exhaust all the other ways of serving the summons; and
o Only if allowed by the court
o Email or facsimile

Other requisites of valid substituted service of summons

a. Jose v Boyon
b. Manotoc v CA
c. Ong v Co
d. Dumagas v Gensen
Foreign Private Juridical Entity – foreign corporation or partnership

How may they serve summons?

Qualify. It depends.

Doing business in the Philippines –

(1) resident agent specifically designated for that purpose or

(2) the government official to receive the summon from the court and to serve the summons on the foreign
private juridical entity

Not registered in the Philippines

(1) Service in person – letters rogatory
- The Philippines court will send a letter to a foreign court for the latter to help the former in serving the
summons
(2)
(3)
(4)
(5)

Defendants identity or whereabouts are unknown

Through publication in a newspaper of general circulation in such place and such time as the court may order

Two instances service of summons by publication will vest jurisdiction over the person of the defendant in
an action in personam
1. Defendant whose identity or whereabouts is unknown
2. When the defendant is a resident of a Philippines but is temporarily out of the Philippines
a. Other than this, substituted service

Substantial changes have also been introduced by the 2019 amendments as to how a Domestic Private
Juridical Entity such as a corporation, partnership or association with a juridical personality may be served
summons
How may they be served summons
- a defendant corporation or partnership may be served summons only by personally serving the summons
on its president, managing partner, general manager, corporate secretary, treasurer or in-house counsel

- In the absence or unavailability of the persons abovementioned, summons may be served on their
respective secretaries.
o Suppose the corporate officers and their respective secretaries are not available – the sheriff may
serve the summons on a person who customarily receives correspondence for the corporation at
the principal office.

Should there be refusal of the any person abovementioned, after atleast 3 attempts on 2 different dates –
service of summons may be made electronically
- By email, if allowed by the court

If the defendant is a domestic juridical entity which is under receivership – the summons shall be served on
the receiver or liquidator as the case may be

As a rule, Service of Summons by Publication does not vest on the court jurisdiction over the person of the
defendant.

XPNs: Even in action in personam

1. Section 16 – service of summons by publication on a defendant whose identity or whereabouts are
unknown will vest on the court jurisdiction over his person even in action in personam
2. Section 18 – service of summons by publication on a defendant who is a resident of the Philippines
but is temporarily out of the country will vest on the court jurisdiction over his person even in action
in personam

In what other way may a defendant who is a resident of the Philippines but is temporarily out of the country
may be served summons aside from publication?
- Since the defendant is a resident of the Philippines, he must have a residence in the Philippines.
- A copy of summons may be left at the residence of the defendant with a person who is atleast 18 years
of age, of sufficient discretion and a resident of the place

Extraterritorial Service of Summons (Section 17)

- It is outside the territory of Philippines
- May be effected only in the actions enumerated in Section 17
- The court need not acquire the jurisdiction over the person of the defendant

- As a rule, the service of summons is done outside of the Philippines will not vest the court any jurisdiction
over the person of the defendant
- Purpose: Not for the court to acquire jurisdiction over the person of the defendant, if any, but to satisfy
the requirement of due process
o To give notice to the defendant – who is not a resident of the Philippines – notice of the pending
action against him

Two requisites before Extraterritorial may be resorted to:

1. Pertains to the defendant - When the defendant is now a resident and found in the Philippines

2. Pertains to the action (4 kinds) –

a. Involves the status of the plaintiff
b. Involves property which is found in the Philippines in which the defendant claims an interest
or lien in the property
 c. Involves property in the Philippines where the relief sought by the plaintiff/s is to exclude the
defendant from any interest therein
d. Where the property in the Philippines has been attached in an action where the property of the
defendant in the Philippines under a writ of preliminary attachment

- These four actions are either actions in rem or actions in quasi in rem
o There is no need for the court to acquire jurisdiction over the person of any named defendant
o If there is a named defendant – then the extraterritorial service of summons is not needed
anymore

Voluntary Appearance (Section 23)

- Effect: Equivalent to proper service of summons
- Sometimes, it happens because of the mistake or incompetence of the counsel

How does a defendant make a voluntary appearance?

a. Every time he files a motion in court seeking affirmative relief from the court
b. Suppose the defendant files a motion to dismiss – what relief? He is asking the court to dismiss the
case against him
- If the court denies the motion, the defendant even if not been served summons, the court will have
acquired jurisdiction over him. Tantamount to a proper service of summons

XPN: A motion to dismiss filed by the defendant on the ground that the court lacks jurisdiction over him is
not a voluntary appearance.

Under the old rules – even if the defendants include other grounds for a motion to dismiss (on top of the
motion that the court lacks jurisdiction over him) then such motion would not be considered as voluntary
appearance

Under the 2019 amendments – if the defendant files a motion to dismiss on the ground of lack jurisdiction
over him but includes other grounds, then such motion is considered a voluntary appearance

However, under the 2019 amendment, lack jurisdiction over person of the defendant is no longer a ground for
a motion to dismiss
- It is now an affirmative relief which the defendant may plead in his answer

RULE 14
2019 Amendments greatly affected Rule 14

Service of summons – the only way by which a court acquires jurisdiction over the person of the defendant
which is not dependent on his voluntary submission to the jurisdiction of the court.
- Under normal conditions, a defendant would not want to voluntary submit himself to the jurisdiction
of the court.
- In a few instances that the defendant voluntary submitted himself to the court, it turned out that he did
so by mistake or incompetence of his counsel
- It is therefore important that the court has a way of acquiring jurisdiction over the person of the
defendant whether he likes it or not.

While it is essential for the court to acquire jurisdiction over the person of the defendant in one class of cases,
it is not necessary in another class of cases.
 Class of cases where Class of cases where
service of summons service of summons
is essential is not essential

Actions in personam – Actions in rem; actions

it is important that the in quasi-rem – the
defendant be served court need not acquire
summons because it is jurisdiction over the
essential that the court defendant
acquires jurisdiction - It is sufficient that
over him the court acquires
jurisdiction over
the res

Both an action in rem and personam

e. An action for forcible entry
f. An action for nullity of marriage
g. An action for sum of money
h. An action for land registration

How do we distinguish an action in personam and an action in rem?

Background on ‘ REM’
The word rem is a latin word which means thing or property. It is the same word as res which is found in res
ipsa loquitor which means the thing speaks for itself and in res judicata which means a thing already
adjudicated.

The reason on why res and rem have different ending is that it depends on how they are used in a sentence –
whether a subject or an object

Res – if used as a subject

Rem – is used as an object

Action in rem means action directed to a thing

Action in Personam Action in

Rem/Quasi-Rem
An action in personam An action in rem is one
is one which is which is directed to
directed against a res which may be
specific defendant property or the status
seeking to make such of the plaintiff seeking
defendant personally to bind any person
liable (1) to pay a who may have an
certain sum of money interest in res or
or (2) to deliver property
property or (3) to do or - Does not seek to
not to do a particular make the
act. defendant liable
for an obligation
Since the purpose of an - Directed not
action in personam is against a person in
to make the specific particular but to a
defendant personally specific property
liable for something, it - Therefore, it is not
becomes necessary for necessary for the
the court to acquire court to acquire
jurisdiction over him jurisdiction over
so that when the court the person of the
renders a judgment, defendant
such judgment can be
enforced against the In almost all action in
defendant. rem, there is no
defendant named, and
if there is, he is not a
real defendant but only
a nominal one

A judgment in an
action in rem will be all
about res or property to
which the action is
directed

It would not make any

person liable for any
obligation except that
if it happens that a
person has an interest
in the res or property to
which an action in rem
is directed such interest
will be affected by the
judgment

An action in rem is an
action against the
whole world – a
hyperbole
- More precisely it
means that while
an action in rem
does not seek to
make any specific
defendant liable
for any obligation,
the judgment
therein may
prejudice any
person –
including the
government – who
may have an
interest in the res
(which may be a
property or a
status of the
plaintiff)
Ex of action in Ex of action in rem –
personam – action for action for nullity of
sum of money; action marriage
for damages; actions - Where the res
for forcible entry to which the
and/or unlawful action in rem is
detainer; actions for directed is the
specific performance; status of the
actions for injunctions plaintiff

Adoption proceeding –
the res to which the
action is directed is the
status of the petitioner

You cannot file this Since an action in rem

action without is not directed against a
impleading a specific specific defendant and
defendant and without if there is one name,
praying that the the action does not
defendant be ordered seek to make him
to pay you a sum of liable to any
money or to deliver to obligation, the court
you a particular need not acquire
property or to do or not jurisdiction over the
to do a certain act named defendant (if
any).

It will suffice
therefore, that the court
should acquire
jurisdiction over the
res either by its actual
seizure or by the filing
of initiatory pleading

How does a court

acquires jurisdiction
over the res:

c. By the actual
seizure of the
property – the
property is placed
under custodia
legis (in the
custody of the
court)
d. By the filing of
proper initiatory
pleading (status)
-
An action for nullity of
marriage is an action in
rem
 What is the res? The
status of the plaintiff or
the petitioner

How does the court

acquire jurisdiction?
- By the mere filing
of petition for
nullity of
marriage, the
court acquires
jurisdiction over
the res over the
status of the
petitioner

An action for land registration – directed to res

- Res – an unregistered parcel of land
- It is the res which the action in rem is directed
- The petition is not filed against a specific defendant but it names the register of deeds as a nominal
defendant
- The register of deeds is always named a defendant – because he will be the one to implement the
judgement of the court if the petition is granted
- Relief – the petitioner prays that a judgment be rendered by the court ordering the land registration
authority to direct the registry of deeds concerned to register the subject land and to issue a torrens title
over the land in the name of the petitioner
- The petition is directed not to any defendant but to the unregistered parcel of land
- All about the res
- Publication – to give constructive notice to the whole world who may have interest in the parcel of
land which is the subject of the action so that if he has interest, then he may go to court file a written
opposition
o But he is not technically sued by the petitioner since it is up to him to file an opposition
- The judgement will always be about the res or the subject property

Examples of Action in Rem

o An action for the probate of a will
o Cadastral case
o An action for declaration for nullity of marriage – using the definition of action in rem as
test
- What is the res? The status of the plaintiff; his/her marriage
- The action is directed to the status of the plaintiff
- Two persons involved - When one spouse files for petition for declaration of nullity of marriage, in a
way, the other spouse will always be affected
- The other spouse will always be named as the defendant
- But then again, the action is not necessarily directed to that other spouse – the action does not seek
him to be liable of a certain obligation
- The other spouse is not a real defendant – he is just impleaded because in a way, he will be affected
by any judgment rendered
- The judgment in the action is about the res – declaration of nullity of marriage

o Adoption proceeding
Action in Quasi-in rem – combines the features of an action in personam and action in rem
- However, it is more of an action in rem than an action in personam
- Also directed to res - property no longer status
- Also names a specific defendant
- Seeks to subject the interest of the specific defendant in the res in the property to a lien or an obligation
burdening the res

One which is directed to a res but names a specific defendant and the purpose of the action is to subject the
interest of the named defendant in the res a lien or an obligation burdening the res

The features of action in personam and an action in rem is tightly interwoven

Example
a. An action for foreclosure of a real estate mortgage
- Who files? The mortgagee creditor (mostly banks)
- The action is directed to res – the mortgaged property
- Named defendant – the mortgagor debtor
- Does it seek the defendant liable for an obligation (paying a sum of money or delivering a property or
doing or not doing a particular act)? NO. But to subject the interest of the defendant in the mortgaged
property in a lien burdening the said property
o Lien – to secure the payment of the obligation of the mortgagor debtor to the mortgagee creditor
- It is therefore not necessary for the court to acquire jurisdiction over the person of the defendant

Distinction of the three is important for the court to determine if service of summons is needed or not

---

RULE 14 (May 1, 2020)

One of the significant changes – the court may now authorize the plaintiff to serve the summons on the
defendant

Under the old rules

- Summons may be served by the Sheriff, by his deputy or by any proper officer
- That is still true under the amendment rule

Under the amendment rule

- The court may authorize the plaintiff to serve the summons to the defendant but not in all cases only
in certain circumstances

Three instances when the court may authorize the plaintiff to serve the summons
d. Under the 1st par of Section 3 – the court may authorize the plaintiff to serve summons to be
accompanied by the Sheriff if there is failure of service of summons by the Sheriff, his deputy or
other proper court officer;
e. Under the 2nd par of Section 3 – the court shall authorize the plaintiff to serve the summons if summons
is to be served on a defendant who resides outside the judicial region of the court
- The Sheriff, his deputy or other proper court officer will not even attempt to serve the said
summons
f. Under the 5th par of Section 3 - The court shall authorize the plaintiff to serve the summons if the
Sheriff, his deputy or other proper court officer files a return indicating that he failed to serve the
summons on the defendant.
 - Return – when a sheriff serves a summon after successfully serving the summons, he files a return
to the court. Reporting to the court that he was able to serve summons to the defendant on a
particular date.

Section 5
Service of summons in person is still the preferred mode of service of summons

*don’t use “personal service” but “in person”

The term personal service is only used in pleading
- There is a difference between personal service of pleadings or motions and service of summons on the
defendant in person

How may service of summons in person may be affected?

- Still the same under the old rules, by handling a copy of summons to the defendant himself and
informing him that he is being served summons
- The Sheriff may explain the consequences of the summons

Suppose the defendant refuses to receive the summons and sign for its receipt
- Some of the defendants thinks that by doing this, they are escaping the jurisdiction of the court
- If it was served on him, it is as if he was already properly served summons and the court would have
acquired jurisdiction over him

What should the Sheriff do if the defendant refuses to accept the summons and sign for its receipt?
- The sheriff shall leave a copy of the summons in the presence of and within the view of defendant
- In practice: the sheriff will just drop a copy on the floor, and report what happened – considered as a
valid serving of summon

What happens if summons cannot be served to the defendant in person?

- The sheriff may now resort to Substituted Serve of Summons
- There is a requisite before Substituted Serve of Summons (Manotoc v CA); now an expressed
provision under the Section 6 of Rule 14
- If for justifiable reasons, the defendant cannot be served summons in person after atleast 3 attempts
on 2 different dates, it is only then that the sheriff may resort to substituted serve of summons
- Other requisites:
o He must specify on his return that he (sheriff) made 3 attempts on 2 different dates, otherwise
there will be no proper substituted service of summons

How is Substituted Service of Summons Effected?

a. By leaving copies of the summons at the defendant residence to a person who is of age (18 years of age)
and of sufficient discretion then residing at the residence of the defendant
o 18 years of age
o Sufficient discretion
o Resident of the residence of the defendant
- If the sheriff I refused entry at the gate of the subdivision or to the condominium buildings, the sheriff
may leave the summons with any security officers or officer of the homeowner’s association in the
subdivision (new provision)

b. By leaving a copy of the summons at the defendant’s office or principal place of business with some
competent person in charge of the office
o Competent person – also includes (but is not limited to) a person who customarily receives
correspondence for the defendant. (Usually, a security guard)
o If the sheriff cannot find the person in charge of the office, he can leave the summons to a person
who customarily receives correspondence for the defendant

3. By sending a copy of summons by email to the email address of the defendant (new provision)
 o Last recourse – exhaust all the other ways of serving the summons; and
o Only if allowed by the court

Other requisites of valid substituted service of summons

a. Jose v Boyon
b. Manotoc v CA
c. Ong v Co
d. Dumagas v Gensen

Substantial changes have also been introduced by the 2019 amendments as to how a Domestic Private
Juridical Entity such as a corporation, partnership or association with a juridical personality may be served
summons
- Under the old rules – a defendant corporation or partnership may be served summons only by
personally serving the summons on its president, managing partner, general manager, corporate
secretary or in-house counsel
- Under the 2019 amendment (Section 12) in the absence or unavailability of the persons
abovementioned, summons may be served on their secretaries.
o Suppose the corporate officers and their secretaries are not available – the sheriff may serve
the summons on a person who customarily receives correspondence for the corporation at the
principal office.

If the defendant is a domestic juridical entity which is under receivership – the summons shall be served on
the receiver or liquidator as the case may be

Should there be refusal of the any person abovementioned, after atleast 3 attempts on 2 different dates – service
of summons may be made electronically
- By email, if allowed by the court

As a rule, Service of Summons by Publication does not vest on the court jurisdiction over the person of the
defendant.

XPNs: Even in action in personam

3. Section 16 – service of summons by publication on a defendant whose identity or whereabouts are
unknown will vest on the court jurisdiction over his person even in action in personam
4. Section 18 – service of summons by publication on a defendant who is a resident of the Philippines
but is temporarily out of the country will vest on the court jurisdiction over his person even in action
in personam

In what other way may a defendant who is a resident of the Philippines but is temporarily out of the country
may be served summons aside from publication?
- Since the defendant is a resident of the Philippines, he must have a residence in the Philippines.
- A copy of summons may be left at the residence of the defendant with a person who is atleast 18 years
of age, of sufficient discretion and a resident of the place

Extraterritorial Service of Summons (Section 17)

- The service of summons is done outside of the Philippines
- Purpose: Not for the court to acquire jurisdiction over the person of the defendant, if any, but to satisfy
the requirement of due process
o To give notice to the defendant – who is not a resident of the Philippines – notice of the
pending action against him
- Cannot vest the court any jurisdiction over the person of the defendant
Two requisites before Extraterritorial may be resorted to:
3. Pertains to the defendant - When the defendant is now a resident and found in the Philippines

4. Pertains to the action (4 kinds) –

a. Involves the status of the plaintiff
b. Involves property which is found in the Philippines in which the defendant claims an interest
or lien in the property
c. Involves property in the Philippines where the relief sought by the plaintiff/s is to exclude the
defendant from any interest therein
d. Where the property in the Philippines has been attached in an action where the property of the
defendant in the Philippines under a writ of preliminary attachment

- These four actions are either actions in rem or actions in quasi in rem
o There is no need for the court to acquire jurisdiction over the person of any named defendant
o If there is a named defendant – then the extraterritorial service of summons is not needed
anymore

Voluntary Appearance (Section 23)

- Equivalent to proper service of summons

How does a defendant make a voluntary appearance?

c. Every time he files a motion in court seeking affirmative relief from the court

A motion to dismiss filed by the defendant on the ground that the court lacks jurisdiction over him is not a
voluntary appearance.

Under the old rules – even if the defendants include other grounds for a motion to dismiss (on top of the
motion that the court lacks jurisdiction over him) then such motion would not be considered as voluntary
appearance

Under the 2019 amendments – if the defendant files a motion to dismiss on the ground of lack jurisdiction
over him but includes other grounds, then such motion is considered a voluntary appearance

However, under the 2019 amendment, lack jurisdiction over person of the defendant is no longer a ground for
a motion to dismiss
- It is now an affirmative relief which the defendant may plead in his answer

RULE 15

Motion – is an application for relief other than by a pleading

- A pleading is an application for relief

A motion may also be made orally

The general rule, motions should be made in writing

- Orally, in certain circumstances

When a motion be made orally?

- When the motion is made in an open court
 o Open court – in the presence of the judge, other court officers, and adverse party
o Because all courts now are courts of record
- Or in the course of hearing or the trial of the case
o Also, in an open court

Two kinds of motions

1. Litigious motion – as one which when acted upon by the court will not prejudiced the rights of the
adverse parties
a. One which if granted by the court, will prejudiced the substantial rights of the adverse parties.
(Atty’s def)
b. Every time a motion is granted, a right will always be prejudiced
c. Example. Motion to dismiss; Will it be prejudiced to the adverse party if granted? YES. The court
will dismiss the case of the plaintiff. The plaintiff already spent a lot of money only for the court
to dismiss the case.
d. Example. Motion for a new trial; filed by either plaintiff or defendant, whoever the aggrieved
party. Ground: if the aggrieved party was prevented from presenting his evidence during the trial;
the court will set aside the judgment; will it prejudiced the substantial right of the party who got
the favorable judgment? YES. because the court will set aside the judgment in favor of him

2. Non-litigious motion – as one which when acted upon by the court will not prejudiced the rights of the
adverse parties.
a. One which if granted by the court, will not prejudiced the substantial rights of the adverse parties.
(Atty’s def)
b. Example. Motion for extension to file answer; will it prejudiced the rights of the plaintiff? YES,
somehow. Because it will cause delay; Will it prejudiced the substantial rights of the plaintiff? NO

Why do we have to make distinction between the two motions?

- It is important for the movant
- Under the old rules, litigious motions should be set for hearing and send notice to the adverse party
o Otherwise, it will be proforma motion (walang laman); the court will not give it due course
o It will treat it as a mere scrap of paper

- Under 2019 rules, when litigious motion is filed, the movant should file with the court
o He is no longer required to file a notice of hearing
o The moving party need not identify what kind of motion he is filing
o The court, in the exercise of its discretion, may set a litigious motion for hearing

The burden of properly identifying is now on the adverse party

- If the adverse party receives a litigious motion, then he may file an opposition within 5 days
o Because if it will be granted by the court, it will be prejudicial to his substantial right

When a written motion is filed, it is always necessary for the moving party to serve a copy of the motion to
the adverse party before filing the same with the court.

Omnibus motion – a rule that provides that a motion attacking a pleading, order, judgment or proceeding shall
include all objections then available and all objection so not included (Sec 9).

What motions would be considered as omnibus motion?

- Motion for reconsideration of a judgment
o That the court committed errors of law in the judgment
- Motion for new trial
 o He should include all grounds and the ones he did not include will not be included – they are
deemed waived.

Prohibited motions

Rule 16 – provides a grounds for motion to dismiss

What only remains is Rule 15 Sec 12 (a)

Motion to dismiss may be filed only if (2019; there are only 4 grounds)
a. The court has no jurisdiction over the subject matter
b. There is a pending action (litis pendencia)
c. Barred by prior judgment (res judicata)
d. Barred by statute of limitations (prescription)

RULE 16
At the defendant’s instance

RULE 17 Motion of dismissal

At the plaintiff’s instance – it is the plaintiff who is seeking the action

Perhaps he is now remorseful; or took pity to the defendant

How should the plaintiff cause the dismissal of the complaint?

IT DEPENDS
1. If the plaintiff has not been served of the answer of the defendant – it is a matter of right
a. Serve a notice of dismissal to the defendant
b. File a notice of dismissal with the court
i. The court will just issue an order confirming the dismissal
c. Without prejudice

2. If the plaintiff has been served of the answer of the defendant – he has to file a motion
a. Suppose when the defendant files an answer, he incorporated a counterclaim; he wants to
prosecutes his counterclaim
b. When the complaint have been dismissed by the plaintiff: The defendant should manifest to
the court that he wishes to prosecute his counterclaim in the same action – so that he will not
file a separate action

Later on, the plaintiff changed his mind after the order of the court confirming the notice of dismissal
- Suppose the defendant did not show his gratitude

After refiling the case, he felt remorseful again. May the plaintiff dismiss the complaint the second time?
- YES. file a notice of dismissal

Can the plaintiff refile the case the third time?

- NO. Because it will now be with prejudice

Dismissal due to the fault of the plaintiff

1. Failure of the plaintiff to appear without justifiable cause on the date of the presentation of his evidence
in chief on the complaint
2. The failure of the plaintiff to prosecute his action for an unreasonable length of time
3. The failure of the plaintiff to comply with Rules of Court or any order of the court
What kind of dismissal is this?
- As a rule, it is with prejudice – it is not indicated in the order
- It is only without prejudice if it is expressly stated

This rule applies also to counterclaim

RULE 18 Pre-trial
- It is mandatory both in criminal and civil cases

When should the pre-trail be set?

- After the last pleading has been served and filed
- Duty of the clerk of court who will set the case to pre-trial

What is the last pleading that may be filed?

- Under the 2019 amendments, it is the rejoinder
- But in most cases, it will be the answer of the defendant

It is during the pre-trial that the court has to exercise moral ascendancy to the parties
- To persuade the parties to just settle their case amicably
- For the parties to have a compromise agreement

During the pre-trail both the party and his counsel are required to appear in the pre-trial
- SC believes that since the purpose of the pre-trial was for the parties to amicably settle their case, it is
important for them to be present
- Important for both of the parties to appear during the pre-trial

consequence if the plaintiff and his counsel fail to appear

- Ground for the dismissal of the complaint
- The dismissal is with prejudice
- The court cannot made the order of dismissal without prejudice

Consequence if the defendant failed to appear?

- Ground to allow the plaintiff to present his evidence ex parte

During the pre-trial, there are certain proceeding that the 2019 amendments requires
1. Court annexed mediation –
a. Require the parties to appear before the Philippine mediation office
b. They will appear before a mediator – who is not a lawyer
c. Mediator will not discuss the merits of the case and will talk to the parties, convince the parties
to settle their case
d. If they compromise, the mediator will now submit the said compromise to the court and
judgment will be rendered based on the compromise agreement
e. It is not appealable; and immediately executory
f. If it failed to settle their case, it will report to the court and the court go to next step which is
judicial dispute resolution

2. Judicial dispute resolution (JDR) – the court will still try to convince the parties for them to
compromise their case
a. Last ditch of the court
b. Another court and judge will reside for the JDR
c. If the JDR fails, the court will now proceed with the pre-trial
 - The clerk of court should also set the date of the mentioned CAM and JDR

Before the date of the pre-trial, the parties are required to submit a pre-trial brief (Section 6)
- 3 days before the date

What is the effect of the failure to submit pre-trial brief

- Has the same effect as if not appearing in the pre-trial
o Thus, ground for dismissal of the case (on the part of the plaintiff)
o Thus, ground for allowing the plaintiff present evidence ex parte (on the part of the defendant)

10-12-2021
Rule 19 Intervention

Why would a party want to intervene?

Who may intervene? What are the grounds for intervention:

a. A person who has a legal interest in the matter in the litigation may intervene
b. A person who has an interest in the success or prejudiced of the case in either of the parties
c. A person who has an interest against the parties
d. When a person is situated that he may be prejudiced by any disposition of a property in the custody of
the court

Intervenor – the person who intervenes in a case

How can he intervene

1. File a motion for leave to intervene
2. He may file either a complaint for intervention or an answer in intervention
a. When should the intervenor file the complaint for intervention – if he has an interest against either
of the parties or both of the parties
b. Suppose the intervenor has the similar interest with the defendant – he would want to join the
defendant to resist the plaintiff; he should file an answer for intervention

- File a motion for leave to file a complaint for intervention or an answer for intervention

Rule: when a party files for a motion for leave to file a pleading, he should attach in his motion, the pleading
he intends to file

Ex. If A files a motion for leave to file complaint for intervention he should attach a copy of his complaint for
intervention

When should the intervenor file his motion for leave? When should he intervene?
- At any time BEFORE rendition of judgment

Already rendered a judgment – what may be a remedy

- File a separate action either against the parties or both of the parties

What factor should the court considered in determining to grant the motion to leave to intervene
1. W/N the intervention would unduly delays or prejudiced the adjudication the rights of the parties in
the pending action
2. W/N the rights of the intervenor could be fully protected in a separate action or proceeding

Suppose the court determines after considering the motion and the opposition of the parties, that the
intervention would prejudiced and unduly delay the right of the parties in the pending action and that the rights
of the intervenor could be fully protected in a separate action
- What should the court do? The court should deny the motion to leave to intervene
If there is conflict in these two factors:

Suppose the court determines after considering the motion and the opposition of the parties, that the
intervention would prejudiced and unduly delay the right of the parties in the pending action and that the rights
of the intervenor could not be fully protected in a separate action
- What should the court do?
- Each of the factors should prevail (what would prevail)
- According to jurisprudence, the rights of the intervenor should PREVAIL the rights of the parties
- The court should grant the motion

Section 5 of Rule 15
A motion to leave to intervene is a litigious motion

When one party files a litigious motion, the adverse parties (the parties in the pending action he wants to
intervene) may file their opposition to the motion within 5 calendar days from receipt of the motion for leave
- Because originally, the parties would not want to prolong their case by having an intervenor

Can you intervene in an appellate court?

- The intervenor can no longer present evidence
- There is already no presentation of evidence in an appellate court

Rule 21
Subpoena – a process; a court order directed to a person commanding him to appear before the court and
a. testify at the hearing or trial of a pending case or
b. in an investigation conducted by a competent authority or
c. for the taking of his deposition

Two kinds of subpoena

1. Subpoena ad testificandum (to testify) – which requires a person to appear before a court and testify
2. Subpoena duces tecum (bring with you) – which requires a person not only to testify before a court but
to bring with him books, documents or things

Subpoena is a court order

Consequence if the person fails to appear without a valid cause?
a. The court may order him arrested
b. Punish the person for indirect contempt (special civil action)

Suppose a person is issued with a subpoena and he believes that it should not have been issued.
- Remedy: He may file a motion to quash the subpoena

Grounds for motion to quash (depends on what kind of subpoena has been issued) MEMORIZE!
1. Duces Tecum
a. The subpoena is unreasonable and oppressive
b. The books, documents and things do not appear to be relevant to the case
c. The party who applied for the subpoena (applicant) failed to advance to the witness the reasonable
cost for the production books, documents or things
i. The applicant should have already given the reasonable cost to the sheriff which will be given
to the witness (the one to be subpoenad)
d. The witness fees and kilometrage (there is a fee for every kilometer) was not tendered when the
subpoena was served

2. Ad testificandum
a. The witness is bound by the subpoena
i. When is the witness not bound by the subpoena
 a) When he is residing more than 100 kilometers from the court where he is being required
to appear
b) When he is a detention prisoner (one who is being detained while his case is pending) and
he permission of the court where the detention prisoner’s case is pending was not obtained

b. The witness fees and kilometrage (there is a fee for every kilometer) was not tendered when the
subpoena was served

Rule 22
Computation of time

1. The day of the event or act from which the prescribed period begins to run shall be excluded and the day
of the performance shall be included

Section 1 Rule 11 – the answer to the complaint shall be file within 30 calendar days from service of summons

Prescribed period of time: 30 days from service of summons

Act or event from which the period of 30 days shall begin to run: service of summons
- Shall be excluded

Ex. The defendant was served summons today (October 12, 2021), the starting of counting will begin at
October 13, 2021

The day of the performance shall be included: filing of the answer to the complaint
- the performance should be on or before November 11, 2021

2. If the last of the period falls on a Saturday, Sunday or legal holiday in a place where the court sits then the
time shall not run until the next working day

Atty’s version - If the last of the period falls on a Saturday, Sunday or legal holiday in a place where the court
sits the last day shall be the next working day

Let’s assume that November 11, 2021 (last day for filing the answer to the complaint) is Saturday
- the filling will be on a Monday (November 13, 2021)

3. Should an act be done which effectively interrupts the running of the period, the allowable period after
such interruption shall start to run on the day after notice of the cessation of the cause thereof

Filing of a motion to file a bill of particulars

- What is the effect of this motion to the running of the period
- Interrupts the period for the filing of the period

Ex. A motion to file for bill of particulars was filed on the 20th day on the 30 days period for filing an answer
- It shall interrupt on the 20th day

Should an act be done which effectively interrupts the running of the period: Filing of a motion to
file a bill of particulars

What is the period being interrupted: the running of the 30 day period for filing for an answer to the
complaint

The allowable period after such interruption shall start to run on the day after notice of the
cessation of the cause thereof: 10 days
 - For the filing for the answer to the complaint

The court denied the motion to file for bill particulars today (October 12, 2021)

Notice of the cessation of the interruption: the court order of the denial

When do you count that allowable period of 10 days: On October 13, 2021

How do you count for allowable period: you don’t include the 20th day when the motion to file for bill
of particulars.
- you count from the 21st day

Rule 33
Demurrer to evidence
- a kind of motion to dismiss
filed by the defendant

Under rule 15 filed by the defendant before the answer

- based on different grounds:
- court has no jurisdiction
- lis pendens
- res judicata
- statute of limitations

Filed by the defendant AFTER the plaintiff has completed the presentation the evidences
- based on a different ground

In a civil case, it is always the plaintiff who shall present the evidence first

Kinds of evidences:
a. Testimonial evidence
b. Documentary evidence
c. Object evidence

After the plaintiff has presented the evidence, the plaintiff now will rest his case.
- The plaintiff is now resting his case…
- He has completed the presentation of evidence

The defendant may now file a demurrer of evidence instead of filing or presenting his own evidence or move
for a dismissal

GROUNDS
1. Upon the law and the facts, the plaintiff has shown no right to relief (that after the plaintiff has
completed the presentation of his evidence, the plaintiff failed to prove the material facts alleged in his
complaint by atleast prima facie evidence)

Every ordinary action must be based on a cause of action.

Elements of cause of action

1. Legal right of the plaintiff – the plaintiff will be alleging facts that constitutes his legal right
(Ex. Contractual right)
 2. Act or omission that violated the plaintiff’s right – what was that act, when was it committed,
3.

What else should the plaintiff do?

- He must present evidence to prove all the material facts that he alleged in the complaint

Quantum of evidence
1. Preponderance of evidence
2. Beyond reasonable doubt
3. Prima facie – amount of evidence which is sufficient to prove facts in the absence of contrary evidence
(before the defendant presents his evidence)
a. The minimum quantum of evidence
b. The plaintiff would have been entitled to the right to relief
c. The defendant could not file a demurrer of evidence

Upon the facts – the material facts which is less than the prima evidence
- The plaintiff was not able to produce prima facie evidence that was required in the presentation of his
evidence

Rephrase the 1st ground (Atty’s version) – that after the plaintiff has completed the presentation of his
evidence, the plaintiff failed to prove the material facts alleged in his complaint by atleast prima facie evidence

What kind of a motion is a demurrer to evidence

Under section 5 Rule 15 – it is a litigious motion
- Under the 2019 amendment – when the party files for a litigious motion, he does not have to set it for
hearing but to serve a copy of his motion on the adverse party, then file with the court

What should the plaintiff do?

- Must the able to identify what kind of motion he received
- Non-Litigious motion – he may not do anything
- Litigious motion – he has the right to file an opposition within 5 days from his receipt

The court may only resolve the case after the filing of opposition or the lapse of 5 days

The court may either grant or deny the demurrer to evidence

Denies – it will issue an order denying the demurrer to evidence

Kinds of order – the remedies for the said order are different:
a. Interlocutory order – on which resolves one or some but not all the issues of the case, therefore does
not terminate the proceeding of the case
Remedy: he cannot appeal; if the court issued an order and committed grave abuse of discretion –
petition for certiorari

b. Final order – one which resolves all the issues in the case, thereby terminating the proceeding in the
case, leaving nothing for the court to do.
Remedy: Appeal

What kind of an order denying the demurrer to evidence?

- Does it terminate the proceeding? The trial will still proceed
- An interlocutory order

What will the defendant do when it was denied?

- He retains his right to present evidence
Aside from showing grave abuse of discretion
- There is no appeal nor any plain, speedy and adequate remedy in the ordinary course of law
- Plain, speedy and adequate remedy in the ordinary course of law
o Even if the defendant was denied with the demurrer to evidence, the defendant still have right to
present evidence

Order of the court granting the demurrer to evidence

Who will be prejudiced – the plaintiff

What kind of order – a final order

*make a table

What is the remedy of the plaintiff – the plaintiff may file for an appeal

Suppose the appellate court reversed the decision – that the lower court should not have granted the demurrer
to evidence
- What is the consequence on the defendant – the defendant loses his right to present evidence
- The appellate court shall not remand the case for further proceedings but rather should render a
judgment on the basis of the evidence proffered by the plaintiff

Criminal case Civil case

Filed by Accused Defendant
Ground Failed to prove Upon the law
his guilt beyond and the facts,
reasonable the plaintiff
doubt has shown no
right to relief
Leave of Required Not required
court
Denied: he loses
Even if the
his right to court denies:
present the defendant
evidence still has the
right to
present
evidence
Granting of Considered as a The plaintiff
demurrer to judgment for may appeal
evidence acquittal

It may no longer
be appealed

Otherwise, it
will be violative
of the accused’s
right against
double jeopardy
Motu The court may The court
proprio motu proprio motu proprio
dismiss the case dismiss the
if the case on the
 prosecution ground that
failed to prove the plaintiff
his guilt beyond failed to prove
reasonable the material
doubt facts alleged
in his
complaint by
atleast prima
facie evidence

The court
must wait for
the filing of
the defendant

Rule 34
Judgment on the pleadings

Which party may file a motion on judgment on the pleadings?

Filed by the plaintiff

Sec 1 – when the defendant answer fails to tender an issue or otherwise admits the material allegations
of the complaint, the plaintiff may move that the judgment be rendered based solely on the allegations of the
complaint.

one ground – failure of the answer to tender an issue

failure of the defendant to tender an issues in his answer

To understand this, how exactly does an answer fail to tender an issue?

failure of the defendant to properly deny the material facts alleged in the complaint and the resulting failure
of the answer to produce or tender factual issues that will give the plaintiff a ground to file a motion for
judgment on the pleadings.

How does an answer tenders an issue?

Properly denying (specific denial) the material facts alleged in the complaint – factual issues then arise

Material facts alleged in the complaint – essential to or that constitute his cause of action

Two kinds of issues

1. Factual issue – arises when one party alleges a fact in his pleading and the other party properly denies
it in his answer (specifically denying)
- Assertion of a fact by the plaintiff and proper denial of the defendant
- Issue: WN fact A exists.
2. Legal issue

What is the consequence if the defendant fails to deny the material facts?
- The material facts are deemed admitted by the defendant
- Then, those material facts are deemed established
- There is no need for the plaintiff to present further evidence to prove such material facts
The plaintiff now may file a motion of judgment on the pleading
- To just render judgment based on the pleading (complaint – it is the one filed by the plaintiff alleging
the material facts that was not properly denied by the defendant)

Before this, how does an answer produce or give rise to factual issues?

- Every ordinary civil action must be based on a cause of action. To satisfy this requirement, the plaintiff
must alleged in his complaint all the facts constituting his cause of action
o This includes, his legal right, the corresponding duty of the defendant to respect such right and
the defendant’s act or omission which violated the plaintiff’s legal right
- All the facts alleged in the complaint that are essential to the plaintiff’s cause of action are sometimes
referred to as material allegations or material facts
- If the defendant, in his answer, properly denies all the material facts alleged in the complaint, then
factual issues will arise or will be produced in the case. Necessitating the holding of a full-blown trial,
where the parties are given a chance to present evidence in support of their opposing factual allegations
- This states of affairs will of course preclude the filing of a motion to file judgment on pleadings,
because the answer successfully tendered factual issues that will require an honest goodness trial.

It is therefore the failure of the defendant to properly deny the material facts alleged in the complaint and the
resulting failure of the answer to produce or tender factual issues that will give the plaintiff a ground to file a
motion for judgment on the pleadings.

By filing a motion for judgment on the pleadings, the plaintiff in effect ask to the court to forego with the trial
of the case and render judgment based solely on the material allegations in the complaint.

What will justify the court in rendering judgment based only on the bear facts alleged in the complaint,
considering that the plaintiff has not presented even an iota of evidence to prove them?
- When the defendant fails to properly deny the material facts alleged in the complaint, he will be
deemed to have admitted them
- When facts are admitted or deemed admitted, they need not be proved. These facts are deemed
established without the party asserting them having to present evidence to prove them.

When a court, therefore, renders a judgment on the pleading, it is actually rendering a judgment based on facts
that are deemed established and which need not be proved.

What will justify the court in rendering the judgment in favor of the plaintiff based on the material facts in the
complaint?
- They are already deemed established
- It is as if the material facts have already been proved

When (time) may the plaintiff file the motion for judgment on the pleadings?

May the plaintiff file a motion for judgment on the pleading before the plaintiff is served an answer of the
defendant?
- No. Because there would be no ground for the plaintiff to file such motion
- The facts are still not determined by the plaintiff, he still not know if there is factual issue or not

If the plaintiff file the motion and the court determines that there is a valid ground – the court now may render
judgment

SC: That if the affirmative defenses asserted in the answer did not produce any factual issues that would
require a trial then it would be proper for the trial court to render judgment on the pleadings
In some cases, even if the in the defendant’s answer, he failed to tender an issue or otherwise admits materials
allegations of the complaint, the court is prohibited from rendering judgment on the pleadings
- Actions for declaration of nullity of marriage
- Actions for annulment of marriage
- Actions for legal separation

To prevent collusion between the spouses.

Sec 2 – that a motion on judgment on the pleadings, shall be subject to the provisions of Rule 15

- It is a litigious motion

May the court motu proprio render a judgment on the pleadings (complaint)?
- If it is apparent to the court that the defendant fails to tender an issue
The court may now motu proprio render judgment on the pleadings if it is convinced that the answer fails to
tender factual issue or otherwise admits the material allegations in the complaint. (Introduced by the 2019
Amendment)

Any order of the court, whether granting or denying the motion for judgment on the pleadings, is not
appealable and shall not be subject to certiorari, prohibition or mandamus.
- Par 2 sec 2 Rule 34
- What action may the court take regarding a motion for judgment on the pleadings?
o Either grant or deny the motion
- These actions of the court granting or denying shall not be subject of an appeal or petition for certiorari,
prohibition or mandamus

What kind of order is the granting the motion for judgment on the pleading?
- Is there anything that is left to do by the court?
o Yes. After issuing the granting of the motion, it shall render a decision on the pleadings.

- Interlocutory order – on which resolves one or some but not all the issues of the case, therefore does
not terminate the proceeding of the case
o Remedy: he cannot appeal; if the court issued an order and committed grave abuse of discretion –
petition for certiorari

What kind of order is the denying the motion for judgment on the pleading?
- An interlocutory order

Why kind of order is the denying the motion for judgment on the pleading an interlocutory order?
- Because the proceeding is not terminated and the court has still something to do with the case
- The court is left to conduct a trial

Both an order granting and denying the motion are both an interlocutory order and therefore they are not
appealable

Are they subject to petition for certiorari?

- The court acted with grave abuse of discretion (ground)
- Condition: there is no appeal or any plain, speedy or adequate remedy in the ordinary course of law

Remedy of the defendant (granting of the motion)– appeal; wait for the court to render judgment against him
then appeal such judgment

Remedy of the plaintiff (denying the motion) – proceed with the trial and present his evidence (He still has
plain, speedy or adequate remedy)
Rule 35
Summary judgments
- All the other claiming parties and all the defending parties

Sec 1 – that a party seeking to recover a claim, counterclaim, or crossclaim or to obtain declaratory relief, may
file a motion for summary judgment

The plaintiff, the counterclaimant, the crossclaimant and the petitioner in an action for declaratory relief may
file a motion for summary judgment

Who else?
Sec 2 – a party against who a claim, counterclaim, or crossclaim is ascertained or a declaratory relief is sought
may also file a motion for summary judgment.

Therefore, the defendant in a main action or counterclaim or crossclaim or the respondent in an action for
declaratory relief may also file a motion for a summary judgment

When it may be filed?

The plaintiff may file a motion for summary judgment at any time after he served a copy of the answer.

When may the defendant file a motion for summary judgment?

The defendant may file a motion for summary judgment at any time
- “at any time” – after the court has acquired jurisdiction over the person of the defendant

When does the court acquire the jurisdiction over the person of the defendant?
- Once he is served summons

May the defendant file a motion for summary judgment even before he files his answer?
- No. there must be first denial

- Given this, he may file the motion before he files his answer
o This imposes a problem on two counts
a. There is nothing in the rules that says the filing by the defendant of the motion will suspend the
running of the period for filing his answer – thus, he may be rendered in default
b. Factual issues, whether genuine or sham, would not exist. Leaving the defendant with no ground
for the motion for summary judgment

On what ground may the plaintiff or the defendant file a motion for summary judgment?
- If there is no genuine issues as to any material fact
- Sec 3 – a motion for summary judgment may be filed if, except for the amount of damages, there is no
genuine issue as to any material fact.

When is there no genuine issue as to material fact? 28:00

- The defendant’s denial a material fact alleged in the complaint are fictitious or fabricated
- When the denial of the material facts by the defendant alleged in the complaint is false, sham or
fictitious
- How can a denial of the defendant be fictitious or false?

The defendant shall also produce allegations in support of his denial

Specific deny – specify what you intend to deny, deny, allege a fact in support of denial
Suppose the plaintiff failed to alleged all the material facts in his complaint that are essential to his cause of
action? Is there no genuine enough?
- Not applicable
What will happen if the plaintiff failed to allege material facts under his complaint?
- That would a failure to state cause of actions

How does it happen that there is no genuine issue as to the material fact?
- A material fact is a fact alleged in the complaint that is essential to the plaintiff’s cause of action
- A factual issue arises only when the plaintiff asserts a fact in his complaint that the defendant properly
denies it in his answer

There is no genuine issue, as to material facts, when the defendant’s denial of the material facts is false and
contrived thereby producing not genuine factual issues but spurious sham and fictitious ones.

This explains why when a party file for a motion for summary judgment, he is required to adduced evidence
by citing and attaching to his motion, affidavits and depositions of his witnesses as well as admissions by the
adverse party.

Philippine Bank of Communication v Go – SC: the summary judgment is proper when there are no genuine
issues of fact which call for the presentation of evidence in a full-blown trial, instead what exists are shun,
spurious factual issues.

Thus, when affidavits, depositions, and admissions cited and attached to the motion for summary judgment
show that such factual issues are not genuine, then summary judgment must be rendered as a matter of law.

Adolfo v Adolfo – SC: distinction between a motion for judgment on the pleading and motion for summary
judgment

Motion for Judgment Motion for Summary

on the Pleading Judgment
There is no factual There appears to be
issue at all because of factual issues only that
the failure of the they are not genuine
defendant answer to but shun and spurious.
raise or produce any
factual issue. False denials
The moving party is The moving party is
not required to attach required to adduce
to his motion evidence by way of
affidavits, depositions affidavits, depositions,
and admissions and admissions

What is purpose of the

supporting
documents?
Evidence must be
presented or the court
to resolve the factual
issues

What are contained in

those affidavits?
 Evidence, there may be
factual issues remain to
be resolve by the court

Atty’s – allowing the defendant to file a motion for summary judgment and to ask the court to render a
judgment in his favor, is to reward him for his fault.

Since this motion is included in a litigious motion, a motion for summary judgment is governed by the
provisions in the Rule pertaining to litigious motion (Rule 15)

Rule 36
Judgments, final orders and entry thereof

Judgment – final determination by the court of the respective rights and obligations of the parties in the action
or proceeding.

Requisites of a valid judgment:

a. The court must have jurisdiction over subject matter of the case (when it is conferred by law) and must
acquire jurisdiction over the person of the parties (plaintiff – complaint [[what happens when the
plaintiff files complaint? Why does the court acquires jurisdiction? He voluntarily submits himself to
the jurisdiction of the court]]; defendant – service of summons)
b. It must be in writing – the judgment cannot be made orally
c. The judgment must be personally and directly prepared by the judge
d. The judgment must clearly and distinctly state that facts and the law on which it is based
- A constitutional requirement. Section 14 Article 8 of the Constitution, expressly provides that no
decisions shall be rendered by any court without expressing therein clearly and distinctly the facts
and the law which it is based
- SC (Miguel v JTC group) a decision that does not clearly and distinctly states the facts and the
law on which it is based leaves the parties in dark as to how it was reached and especially
prejudicial to the losing party who is unable to pinpoint the possible errors of the court for review
by a higher tribunal. Such decision is a patent nullity and should be strucked down and set aside
as void.
- An order of the court denying a motion for reconsideration of a judgment, is deemed as a judgment
in itself and must therefore state clearly and distinctly the facts and the law on which it is based
- An order granting a demurrer to evidence partakes of the nature of a judgment and must therefore
state clearly and distinctly its bases in facts and law
- The highest tribunal declared that an order if a court granting or denying a motion to dismiss being
akin to a judgment must likewise state in the clearest terms possible its factual and legal basis.
- Facts – are the facts that were established by the evidence
- Law – application of the law in the established facts
e. It must be signed by the judge

Important aspect of judgement which is rendition

- Suppose the judge has already personally and directly prepared the judgment in writing and clearly
and distinctly stated in the judgment the facts and the law on which it is based and the judge already
affixed the signature on the judgment

How will the judge render the judgment?

- Sec 1 – a judgment is rendered when the judge, after complying the requisites, files the written copy
of the judgment with the clerk of court
- It is the filing by the judge of the copy of the judgment with the clerk of court which constitutes
rendition of judgment
What is the significance of rendition of judgment (what happens when judgment is rendered) – at the exact
moment that the judge hands over a copy of a judgment signed by him to his clerk of court, the judgment
becomes officially part of the record case and final although not yet executory

What cannot be done anymore when the judgment has become final?

Final – that from that moment on, the judgment can no longer be changed, altered or modified even by the
judge who rendered the judgment itself

Before filing the judgment with the clerk of court, the judge can do whatever he wants with the judgment. He
can make the winning party lose, or make the losing party win.
- If he wants, he can even throw the judgment in the garbage

What is it about the clerk of court that it becomes final? That judgment becomes part of the record of the case

After the judgment has been rendered, the court will send (usually by registered mail) copies of the judgment
to all the parties of the case.
- Notice of Judgment – receipt by a party of a copy of the judgment

Notice of Judgment for a party – is the exact moment where his period to appeal the judgment begins to run
(significance of notice of judgment)
- Notice of appeal – the party has 15 days from notice of the judgment within which to appeal the
judgment
- Record on appeal – the party has a period of 30 days’ notice of the judgment within which to appeal
the judgment

Entry of judgment –

Two ways entry of judgment may be understood

a. As the exact time when the judgment becomes not only final but also executory
b. As the time when the clerk of court enters dispositive portion of the judgment in a book of entries of
judgment after the judgment has become final and executory
- There is a time lag when the clerk of court may enter the judgment in the book of judgment

Sec 2 – that the date of finality of a judgment of a final order

shall be deemed to be the date of its entry
- It means, when we say “date of entry of judgment” we are not referring to the date where the clerk of
court actually enters the judgment in the book of entries of judgment but to the date when the judgment
became final and executory.

When does a judgment becomes final and executory?

- When the periods to appeal for all the parties have expired and no appeal for a new trial or a
reconsideration has been filed

“Periods to appeal” – since the parties may receive the notice of judgment on different dates, they would
naturally have different periods to appeal

Entry of judgment – refers to the date when the judgment became final and executory

Several judgments - when there are several defendants in a case and the court deems it proper to render a
judgment against one or some but not all the defendants, leaving the case to proceed against the other
defendants
Separate judgment - when several claims or reliefs are joint in one complaint, the court, after resolving all the
issues pertaining to one or some but not all the claims or reliefs may render judgment on those claims or reliefs
that have been resolved, leaving the case to proceed with regards to the remaining claims or reliefs
- Joinder of causes of action – the plaintiff may join several causes of action against a defendant

Rule 37

After notice of judgment but before judgment becomes finals and executory are there remedies available to
the aggrieved party?

New trial and Reconsideration – both a litigious motion under Rule 15

Post-judgment remedies - different remedies available to a party from the time he receives a copy of the
adverse judgment but before the judgment becomes final and executory

The losing party has 3 post-judgment remedies:

1. File for a motion for a new trial
2. File a motion for reconsideration
3. May appeal the adverse judgment

1. Motion for a new trial

Suspends the period of filing an appeal

When – at any time after he receive a copy of judgment but before the judgment becomes final and executory
(before the period to appeal expires)

What relief is he asking from the court – the party wants the court to do two things for him
a. To set aside the adverse judgment – render the judgment nugatory
b. To grant him a new trial – another chance for him to present his evidence which was he was prevented
from presenting

On what grounds?
Sec 1 – two grounds
a. The substantial rights of the aggrieved party, during the trial of the case, might have been impaired
to fraud, accident, mistake or excusable negligence the aggrieved party was prevented from presenting
his evidence (substantial right) due to fraud, accident, mistake or excusable negligence

Fraud – committed by the adverse party (extrinsic fraud)

- Intrinsic fraud – committed during the trial; presented a forge document; the aggrieved party could
have easily guard himself; not a ground
- Prevented him from having his day in court (present evidence)

//even by exercise of ordinary due diligence (prudence) he could not have avoided//

- What are the substantial rights of a party during the trial of the case?
o The most important right of a party during a trial of a case is to be able to present his evidence,
either in support of his cause of action or of his defense.
o When a party is therefore prevented from presenting his evidence during the trial of a case, due
to fraud, accident, mistake or excusable negligence resulting in a judgment against him, then he
has a valid ground for filing a motion for a new trial
o The court will not just accept the motion on its face value. The party must show to the court that
despite his exercise of ordinary diligence the fraud, accident, mistake or the excusable negligence
still happened
 Padilla v Rombaoa – SC: the mistakes committed by the party’s counsel during the trial of the case, due to
his ignorance, inexperienced, or incompetence do not qualify as a ground for a new trial. If such were to
be admitted as valid grounds, there would never be an end to litigation so long as the new counsel could be
employed to alleged and show that the prior counsel had not been sufficient, diligent, experienced, or
learned.

b. On the ground of newly discovered evidence –

- Newly discovered evidence – evidence that the aggrieved party discovered only after the trial of the
case
o He could not have presented the same during the trial
o Before the court accepts this, the moving party must show to the court the concurrence of 3
requisites: (Mendoza v Osamis)
i. The evidence must have been discovered after trial
ii. The evidence could not have been discovered and produced during the trial even with the
exercise of reasonable diligence
iii. The evidence is not merely corroborative or cumulative but it must be of such weight that
if admitted, it would probably change the judgment from one that is adverse to one
that is favorable to the aggrieved party

If the ground is newly discovered – for the party to present such newly discovered evidence

2. Motion for Reconsideration

When – at any time after notice of judgment but before the judgment becomes final and executory (within the
period for taking an appeal)

Grounds (the judgment is not in accordance with the evidence)

1. The damages awarded are excessive
2. The evidence is insufficient to justify the judgment
3. The judgment is contrary to law

Pro forma motion – 45:00 – if the motion is not set for hearing
- The court will not give it due course; it is a mere scrap of paper
- There is no pro forma motion under the 2019 Amendments
- Under Rule 15 – setting for hearing is no longer needed
- Litigious motion are no longer required to include notice of hearing unlike in the 1997 Amendments

Why is a motion for new trial an Omnibus motion?

Omnibus motion – is that a motion that attacks a pleading, order, judgment or proceeding

What proceeding is attacked by a motion for new trial? The trial of the case; because the aggrieved party was
prevented from presenting his evidence

What proceeding is attacked by a motion for reconsideration? Judgment; because there is error of facts or
errors of law or both

Omnibus Motion Rule – Provides that a motion that attacks a pleading, order, judgment or proceeding shall
include all the objections then available and those objections that are not included deemed waived.
- This is why second motion for a new trial or motion for reconsideration is prohibited to include grounds
that he failed to include in the first Omnibus Motion

Only one Motion for New Trial or Reconsideration

The three grounds are also ground for an appeal of judgment

A party having these grounds therefore may choose between filing a motion for reconsideration or appealing
the judgment

When a party files a motion for reconsideration, he is not complaining that he was prevented from presenting
his evidence during the trial
- In fact by filing this, the movant is admitting that he was able to present his evidence during the trial
- His complaint is that the court deciding the case misappreciated his evidence or
o that the court excluded his evidence which under the rules of evidence should have been
admitted or
o that the court admitted the adverse party evidence which under the rules of evidence should not
have been excluded or
o that the court applied the wrong law to the case or
o while the correct law was applied to the case, the court misinterpreted it.
- Errors of fact and errors of law

A motion for reconsideration and appealing the judgment are interchangeable

A motion for new trial and motion for reconsideration have different grounds and different reliefs prayed for.
- Both remedies are covered by the Omnibus Motion Rule
o Provides that a motion that attacks a pleading, order, judgment or proceeding shall include all the
objections then available and those objection that are not included deemed waived.
o This is why second motion for a new trial or motion for reconsideration is prohibited
o When a party files a motion for new trial or reconsideration, he should include all available
grounds because he is not allowed to file a second motion for new trial or reconsideration

Rule 40 – 3rd post-judgment remedy

Appeals
Not a natural right
In civil case, the right to appeal is not a constitutional right neither is it a part of the due process clause of
the constitution

The right to appeal is also not a natural right but a mere statutory right

A litigant in a civil case may appeal an adverse judgment only because there is a law that confers on him the
right to appeal

What is the consequence that the right to appeal is merely statutory right?
- An appellant (sometimes called as a petitioner) must strictly comply with all the requirements
prescribed by law for an appeal
- Failure of the appellant to comply therewith, is a ground for the dismissal of the appeal

What happens to the judgment after it is appealed?

- As a rule, an appeal vacates the judgment appealed from
- When an appeal vacates a judgment, it is as if no judgment has been rendered yet in the case
- A judgment that has been vacated cannot, as a rule, be executed

Distinction between error of judgment and error of jurisdiction

Error of Error of
Judgment Jurisdiction
Meaning A court A court
commits this, commits this,
when despite when despite
having having no
jurisdiction jurisdiction over
 over the subject the subject
matter of the matter of the
case, it commits case, the court
an error of fact exercises
or an error of jurisdiction over
law in the the case
exercise of its
jurisdiction

Remedy Appeal Petition for

Certiorari

Error of fact –
a) when it admits evidence which under the rules on evidence should be excluded;
b) when it excludes evidence which under the rules on evidence should be admitted;
c) when the court after correctly admitting the evidence, it gives it probative value that it does deserve
under the rules of evidence;
d) when after correctly admitting the evidence, it withholds from it its probative value that it deserves
under the rules on evidence

Error of Law – when the court applies the wrong law to the set of facts correctly established in the case
- when the court applies the correct law to the facts of the case but in the process of applying it,
misinterprets the law

May a court having jurisdiction over the subject matter over the case commit an error of jurisdiction?
- Yes, when in the exercise of its jurisdiction it commits grave abuse of discretion amounting to lack or
excess of jurisdiction

Why should there be a distinction?

- For the correct remedy of the aggrieved party
- Because an error of judgment and an error of jurisdiction require different remedies
- If the counsel chooses a wrong remedy for any of these errors, it would be a disaster for the client

Ordinary appeals – when the judgment appealed from is rendered by the court in the exercise of its original
jurisdiction

Two kinds of ordinary appeals (Rule 40 and 41)

1. Ordinary appeal by notice of appeal – when the judgment appealed from was rendered by the court
in the exercise of its original jurisdiction in a case where only one appeal is allowed
- Usually a one-page document, where the appellant informs the court and the adverse party that he
is appealing the judgment to the proper court stating the date when he received a copy of judgment
or the order of the court denying his motion for a new trial or reconsideration. And that the
appellant has already paid legal fees.
- Shall be filed within 15 days from the notice of judgment or from the receipt of order denying his
motion for a new trial or reconsideration
- The most frequently used
2. Ordinary appeal by record on appeal – when the judgment appealed from was rendered by the court
in the exercise of its original jurisdiction in a case where multiple or several appeals are allowed
- Still accompanied by a notice of appeal
- In this appeal, a party is allowed to appeal an order of the court while the main case remain pending
in the trial court
- Allowed in special proceedings and in some special civil actions such as action for expropriation
and partition
 Record on appeal – a compilation of all the orders of the court as well as the pleadings, motions,
and other submissions of the parties that are relevant to the particular order of the court being
appealed from

Why is a party wants to appeal an order of the court while the case is still pending therein, required
to file a record on appeal?
- Since the record of the case cannot be transmitted to the appellate court because despite the
appeal, the main case will remain pending in the trial court.
- The party appealing is required to furnish the appellate court his own record of the case
pertinent to the subject of the appeal
- Since it takes some time to prepare the record on appeal, the appellant is given a longer
period of 30 days from notice of the order appealed from within which to file his record of
appeal

Three kinds of other appeals (Rule 42, 43, 45) mode of appeal
1. Petition for Review under Rule 42
2. Petition for Review under Rule 43
3. Petition for review on Certiorari under Rule 45 (Appeal by certiorari)

Appeals from judgments of the Municipal Trial Courts under Rule 40

- Being the lowest trial court, the MTC exercises only original jurisdiction and delegated jurisdiction
over cadastral and one registration cases which the MTC may only exercise upon the delegation of the
Supreme Court

Since the MTC exercises only original jurisdiction, the proper mode of appeal from all its judgments is
Ordinary Appeal

To what court should an appeal from a judgment of MTC be taken – To the RTC

Xpn: Cadastral and land registration cases in the exercises of its delegated jurisdiction

If an appeal from a judgment of the MTC is taken to the RTC, with what court should the notice of appeal or
record on appeal be filed?
- Sec 3, the notice of appeal or record on appeal shall be filed with court which rendered the judgment.
- Thus, in the MTC

The court which rendered the judgment appealed from goes by different names
- Court of origin
- Court a quo
- Trial court

Within what period should an appeal from a judgment of the MTC be taken to the RTC?
- It depends.
- If the appeal is by notice of appeal – the notice of appeal shall be filed with the MTC within 15 days
from notice of judgment or receipt of the order denying his motion for a new trial or reconsideration
- If the appeal is by record on appeal – the record on appeal shall be filed with the MTC within 30
days from notice of judgment

May the 15-day or 30-day period for taking ordinary appeal be extended?
- ABSOLUTELY NOT

When is an appeal deemed perfected?

- Needs qualification. It depends
 - If the appeal is by notice of appeal – deemed perfected as to the appellant upon the timely filing of the
notice of appeal with the MTC (with the court which rendered the judgment)
- If the appeal is by record on appeal – deemed perfected as to the appellant upon the approval by the
MTC of the record on appeal

When does the MTC lose jurisdiction over the case?

- Upon the concurrence of two events:
i. An appeal should have been perfected; and
ii. The period to appeal for the adverse party should have expired
- Once an appeal is perfected, two courts become involved in the case
o First, the court which rendered the judgment and second, the appellate court
o The two courts cannot exercise jurisdiction over the same case at the same time
o Once the court which rendered the judgment uses jurisdiction over the case, the appellate court
must immediately assume jurisdiction over the case
o Once the RTC assumes jurisdiction over the case, the MTC should have already lost its
jurisdiction

However, because of bureaucratic reasons, the record of the case may not have been transmitted to the
appellate court when the trial court already loses its jurisdiction.

The trial court has lost jurisdiction over the case and the appellate court is not yet ready to acquire jurisdiction
- In the meantime, who will exercise jurisdiction over the case? The trial court, after losing jurisdiction
over the case, is given subsidiary jurisdiction

Subsidiary/Residual Jurisdiction – may be exercise by the trial court after it has lost its jurisdiction
over the case but at any time for as long as the record of the case is with it.
- A very limited jurisdiction
- In its exercise, the trial court may issue only a few orders.
o Such as an order to protect and preserve the rights of the parties pertaining to matters that
are not litigated in the appeal;
o an order approving the parties compromise agreement;
o an order allowing a person to appeal as an indigent;
o an order granting a motion for execution pending an appeal;
o an order allowing the withdrawal of the appeal

Once the record of the case is transmitted to the appellate court, the trial court loses its subsidiary
jurisdiction.

What is the procedure in the RTC, as an appellate court, after it receives from the MTC the record of the case
or the record on appeal?
- The RTC shall issue an order directing the appellant to file his memorandum within 15 days from his
receipt of the order and directing the appellee to file his memorandum within 15 days from his receipt
of the memorandum of the appellant
- After its receipt of the respective memoranda of the parties, or upon the expiration of period for filing
a memoranda, the RTC may now exercise its appellate jurisdiction by rendering judgment in the
case based on the records of the case and the respective memorandum filed by the parties

Sec 8 – if the MTC before trial, issues an order dismissing the case for lack of jurisdiction, and such order is
on appeal affirmed by the RTC –
- The RTC, if it has jurisdiction over the case, shall try the case on the merits as if the case was originally
filed with it.
- If the MTC has tried and decided the case on the merits, and on appeal the RTC determines it has
original jurisdiction over the case, the RTC shall not dismiss the case but shall instead try the case as
if it was originally filed with it.
o Allowing the parties to submit additional pleadings and evidence
Rule 41
Appeal from Regional Trial Courts

Begins with a list of orders that cannot be appealed (memorize)

a. An order denying a petition for relief or any similar motion seeking relief from judgment
b. An interlocutory order – one issued by the court in the course of the trial of the case which resolves one
or some but not all the issues in the case
- It does not terminate the trial of the case

c. An order disallowing or dismissing an appeal

d. An order denying a motion to set aside a judgment by consent, confession or compromise on the ground
of fraud, mistake or duress, or any other ground vitiating consent
e. An order of execution – if this is allowed to be appealed, every judgment obligor will appeal the order
of execution and there will be no end to litigation

f. A judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, cross claims and third-party complaints, while the main case is pending unless the court
allows an appeal therefrom
g. An order dismissing an action without prejudice –
- Two kinds of order of dismissal:
i. One with prejudice - it means the plaintiff cannot refile the case and his only recourse is to
appeal the order of dismissal
ii. One without prejudice – the plaintiff may refile the case thereby precluding him from
appealing the order of dismissal

RTC – naturally exercises original and appellate jurisdiction

Appeals from judgments rendered by the RTC in the exercise of its original jurisdiction

To what court is the appeal from a judgment rendered by the RTC in the exercise of its original jurisdiction,
taken?
- As a rule, the appeal is taken to the Court of Appeals
- By what mode of appeal should the appeal be taken? The proper mode of appeal is ordinary appeal,
either by notice of appeal or record on appeal

//there is no need to discuss the procedure for ordinary appeal from the RTC to Court of Appeals. They are
exactly the same as the proceeding from the MTC to RTC. Just substitute the MTC to RTC as the trial court
and the RTC to CA as the appellate court//
- The same rules applies to the proper mode and kind of appeal as to when the appeal by the notice of
appeal or record on appeal shall be taken
- As to where to file the notice of appeal or record on appeal
- As to when the appeal by notice of appeal or record on appeal is deemed perfected
- As to when the trial court loses jurisdiction over the case
- As to when the trial court may exercise subsidiary jurisdiction
- As to what orders the trial court may issue in the exercise of its subsidiary jurisdiction

Is there an instant where the judgment rendered by the RTC, in the exercise of its original jurisdiction, is
appealable but to another court?
- Yes. When the judgment appealed from is rendered by the RTC, in the exercise of its original
jurisdiction, and the appeal raises pure questions of law, -
o The appeal shall be taken, not to the CA, but directly to Supreme Court by way of Petition to
Review on Certiorari under Rule 45
 o Two requisites:
i. The judgment appealed from must have been rendered by the RTC, in the exercise of its
original jurisdiction
ii. The appeal shall raise only pure question of law
- When the judgment appealed from is rendered by the RTC, in the exercise of its appellate jurisdiction,
and the appeal raises only pure questions of law. Where should the appeal be taken?
o The appeal shall be taken to the CA
o Reason: one of the requisites are not satisfied

Rule 44
Procedure in the Court of Appeals

What is the procedure in the CA when it exercises its appellate jurisdiction in ordinary appeals?
- Upon its receipt of the record of the case, or record on appeal –
o The CA shall issue an order directing the appellant to file appellant’s brief within 45 days from
his receipt of the order and directing the appellee to file appellee’s brief also within 45 days
from his receipt of the appellant’s brief and giving (why giving? Not mandatory but optional;
he or she may not file a reply brief) the appellant a period of 20 days within which to file a
reply brief
o After all the parties have given the chance to present their respective briefs, the CA shall render
judgment based on the record of the case or the record on appeal, and the respective briefs of
the parties

Rule 42
Petition for Review from the RTC (in the exercise of its appellate jurisdiction) to the CA

To what court is a judgment rendered by the RTC, in the exercise of its appellate jurisdiction, taken on appeal?
- The appeal is taken to the CA

By what mode of appeal?

- By petition for review from the RTC to the CA under Rule 42

A petition for review must be verified and among others it must allege specific material dates showing that it
was seasonably filed and it must specify the errors of fact or errors of law or both the RTC was supposed to
have committed

A petition must be also accompanied with a certification against forum shopping

How and within what period shall the appeal by petition for review under Rule 42 be taken to CA?
- An appeal shall be taken by filling with the CA the petition for review and paying the requisite docket
fees or legal fees within 15 days from notice of judgment

While the notice of appeal and record on appeal are filed with the trial court which rendered the judgment, the
petition for review is filed with the CA which is the appellate court

While the 15-day or 30-day period for perfecting an ordinary appeal is strictly non-extendible, the 15-day
period for filing the petition for review may, for good reason, be extended for a period of 15 days, and only
for the most compelling reason be further extended for a period of not more than 15 days

- But before the CA would grant the extension, the petitioner must move for extension before the original
15-day period expires and he must already pay the docket and legal fees for the appeal
 - The reason for allowing a total extension of 30 days to the 15-day period for filing the petition to
review is that the petition to review is much more difficult to prepare than the notice of appeal or record
on appeal

When is the appeal by petition for review under Rule 42 be perfected?

- It is deemed perfected, as to the petitioner, upon the timely filing of the petition for review with the
CA

When does the RTC lose jurisdiction over the case?

- Upon the perfection of the appeal and the expiration of the period to appeal of the adverse party

When may the RTC exercise its subsidiary jurisdiction?

- After it has lost jurisdiction over the case and at any time before the CA gives due course to the petition
for review
- In an appeal by petition for review, the RTC even after losing jurisdiction over the case is not required
to automatically transmit the case record to the CA
- Such being the case, the RTC’s period for exercising subsidiary jurisdiction cannot be made to depend
on its continued custody over the record of the case
- The RTC may, in the exercise of its subsidiary jurisdiction, issue the same orders as in ordinary appeals
- RTC will continue to have the record of the case

What may the CA do upon the filing of petition for review?

- The CA may dismiss the petition outright if it finds it patently without merit or that the appeal is being
prosecuted manifestly for delay, or that the question raised therein are too unsubstantial to merit the
court’s consideration
- The parties are called petitioner (appellant) and respondent (appellee)
- But if the court finds probable merit in the petition, it may require the respondent to file his comment
thereon, within 10 days from notice
o If after receipt of the respondent’s comment or upon the expiration of period of filing the
comment, the court finds prima facie that the RTC committed errors of fact or law that would
warrant reversal or modification of the appealed judgment, the CA may give due course to the
petition
o If it deems it necessary, the CA may then require the RTC to elevate the record of the case.
o After the CA has given due course to the petition, it may set the case for oral argument or
requiring the parties to submit memoranda after which the case is deemed submitted for
decision

Within what period should the petitioner file a petition for review with the CA? Within 15 days from notice
of judgment

Is the 15-day period extendible?

Yes. there is no ground. The ground thereof would be for any good reason. Up to the CA to determine what
would be a good reason

Where do you file?

File with the CA

For how long may it be extended?

For a period not more than 15 days

May a second extension be granted by the court?

GR: The answer should be NO. Except for the most compelling reasons
- Not for more than 15 days

Will be required to have already paid the docket fee for the petition
Rule 43
Appeals from Quasi-Judicial Agencies to the CA

Same procedure under Rule 42

Quasi – similar to but not exactly the same

Quasi-judicial agencies – that while these agencies are similar to courts, they are not courts. These
administrative agencies are characterized as quasi-judicial because they perform functions which courts do.
They hear, try and decide cases in accordance with the law.

Sec 1 – a long list of quasi-judicial agencies whose judgments, finals orders, or resolutions are appealable in
a manner provided by this rule.

To better memorize, memorize the quasi-judicial agencies that are expressly or impliedly excluded from the
coverage of Rule 43
- NLRC is expressly excluded under Sec 2
- By implication, COMELEC and COA are excluded
- CSC included in the list under Sec 1 of Rule 43

To what court and by what mode of appeal are the judgments, final orders, resolutions of quasi-judicial
agencies appealable?
- To CA, by petition for review under Rule 43

Differences between Rule 42 and Rule 43

Rule 42 Rule 43
Under Sec 2, only the Under Sec 6, all the
assailed judgment of documents required to
final order of the RTC be attached to the
attached to the petition petition, including the
must be a certified true assailed judgment,
copy or duplicate final order or
original. The pleadings resolution, as well as
and other material the pleadings and
portions of the record material portions of the
of the case attached to record must be
the petition need only certified true copies or
be clear copies. duplicate originals
Sec 8 (b) the perfection Sec 12 the taking of the
of the appeal, stays the appeal does not stay
execution of the appeal the execution of the
judgment or final order judgment, final order
or resolution appealed
from

Rule 45
Appeal by Certiorari by the Supreme Court
Civil Cases Criminal Cases
In civil cases, without In criminal cases, the
exception, the only same rule applies
way to appeal to the except for 3 exceptions
Supreme Court is by a. In the judgment of
Petition for Review by the RTC impose
Certiorari or Appeal by the penalty of
 Certiorari under Rule death, the accused
45 need not to appeal
because under the
constitution, the
judgment shall be
automatically
reviewed by the
SC
b. If the judgment of
the RTC impose
the penalty of
reclusion
perpetua, the
judgment is
appealable to the
SC by notice of
appeal
c.

Appeal under Rule 45 is unique in 2 ways:

1. It is the only mode of appeal where only question of law may be raised
- Other appeal is a matter of right. If you complied with the requirements, the appellate court has
no choice but to give course
- Not a matter of right; SC may not give due course even if you have complied all the requirements
prescribed by law
- This is because the Supreme Court is not a trier of facts
- The Supreme Court will accord great weight and respect the finding of facts of the trial court
- The SC will not disturb the findings of the trial court

Whether to grant or not (factors) in giving due course

- The court a quo has decided a question of substance that the SC has not yet to determine/resolve
i. There is no jurisprudence yet
ii. The SC has not yet decided on these questions of substance
- The court a quo has decided a question of substance which is contrary to law or existing jurisprudence
- The court a quo has departed from the accepted and usual course of judicial proceeding
- The court a quo has allowed a lower court to depart from the accepted and usual course of judicial
proceeding

Transcendental importance – the SC may give due course to the petition

- It is not only important to the parties but to almost everybody

Question of Law Question of Fact

The same must not The issue requires a
involve an review of the evidence
examination of a presented
probative value of the
evidence presented.

The resolution of the

issue must rest solely
on what the law
provides on the given
set of facts.
 Real test: whether the appellate court can
determine the issue raised without reviewing or
evaluating the evidence
- If it is otherwise, is it a question of fact

From the point of view of the petitioner: error of

fact – question of fact

Error of law – applying the wrong law

-

Exceptions to the Question of law (Mendoza v Palugod)

a. When the inferences made by the court a quo are manifestly mistaken, absurd or impossible
b. When the court a quo has committed abuse of discretion
c. When the judgment is based on a misapprehension of the facts
d. When the findings of fact are conflicting
e. When the CA findings of fact are contrary to those of the trial court
f. When the conclusions made by the court a quo do not cite the specific evidence on which they are
based

2. It is the only mode of appeal that is not a matter of right but a matter of judicial discretion
- In other modes of appeal, once the appellant has complied with all the requirements prescribed by
law for the appeal, the appellate court is duty bound to give due course to the appeal
- In an appeal in certiorari, compliance by the appellant of all the legal requirements is no a
guarantee that the SC will give due course to the appeal
- Sec 6, an appeal by certiorari may be given due course only when there are special and important
reasons for doing so.
i. Sets forth certain matters that the SC may consider in deciding whether to give due course to
the appeal or not:
a. When the trial court has decided a question of substance that the Sc has not, until then,
decided
b. When the trial court has decided a question of substance in a way that is contrary to law or
jurisprudence
c. When the court a quo has departed from the usual accepted course of proceedings or has
allowed such departure by the lower court as to call for the exercise of the court’s power
of supervision

- Even if these matters are shown to be present, the SC may still deny due course to the appeal by
certiorari

How and when shall an appeal by certiorari be taken to the SC

- By filing with the SC a verified petition for review on certiorari within 15 days from notice of judgment
or receipt of the order denying the motion of new trial or reconsideration

May the 15-day period for filing the petition be extended?

- Yes. For a period of 30 days
- Grounds:
i. There is justifiable reason (could be anything)
- Sec 2 provides for certain conditions for the granting of the 30-day extension
a. The motion for extension should be filed with the SC before the original 15-days period expires
and the full docket and other lawful fees for the appeal shall already be paid therewith. The court
may only grant the extension for justifiable reasons
b. Sec 4, contents of petition
 c. Sec 5, warning. The SC may motu proprio dismiss the petition on the ground that the appeal is
without merit or is being prosecuted manifestly for delay or that the question raised are too
unsubstantial to require the consideration of the court

The judgments that may be appealed to the SC by petition for review on certiorari
a. Judgments rendered by the RTC in the exercise of its original jurisdiction where the appeal raises a
pure question of law
b. Judgments rendered by the CA, whether in the exercise of its original or appellate jurisdiction, where
only questions of law are raised in the appeal
c. Judgments of the Sandiganbayan, whether rendered in the exercise of its original or appellate
jurisdiction, where the appeal raises only questions of law
d. Judgments of the Courts of Tax Appeals En banc where only pure questions of law are raised in the
appeal
e. Judgments rendered by the RTC or CA in a petition for habeas corpus,
f. Judgments rendered by the RTC, Sandiganbayan, or CA in a petition for writ of amparo, even if the
appeal raises both questions of law and facts, provided that the petition is filed with the SC within 5
calendar days from notice of judgment
g. Judgments rendered by the RTC, Sandiganbayan or CA in a petition for habeas data, even if the appeal
raises both questions of law and facts, provided that the petition is filed with the SC within 5 calendar
days from notice of judgment
h. Judgments rendered by the CA in a petition for a writ of kalikasan, even if the appeal raises both
questions of law and facts, provided that the petition is filed with the SC within 15 calendar days from
notice of judgment

In those instances where the judgment could not be appealed to the SC, because questions of fact are involved
and there is no other appeal or plain, speedy or adequate remedy available in the ordinary course of law, the
aggrieved party only recourse is to file for petition for certiorari under Rule 65, provided it can establish lack
of jurisdiction or grave abuse of discretion

In other modes of appeal, the appellate court may resolve both question of fact and question of law