Civpro UST 2A Reviewer

CIVIL PROCEDURE REVIEWER
2A ACADEMIC YEAR 2019-2020 2

UNIVERSITY OF SANTO TOMAS | FACULTY OF CIVIL LAW




GENERAL PRINCIPLES OF REMEDIAL LAW Generally prospective in GR: May be applied
CONCEPTS IN REMEDIAL LAW application. retroactively.
(In Rules of Procedure, no
Remedial law provides the “means and methods whereby one can claim a vested
causes of action may be effectuated, wrongs redressed and right.
reliefs obtained” (Black’s Law Dictionary, 5th Ed., 1162,
citing Schmitt v. Jenkins Truck Lines, Inc., 260 Iowa 556,
149 N.W.2d 789, 792). It refers to how to enforce a A person has no vested
substantive right. right in any remedy, and a
litigant cannot insist on
Remedial law plays a vital role in the administration of justice. the application to the trial
It lies at the very core of procedural due process, which of his case, whether civil
means a law which hears before it condemns, one which
proceeds upon inquiry and renders judgment only after trial, or criminal, of any other
and contemplates an opportunity to be heard before than the existing rules of
judgment is rendered (Albert v. University Publishing, procedure (Tan Jr. v. CA,
G.R. No. L-19118, January 30, 1965). G.R. No. 136368,
January 16, 2002)).
Nature of remedial law
The Rules of Court, promulgated by authority of law, have XPNs:

the force and effect of law (Alvero v. De La Rosa et.al. G.R.
No. L-286, March 29, 1946) if not in conflict with positive law. 1. Statute itself
expressly or by
The Rules are subordinate to statutes, and in case of conflict,
the latter will prevail (Altavas v. Court of Appeals, 106 Phil. necessary implication
940, 943). provides that pending
actions are excepted
Strict compliance with the rules has been held mandatory from its operation;
and imperative, so that failure to pay the docket fee in the
Supreme Court, within the period fixed for that purpose, will
cause the dismissal of the appeal (Alvero. De La Rosa 2. If applying the rules to
et.al. G.R. No. L-286, March 29, 1946). pending proceedings
would impair vested
Scope of civil procedure in the Rules of Court
rights;
Civil procedure includes:
1. Ordinary civil actions (Rules 1-56); 3. If to do so would not
2. Provisional remedies (Rules 57-61); and be feasible or would
3. Special civil actions (Rules 62-71) work injustice; or
Substantive Law v. Remedial Law 4. If to do so would

involve intricate
SUBSTANTIVE LAW REMEDIAL LAW problems of due
Creates, defines, and Does not create rights or process or impair the
regulates rights and duties obligations but lays down independence of the
concerning life, liberty, or the methods by which the courts (Tan v. Court
property. rights and obligations of Appeals, 373
arising from substantive SCRA 524, 537).
law are protected,
enforced and given effect. Q: A new law under the Family Code limits the rights of
Creates vested rights. Does not create vested an illegitimate child to seek recognition of filiation. If it is
rights. based on secondary evidence, the illegitimate child can
Enacted by Congress. SC is expressly only file a case against the putative father within the
lifetime of the father. But in this case, the child was born
empowered to
before the effectivity of the Family Code. Whether the
promulgate procedural child’s right to an action for recognition, which is granted
rules. by Art. 285 of the Civil Code, had already vested prior to
the enactment of the Family Code?
CA’s ruling was based on the prevailing rule which provided that
A: Yes. The Family Code cannot impair or take the child’s the 60-day period for filing a petition for certiorari shall be
right to file an action for recognition because that right had reckoned from receipt of the assailed decision or order.
However, there is a new law which no longer provides such.
already vested prior to the Family Code’s enactment.
Instead it provides that the 60-day period shall be reckoned from
receipt of the order denying the motion for reconsideration. Did
Art. 285 is a substantive law, as it gives the child the right the CA correctly dismissed the petition for having been filed out
to file an action for recognition within the specified period. of time?
“Substantive Law creates substantive rights. Substantive
law is that part of the law which creates, defines and A: No. The amendment under A.M. 00-2-03-SC is procedural or
regulates rights, or which regulates the rights and duties remedial in character. It is settled that procedural laws do not
which give rise to a cause of action; that part of the law come within the legal conception of a retroactive law, or the
which courts are established to administer; as opposed to general rule against retroactive operation of statutes. They may
adjective or remedial law, which prescribes the method of be given retroactive effect to actions pending and undetermined
at the time of their passage and this will not violate any right of
enforcing rights or obtains redress for their invasion.” “The a person who may feel that he is adversely affected, inasmuch
test is whether the rule really regulates procedure, that is, as there is no vested rights in rules of procedure.
the judicial process for enforcing rights and duties
recognized by substantive law” (Bernabe v. Alejo, 374 Thus, by virtue of this retroactive application of A.M. 00-2-03-
SCRA 180). SC, we hold that the instant petition for certiorari was filed on
time (Republic vs. CA, G.R. No. 141530, March 18, 2003). The
NOTE: Not all provisions in the Family Code are new law was given retroactive effect because the decision has
substantive laws. There are rules of procedure under the not yet attained finality.
Family Code such as Article 40, which provides:
OBJECTIVE OF PROCEDURAL LAWS
Article 40. The absolute nullity of a previous
Objective of Rules of Court
marriage may be invoked for purposes of
remarriage on the basis solely of a final To secure a: [JuSI]
judgment declaring such previous marriage void. 1. Just;
2. Speedy; and
Q: The period before the decision becomes final and
3. Inexpensive disposition of every action and
executory is 15 days from receipt of the decision. The
decision was received by the plaintiff on October 1 and proceeding (Rule 1, Section 6, RoC).
was received by the defendant on October 5. When will
the decision become final and executory? Implementation of remedial laws
Remedial laws are implemented through the judicial system,

A: October 21. The decision is final only as to the plaintiff
including the prosecutor service of courts and quasi-judicial
on October 17, which means he cannot file a Motion for
agencies.
Reconsideration (MR), Motion for New Trial (MNT) or
Appeal after said date. Defendant can still file MR until Rule on compliance with procedural rules
October 20 because his period of time is until October 20.
Hence, if the two parties did not do anything, the decision GR: A zealous observance of the rules is still the general
becomes final and executory as to them and as to the course of action as it serves to guarantee the orderly, just
court on October 21. and speedy disposition of cases (Ben Line Agencies
Philippines, Inc. Madson, G.R. No. 195887, January 10,
Q: The period before the decision becomes final and 2018).
executory is 15 days from receipt of the decision. The
decision was received by the plaintiff on October 1 and It needs to be reiterated that compliance with the procedural
was received by the defendant on October 5. On October rules is still the general rule, and abandonment thereof
22, a new law will be effective extending to 30 days the should only be done in the most exceptional circumstance
period of appeal. If the MR was filed on October 21, is it (Riano, 2019).
filed on time?
The following shall be strictly construed:
A: No. By October 21, the decision has already attained 1. Reglementary periods;
finality. Even if the new law, which took effect the day after 2. Rule on forum shopping; and
it became final and executory extending the period of 3. Service of summons
appeals to 30 days, the period cannot be extended. The
new law cannot be retroactively applied because it is XPN: Liberal interpretation of the Rules.
already final and executory.
Rule on liberal construction
Q: The government filed a petition for certiorari with the CA,
which the latter dismissed because it was filed out of time. The
The Rules shall be liberally construed in order to promote the norm that on the balance, technicalities take a
their objective of securing a just, speedy and inexpensive backseat against substantive rights. Thus, if the
disposition of every action and proceeding (Rule 1, application of the rules would tend to frustrate rather than
Section 6, RoC). promote justice, it is always within this Court's power to
suspend the rules or except a particular case from its
While jurisprudence recognizes the importance of application (Magallanes v. Sun Yat Sen Elementary
procedural rules in ensuring effective enforcement of School, et.al, G.R. No. 160876).
substantive rights, the law abhors technicalities that
impede the cause of justice (Miranda v. Sandiganbayan, Q: The RTC dismissed the complaint because it appears
G.R. Nos. 144760-61, August 2, 2017). that Atty. Villareal, who filed for and in behalf of the plaintiff
corporation, was not authorised. The CA upheld the RTC
The rule on liberal construction involves a relaxation of the ruling holding Atty. Villareal not authorised to file the
procedural rules when their rigid application would hinder second suit. Is the CA correct?
substantial justice. Rules of procedure are mere tools
designed to facilitate the attainment of justice (Riano, A: Yes. The CA is correct in dismissing the case because
2019). there was no proof submitted that Atty. Villareal was duly
authorized to file the complaint and sign the verification
Burden of invoking the liberal construction and certification against forum shopping. The Rules of
Court, specifically Section 2 of Rule 3 thereof, requires
Parties praying for the liberal interpretation of the rules that unless otherwise authorized by law or the Rules of
must be able to hurdle that heavy burden of proving that Court, every action must be prosecuted or defended in the
they deserve an exceptional treatment (Prieto v. Alpadi name of the real party-in-interest.
Development Corporation, G.R. No. 191025, July 31,
2013). Under our procedural rules, "a case is dismissible for lack of
personality to sue upon proof that the plaintiff is not the real
Invocation of “interest of substantial justice” party-in- interest, hence, grounded on failure to state a cause
of action." Procedural rules are not to be disdained as mere
The bare invocation of the “interest of substantial justice” technicalities that may be ignored at will to suit the
is not a magic wand that will automatically compel this convenience of a party. Adjective law is important in ensuring
Court to suspend procedural rules. the effective enforcement of substantive rights through the
orderly and speedy administration of justice. These rules are
The general objective of procedure is to facilitate the not intended to hamper litigants or complicate litigation but,
indeed to provide for a system under which a suitor may be
application of justice to the rival claims of contending
heard in the correct form and manner and at the prescribed
parties, bearing always in mind that procedure is not to time in a peaceful confrontation before a judge whose
hinder but to promote the administration of justice. In this authority they acknowledge (Philippine Numismatic and
case, however, such liberality in the application of rules of Antiquarian Society v. Aquino, G.R. No. 206617, January
procedure may not be invoked if it will result in the wanton 30, 2017).
disregard of the rules or cause needless delay in the
administration of justice. It is equally settled that, save for APPLICATION OF PROCEDURAL LAWS
the most persuasive of reasons, strict compliance is
enjoined to facilitate the orderly administration of justice Q. Linda and First Union failed to settle their outstanding
(Sps. Bergonia v. CA, G.R. No. 189151, January 25, obligations, which prompted BPI to file a complaint for collection
2012). of sum of money with the RTC. The complaint’s verification and
certificate of non-forum shopping were signed by Asis and Ong,
Q: The dismissed employees filed a petition for certiorari however, there was no Secretary’s Certificate or Board
with the CA but it was dismissed. They filed an MR but Resolution attached to evidence their authority to file the
complaint. Did BPI failed to comply with the procedural
placed the wrong docket number hence it was ruled that
requirements?
the MR was inexistent. Is the ruling correct?
A: Yes. The verification of a complaint and the attachment of a
A: Yes. The CA is correct when it ruled that petitioners' certificate of non-forum shopping are requirements that – as
MR is "non-existent” for bearing an erroneous docket pointed out by the Court, time and again – are basic, necessary
number. However, we opt for liberality in the application and mandatory for procedural orderliness. The rule for the
of the rules to the instant case in light of the following submission of a certificate of non-forum shopping, proper in form
considerations. First, the rule that negligence of counsel and substance, remains to be a strict and mandatory rule; any
binds the client may be relaxed where adherence thereto liberal application has to be justified by ample and sufficient
reasons that maintain the integrity of, and do not detract from
would result in outright deprivation of the client's liberty or
the mandatory character of the rule (BPI v. CA, G.R. No.
property or where the interests of justice so require. 168313, October 6, 2010).
Second, this Court is not a slave of technical rules, shorn
of judicial discretion - in rendering justice, it is guided by Application of the Rules of Procedure may be relaxed
Where strong considerations of substantive justice are amendment of the Rules of Court (Pinga v. The
manifest in the petition, the strict application of the rules Heirs of German Santiago, G.R. No. 170354,
of procedure may be relaxed, in the exercise of its equity June 30, 2006).
jurisdiction. Thus, a rigid application of the rules of
procedure will not be entertained if it will obstruct rather 3. The admission to the practice of law;
than serve the broader interests of justice. If the strict 4. The integrated bar;
application of the rules would tend to frustrate rather than 5. Legal assistance to the underprivileged. [Art. VIII,
promote justice, this Court is not without power to Sec. 5(5), 1987 Constitution]
exercise its judicial discretion in relaxing the rules of
procedure (CMTC International Marketing Corp v. Limitations on the rule making power of the SC
Bhagis International Trading Corp., G.R. No. 170488,
December 10, 2012). 1. The rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases;
Judicial rules of procedure do not apply to non- 2. The rules must be uniform for all the courts of the
judicial proceedings same grade; and
Labor disputes are not governed by the strict and 3. The rules must not diminish, increase or modify a
technical rules on evidence and procedure observed in substantive right (Riano, 2019).
the regular courts of law. Technical rules of procedure are
not applicable in labor cases, but may apply only by
Power of the SC to amend the Rules of Court
analogy or in a suppletory character, as when there is a
The Supreme Court has the power to amend, repeal or even
need to attain substantial justice and an expeditious, establish new rules for a more simplified and inexpensive
practical, and convenient solution to a labor problem process, and the speedy disposition of cases (Neypes v.
(Sime Darby Employees Association v. NLRC, G.R. Court of Apeals).
No. 119205, April 15, 1998).
Power of the SC to suspend the application of the Rules
Quasi-judicial and administrative bodies are not bound by of Court and exempt a case from its operation
the technical rules of procedure, that technicalities should The courts have the power to relax or suspend technical or
never be used to defeat the substantive rights of a party, procedural rules or to except a case from their operation
and that every litigant should be afforded the opportunity when compelling reasons so warrant or when the purpose of
for the proper and just determination of his cause, free justice requires it. What constitutes good and sufficient cause
from the constraints of technicalities (Riano, 2019; that would merit suspension of the rules is discretionary upon
Birkenstock Orthopaedie GMBH and Co. KG v. the courts (Commissioner of Internal Revenue v. Migrant
Philippine Shoe Expo Marketing Corporation, G.R. Pagbilao Corporation, G.R. No. 159593, October 12,
No. 194307, November 20, 2013). 2006).
Need to follow fundamental evidentiary rule Important factors that would warrant the suspension of
While administrative or quasi-judicial bodies are not the Rules of Procedure
The suspension of the Rules by the Court is not based on
bound by the technical rules of procedure, this rule cannot
whim, caprice or flimsy reasons. Jurisprudence cite
be taken as a license to disregard fundamental
important factors that would warrant such suspension, like:
evidentiary rules; the decision of the administrative
agencies and the evidence it relies upon must, at the very 1. Existence of special or compelling circumstances;
least, be substantial (Primo v. Mendoza Vda. de 2. Merits of the case;
Erederos, G.R. Nos. 172532and 172544-45, November
3. A cause not entirely attributable to the fault or
20, 2013).
negligence of the party favoured by the suspension
RULE-MAKING POWER OF THE SUPREME COURT of rules;
4. Lack of any showing that the review sought is
Extent of the rule-making power of the SC merely frivolous and dilatory; and
(P-PAIL) 5. The other party will not be unjustly prejudiced
thereby (Sarmiento v. Zaratan, G.R. No. 167471,
It has the power to promulgate rules concerning: February 5, 2007).
1. The protection and enforcement of constitutional
rights; Suspending locus standi requirement
2. Pleading, practice, and procedure in all courts; Being a mere procedural technicality, the requirement on
locus standi may be waived by the Court in the exercise
NOTE: The constitutional faculty of the Court to of its discretion given the transcendental importance of
promulgate rules of practice and procedure the constitutional issues it raises as when the petition
necessarily carries the power to overturn judicial challenges the constitutionality of the manner by which
precedents on points of remedial law through the the President of the Philippines makes appointments to
the judiciary (Aguinaldo v. Aquino III, G.R. No. 224302, 4. When the challenged orders were patent nullities;
November 29, 2016). 5. When analogous exceptional and compelling
circumstances called for and justified the immediate
Pro hac vice rule and direct handling of the case (Republic v. Caguioa,
Pro hac vice is a Latin term meaning “for this one only.” et.al., G.R. No. 17485, February 20, 2013);
When the ruling is qualified as such, the same cannot be 6. When there are genuine issues of constitutionality that
used as a precedent to govern other cases (Highpoint must be addressed at the most immediate time (The
Development Corporation v. Republic, G.R. No. Diocese of Bacolod v. Commission on Elections,
224389, November 7, 2018). G.R. No. 205728, January 21, 2015); and
7. When the issues raised are of transcendental
DOCTRINES importance (Rama v. Moises, G.R. No. 197146,
August 8, 2017).
Doctrine of Hierarchy of Courts
Under the doctrine of hierarchy of courts, where courts Doctrine of Non-Interference or Doctrine of Judicial
have concurrent jurisdiction over a subject matter, such Stability
concurrence of jurisdiction does not grant the party
seeking relief the absolute freedom to file a petition in any GR: No court can interfere by injunction with the judgments
court of his choice. Pursuant to this doctrine, a case must or orders of another court of concurrent jurisdiction having
be filed first before the lowest court possible having the the power to grant the relief sought by the injunction (Atty.
appropriate jurisdiction, except if one can advance a Cabili v. Judge Balindog, A.M. No. RTJ-10-2225,
special reason which would allow a party a direct resort to September 6, 2011).
a higher court (Riano, 2019).
XPN: The doctrine does not apply where a third-party
The rule on hierarchy of courts determines the venue of claimant is involved (Santos v. Bayhon, G.R. No. 88643,
appeals. Such rule is necessary to prevent inordinate July 23, 1991).
demands upon the Court’s precious time and attention
which are better devoted to matters within its exclusive The rationale for the rule is founded on the concept of
jurisdiction, and to prevent further overcrowding of the jurisdiction: a court that acquires jurisdiction over the case
and renders judgment therein has jurisdiction over its
Court’s docket (Ang v. Mejia, G.R. No. 167533, July 27,
judgment, to the exclusion of all other coordinate courts, for
2007).
its execution and overall its incidents, and to control, in
furtherance of justice, the conduct of ministerial officers
NOTE: The rationale is two-fold: acting in connection with this judgment (United Alloy v.
1. It would be an imposition upon the precious time UCPB, G.R. No. 179257, November 23, 2015).
of the Supreme Court; and
2. It would cause an inevitable and resultant delay, Settled is the rule that where the law provides for an appeal
intended or otherwise, in the adjudication of from the decisions of administrative bodies to the Supreme
Court or the Court of Appeals, it means that such bodies are
cases, which in some instances, had to be
co-equal with the Regional Trial Courts in terms of rank and
remanded or referred to the lower court as the stature, and logically, beyond the control of the latter
proper forum under the rules of procedure, or as (Philippine Sinter Corporation v. Cagayan Electric
better equipped to resolve the issues because the Power And Light Co. Inc., G.R. No. 127371, April 25,
Supreme Court is not a trier of facts (Heirs of 2002).
Hinog v. Melicor, G.R. No. 140954, April 12, Doctrine of Immutability of Judgments
2005). Otherwise known as the principle of conclusiveness of
judgments, this doctrine provides that a judgment that has
NOTE: The Supreme Court is a court of last resort and must attained finality can no longer be disturbed. It is sometimes
so remain if it is to satisfactorily perform the duty assigned to referred to as “preclusion of issues” or “collateral estoppel”
it. whereby, issues actually and directly resolved in a former
suit cannot again be raised in any future case between the
When doctrine of hierarchy of courts may be same parties (Riano, 2014).
disregarded
Jurisprudence allowed a direct resort to a higher court in Two-fold purpose:
certain cases like: 1. To avoid delay in the administration of justice and
thus, procedurally, to make orderly the discharge of
1. When there are special and important reasons judicial business; and
clearly stated in the petition; 2. To put an end to judicial controversies, at the risk
2. When dictated by public welfare and the of occasional errors, which is precisely why the
advancement of public policy;
3. When demanded by the broader interest of justice;
courts exist (Dare Adventure Farm Corporation A: Neither of them is correct. Both substantive law (Art. 33 of
v. CA, G.R. No. 161122, September 24, 2012). the Civil Code) and procedural law (Rule III, Sec. 3, Rules of
Criminal Procedure) provide for the two actions to proceed
independently of each other, therefore, no suspension of action
NATURE OF PHILIPPINE COURTS is authorized (BAR 2010).
Court is an organ of the government, belonging to the Courts of record

judicial department, whose function is the application of laws These are courts whose proceedings are enrolled and which are
to controversies brought before it and the public bound to keep written records of all trials and proceedings
administration of justice (Riano, 2019). handled by them (Luzano v. Romero, et al., G.R. No. L-33245,
September 30, 1971).
Philippine courts are courts of both law and equity. Hence,
both legal and equitable jurisdictions are dispensed with in Functions of court
the same tribunal (U.S. v. Tamparong, 31 Phil. 321).
1. Decide actual controversies and not to give opinions
Equity is “justice outside legality” (Ocampo v. Enriquez, upon abstract propositions (Guarduno v. Diaz, 46
G.R. No. 225973, August 8, 2017). Equity regards the spirit Phil. 472);
of the law and not its letter, the intent and not the form, the 2. Apply the law; and
substance rather than the circumstance (Air Manila v. Court 3. Interpret the law.
of Industrial Relations, 83 SCRA 579, 589).
Court v. Judge
Courts of Law v. Courts of Equity
COURT JUDGE
COURTS OF LAW COURTS OF EQUITY It is a tribunal officially Simply an officer of such
Any tribunal duly Any tribunal administering assembled under authority tribunal.
administering the laws of justice outside the law, of law.
the land. being ethical rather than
jural and belonging to the Organ of the government One who sits on the court.
sphere of morals rather with a personality distinct A physical person.
than of law. It is grounded and separate from the
on the precepts of person or judge. Being in
conscience and not on any imagination comparable to a
sanction of positive law, for corporation.
equity finds no room for
application where there is An office. A public officer.
law (Herrera, 2007).
Disqualification of the judge May be disqualified.
Decides a case according Adjudicates a controversy does not affect the court.
to the promulgated law. according to the common
precepts of what is right
Constitutional Court v. Statutory Court
and just without inquiring
into the terms of the CONSTITUTIONAL STATUTORY COURT
statutes. COURT
Created by the Created by law other than
Constitution, e.g. SC. Constitution, e.g. CA,
Civil courts and Criminal courts
Civil courts are those which determine controversies
Sandiganbayan, CTA, RTC,
between private persons. Criminal courts are those which MTC, MeTC, MCTC, MTCC.
adjudicate offenses alleged to have been committed against
the State (Riano, 2019). Cannot be abolished by May be abolished by
Congress without Congress by simply
Q. X moved for the suspension of the proceedings in the amending the repealing the law which
criminal case to await the decision in the civil case. For his
part, Y moved for the suspension of the two actions to Constitution. created those courts.
proceed independently of each other, therefore, no
suspension of action is authorized. Which of them is correct?
Explain. NOTE: All courts in the Philippines, except the SC, are
statutory courts. They have been created by statutory
enactments (Riano, 2011).
The Sandiganbayan is only a constitutionally-mandated Reorganization Act of 1980). It is in this context that the
court since, although its existence is provided under the RTC is considered a court of general jurisdiction (Riano,
Constitution, its creation was by statutory enactment. 2019).
Classification of courts Concurrent jurisdiction

Concurrent jurisdiction, also called coordinate jurisdiction, is
1. Regular courts the power of different courts to take cognizance of the same
a. Supreme Court; subject matter. Where there is concurrent jurisdiction, the
court first taking cognizance of the case assumes jurisdiction
b. Court of Appeals; to the exclusion of other courts. The concurrent jurisdiction
c. Regional Trial Courts; and among courts of different ranks is subject to the doctrine of
d. Metropolitan Trial Courts, Municipal Trial hierarchy of courts (Riano, 2019).
Courts in Cities, Municipal Trial Courts,
Municipal Circuit Trial Courts; JURISDICTION
2. Special courts
It is the power and authority of the court to hear, try and
a. Sandiganbayan; decide a case. It includes the power to determine whether it
b. Court of Tax Appeals; and has the authority to hear and determine the controversy
c. Shari’a District Courts, Shari’a Circuit presented, and the right to decide whether the statement of
Courts; facts that confer jurisdiction exists, as well as other matters
that arise in the case legitimately (Riano, p. 59, 2019).
3. Quasi-Courts or Quasi-Judicial Agencies It also includes the authority of the court to execute its
decisions. The power to control the execution of the decision
Courts of original jurisdiction v. Courts of appellate of the court is an essential part of the jurisdiction and that the
jurisdiction most important part of a litigation, whether civil or criminal, is
the process of execution of decisions (Echegaray v.
COURTS OF COURTS OF Secretary of Justice, 301 SCRA 96, January 19, 1999).
ORIGINAL APPELLATE
JURISIDCTION JURISDICTION Aspects of Jurisdiction
Courts exercising Superior courts reviewing
1. Jurisdiction over the subject matter
jurisdiction in the first and deciding cases
2. Jurisdiction over the parties
instance. previously decided by a
a. Jurisdiction over the plaintiff
lower court (Riano, 2019).
b. Jurisdiction over the defendant
3. Jurisdiction over the issues
Courts of general jurisdiction v. Courts of special 4. Jurisdiction over the res or thing involved in the
jurisdiction litigation.
COURTS OF GENERAL COURTS OF SPECIAL How the Court acquires jurisdiction over such
JURISDICTION JURISDICTION
Those with competence to Those which have only a 1. Jurisdiction over the plaintiff or petitioner
Acquired by filing of the complaint, petition or
decide on their own special jurisdiction for a initiatory pleading before the court by the plaintiff or
jurisdiction and to take particular purpose or are petitioner.
cognizance of all cases, clothed with special
civil and criminal, of a powers for the 2. Jurisdiction over the defendant or respondent
Acquired by the voluntary appearance or
particular nature (Riano, performance of specified
submission by the defendant or respondent to the
2019) duties beyond which they court or by coercive process issued by the court to
have no authority of any him, generally by the service of summons.
kind (Riano, 2019)
3. Jurisdiction over the subject matter
Conferred by law and unlike jurisdiction over the
NOTE: A court may also be considered ‘general’ if it has parties, it cannot be conferred on the court by the
the competence to exercise jurisdiction over cases not voluntary act or agreement of the parties.
falling within the jurisdiction of any court, tribunal, person,
or body exercising judicial or quasi-judicial functions 4. Jurisdiction over the issues of the case
(Secs. 19[6] and 21, B.P. 129, Judiciary Determined and conferred by the pleadings filed
in the case by the parties, or by their agreement
in a pre-trial order or stipulation, or, at times, by
their implied consent as by the failure of a party The law applicable to the case
to object to evidence on an issue not covered by
the pleadings. Jurisdiction being a matter of substantive law, the
established rule is that the statute in force at the time of
5. Jurisdiction over the res the commencement of the action determines the
Acquired by the actual or constructive seizure by jurisdiction of the court (Riano, p. 69, 2019; Sps.
the court of the thing in question, thus placing it in Estacion v. Hon. Secretary of DAR, G.R. No. 163361,
custodia legis, as in attachment or garnishment; March 12, 2014).
or by provision of law which recognizes in the
court the power to deal with the property or The court’s jurisdiction will be dependent on the time
subject matter within its territorial jurisdiction, as when the petitioner files his complaint. Once the
in land registration proceedings or suits involving complaint has been filed with the court that has proper
civil status or real property in the Philippines of a jurisdiction, it latches on to that and it will not be ousted
non-resident defendant. upon by subsequent events.
Jurisdiction over the subject matter Doctrine of Adherence of Jurisdiction

Power of a particular court to hear the type of case that is The doctrine of adherence of jurisdiction means that once
then before it. It also refers to the jurisdiction of the court jurisdiction has attached, it cannot be ousted by subsequent
over the class of cases to which a particular case belongs happenings or events, although of a character which would
(Black’s Law Dictionary, 5th Ed.). have prevented jurisdiction from attaching in the first
instance. The only recognized exception to the rule arise
Duty of the court when there is lack of jurisdiction when: (1) there is an express provision in the statute, or (2)
over the subject matter the statute is clearly intended to apply to actions pending
It is the duty of the court to dismiss an action whenever it before its enactment (Riano, pp. 78-79, 2019).
appears that the court has no jurisdiction over the subject
matter (Tagalog v. Lim Vda. De Gonzalez, G.R No. Q: At the time the case was filed, the jurisdiction over the
201286, July 18, 2014). Even if the question of jurisdiction subject matter was vested in the RTC. Subsequently, a new
over the subject matter was not raised by either of the law was passed expanding the jurisdiction of the MTC which
parties, the courts will have to first address such question covered the subject matter of the case filed. Did the RTC lose
before delving into the procedural and substantive issues of its jurisdiction to hear and decide the case?
the case (Bureau of Customs v. Devanadera, G.R. No.
193253, September 8, 2015). A: No. Where a court acquired jurisdiction over an action, its
jurisdiction continues to the final conclusion of the case.
Effect of lack of jurisdiction over the subject matter Such jurisdiction is not affected by new legislation placing
jurisdiction over such dispute in another court or tribunal
The general rule is that proceedings conducted, or decisions unless the statute provides for retroactivity. (People v. CA,
made by a court are legally void where there is an absence G.R. No. 154557, February 13, 2008)
of jurisdiction over the subject matter. Where lack of
jurisdiction over the subject matter appears on the record, an DETERMINED BY THE ALLEGATIONS OF THE
appellate court may, on its own initiative, dismiss the action. COMPLAINT OR OTHER INITIATORY PLEADING
When the court dismisses the complaint for lack of How jurisdiction over the subject matter is
jurisdiction over the subject matter, it is performing the only determined
authority that it has under the circumstances, i.e., to order While jurisdiction is conferred by law, jurisdiction is
such dismissal. It would be error for that court to refer or determined by the allegations in the complaint, as well as
forward the case to another court with proper jurisdiction by the character of the relief sought.
(Riano, p. 62-63, 2019).
The allegations in the complaint determine both the
Jurisdiction v. Cause of action nature of the action and the jurisdiction of the court
(Riano, p. 69, 2019).
JURISDICTION CAUSE OF ACTION
It is the authority to hear It is the act or omission by It’s a basic rule that jurisdiction over the subject matter is
and determine a cause – which a party violates a determined by the allegations in the complaint. It is
determined exclusively by the Constitution and the law,
the right to act in a case. right of another (Rule 2,
and cannot be conferred by voluntary act or agreement of
Section 2, RoC). the parties, or acquired through or waived, enlarged or
diminished by their act or omission, nor conferred by the
acquiescence of the court. This matter being legislative in
DETERMINED BY THE LAW IN FORCE AT THE TIME
OF THE COMMENCEMENT
character (Mendoza v. Germino, G.R. No. 165676, A: RTC has jurisdiction. Based on the allegations in the
November 22, 2010). complaint, the primary motive of the plaintiff is to get the
TCT. It is a case for specific performance and must be
NOTE: In determining whether or not the court has filed before the RTC which has jurisdiction over actions
jurisdiction over the complaint before it, the court should incapable of pecuniary estimation.
not inquire into the truth of such allegations (Riano, p. 70,
2019). Actions for unlawful detainer
The MTC has exclusive original jurisdiction over unlawful
Evidentiary facts detainer cases. An action for unlawful detainer is one the
Under the current rules, the allegations of the complaint purpose of which is to recover possession of the real
will be based on ultimate facts, i.e., facts which you must property from one who illegally withholds possession after
allege otherwise you will have no cause of action. Under the expiration of his right to hold possession under any
the May 2020 Amendments, they will not be based on contract, express or implied (Riano, p. 119, 2019).
ultimate facts anymore but evidentiary facts, which needs
to be attached to the complaint. Q: The following are the allegations in the complaint:
defendant B leased the premises owned by the lessor
plaintiff A; rent is payable at P30K monthly; rent period is 2
Criterion of first ascertaining the nature of the
years; Beginning the 3rd month, defendant did not pay; on
principal action or remedy sought the seventh month, plaintiff sent a demand letter for the
If it is primarily for the recovery of a sum of money, the defendant to pay P120k and vacate. A filed an unlawful
claim is considered capable of pecuniary estimation, and detainer case within 1-year period. By that time the arrears
whether jurisdiction is in the municipal trial courts or in the went up to 500k. A asked for P500k. B refused to pay and
regional trial courts would depend on the amount of the claimed that the property was inherited from his
claim (Pajares v. Remarkable Laundry, G.R. No. grandmother. What court has jurisdiction?
212690, February 20, 2017).
A: MTC has jurisdiction. Based on the allegations, there is a
a. RTC has jurisdiction demand to pay and vacate. The primary consideration in the
ultimate facts is to recover the possession. The 500k that is
If the value, claim, or demand exceeds P300,000 only a consequence of A’s demand to surrender the
(outside Metro Manila) or exceeds P400,000 premises.
(Metro Manila); or
NOTE: If what is filed is a collection suit of 500k, RTC has
b. MTC has jurisdiction jurisdiction because the primary objective is to collect the
amount of P500k.
If the value, claim, or demand does not exceed
P300,000 (outside Metro Manila) or does not The action is purely for damages
exceed P400,000 (Metro Manila), the MTC has Regional Trial Courts shall exercise exclusive original
jurisdiction. jurisdiction over actions in which the subject of litigation is
incapable of pecuniary estimation; and other cases where
the demand, exclusive of interest, damages, attorney’s fees,
Where money claim is purely incidental litigation expenses and costs, or value of property in
If the basic issue is something other than the right to controversy exceeds P300,000 or P400,000 in Metro Manila
recover a sum of money, where the money claim is purely (Section 19, BP 129 as amended by R.A. 7691).
incidental to, or a consequence of, the principal relief
sought, the SC has considered such actions as cases The exclusion of the term "damages of whatever kind" in
where the subject of litigation may not be estimated in determining the jurisdictional amount applies to cases where
terms of money, and are cognizable exclusively by the damages are merely incidental to or a consequence of
Regional Trial Courts (Pajares v. Remarkable Laundry, the main cause of action. However, in cases where the claim
G.R. No. 212690, February 20, 2017). for damages is the main cause of action, or one of the causes
of action, the amount of such claim shall be considered in
Q: The following are the allegations in the complaint: A determining the jurisdiction of the court (Sante v. Claravall,
bought a land from B amounting to P5M in cash; that G.R. No. 173915, February 22, 2010).
despite the demands for B to turn over the TCT, the latter
refused to surrender the same; that in the event the TCT Hence, the provision excluding “damages of whatever kind”
will not be surrendered, A requests that the deed of applies only if the damages are incidental to the action.
absolute sale be rescinded, the P5M and all other
damages amounting to P10M be paid. The assessed Q: An action purely for damages was filed. Respondent
value of the property is P15,000. What court has prayed that petitioners be held liable to pay moral
jurisdiction? damages in the amount of P300,000.00; P50,000.00 as
exemplary damages; P50,000.00 attorney's fees;
P20,000.00 litigation expenses; and costs of suit or for a
total of P420,000.00. Which court has jurisdiction?
to or interest in real property, it requires that the assessed
A: RTC. Add all damages in the computation if the action value of the property, or if there is none, the estimated value
is primarily one for damages. Here, the total damages thereof, shall be alleged (Barangay Piapi v. Talip, G.R. No.
amounted to P420,000.00, hence it is within the RTC’s 138248, September 07, 2005).
jurisdiction.
Absent any allegation in the complaint of the assessed value
Q: If A filed a case for specific performance and the value of the property, it cannot be determined which between the
of damages is 200k, which court has jurisdiction? RTC or the Municipal Trial Court had original and exclusive
jurisdiction over respondents' action (Heirs of the Late Sps.
Ramiro vs. Sps. Bacaron, G.R. No. 196874, February 06,
A: The RTC has jurisdiction because damages is just a
2019).
consequence of the main cause of action.
In a real action, the assessed value of the property, or if there
Q: If A filed an unlawful detainer case and asked for P1M is none, the estimated value thereof shall be alleged by the
in arrears, which court has jurisdiction? claimant and shall be the basis in computing the fees (Rule
141, Section 7, RoC).
A: MTC has jurisdiction because the main cause of action
is one for recovery of possession of real property. The Jurisdiction of courts based on the assessed value
amount of damages is merely inconsequential to the main If the assessed value or interest in of the real property:
cause of action. 1. Exceeds P20,000.00 (outside Metro Manila) or
exceeds P50,000.00 (Metro Manila), RTC has
The defenses and the evidence do not determine jurisdiction;
jurisdiction
The settled rule is that jurisdiction is based on the 2. Does not exceed P20,000.00 (outside Metro Manila)
allegations in the initiatory pleading. Jurisdiction of a court or does not exceed P50,000.00 (Metro Manila),
cannot be made to depend upon the defenses made by a
MTC has jurisdiction.
defendant in his answer or motion to dismiss (Riano, p.
72, 2019; Indophil Textile Mills v. Adviento, G.R. No. NOTE: Regardless of the assessed value, actions for
171212, August 14, 2014). forcible entry and unlawful detainer of lands or buildings
are always within the jurisdiction of the MTC (BP 129,
Objections to jurisdiction over the subject matter Sec. 19(2)).
GR: The defense of lack of jurisdiction over the subject When the assessed value of the property was not
matter may be raised at any stage of the proceedings, alleged in the complaint but Declaration of Real
even for the first time on appeal. In fact, the court may Property was attached thereto
motu proprio dismiss a complaint at any time when it
appears from the pleadings or the evidence on record that GR: Generally, the court should only look into the facts
lack of jurisdiction exists (Julao v. Sps De Jesus, G.R. alleged in the complaint to determine whether a suit is within
No. 176020, September 29, 2014). its jurisdiction.
Even if the parties did not raise the issue of jurisdiction, XPN: A rigid application of this rule may result in defeating
the reviewing court, on appeal, is not precluded from substantial justice or in prejudice to a party’s substantial
ruling that the lower court had no jurisdiction over the case right.
(Riano, p. 81, 2019).
The SC considered the facts contained in the Declaration of
XPN: Doctrine of Estoppel by Laches Real Property attached to the complaint in determining
whether the RTC had jurisdiction over the petitioner’s case
The Supreme Court applied the Doctrine of Estoppel by (Tumpag v. Tumpag, G.R. No. 199133, September 29,
Laches in the case of Tijam v. Sibonghanoy (G.R. No. L- 2014).
21450). Here, the SC barred a belated objection to
jurisdiction that was raised by a party only when an When the fair market value and not the assessed
adverse decision was rendered by the lower court against value was alleged
it and because it raised the issue only after almost 15 The court can still determine its jurisdiction even if only
years and after seeking affirmative relief from the court the market value is specified. The Rule requires that
and actively participating in all stages of the proceedings. 'the assessed value of the property, or if there is none, the
estimated value thereof, shall be alleged by the
Failure to allege the assessed value in the complaint claimant.’ The court considered the market value as the
What determines jurisdiction is the allegations in the estimated value of the land (Barangay Piapi v. Talip,
complaint and the reliefs prayed for. If the complaint is for G.R. No. 138248, September 07, 2005).
reconveyance of a parcel of land, which involves the title
Doctrine of Judicial Stability
This doctrine is one which precludes the court from
interfering by injunction with the regular orders of a co- GR: If a defendant has not been properly summoned, the
equal court. court acquires no jurisdiction over its person, and a judgment
rendered against it is null and void (Planters Development
NOTE: Based on the ruling of Sps. Aboitiz v. Sps Po, the Bank v. Chandumal, G.R. No. 195619, September 05,
RTC cannot annul the judgment rendered by another RTC 2012).
because they are courts of co-equal jurisdiction. If a party
wants to annul the decision, a petition for annulment under XPN: The defendant’s voluntary appearance in the action
Rule 47 should be filed and the only court that can annul it is shall be equivalent to service of summons.
the CA.
NOTE: The inclusion in a motion to dismiss of other grounds
JURISDICTION OVER THE PARTIES aside from lack of jurisdiction over the person of the
defendant shall be deemed a voluntary appearance (Rule
Jurisdiction over the subject matter v. Jurisdiction 14, Section 23, RoC).
over the parties
EXAMPLE: When Chandumal filed an Urgent Motion to Set
Aside Order of Default and to Admit Attached Answer, she
JURISDICTION OVER JURISDICTION OVER effectively submitted her person to the jurisdiction of the trial
THE SUBJECT MATTER THE PARTIES court as the filing of a pleading where one seeks an
Conferred upon by law Acquired by the filing of affirmative relief is equivalent to service of summons and
and determined by the the petition in case of the vests the trial court with jurisdiction over the defendant s
person (Planters Development Bank v. Chandumal, G.R.
allegations in the plaintiff, or by valid service
No. 195619, September 05, 2012).
complaint and the of summons or voluntary
character of the relief submission to the court’s Effect of death of defendant before and after
sought. authority in case of the summons
defendant.
Q: A filed a case against B. Summons was served upon B.
Cannot be conferred by It can be subject to the will Then B died. Did the court acquire jurisdiction over B?
the agreement of the of the parties.
A: Yes. There will be substitution of parties.
parties, by contract, or by
the parties’ silence or NOTE: If at the time the complaint was filed, B was already
acquiescence. dead, a motion for substitution cannot be filed anymore.
Substitution is proper only when the defendant died during
the pendency of the case. The proper remedy is to amend
Can raise it for the first Cannot raise it for the first the complaint and sue the executor or administrator of the
time on appeal. time on appeal. estate.
EXAMPLE: The trial court did not acquire jurisdiction over

Not waivable. Waivable. the person of Manuel Toledo. Jurisdiction over the person of
a defendant is acquired through a valid service of summons.
There was no valid service of summons to Manuel because
Jurisdiction over the person he was already dead even before the filing of the complaint
Jurisdiction over the parties refers to the power of the court against him and his wife before the trial court (Boston
to make decisions that are binding on persons. It is the legal Equity v. CA, G.R. No. 173946, June 19, 2013).
power of the court to render a personal judgment against a
party to an action or proceeding (Riano, p. 85, 2019). When jurisdiction over the person of the defendant is
required
How jurisdiction over the parties is acquired Action in personam – is an action against a person on the
1. Jurisdiction over the plaintiff basis of his personal liability.
It is acquired as soon as he files his
complaint or petition because by the mere Action in rem – is an action against the thing itself, instead
filing of the complaint, the plaintiff, in a civil of against the person.
action, voluntarily submits himself to the
jurisdiction of the court. Action quasi in rem – is one wherein an individual is
named as defendant and the purpose of the proceeding
2. Jurisdiction over the defendant is to subject his interest therein to the obligation or lien
It is acquired either by his voluntary burdening the property.
appearance in court and his submission to In an action in personam, jurisdiction over the person of
its authority or by service of summons the defendant is necessary for the court to validly try and
(Riano, p. 86, 2019). decide the case. On the other hand, a proceeding in rem
Voluntary appearance of the defendant or quasi in rem, jurisdiction over the person of the
defendant is not a prerequisite to confer jurisdiction on the amounting to lack of evidence leading to an
court provided that the court acquires jurisdiction over the jurisdiction. erroneous judgment.
res (Riano, p. 89, 2019).
NOTE: Summons must be served upon the defendant,

not for the purpose of vesting jurisdiction, but for satisfying Jurisdiction v. Venue
the due process requirements.
JURISDICTION VENUE
Q: P is a Muslim. D is a non-Muslim. The subject property Refers to the authority of Refers to the place where
is located in Mindanao. Does the Sharia Court have the court to hear and the case is to be heard or
jurisdiction? determine a case. tried.
A: No. Sharia courts will have jurisdiction only when the
parties to the case are both Muslims. If one party is not a A matter of substantive A matter of procedural
Muslim, the action must be filed before the regular courts law law
(Municipality of Tangkal v. Balindong, G.R. No.
193340, January 11, 2017). Cannot be waived by the May be waived by the
parties parties
Jurisdiction v. Exercise of jurisdiction
Fixed by law and cannot May be conferred by the
EXERCISE OF be conferred by the act or agreement of the
JURISDICTION parties. parties.
JURISDICTION
Authority of the court Where there is jurisdiction over
The court may dismiss The court may not
to hear and decide a the person and subject matter, motu proprio. dismiss motu proprio the
case the resolution of all other case in case of improper
questions arising in the case is venue.
but an exercise of jurisdiction.
May be raised at any
Objection to an improper
stage of the proceedings
venue must be raised in
NOTE: "Jurisdiction" should be distinguished from the since it is conferred by
the answer.
"exercise of jurisdiction." Jurisdiction refers to the law.
authority to decide a case, not the orders or the decision
rendered therein.
NOTE: Venue in civil actions arising from libel may be
Accordingly, where a court has jurisdiction over the waived since they do not involve a question of jurisdiction.
person and the subject matter, the decision on all In criminal actions, it is fundamental that venue is
questions arising from the case is but an exercise of such jurisdictional, it being an essential element of jurisdiction
jurisdiction. Any error that the court may commit in the (Nocum v. Tan, G.R. No. 145022, September 23, 2005).
exercise of its jurisdiction is merely an error of judgment
which does not affect its authority to decide the case, Q: A filed a case against B in the RTC of Muntinlupa. A lives
much less divest the court of the jurisdiction over the case in Manila, while B lives in Makati. This is a personal action.
(Platinum Tours v. Panlilio, G.R. No. 133365, Is the venue proper? What is the remedy of B?
A: No. The venue in personal actions is where the plaintiff or
any of the principal plaintiff resides, or where the defendant
Error of jurisdiction v. Error of judgment or any of the principal defendant resides, at the election of
the plaintiff. Under the May 2020 amendments, B should
ERROR OF raise it as a matter of affirmative defense in the answer.
ERROR OF JUDGMENT
JURISDICTION
Occurs when the court Presupposes that the The rules on venue are intended to provide convenience to
exercises a jurisdiction not court is vested with the parties, rather than restrict their access to the courts. It
conferred upon it by law. jurisdiction over the simply arranges for the convenient and effective transaction
of business in the courts and do not relate to their power,
subject matter of the
authority, or jurisdiction over the subject matter of the action
action. (Cabrera v. PSA, G.R. No. 241369, June 3, 2019).
When the court, although In the process of

JURISDICTION OF SPECIFIC COURTS
vested with jurisdiction, exercising such
JURISDICITION OF THE SUPREME COURT
acts in excess of its jurisdiction, it committed
jurisdiction or with grave mistakes in the Original jurisdiction
abuse of discretion appreciation of facts and 1. Cases affecting
a. Ambassador; Government, even if the latter does not exercise judicial,
b. Other public ministers, and quasi-judicial or ministerial functions.”
c. Consuls
Concurrent original jurisdiction
2. Petitions for
1. With CA
a. Certiorari
a. Petitions for certiorari, prohibition, and mandamus
b. Mandamus against:
c. Prohibition i. RTCs (B.P. Blg. 129, Sec. 21, par (1));
d. Habeas corpus, and ii. Civil Service Commission (R.A. 7902);
e. Quo Warranto [Sec. 5(1), Art. VIII, iii. Central Board of Assessment Appeals (P.D.
Constitution] 464; B.P. 129; R.A. 7902)
iv. NLRC (St. Martin Funeral Homes v. NLRC,
Parties seeking to question the resolutions of the Office of G.R. No. 130866 (1998); R.A. 7902)
the Ombudsman in criminal cases or non-administrative v. Other Quasi-Judicial Agencies (B.P. 129;
cases, may file an original action for certiorari with the SC, R.A. 7902; Heirs of Hinog v. Melicor, G.R.
not with the CA, when it is believed that the Ombudsman
No. 140954)
acted with grave abuse of discretion (Ombudsman v.
Heirs of Margarita Vda. De Ventura, G.R. No. 151800,
NOTE: Although there is concurrent jurisdiction
citing Estrada v. Desierto, G. R. No. 156160).
as the Constitution grants this to the SC, SC
A.M. No. 07-7-12 issued on 4 December 2007
Exclusive original jurisdiction provides that if the petition involves an act or
1. Petitions for certiorari, prohibition and mandamus omission of a Quasi-Judicial Agency, the
against: petition shall only be cognizable by the CA and
a. Court of Appeals (Sec. 17, R.A. 296); must be filed there.
b. Commission on Elections (Sec 7, Art. IX,
b. Petitions for a Writ of Kalikasan (Rules 7, Section
Constitution);
3, AM No. 09-6-8-SC)
c. Commission on Audit (Sec. 7, Art. IX,
Constitution); 2. With CA and RTC
d. Sandiganbayan (P.D. 1606 as amended); and a. Petitions for certiorari, prohibition and mandamus
e. Court of Tax Appeals (en banc) against lower courts and bodies;
b. Petitions for Quo Warranto; and
2. Disciplinary proceedings against members of the Bar c. Petitions for Writs of Habeas Corpus
and court personnel (Rule 56, Section 1, RoC).
NOTE: This jurisdiction is subject to the doctrine of
The certiorari jurisdiction of the SC has been rigorously hierarchy of courts (Section 9(1), 21(1), B.P. 129).
streamlined, such that Rule 65 only admits cases based
on the specific grounds provided therein. The Rule 3. With RTC in cases affecting ambassadors, public
applies if there is no appeal or any other plain, speedy, ministers and consuls (B.P. 129, Section 21(2)).
and adequate remedy in the ordinary course of law. The
independent action for certiorari will lie only if grave abuse 4. With CA, RTC and Sandiganbayan
of discretion is alleged and proven to exist (Lagua v. CA, a. Petitions for a Writ of Amparo (Section 3, Rule
G.R. No. 173390). on the Writ of Amparo) and
b. Petitions for a Writ of Habeas Data. (Section 3,
In Araullo v. Aquino III (G.R. No. 209287), it was held that
Rule on the Writ of Habeas Data)
petitions for certiorari and prohibition are appropriate
remedies to raise constitutional issues and to review
and/or prohibit or nullify the acts of legislative and Appellate jurisdiction
executive officials. “With respect to the Court, however, The SC shall have the power to review, revise, reverse,
the remedies of certiorari and prohibition are necessarily modify, or affirm on appeal or certiorari, as the law or the
broader in scope and reach, and the writ of certiorari or Rules of Court may provide, final judgments and orders of
prohibition may be issued to correct errors of jurisdiction lower courts in:
committed not only by a tribunal, corporation, board or 1. All cases in which the constitutionality or validity
officer exercising judicial, quasi-judicial or ministerial of any treaty, international or executive
functions but also to set right, undo and restrain any act agreement, law, presidential decree,
of grave abuse of discretion amounting to lack or excess proclamation, order, instruction, ordinance, or
of jurisdiction by any branch or instrumentality of the regulation is in question.
2. All cases involving the legality of any tax, impost, 9. The CA manifestly overlooked certain relevant and
assessment, or toll, or any penalty imposed in undisputed facts that, if properly considered, would
relation thereto. justify a different conclusion;
3. All cases in which the jurisdiction of any lower 10. The findings of the CA are beyond the issues of the
court is in issue. case; or
4. All criminal cases in which the penalty imposed is 11. Such findings are contrary to the admissions of both
reclusion perpetua or higher. parties (Josefa v. Zhandong, G.R. No. 150903).
5. All cases in which only an error or question of law
JURISDICTION OF THE COURT OF APPEALS
is involved (Article VIII, Section 5(2),
Constitution). Exclusive original jurisdiction
Actions for annulment of judgments of the RTC. (BP 129,
By way of petition for review on certiorari (Appeal by Section 9(2); Rule 47, Section 1)
Certiorari under Rule 45) against the following:
1. CA; Concurrent original jurisdiction
2. Sandiganbayan; 1. With SC
3. RTC a. Petitions for certiorari, prohibition, and mandamus
a. Pure questions of law (Sec. 1, Rule 45) and against:
b. Cases falling under Sec. 5, Art. VIII, i. RTC;
Constitution (see above) ii. Civil Service Commission;
4. CTA in its decisions rendered en banc; iii. Central Board of Assessment Appeals;
5. MetC, MTC, MCTC in the exercise of their delegated iv. Other quasi-judicial agencies mentioned in
jurisdiction, where the decision, had it been Rule 43; and
rendered by RTC, would be appealable directly to v. NLRC (St. Martin Funeral Homes v.
the SC (Sec. 34, B.P. 129, as amended) NLRC, G.R. No. 130866)
Only pure questions of law are involved when no evidentiary NOTE: Although there is concurrent jurisdiction as
matters are to be evaluated by the SC. If the only issue is the 1987 Constitution grants this to the SC, SC A.M.
whether or not the conclusions of the trial court are in No. 07-7-12 issued on 4 December 2007 provides
consonance with law and jurisprudence, then the issue is a that if the petition involves an act or omission of a
pure question of law (Urbano v. Chavez, G.R. No. 87977). Quasi-Judicial Agency, the petition shall only be
cognizable by the CA.
NOTE: The SC has held that appeals from quasi-judicial
agencies – even only on a question of law alone – may be b. Petitions for Writ of Kalikasan (Section 3, Rules of
brought to the CA, via Rule 43 of the Rules of Court. This Procedure for Environmental Cases)
constitutes an exception to the general rule that appeals on
pure questions of law are brought to the SC (Santos v. 2. With SC and RTC
Committee on Claims Settlement, G.R. No. 158071).
a. Petitions for certiorari, prohibition and mandamus
The SC may resolve factual issues in certain exceptional against lower courts and bodies;
circumstances: b. Petitions for Quo Warranto; and
1. The conclusion is grounded on speculations, c. Petitions for writs of habeas corpus
surmises or conjectures;
2. The inference is manifestly mistaken, absurd or 3. With SC, RTC and Sandiganbayan
impossible; a. Petitions for a Writ of Amparo (Section 3, Rule
3. There is grave abuse of discretion; on the Writ of Amparo); and
4. The judgment is based on a misapprehension of b. Petitions for Habeas Data (Section 3, Rule on
facts; the Writ of Habeas Data)
5. The findings of fact are conflicting;
6. There is no citation of specific evidence on which Exclusive appellate jurisdiction
the factual findings are based; 1. By Ordinary Appeal
7. The finding of absence of facts is contradicted by a. From judgments of RTC and Family Courts (Sec.
the presence of evidence on record; 9(3), B.P. 129, as amended; Sec. 14, R.A.
8. The findings of the CA are contrary to those of the 8369); and
trial court;
b. Over decisions of the MTCs in cadastral or land
registration cases pursuant to its delegated

jurisdiction (Sec. 34, B.P. 129, as amended by treasurers, assessors, engineers, and
R.A. 7691) other city department heads
iii. Officials of the diplomatic service
2. By Petition for Review occupying the position of consul and higher
a. From judgments of the RTC rendered in its iv. Philippine army and air force colonels,
appellate jurisdiction (B.P. 129, as amended, naval captains, and all officers of higher
Section 22; Rule 42; B.P. 129, Section 9) rank;
v. Officers of the Philippine National Police
b. From decisions, resolutions, orders or awards of while occupying the position of provincial
the Civil Service Commission and other bodies director and those holding the rank of
mentioned in Rule 43 (B.P. 129, Sec. 9(3)); and senior superintendent and higher
vi. City and provincial prosecutors and their
NOTE: The enumeration of quasi-judicial assistants, and officials and prosecutors in
agencies under Section 1, Rule 43 is not the Office of the Ombudsman and special
exclusive (Wong v. Wong, G.R. No. 180364 prosecutor;
(2014), quoting Cayao-Lasam v. Sps. vii. Presidents, directors or trustees, or
Ramolete, G.R. No. 159132). managers of government-owned or
controlled corporations, state universities
c. From decisions of the Office of the Ombudsman or educational institutions or foundations
in administrative disciplinary cases; and b. Members of Congress and officials thereto
classified as Grade 27 and up under R.A. 6758
d. Other bodies mentioned in Rule 43 (BP Blg. 129, c. Members of the Judiciary without prejudice to the
Sec. 9, par. (3)). provisions of the Constitution
d. Chairmen and Members of the Constitutional
JURISDICTION OF SANDIGANBAYAN Commissions without prejudice to the provisions of
the Constitution
Exclusive original jurisdiction e. All other national and local officials classified as
1. Violations of R.A. 3019 or the Anti-Graft and Corrupt
Grade 27 and higher under R.A. 6758.
Practices Act;
4. Other offenses or felonies whether simple or complexed
2. Violations of R.A. 1379 or An Act Declaring Forfeiture with other crimes committed by the public officials and
in Favor of the State Any Property Found to Have employees mentioned in subsection a. of section 4 (as
Been Unlawfully Acquired by Any Public Officer or amended) in relation to their office;
Employee and Providing for the Proceedings 5. Civil and criminal cases filed pursuant to and in
Therefor; connection with E.O. Nos. 1, 2, 14-A; and
3. Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC), 6. Petitions for mandamus, prohibition, certiorari, habeas
where one or more of the principal accused are corpus, injunctions, and other ancillary writs and
occupying the following positions in the government, processes in aid of its appellate jurisdiction, and petitions
whether in a permanent, acting or interim capacity, at of similar nature, including quo warranto, arising or that
the time of the commission of the offense. may arise in cases filed or which may be filed under
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986
a. Officials of the executive branch occupying the (Section 4, P.D. 1606, as amended by R.A. 10660).
positions of regional director and higher,
otherwise classified as Grade 27 and higher, of NOTE: The RTC shall have exclusive original
jurisdiction where the information:
the Compensation and Position Classification Act
1. Does not allege any damage to the government
of 1989 (R.A. 6758), specifically including:
or any bribery; or
i. Provincial governors, vice-governors,
2. Alleges damage to the government or bribery
members of the sangguniang
arising from the same or closely related
panlalawigan, and provincial treasurers,
transactions or acts in an amount not exceeding
assessors, engineers, and other
P1 million (Sec. 4, P.D. 1606, as amended by
provincial department heads
R.A. 10660).
ii. City mayors, vice-mayors, members of
the sangguniang panlungsod, city
Subject to rules promulgated by the SC, the cases falling seeks to the transfer of possession and control of
under the jurisdiction of the RTC shall be tried in a judicial properties
region other than where the official holds office. (Section In Home Guaranty v. R-II Builders (G.R. No. 192649), an
4, P.D. 1606, as amended by R.A. 10660) action that sought the nullification of a Deed of
Assignment and Conveyance was characterized by the
Exclusive original jurisdiction shall be vested in the respondent on an MR before the SC as one involving a
proper RTC, MeTC, MTC, and MCTC, as the case may subject matter incapable of pecuniary estimation. The SC
be, where none of the accused are occupying positions disagreed and held that since the action was not solely for
corresponding to Salary Grade 27 or higher, or military the annulment of the Deed of Assignment and
and PNP officers mentioned above (Section 4, P.D. Conveyance – indeed, the respondent consistently
1606, as amended by R.A. 10660). sought the transfer of possession and control of
properties – following the its ruling in Ruby Shelter
Exclusive appellate jurisdiction Builders and Realty Development Corp. v. Formaran III,
The Sandiganbayan shall exercise exclusive appellate G.R. No. 175914 (2009), the subject of the action was not
jurisdiction over final judgments, resolutions or orders of incapable of pecuniary estimation.
regional trial courts whether in the exercise of their own
original jurisdiction or of their appellate jurisdiction as However, if the principal nature of an action to cancel a
herein provided (Section 4, P.D. 1606, as amended by contract to sell, where the defendant has already taken
R.A. 10660). possession of the property, involves a determination on
whether a suspensive condition has been fulfilled – then
Exclusive original jurisdiction the subject matter involved is one that is incapable of
The Sandiganbayan shall have exclusive original pecuniary estimation.
jurisdiction over petitions for the issuance of the writs of
mandamus, prohibition, certiorari, habeas corpus, In Olivarez Realty v. Castillo (G.R. No. 196251), the action
injunctions, and other ancillary writs and processes in aid instituted in the trial court was one for the cancellation of a
of its appellate jurisdiction and over petitions of similar contract to sell, and prior to the institution of the action the
nature, including quo warranto, arising or that may arise defendant had already proceeded to occupy the property
in cases filed or which may be filed under E.O. 1, 2, 14 involved. In this instance, the SC held that the action involved
and 14-A, issued in 1986: Provided, That the jurisdiction a subject matter that was incapable of pecuniary estimation.
over these petitions shall not be exclusive of the SC (Sec. The difference in the ruling of the SC here and in Home
Guaranty lies in that fact that in Olivarez Realty, what the
4, P.D. 1606, as amended by R.A. 10660).
plaintiff had principally sought was a determination that a
suspensive condition for the perfection of the contract had
Concurrent Original Jurisdiction not been fulfilled: “the trial court principally determined
The Sandiganbayan has concurrent original jurisdiction whether Olivarez Realty Corporation failed to pay
with the SC, CA, and RTC for petitions for writs of amparo installments of the property’s purchase price as the parties
(Sec. 3, Rule on the Writ of Amparo) and habeas data agreed upon in the deed of conditional sale. The principal
(Sec. 3, Rule on the Writ of Habeas Data). nature of Castillo’s action, therefore, is incapable of
pecuniary estimation.”
JURISDICTION OF REGIONAL TRIAL COURTS
In Heirs of Bautista v. Lindo (G.R. No. 208232), it states that
Exclusive original jurisdiction where an action to redeem a land subject of a free patent
1. All civil actions in which the subject of the litigation is was characterized by the SC as one whose subject matter
incapable of pecuniary estimation (Sec. 19(1), B.P. was incapable of pecuniary estimation since the
reacquisition of the land was merely incidental to and an
129, as amended by R.A. 7691).
offshoot of the exercise of the right to redeem the land,
pursuant to Sec. 119 of CA 141.
Test (principal nature of an action): If it is primarily for
the recovery of a sum of money, the claim is considered An expropriation suit is incapable of pecuniary estimation
capable of pecuniary estimation. On the other hand, (Barangay San Roque v. Heirs of Francisco Pastor, G.R.
where the basic issue is something other than the right to No. 138896).
recover a sum of money, and the money claim is purely
incidental to, or a consequence of, the principal relief 2. Civil actions involving title to, or possession of real
sought, such actions are cases where the subject of the property, or any interest therein, where assessed
litigation is incapable of pecuniary estimation (Heirs of value exceeds P20,000 outside Metro Manila, or
Padilla v. Magdua, G.R. No. 176858 (2010), quoting
exceeds P50,000 in Metro Manila [Sec. 19(2), B.P.
Singson v. Isabela Sawmill, G.R. No. L-27343).
129, as amended by R.A. 7691]
An action to nullify a Deed of Assignment and
Conveyance is not one involving a subject matter XPN: Forcible entry and unlawful detainer cases [Sec.
incapable of pecuniary estimation if the plaintiff also 33(2), B.P. 129, as amended by R.A. 7691]
detrimental to interest of public and/or of
An action "involving title to real property" means that the stockholders, partners, members of associations or
plaintiff's cause of action is based on a claim that he owns organizations registered with SEC;
such property or that he has the legal rights to have b. Controversies arising out of intra-corporate or
exclusive control, possession, enjoyment, or disposition partnership relations, between and among
of the same. Title is the "legal link between (1) a person stockholders, members or associates; between any
who owns property and (2) the property itself” (Heirs of
or all of them and corporation, partnership or
Sebe v. Heirs of Sevilla, G.R. No. 174497).
association of which they are stockholders,
3. If the amount involved exceeds P300,000 outside members or associates, respectively; and between
Metro Manila or exceeds P400,000 in Metro Manila in such corporation, partnership or association and the
the following cases (B.P. 129, as amended by R.A. state insofar as it concerns their individual franchise
or right to exist as such entity;
7691):
c. Controversies in election or appointments of
a. Actions in admiralty and maritime jurisdiction,
directors, trustees, officers or managers of such
where the amount refers to demand or claim
corporations, partnerships or associations; and
[Sec. 19(3)]; d. Petitions of corporations, partnerships or
b. Matters of probate (testate or intestate), where associations to be declared in state of suspension
the amount refers to gross value of estate [Sec. of payments in cases where corporation,
19(4)]; and partnership of association possesses sufficient
c. In all other cases where the amount refers to the property to cover all its debts but foresees
demand, exclusive of interest, damages of impossibility of meeting them when they
whatever kind, attorney’s fees, litigation respectively fall due or in cases where corporation,
expenses, and costs [Sec. 19(8)]. partnership or association has no sufficient assets
to cover its liabilities, but is under management of a
4. All actions involving the contract of marriage and Rehabilitation Receiver or Management Committee
family relations [Sec. 19(5), B.P. 129, as amended [Sec. 52, Securities and Regulations Code].
by R.A. 7691], and all civil actions and special
proceedings falling within exclusive original 8. Petitions for declaratory relief [Sec. 1, Rule 63].
jurisdiction of Juvenile and Domestic Relations Court
[Sec. 19(7), B.P. 129, as amended by R.A. 7691] Concurrent original jurisdiction
1. With SC
In cases affecting ambassadors, public ministers and
NOTE: This jurisdiction is deemed modified by Sec. 5,
consuls [Sec. 21(2), B.P. 129; Sec. 5(5), Art. VIII,
R.A. 8369, the law establishing the Family Courts. Constitution];
However, in areas where there are no Family Courts, the
cases within their jurisdiction shall be adjudicated by the 2. With SC and CA
RTC [Sec. 17, R.A. 8369]. a. Petitions for certiorari, prohibition and mandamus
against lower courts and bodies
5. All civil actions and special proceedings falling within
b. Petitions for Quo Warranto;
exclusive original jurisdiction of the Court of Agrarian
c. Petitions for Writs of Habeas Corpus [Sec. 9(1),
Reform [Sec. 19(7), B.P. 129, as amended by R.A.
21(2), B.P. 129; Sec. 5(5), Art. VIII, Constitution].
7691].
3. With SC, CA and Sandiganbayan
6. All cases not within the exclusive jurisdiction of any In Petitions for Writs of Amparo [Sec. 3, Rule on the
court, tribunal, person, or body exercising judicial or Writ of Amparo] and Habeas Data [Sec. 3, Rule on the
quasi-judicial functions [Sec. 19(6), B.P. 129, as Writ of Habeas Data].
amended by R.A. 7691]. This jurisdiction is often
described as the ‘general’ jurisdiction of the RTC Appellate jurisdiction
Appellate jurisdiction over cases decided by lower courts
making it a court of ‘general jurisdiction.’
in their respective territorial jurisdictions, except those
made in the exercise of delegated jurisdiction, which are
7. Intra-corporate controversies appealable in the same manner as decisions of the RTC
a. Cases involving devises or schemes employed [Sec. 34, B.P. 129, as amended].
by or any acts, of board of directors, business
associates, its officers or partnership, amounting Special jurisdiction
to fraud and misrepresentation which may be SC may designate certain branches of RTC to try
exclusively criminal cases, juvenile and domestic
relations cases, agrarian cases, urban land reform cases NOTE: When defendant raises questions of ownership
not falling within the jurisdiction of any quasi-judicial body in his pleadings and the question of possession cannot
and other special cases in the interest of justice [Sec. 23, be resolved without deciding issue of ownership, the
B.P. 129]. latter issue shall be resolved only to determine the
former issue [Sec. 33(2), B.P. 129, as amended by
JURISDICITION OF FAMILY COURTS R.A. 7691].
1. Criminal cases where one or more accused is below 18
3. All civil actions involving title to, or possession of, real
but not less than 9 years old or where one or more
property, or any interest therein where assessed value
victims was a minor at the time of the commission of
of property or interest therein does not exceed P20,000
offense;
outside Metro Manila, or does not exceed P50,000 in
2. Petitions for guardianship, custody of children and
Metro Manila [Sec. 33(3), B.P. 129, as amended by
habeas corpus in relation to children;
R.A. 7691].
3. Petitions for adoption of children and revocation thereof;
4. Complaints for annulment of marriage, declaration of
4. Inclusion and exclusion of voters [Sec. 49, Omnibus
nullity of marriage and those relating to status and
Election Code].
property relations of husband and wife or those living
together under different status and agreements, and Special jurisdiction
petitions for dissolution of conjugal partnership of gains; Special jurisdiction over petition for writ of habeas corpus OR
5. Petitions for support and/or acknowledgment; application for bail in criminal cases in the absence of all RTC
6. Summary judicial proceedings brought under the judges in the province or city [Sec. 35, B.P. 129].
provisions of Family Code;
7. Petitions for: Delegated jurisdiction
Delegated jurisdiction of 1st level courts assigned by SC to
a. Declaration of status of children as abandoned,
hear and decide cadastral and land registration cases
dependent or neglected children covering
b. Voluntary or involuntary commitment of children 1. Lots where there is no controversy or opposition;
c. Suspension, termination or restoration of 2. Contested lots, the value of which does not exceed
parental authority and P100,000. the value is to be ascertained:
d. Other cases cognizable under P.D. 603, E.O. a. By the claimant’s affidavit
56, s. 1986, and other related laws b. By agreement of the respective claimants, if
8. Petitions for constitution of family home there are more than one; or
9. Cases against minors cognizable under Dangerous c. From corresponding tax declaration of the real
Drugs Act, as amended (now R.A. 9165) property
10. Violations of R.A. 7610, or the “Special Protection of
Children Against Child Abuse, Exploitation and MTC decisions in cadastral and land registration cases are
Discrimination Act” and appealable in the same manner as RTC decisions [Sec. 34,
11. Cases of domestic violence against Women and B.P. 129, as amended by R.A. 7691].
Children [Sec. 5, R.A. 8369].
1st level courts
1. Metropolitan Trial Court – in each metropolitan area
JURISDICITION OF THE METROPOLITAN TRIAL
established by law [Sec. 25, B.P. 129], particularly
COURTS, MUNICIPAL TRIAL COURTS IN CITIES,
Metro Manila [Sec. 27, B.P. 129].
MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT
TRIAL COURTS
2. Municipal Trial Courts in Cities – In every city not part of
Exclusive original jurisdiction a metropolitan area [Sec. 29, B.P. 129].
1. Where the value of personal property, estate, or amount
of demand does not exceed P300,000 outside Metro 3. Municipal Circuit Trial Court – in each circuit comprising
Manila or does not exceed P400,000 in Metro Manila, such cities and municipalities grouped together pursuant
exclusive of interest, damages of whatever kind, to law [Sec. 25, B.P. 129].
attorney’s fees, litigation expenses, and costs, in the
following cases: 4. Municipal Trial Courts – in municipalities not
a. Civil actions comprised within a metropolitan area and a municipal
b. Probate proceedings (testate or intestate) circuit [Sec. 30, B.P. 129].
c. Provisional remedies in proper cases [Sec.
33(1), B.P. 129, as amended by R.A. 7691].
2. Forcible entry and unlawful detainer

JURISDICITION OF THE SHARI’A COURTS a. Marriage;
b. Divorce recognized under P.D. 1083;
Exclusive original jurisdiction of Shari’a District c. Betrothal or breach of contract to marry;
Courts d. Customary dowry (mahr);
1. All cases involving custody, guardianship, legitimacy, e. Disposition and distribution of property upon
paternity and filiation arising under the Code of divorce;
Muslim Personal Laws; f. Maintenance and support, and consolatory gifts
2. All cases involving disposition, distribution and (mut’a); and
settlement of estate of deceased Muslims, probate of g. Restitution of marital rights
wills, issuance of letters of administration of 3. All cases involving disputes relative to communal
appointment administrators or executors regardless properties (Article 155, P.D. 1083).
of the nature or aggregate value of the property;
3. Petitions for the declaration of absence and death for The Shari’a District Court or the Shari’a Circuit Court shall
constitute an Agama Arbitration Council (Art. 160, P.D.
the cancellation and correction of entries in the
1083) in cases of divorce by talaq and tafwid (Art. 161, P.D.
Muslim Registries; 1083) and subsequent marriages (Art. 162, P.D. 1083). The
4. All actions arising from the customary contracts in Shari’a Circuit Court may also constitute a council to settle
which the parties are Muslims, if they have not amicably cases involving offenses against customary law
specified which law shall govern their relations; and which can be settled without formal trial (Art. 163, P.D.
1083).
5. All petitions for mandamus, prohibition, injunction,
certiorari, habeas corpus and all other auxiliary writs JURISDICITION OVER CASES BY THE REVISED
and processes in aid of its appellate jurisdiction. [Art. RULES OF PROCEDURE FOR SMALL CLAIMS
143(1), P.D. 1083] CASE, THE REVISED RULES ON SUMMARY
PROCEDURE, AND BARANGAY CONCILIATION
Concurrent jurisdiction of Shari’a District Courts
1. Petitions of Muslim for the constitution of the family Cases covered by the Revised Rules of Procedure for
home, change of name and commitment of an insane Small Claims Cases
person to an asylum The Revised Rules shall govern the procedure in actions
2. All other personal and legal actions not mentioned in before the MeTCs, MTCCs, MTCs and MCTCs for payment
par. (d) of the immediately preceding topic, wherein of money where the value of the claim does not exceed PHP
the parties involved are Muslims 200,000 exclusive of interest and costs (Sec. 2, A.M. No. 08-
Except those for forcible entry and unlawful detainer, 8-7-SC, February 1, 2016)
which shall fall under the exclusive jurisdiction of the
NOTE: The limit has been raised to PHP 300,000, to take
Municipal Circuit Court (now MTC under B.P. 129, as
effect on August 1, 2018 (A.M. No. 08-8-7-SC, July 10,
amended by R.A. 7691]
2018).
3. All special civil actions for interpleader or declaratory
relief wherein the parties are Muslims or the property However, this was superseded in a later resolution,
involved belongs exclusively to Muslims. [Art. 143(2), amending the jurisdictional amount of these courts under
P.D. 1083] Republic Act No. 7691 to PHP 400,000 for the MeTCs and
PHP 300,000 for the MTCCs, MTCs, and MCTCs, exclusive
of interest and costs, to take effect on April 1, 2019 (SC
NOTE: Concurrent with existing civil courts.
Resolution, February 26, 2019).
Appellate jurisdiction of Shari’a District Courts Applicability
Over all cases tried in Shari’a Circuit Courts within their
territorial jurisdiction [Art. 144, P.D. 1083]. All actions which are purely civil in nature, where the claim
or relief prayed for by the plaintiff is solely for payment or
Exclusive original jurisdiction of Shari’a Circuit reimbursement of sum of money.
Courts
1. All cases involving offenses defined and punished under The claim or demand may be:
P.D. 1083 or a Decree to ordain and promulgate a code 1. For money owed under a contract of lease, loan,
recognizing the system of Filipino Muslim Laws, services, sale, or mortgage;
codifying Muslim Personal Laws, and providing for its 2. For liquidated damages arising from contracts; or
administration and for other purposes; 3. The enforcement of a barangay amicable
2. All civil actions and proceedings between parties who settlement or an arbitration award involving a
are Muslims or have been married in accordance with money claim covered by this Rule pursuant to
Article 13, P.D. 1083 involving disputes relating to:
Sec. 417 of the LGC (Sec. 2, A.M. No. 08-8-7- a. A criminal case where the accused is under
SC, February 1, 2016). police custody or detention
b. A petition for habeas corpus by a person
Cases covered by the Rules on Summary Procedure illegally detained or deprived of his liberty or
one acting in his behalf
1. All cases of forcible entry and unlawful detainer, c. Actions coupled with provisional remedies,
irrespective of the amount of damages or unpaid such as preliminary injunction, attachment,
rentals sought to be recovered. However, the replevin and support pendente lite
Attorney’s fees awarded shall not exceed PHP d. Where the action may be barred by the Statute
20,000. of Limitations
2. All other cases, except probate proceedings where
the total amount of the plaintiff‘s claim does not 10. Labor disputes or controversies arising from employer-
employee relationship;
exceed PHP 100,000 (outside Metro Manila) or PHP
11. Where the dispute arises from the CARL; or
200,000 (in Metro Manila), exclusive of interest and
12. Actions to annul judgment upon a compromise which
costs (Sec. 1, Revised Rule on Summary
may be directly filed in court (Supreme Court
Procedure, as amended by A.M. No. 02-11-09-SC).
Administrative Circular No. 14-93).
Cases covered by Barangay Conciliation NOTE: Barangay conciliation is a condition precedent for
filing a case. The failure to comply with a condition precedent
GR: The Lupon of each barangay shall have the authority may be raised as an affirmative defense in an answer under
to bring together the parties actually residing in the same Rule 8, Section 12.
municipality or city for amicable settlement of all disputes.
PAYMENT OF DOCKET FEES
XPNs:
1. Where one party is the government or any subdivision The rule in jurisdiction is that when an action is filed, the filing
or instrumentality thereof; must be accompanied by the payment of the requisite docket
2. Where one party is a public officer or employee, and and filing fees.
the dispute relates to the performance of his official
The fees must be paid because the court acquires
functions; jurisdiction over the case only upon payment of the
3. Offenses punishable by imprisonment exceeding one prescribed fees (Manchester v. CA, G.R. No. 75919, May
(1) year or a fine exceeding P5,000; 7, 1987).
4. Offenses where there is no private offended party;
Payment of the full amount of the docket fees is mandatory
5. Where the dispute involves real properties located in
and jurisdictional. When the complaint is filed and the
different cities or municipalities unless the parties prescribed fees are paid, the action is deemed commenced.
thereto agree to submit their differences to amicable The court acquires jurisdiction over the person of the plaintiff
settlement by an appropriate lupon; and the running of the prescriptive period for the action is
6. Disputes involving parties who actually reside in interrupted.
barangays of different cities or municipalities, except This rule was, however, relaxed by the Supreme Court in
where such barangay units adjoin each other and the some cases in which payment of the fee within a reasonable
parties thereto agree to submit their differences to time, but not beyond the prescriptive period, was permitted.
amicable settlement by an appropriate lupon;
7. Such other classes of disputes which the President While payment of the prescribed docket fees is a
jurisdictional requirement, even its non-payment at the time
may determine in the interest of justice or upon the of filing does not automatically cause the dismissal of the
recommendation of the Secretary of Justice (Sec. case, as long as the fee is paid within the applicable
408, LGC); prescriptive or reglementary period, more so when the party
8. Any complaint by or against corporations, partnerships, involved demonstrates a willingness to abide by the rules
or juridical entities, since only individuals shall be parties prescribing such payment (Proton Pilipinas Corporation
v.. Banque Nationale De Paris).
to barangay conciliation proceedings either as
complainants or respondents (Section 1, Rule VI, NOTE: Even on appeal, the general rule is that payment
Katarungang Pambarangay Rules; also see SC of docket fees within the prescribed period is mandatory
Administrative Circular No. 14-93); for the perfection of the appeal.
9. Disputes where urgent legal action is necessary to
prevent injustice from being committed or further It is not simply the filing of the complaint or appropriate
continued, specifically: initiatory pleading but the payment of the prescribed
docket fee that vests a trial court with jurisdiction over the
subject matter or nature of the action. In resolving the A: The court does not acquire jurisdiction. And therefore,
issue of whether or not the correct amount of docket fees there is no choice but to dismiss it.
were paid, it is also necessary to determine the true
nature of the complaint (The Heirs of the late Sps. Q: When do you apply Sun Insurance?
Ramiro v. Sps. Bacaron, G.R. No. 196874).
A: If there is no deliberate, wilful, and intentional
The Manchester Rule refusal/avoidance/evasion to pay the filing fee, the
insufficiency of payment was brought about without bad faith.
Any defect in the original pleading resulting in
Q: What is the effect?
underpayment of the docket fees cannot be cured by
amendment, such as by the reduction of the claim as, for A: The court acquires jurisdiction. The court should not
all legal purposes, there is no original complaint over dismiss the case. The court will have to issue an order to pay
which the court has acquired jurisdiction (Manchester v. the prescribed filing fee.
CA, G.R. No. 75919, May 7, 1987).
Incorrect assessment by the docket clerk
The Sun Insurance Rule
In the case of Intercontinental BroadCasting Corp. vs.
While the payment of prescribed docket fee is a Hon. Legasto (G.R. No. 169108), the respondent relied on
jurisdictional requirement, even its non-payment at the the assessment made by the docket clerk which turned out
time of filing does not automatically cause the dismissal to be incorrect. The payment of the assessed docket fees,
of the case, as long as the fee is paid within the applicable as assessed, negates any imputation of bad faith or intent to
prescriptive or reglementary period, more so when the defraud the government by the respondent.
party involved demonstrates a willingness to abide by the
rules prescribing such payment. Thus, when insufficient Q: Jordan was unintentionally pushed by Reggie. As a result,
filing fees were initially paid by the plaintiffs and there was Jordan suffered broken legs. He needs to pay P500,000 to
no intention to defraud the government, the Manchester the hospital. He filed before the RTC a case to claim
rule does not apply. P500,000 as damages against Reggie. After a few days,
however, he died in connection with the broken legs. The
The same rule applies to permissive counterclaims, third heirs of Jordan decided to go to the RTC for the additional
party claims and similar pleadings, which shall not be loss of earning capacity. Is there a need to pay an additional
considered filed until and unless the filing fee prescribed filing fee?
therefor is paid. The court may also allow payment of said
A: Yes, the loss of earning capacity is included in assessing
fee within a reasonable time but also in no case beyond the proper filing fee to be paid. Failure to pay additional filing
its applicable prescriptive or reglementary period. fee shall constitute a lien on the judgment.
Where the trial court acquires jurisdiction over a claim by Indigent party
the filing of the appropriate pleading and payment of the
prescribed filing fee but, subsequently, the judgment For purposes of a suit in forma pauperis, an indigent litigant
awards a claim not specified in the pleading, or if specified is not really a pauper, but is properly a person who is an
the same has been left for determination by the court, the indigent although not a public charge, meaning that he has
additional filing fee therefor shall constitute a lien on the no property or income sufficient for his support aside from his
judgment. It shall be the responsibility of the Clerk of labor, even if he is self-supporting when able to work and in
Court or his duly authorized deputy to enforce said lien employment. The term "immediate family" includes those
and assess and collect the additional fee (Sun Insurance members of the same household who are bound together by
v. Asuncion, G.R. No. 79937, February 13, 1989). ties of relationship but does not include those who are living
apart from the particular household of which the individual is
If the plaintiff fails to comply with the jurisdictional a member (Tokio Marine Malaya v. Valdez, G.R. No.
requirement of payment of the docket fees, the defendant 150107 and G.R. No. 150108).
should timely raise the issue of jurisdiction or else he
would be considered in estoppel. (Metropolitan Bank vs. Q: Who is an indigent party?
Perez citing National Steel Corp. v. CA)
A: For a party to be considered by the court to be indigent
Q: When do you apply the Manchester Doctrine? and therefore exempted to pay the filing fee, he or she
must be:
A: If there is a deliberate, wilful, and intentional 1. One whose gross income and that of his
refusal/avoidance/evasion to pay the filing fee immediate family do not exceed the amount
double the monthly minimum wage of an
Q: What is the effect? employee; and
2. Who does not own a real property with a fair 6. Once appeal has been perfected; or
market value of P300,000.
7. Curative statutes.
Q: Pippen is an unemployed person living alone in a
house he owns in Ayala Alabang. He wants to file a case
for collection of sum of money against Jerry. Is Pippen EXAMPLE: X filed a case for collection of P500,000
before the RTC. Three (3) months after filing, and after
exempted to pay the prescribed filing fee?
service of summons, a new law was passed and effected.
A: No. While Pippen met the income criterion, he did not The new law expanded the jurisdiction of the MTC. The
MTC now has jurisdiction of amounts up to P1,000,000.
qualify because of the second criterion. He owns a house
in Ayala Alabang, which is a very expensive
neighborhood. Here, the jurisdiction of the RTC over X’s case will not be
ousted because the new law is not curative in nature.
NOTE: To be considered an indigent party, the two (2) However, where there is a violation of basic constitutional
criteria must be met. Compliance to one does not suffice. rights, courts are ousted from their jurisdiction. The
violation of a party’s right to due process raises a serious
ADHERENCE OF JURISDICTION jurisdictional issue which cannot be glossed over or
disregarded at will. Where the denial of the fundamental
right of due process is apparent, a decision rendered in
Doctrine of Adherence of Jurisdiction
disregard of that right is void for lack of jurisdiction (Apo
GR: Once jurisdiction has attached, it cannot be ousted by Cement v. Mingson Mining, G.R. No. 206728,
subsequent happenings or events, although of a character November 12, 2014).
which would have prevented jurisdiction from attaching in the
first instance. EFFECT OF LACK OF JURISDICTION
Even finality of the judgment does not totally deprive the All acts performed pursuant to it and all claims emanating
court of jurisdiction over the case. What the court loses is the from it have no legal effect. The decision rendered by a court
power to amend, modify or alter the judgment. Even after the without jurisdiction is void and will never attain finality.
judgment has become final, the court retains jurisdiction to Consequently, any writ of execution based on it is also void.
enforce and execute it.
A void judgment or order has no legal and binding effect,
When a court of competent jurisdiction acquires jurisdiction force or efficacy for any purpose. In contemplation of law, it
over the subject matter of a case, its authority continues, is non-existent. Such judgment or order may be resisted in
subject only to the appellate authority, until the matter is any action or proceeding whenever it is involved. It is not
finally and completely disposed of, and that no court of even necessary to take any steps to vacate or avoid a void
coordinate authority is at liberty to interfere with its action judgment or final order; it may simply be ignored.
(Pacific Ace Finance Ltd. v. Yanagisawa, G.R. No.
175303, April 11, 2012). A void judgment is no judgment at all. It cannot be the source
of any right nor the creator of any obligation. All acts
XPNs: performed pursuant to it and all claims emanating from it
1. Where a subsequent statute expressly prohibits have no legal effect (Badillo v. Badillo, G.R. No. 165423,
January 19, 2011).
the continued exercise of jurisdiction;
EXAMPLE: An unlawful detainer case was filed before the
2. Where the law penalizing an act which is RTC. The judge did not dismiss the case for any reason.
punishable is repealed by a subsequent law; Nobody raised the issue of absence of jurisdiction over the
subject matter. Eventually, the plaintiff won. The defendant
3. When accused is deprived of his constitutional changed counsel when the judgment has already attained
right such as where the court fails to provide finality. Plaintiff’s counsel moved for the issuance of writ of
execution to execute the judgment.
counsel for the accused who is unable to obtain
one and does not intelligently waive his Because the court had no jurisdiction, the judgment is
constitutional right; inherently void. The defendant’s counsel can very well
oppose the issuance of a writ of execution. As a general rule,
4. Where the statute expressly provides, or is a writ of execution, as a matter of right, will issue once the
construed to the effect that it is intended to operate decision has already attained finality. However, no writ can
as to actions pending before its enactment; be issued if the judgment is inherently void. The period of
time will never cure that defect.
5. When the proceedings in the court acquiring
jurisdiction is terminated, abandoned or declared The issue on the validity of the judgment can be raised
void; even first time on appeal. However, in Tijam v.
Sibonghanoy (G.R. No. L-21450, July 14, 2008), the and resources would be wasted in defending claims
Supreme Court did not apply this rule because the case against the corporation instead of being directed toward
has been pending for 15 years. It is now barred by the its restructuring and rehabilitation (PAL vs Kurangking
principle on laches. (G.R. No. 146698, September 24, 2002).
RESIDUAL JURISDICTION
The rule is that jurisdiction over the subject matter is
conferred upon the courts exclusively by law, and as the In DBP vs Hon. Carpio (G.R. No. 195450, February 1, 2017),
lack of it affects the very authority of the court to take residual jurisdiction refers to the authority of the trial court to
cognizance of the case, the objection may be raised at issue orders for the protection and preservation of the rights
any stage of the proceedings. However, considering the of the parties which do not involve any matter litigated by the
facts and circumstances of the present case, a party may appeal; to approve compromises; to permit appeals by
indigent litigants; to order execution pending appeal in
be barred by laches from invoking this plea for the first accordance with Section 2, Rule 39; and to allow the
time on appeal for the purpose of annulling everything withdrawal of the appeal, provided these are done prior to
done in the case with the active participation of said party the transmittal of the original record or the record on appeal,
invoking the plea (Tijam v. Sibonghanoy, G.R. No. L- even if the appeal has already been perfected or despite the
21450, July 14, 2008). approval of the record on appeal or in case of a petition for
review under Rule 42, before the CA gives due course to the
petition.
Q: Do you have to file a motion for the court to dismiss
the case on the ground of lack of jurisdiction over the Residual jurisdiction presupposes that even if, technically,
subject matter? the court has already lost its jurisdiction by reason of a notice
of appeal duly approved, such court can still exercise limited
A: No. The court, on its own, can order the dismissal of jurisdiction on matters not subject to the controversy,
provided that the records are still with it.
the case, if based on the allegations of the pleading, the
court does not have jurisdiction over the subject matter. Before the trial court can be said to have residual jurisdiction
An action for the annulment of a void judgment, like the over a case, a trial on the merits must have been conducted;
remedy of appeal, is a statutory right. No party may invoke the court rendered judgment; and the aggrieved party
it unless a law expressly grants the right and identifies the appealed therefrom (DBP v. Hon. Carpio, G.R. No. 195450,
tribunal which has jurisdiction over this action. While a February 1, 2017).
void judgment is no judgment at all in legal contemplation,
Residual jurisdiction exercised by the trial court
any action to challenge it must be done through the
correct remedy and filed before the appropriate tribunal. 1. Issue orders for the protection and preservation of
Procedural remedies and rules of jurisdiction are in place the parties which do not involve any matter litigated
in order to ensure that litigants are able to employ the
by the appeal;
proper legal tools to obtain complete relief from the
tribunal fully equipped to grant it (Imperial v. Hon.
2. Approve compromise agreements by the parties
Armes, G.R. No. 178842, January 30, 2017).
after the judgment has been rendered;
SUSPENDED JURISDICTION
3. Allow appeals of indigent litigants;
In PAL vs Kurangking (G.R. No. 146698, September 24,
2002), the Muslim Filipinos returned to Manila from their 4. Order execution pending appeal in accordance with
pilgrimage abroad. They claim that their luggages were Sec. 2, Rule 39; and
lost by the Philippine Airlines (PAL). They sued PAL
before the RTC for breach of contract. After some time, 5. Allow withdrawal of appeal.
PAL suffered serious business losses as a result of Asian
economic crisis. PAL had to file a petition for rehabilitation
and then was placed under rehabilitation.
NOTE: This must be done prior to the transmittal of the
The RTC definitely has the jurisdiction over the claims of original record to the appellate court in case of ordinary
the passengers but there was an intervening event, which appeal, and until the CA gives due course to the petition, in
suspended the jurisdiction of the trial court and required case of a petition for review.
all the plaintiffs to file their claims before the rehabilitation
court. Q: Why is it important that the records of the case are still
with the trial court to exercise residual jurisdiction?
The reason for suspending actions for claim against the
corporation is to enable the management committee or A: The trial court judge cannot make a ruling if the records
rehabilitation receiver to effectively exercise its/his are not with the trial court anymore.
powers free from any judicial or extrajudicial interference
that might unduly hinder or prevent the 'rescue' of the HIERARCHY OF COURTS
debtor company. To allow such other action to continue
would only add to the burden of the management Concurrent Jurisdiction
committee or rehabilitation receiver, whose time, effort
Rules of Court
It is the power of different courts to take cognizance of the
same subject matter. It is the concurrence of jurisdiction 1. Rules 1 – 71: Rules on Civil Procedure
among several courts which triggers that application of 2. Rules 72 – 109: Rules on Special Proceedings
the doctrine of hierarchy of courts. 3. Rules 110 – 127: Rules on Criminal Procedure
4. Rules 128 – 134: Rules on Evidence
Doctrine of Hierarchy of Courts 5. Rules 135 – 144: Legal Ethics
Where courts have concurrent jurisdiction over a subject NOTE: The Rules of Court promulgated by the Supreme
matter, such concurrence of jurisdiction does not grant the Court constitutes the main source of remedial law in the
party seeking relief the absolute freedom to file a petition Philippines. It is not, however, the only source (Riano, 2016).
in any court of his choice. A case must be filed first before
the lowest court possible having the appropriate Supreme Court has the sole power or authority to issue rules
jurisdiction. of procedure. It has the force and effect of law.
It is applicable to all courts except as otherwise provided by
The doctrine of hierarchy of courts is not an iron-clad rule. the Supreme Court (Rule 1, Section 2).
This court has "full discretionary power to take
cognizance and assume jurisdiction over special civil EXAMPLE: Upon failure to file appellant’s brief, the case
actions for certiorari ... filed directly with it for exceptionally was dismissed. He filed a petition for relief under Rule 38
compelling reasons or if warranted by the nature of the which is a wrong remedy because it is applicable only to RTC
issues clearly and specifically raised in the petition and not to CA. Relief afforded by Rule 38 is not a remedy as
(Mariano vs. Turla, G.R. No. 187094, February 15, a substitute for lost appeal.
2017).
It is true that procedural rules must always be liberally
construed. The Court has the power to relax the application
The doctrine that requires respect for the hierarchy of
of procedural rules or suspend them together in favor of
courts was created by this court to ensure that every level
petitioner’s substantial rights. However, in applying this rule,
of the judiciary performs its designated roles in an
it presupposes the existence of substantive rights in favor of
effective and efficient manner (Mariano vs Turla citing which, the strict application must concede (Redeña v.
Diocese of Bacolod vs. Commission on Elections). Redeña, G.R. No. 146611, February 6, 2007).
The principle of hierarchy of courts requires that NOTE: A motion for extension must be filed before the lapse
resources should be made to the lower courts before they of the period, otherwise there is no more period to extend.
are made to the higher courts. Parties must observe the The reglementary period to appeal had in fact expired almost
hierarchy of courts before they can seek relief from the 10 months prior to the filing of petitioner’s motion for
Supreme Court. extension of time.
NOTE: You have to put the justification for a direct resort to Although it has been said time and again that litigation is
a higher court in the first pages of the pleading; otherwise, not a game of technicalities, that every case must be
the case will be dismissed. This doctrine of hierarchy of prosecuted in accordance with the prescribed procedure
courts guides litigants as to the proper venue of appeals so that issues may be properly presented and justly
and/or the appropriate forum for the issuance of resolved, this does not mean that procedural rules may
extraordinary writs. Thus, although this Court, the CA, and altogether be disregarded. Rules of procedure must be
the RTC have concurrent original jurisdiction over petitions faithfully followed except only when, for persuasive
for certiorari, prohibition, mandamus, quo warranto, and reasons, they may be relaxed to relieve a litigant of an
habeas corpus, parties are directed, as a rule, to file their
injustice commensurate with his failure to comply with the
petitions before the lower-ranked court. Failure to comply is
prescribed procedure. Concomitant to a liberal application
sufficient cause for the dismissal of the petition.
of the rules of procedure should be an effort on the part of
the party invoking liberality to adequately explain his
RULE 1: GENERAL PROVISIONS failure to abide by the rules. In the case at bar, petitioner
has not provided any cogent explanation that would
Substantive law v. Remedial Law absolve him of the consequences of his repeated failure
to abide by the rules (Vda. De Victoria v. CA, G.R. No.
Substantive law is that part of the law which creates, defines 147550, January 26, 2005).
and regulates rights, or which regulates the rights and duties
which give rise to a cause of action; that part of the law which Rules of procedure must always be followed because it is
courts are established to administer; as opposed to adjective designed for orderly administration of justice. The
or remedial law, which prescribes the method of enforcing Supreme Court would only suspend the rules when there
rights or obtains redress for their invasion (Bernabe v. Alejo, is basis for suspension especially when the substantive
G.R. No. 140500, January 21, 2002). aspect of the case is very important. It will not be
suspended if suspension is by failure to abide by the rules
attributable to the negligence of counsel. EXAMPLE: In unlawful detainer case, an answer must be
filed 10 days after receipt of summons but in an ordinary civil
CASES GOVERNED BY THE RULES OF case of accion publiciana, answer may be filed 30 days from
PROCEDURE receipt. Regardless of the assessed value, an unlawful
detainer case must be filed in the MTC because that is what
Civil Action the Rule dictates. In accion publiciana, the assessed value
must be identified to determine which court has jurisdiction
over the case.
A civil action is one by which a party sues another for the
enforcement or protection of a right, or the prevention or
redress of a wrong. A civil action may either be ordinary REAL AND PERSONAL ACTION
or special. Both are governed by the rules for ordinary civil
The distinction between a real action and a personal action
actions, subject to the specific rules prescribed for a
is important for the purpose of determining the venue of the
special civil action. (Rule 1, Section 3(a), RoC) action. Questions involving the propriety or impropriety of a
particular venue are resolved initially by determining the
EXAMPLE: Maria filed a collection suit. Maria have a right nature of an action. It is also important to know which court
to claim so she enforced it through ordinary civil action. has jurisdiction over a complaint. (Riano, 2016).
Criminal Action ACTIONS IN REM, IN PERSONAM, AND QUASI IN

REM
A criminal action is one by which the State prosecutes a These are invoked in relation to Rule 39 (Applicability of
person for an act or omission punishable by law (Rule 1, Judgement).
Section 3(b), RoC). It is a breach of public order.
Action in rem
Special Proceeding
Judgement rendered in this case would be binding against
A special proceeding is a remedy by which a party seeks the whole world.
to establish a status, a right, or a particular fact (Rule 1,
Section 3(c), RoC). There is no enforcement of a right EXAMPLE: Decision rendered in a Cadastral case. Even if
involved. A is not a party in the case, there is a binding effect as to
him.
EXAMPLE: Change of name proceeding; Petition for
guardianship – no enforcement of right, what is sought is Action in personam
to have a person of unsound mind to be declared as such
Refers to personal liabilities of parties; binding only upon
so that a guardian would be appointed over his person or
them, their privies, their assignees, their heirs, and
his property. successors-in-interest but not against the whole world. Its
main purpose is to establish a case against a particular
Ordinary Actions person or a person or property related to him.
There must be real parties with conflicting or adverse EXAMPLE: Action for damages. If A files a case of purely
claims. damages against B, the judgement is only binding upon them
and to their successors-in-interest.
Claim
A right possessed by one against another the moment Action quasi in rem
said claim is filed in court. There is a judgement between parties but it relates with real
properties. Action brought against a particular defendant but
Original Special Civil Action the real motive is to yield a real property or subject property
to certain things.
What differentiates this from an Ordinary Civil Actions is that
they have special rules. EXAMPLE: Foreclosure of property in Makati (house &
lot). It is an action quasi in rem because it involves the
EXAMPLE: Case involving eminent domain wherein the liabilities of parties that would directly relate to a real
government is taking A’s property for road widening. If the property. There is first determination of liability to pay and
government files a complaint and A does not file an answer, such is only between the parties. If defendant is not able
A would not be declared in the default because the Rules do to pay, court will allow plaintiff to foreclose on the
not allow it; but if the case is an ordinary civil case, A would property, which will ultimately serve as payment. It is a
have been declared in default. A might not be able to real action because it involves transfer of ownership and
participate in determining whether it is for public use but once possession, therefore the case must be filed where the
there is an order to expropriate, A may be able to participate property lies (Makati).
in the second phase.
NOTE: The filing of an action to accept payment does not
involve an issue of ownership or possession; what is A: Action in personam because the liability is only
sought is merely to recover the TCT, because at that point among the parties and it is a personal action because
in time, the bank is not yet in possession of the property, ownership and possession has not yet been transferred.
only its title. Therefore it is an action in personam and a
personal action. It is not a real action because it does NOTE: The first case for annulment of deed of absolute
not involve ownership nor possession. Just because you sale executed between Spouse Go and Ching was
have the title does not mean you own the property. initiated by Spouses Muñoz and judgement was rendered
in their favor. Meanwhile, the bank foreclosed the property
Real action v. Action in rem; Personal action v. Action and sold it to Spouses Chan. Spouse Muñoz then filed an
in personam action for forcible entry against Spouses Chan and the
bank, and invoked the decision in the first case. However,
A real action is not the same as an action in rem and a the decision in the first case is not an action in rem but an
personal action is not the same as an action in personam. action in personam therefore it cannot be used to justify
In a personal action, the plaintiff seeks the recovery of or hold the bank liable because the bank was not a party
personal property, the enforcement of a contract or the in the first case (Muñoz v. Yabut, G.R. No. 142676, June
recovery of damages. In a real action, the plaintiff seeks 6, 2011).
the recovery of real property or, as indicated in Section
2(a) of Rule 4, a real action is an action affecting title to NOTE: In the Hernandez ruling, there is no foreclosure yet.
real property or for the recovery of possession or for However, when the case is for cancellation of a real estate
partition or condemnation of, or foreclosure of a mortage mortgage where the bank had already proceeded with the
on, real property. An action in personam is an action foreclosure proceedings because of the cancellation by the
against a person on the basis of his personal liability, respondent of the credit line, the primary objective is to
while an action in rem is an action against the thing itself, recover the property. Hence, because it already involves
instead of against the person. Hence, a real action may at ownership, possession, or any interest therein with respect
the same time be an action in personam and not to the property, venue will have to be dictated by the place
where the property is situated (Go v. UCPB, G.R. No.
necessary an action in rem (Hernandez v. Rural Bank of
156187, November 11, 2004).
Lucena, G.R. No. L-29791, January 10, 1978).
CASES NOT GOVERNED BY THE RULES OF
REAL PERSONAL IN IN
PROCEDURE
REM PERSONAM
Recovery of a Recovery of Action Action on a These Rules shall not apply to election cases, land
real property a personal against person registration, cadastral, naturalization and insolvency
property a thing based on his proceedings, and other cases not herein provided for, except
itself liability by analogy or in a suppletory character and whenever
• Title or Enforcement practicable and convenient (Rule 1, Section 4).
possession, of a contract
• Partition or COMMENCEMENT OF ACTION
A civil action is commenced by the filing of the original
• Condem- complaint in court. If an additional defendant is impleaded in
nation of a a later pleading, the action is commenced with regard to him
property on the dated of the filing of such later pleading, irrespective
• Foreclosure of whether the motion for its admission, if necessary, is
denied by the court (Rule 1, Section 5).
Q: A borrowed money from B and executed a real estate Prescription of actions
mortgage. However, A did not pay. B filed an action for
judicial foreclosure of mortgage. The property was now Q: In a promissory note dated March 1, 2000, A & B are
sold to a bank in an auction sale; the writ of possession borrowers and C is the creditor which involves a joint and
was likewise executed. Meanwhile, A discovered that the solidary obligation. The breach happened on March 5, 2005.
notices requirement was not followed so A filed an action The case was filed on March 30, 2010. Did the action
to annul the foreclosure sale. prescribe?
A: It is a real action because there is already a writ of A: No, the action has not prescribed yet. Prescriptive period
possession; the bank already bought it. Therefore, the is counted from the date of breach.
case must be filed where the property lies.
NOTE: The following are different limitation periods for
Q: In the preceding situation, before the action for filing a civil claim (Articles 1139 to 1155, NCC):
foreclosure can be made, A filed an injunction case to
stop the foreclosure sale. CIVIL CLAIMS OVER PERIOD
Immovable property 30 years the liberal interpretation of the rules must be able to hurdle
8 years from time the heavy burden of proving that they deserve an exceptional
Movable property
possession is lost treatment. (Riano, 2016)
Relating to a real estate 10 years from time
mortgage possession is lost
Based on oral contracts RULE 2: CAUSE OF ACTION
6 years
and quasi-contracts MEANING OF CAUSE OF ACTION
Injury to the rights of the Every ordinary civil action must be based on a cause of
plaintiff, and actions upon 4 years action (Rule 2, Section 1).
a quasi-delict
Forcible entry, detainer, Within 1 year It is the act or omission by which a party violates a right of
and for defamation another (Rule 2, Section 2).
Q: On the same premise, C filed the case on March 1, 2015. Elements of a cause of action (Leg-C-A)
However, C realized that when the case was filed, A did not
have money. So, on March 3, 2015, C filed a motion to admit 1. The legal right of the plaintiff;
amended complaint to implead B. The court admitted the
amended complaint on June 10, 2015. Summons were 2. The correlative obligation of the defendant;
served to B and he raised the issue of prescription. Is B
and
correct?
A: No, B is not correct. Impleaded in a later pleading, the 3. The act or omission of the defendant in
action is commenced with regard to it on the date of the filing violation of the said legal right (Asia
which is March 3, 2015 and is still within the prescriptive Brewery, Inc. vs. Equitable PCI Bank,
period. Even if the resolution of the court is beyond the G.R. No. 190432, April 25, 2017).
prescriptive period, it is still not an action that has prescribed.
Q: If the case was filed on the last day of the prescriptive A single act or omission can be violative of various rights at
period and the defendant received the summons only after 6 the same time but where there is only one delict or wrong,
months from filing, can defendant raise the defense of there is but a single cause of action regardless of the
prescription? number of rights violated. The singleness of a cause of
action lies in the singleness of the delict or wrong violating
A: No, prescription stops upon filing of action, even if the rights of one person (Joseph vs. Bautista, G.R. No. L-
summons was in fact served after the prescriptive period. 41423, February 23, 1989).
Article 1155 of the NCC provides that the prescription of
actions is interrupted when they are filed before the court, Nevertheless, if one injury resulted from several wrongful
when there is a written extrajudicial demand by the creditors, acts, only one cause of action arises. The question as to
and when there is any written acknowledgment of the debt whether a plaintiff has a cause of action is determined by the
by the debtor. averments in the pleadings pertaining to the acts of the
defendant. Whether such acts give him a right of action is
CONSTRUCTION determined by substantive law (Herrera, 2007).
These Rules shall be liberally construed in order to promote
their objective of securing a just, speedy and inexpensive Q. A borrowed money from B and will have to pay the
disposition of every action and proceeding (Rule 1, Section money on or before June 12. B sued A on May 2. Is there a
6). cause of action?
The rule is that courts should not be unduly strict on A: No. The third element is lacking. There is no breach yet
procedural lapses that do not really impair the proper because the action was premature when filed.
administration of justice. The higher objective of procedural
rules is to ensure that the substantive rights of the parties are NOTE: You will know if all the elements are present by
protected (Riano, 2016). reading the complaint.
NOTE: Even if the rules should be liberally construed, parties Cause of action v. Right of action
are not given the right to disregard the same with impunity.
CAUSE OF ACTION RIGHT OF ACTION
GR: Despite the rule on liberal construction, compliance with DEFINITION
the procedural rules is still the general rule. A formal statement of the A remedial right or relief
operative facts that give granted by law to some
XPN: Abandonment thereof should only be done in the most right to such remedial right. persons – the plaintiff
exceptional circumstances and save for the most persuasive
whose rights have been
reasons, strict compliance with the rules is enjoined to
facilitate orderly administration of justice. Parties praying for
violated by the defendant.
AS TO NATURE
The reason for the action or The right to commence and The defendant may file a motion to dismiss based on either
the delict or wrong maintain an action or the of the following grounds:
committed by the defendant remedy or means afforded
in violation of the right of the or the consequent relief. 1. Litis pendentia – If the first action is pending
plaintiff. when the second action is filed; or
AS TO GOVERNING LAW
A matter of statement and is A matter of right and 2. Res judicata – if a final judgment had been
governed by law on depends on the substantive rendered in the first action when the second
procedure. law. action is filed.
A cause of action is not A right of action may be
affected by the running of taken away by the running
the statute of limitations, by of the statute of limitations, NOTE: Litis pendentia and forum shopping have similar
estoppel, or other by estoppel, or other elements, so it is best for the counsel to move for the
circumstances. circumstances. dismissal based on forum shopping instead, and show that
the party or his counsel willfully and deliberately resorted to
Relief forum shopping. This is because the effect is a dismissal with
prejudice, in addition to the sanction for direct contempt as
well as a cause for administrative sanctions.
The redress, protection, award, or coercive measure
which the plaintiff prays the court to render in his favor as In litis pendentia, it need not be the second action filed that
consequence of the delict committed by the defendant. should be dismissed. As to which action should be dismissed
would depend upon judicial discretion and the prevailing
NOTE: A party may not institute more than one suit for a circumstances of the case.
single cause of action (Rule 2, Section 3).
Q. A executed a promissory note in favor of B and he did
SPLITTING OF A SINGLE CAUSE OF ACTION AND not pay. B sued A for collection of 1M pesos by way of
ITS EFFECTS actual damages, another 1M for mental anguish and
sleepless nights, 1M exemplary damages, and attorney’s
Splitting of cause of action fees in the amount of 1M. How many cause/causes of
action is/are there?
It is the act of instituting two or more suits on the basis of
the same cause of action (Rule 2, Section 4). A: There is one cause of action. The mentioned causes
of action arose out of one cause of action – A’s failure to
Prohibition against splitting a single cause of action pay.
1. Breeds Multiplicity of suits; Q. A borrowed money from B and executed two

promissory notes in favor of B. A did not pay. Can B
2. Leads to Vexatious litigation; institute two separate complaints?
3. Clogs the court dockets; A: Yes. B can institute two separate complaint because B
have two causes of action. Joinder of cause of action is
4. Operates as an instrument of permissive.
Harassment; and
Q: A borrowed money from B and executed a promissory
5. Generates unnecessary Expenses to the note in her favor. B required A to execute a real estate
parties. mortgage. A failed to pay so B sued her for collection. If B
also sued her for judicial foreclosure, is B splitting causes
of action?
Effect of splitting a cause of action
A: Yes. When B filed a collection case against A, it will be
If two or more suits are instituted on the basis of the same a determination of whether or not A breached the
cause of action, the filing of one or a judgment on the promissory note and before B can foreclose the mortgage
merits in any one is available as a ground for the dismissal it is necessary that there is a finding that A breached the
of the others (Rule 2, Section 4). promissory note.
NOTE: You cannot split a cause of action but you can join Q: A borrowed 10 million pesos from B which the latter
causes of action. should pay on annual equal installments of 2 million. A
paid the first installment but did not pay the second. After
Remedies against splitting causes of action A did not pay the second installment, B demanded
payment from A but still failed to pay. B sued A
notwithstanding the fact that the three other installments NOTE: A joinder of causes of action is only permissive, not
have not yet matured. Will the case prosper? compulsory; hence, a party may desire to file a single suit
for each of his claims.
A: Yes, there is already a breach.
Splitting of cause of action v. Joinder of causes of
Q: What if on the third year that A was supposed to pay still action
he did not pay. Can B file a separate case?
SPLITTING OF CAUSE JOINDER OF CAUSES
A: Yes. At the time she filed the first case, there is no breach OF ACTION OF ACTION
yet on the third installment and the third installment
AS TO NUMBER OF CAUSES OF ACTION
happened after the case on the second installment has been
There is a single cause of Contemplates several
filed. Thus, there is a different cause of action.
action. causes of action.
Q: What can be a scenario when A did not pay the second AS TO ALLOWANCE BY THE RULES
installment but the 3rd, 4th, and 5th installment were already Prohibited Encouraged
made part of the complaint? AS TO EFFECT
It breeds multiplicity of It minimizes multiplicity of
A: When there is an acceleration clause wherein a default suits, leads to vexatious suits and inconvenience
of one renders all installments due and demandable. litigation, operates as an on the parties.
instrument of harassment
JOINDER AND MISJOINDER OF CAUSES OF and, generates
ACTION unnecessary expenses to
the parties.
Joinder of causes of action
Misjoinder of causes of action
It is the assertion of as many causes of action a party may
have against another in one pleading alone (Rule 2, Section When there is a misjoinder of causes of action, the
5). erroneously joined cause of action can be severed and
proceeded with separately upon motion by a party or upon
Requisites of joinder of causes of action the court’s own initiative. Misjoinder is not a ground for the
dismissal of an action.
1. The party shall comply with the rules on joinder of
parties (Rule 3, Section 6); Example: unlawful detainer case may NOT be joined with an
action for collection of sum of money.
2. The joinder shall not include special civil actions
SPLITTING JOINDER MISJOINDER NON-
governed by special rules;
JOINDER
3. Where the causes of action are between the same There is a Several Wrongfully A cause of
single cause causes of joined causes action not
parties but pertain to different venues or jurisdictions, of action actions of actions included in
the joinder may be allowed in the RTC provided one split into two combined the
of the causes of action falls within the jurisdiction of or more. complaint
said court and venue lies therein; and Prohibited Encou- Not a ground for dismissal
raged
4. Totality Test – Where claims in all causes of action Results into Minimizes
are principally for recovery of money, the aggregate multiple multiple
amount claimed shall be the test of jurisdiction (Rule suits suits
2, Section 5). May be
dismissed
due to litis
pendencia
Totality Rule or res
judicata
When there are several claims or causes of actions
between the same or different parties embodied in the
same complaint, the amount of the demand shall be the Failure of Cause of Action v Lack of Cause of Action
totality of the claims in all causes of action, irrespective of
whether the causes of action arose out of the same or Failure to state a cause of action and lack of cause of
different transaction. action are really different from each other. On the one
hand, failure to state a cause of action refers to the
insufficiency of the pleading, and is a ground for dismissal
under Rule 16 of the Rule of Court. On the other hand,
lack of cause of action refers to a situation where the
evidence does not prove the cause of action alleged in the The plaintiff is the claiming party or more appropriately, the
pleading (Lourdes Suites v. Binaro, G.R. No. 204729, original claiming party and is the one who files the complaint.
August 6, 2014). The term, does not exclusively apply to the original plaintiff.
It may also apply to a defendant who files a counterclaim, a
A cause of action is a formal statement of the operative cross-claim or a third party complaint.
facts that give rise to remedial right. The question of
whether the complaint states a cause of action is “Plaintiff” may refer to the claiming party, the counter-
determined by its averments regarding the acts claimant, the cross-claimant or the third (fourth, etc.)-party
plaintiff
committed by the defendant. Thus it “must contain a
concise statement of the ultimate or essential facts
The defendant does not only refer to the original defending
constituting the plaintiff’s cause of action.” Failure to make party. If a counterclaim is filed against the original plaintiff,
a sufficient allegation of a cause of action in the complaint the latter becomes a defendant and the former, a plaintiff in
“warrants its dismissal” (Samson v. Spouses Gabor, the counterclaim.
G.R. No. 182970, July 23, 2014).
“Defendant” refers also to a defendant in a counterclaim, the
The validity of a judgment or order of the court, which has cross-defendant, or the third (fourth, etc.)- party defendant
become final and executory, may be attacked only by a (Riano, 2016).
direct action or proceeding to annul the same, or by
motion in another case if, in the latter case, the court had Only the following may be parties to a civil action:
no jurisdiction to enter the order or pronounce the
judgment. The first proceeding is a direct attack against 1. Natural persons,
the order or judgment, because it is not incidental to, but 2. Juridical persons, and
is the main object of, the proceeding. The other one is the 3. Entities authorized by law
collateral attack, in which the purpose of the proceedings
is to obtain some relief, other than the vacation or setting Juridical persons as parties
aside of the judgment, and the attack is only an incident.
A third manner is by a petition for relief from judgment Art. 44 of the Civil Code enumerates the juridical persons
order as authorized by the statutes or by the rules, such who may be parties to a civil action:
as those expressly provided in Rule 38, but in this case it
is to be noted that the relief is granted by express statutory 1. The State and its political subdivisions;
authority in the same action or proceeding in which the 2. Other corporations, institutions and entities for
judgment or order was entered (Agustin v Bacalan, G.R. public interest or purpose, created by law; and
No. L-46000 March 18, 1985). 3. Corporations, partnerships and associations for
private interest or purpose to which the law grants a
Where the claims in all the causes of action are principally juridical personality, separate and distinct from that
for recovery of money, the aggregate amount claimed shall
of each shareholder, partner or member.
be the test of jurisdiction (Sec. 5 (d), Rule 2) (Pantranco v.
Buncan, G.R. No. 1406, March 16, 2005).
NOTE: One need not be a natural or a juridical person to be
A cause of action may be single although the plaintiff seeks a party to a civil action. As long as an entity is authorized by
a variety of remedies. If the allegations of the complaint show law to be a party, such entity may sue or be sued or both.
one primary right and one wrong, only one case of action is
alleged even though other matters are incidentally involved Examples:
(Sps. Decena v. Sps. Piquero, G.R. No. 155736, March 31, 1. A dissolved corporation may prosecute and defend
2005). suits by or against it provided that the suits (a) occur
within three (3) years after its dissolution, and (b) the
In case of a loan secured by a mortgage, the creditor has a suits are in connection with the settlement and
single cause of action against the debtor – the recovery of closure of its affairs (Sec. 122, Corporation Code
the credit with execution upon the security. The creditor
of the Philippines).
cannot split his single cause of action by filing a complaint on
the loan, and thereafter another separate complaint for 2. The estate of a deceased person is a juridical entity
foreclosure of the mortgage (Central Visayas Finance that has a personality of its own (Nazareno v. Court
Corporation vs. Sps. Adlawan, G.R. No. 212674, March of Appeals, G.R. No. 138842 October 18, 2000).
25, 2019). 3. A corporation by estoppel is precluded from denying
its existence and the members thereof can be sued
RULE 3: PARTIES TO CIVIL ACTION and be held liable as general partners (Sec. 21,
SECTION 1: WHO MAY BE PARTIES Corporation Code of the Philippines).
Parties to a civil action

SECTION 2: PARTIES IN INTEREST
GR: Husband and wife shall sue or be sued jointly.
Real party in interest is the party who stands to be
benefited or injured by the judgment in the suit, or the XPN:
party entitled to the avails of the suit. 1. A spouse without just cause abandons the
other or fails to comply with his or her
The interest must be “real,” which is a present substantial obligation to the family with respect to the
interest as distinguished from a mere expectancy or a
marital, parental, or property relations
future, contingent subordinate or consequential interest
(Rayo v. Metrobank, G.R. No. 165142, December 10, (Article 101 and 108, Family Code).
2007). It is an interest that is material and direct, as 2. A spouse may mortgage, encumber,
distinguished from a mere incidental interest (Dagadag v. alienate, or dispose of his or her exclusive
Tongnawa, G.R. NOS. 161166-67. February 03, 2005). property and appear alone in court to litigate
(Article 111, Family Code).
Only parties who are natural and juridical are allowed to 3. Separation of property governs the property
be real parties in interest. Incorporated persons or those relations of the spouses (Article 145, Family
who represent themselves as corporations cannot sue Code).
because they do not have the capacity to sue and to act.
However, they can be sued. In this case, they represented SECTION 5: MINOR OR INCOMPETENT PERSONS
themselves as a duly corporate entity, however, they were
not able to incorporate themselves. In this case, the A minor or incompetent may sue or be sued with the
principle of laches is applied (Chiang kai Shek School v. assistance of his father, mother, guardian, or guardian ad
CA, GR No. 58028, April 18, 1989). litem (Rule 3, Section 5, RoC).
SECTION 6: PERMISSIVE JOINDER OF PARTIES

SECTION 3: REPRESENTATIVES AS PARTIES
Requisites of Permissive Joinder:
Some actions may be allowed to be prosecuted or
defended by a representative or someone acting in a 1. The right to relief arises out of the same transaction
fiduciary capacity like a trustee of an express trust, a or series of transactions.
guardian, an executor or administrator, or a party
2. There is a question of law or fact common to all the
authorized by law or by the Rules.
plaintiffs and defendants.
The exception when an agent may sue or be sued 3. Such joinder is not otherwise proscribed by the
without joining the principal: provisions of the Rules on jurisdiction (1 Regalado).
An agent acting in his own name and for the benefit of an Series of Transactions means separate dealing with the
undisclosed principal may sue or be sued without joining parties but all of which dealing are directly connected with
the principal except when the contract involves things the same type of subject matter of the suit (1 Regalado).
belonging to the principal.
Q: A borrowed from B, D also from B 100,000 then borrowed
E borrowed also from B 200,000. Can B sue them in a single
Thus an agent may sue or be sued solely in its own
action?
name and without joining the principal when the
following elements concur: A: NO. It cannot be joined. It aroused from different
transactions. It did not arise from the same series of
1. The agent acted in his own name during the transactions nor involves a common question of fact or law.
transaction;
2. The agent acted for the benefit of an undisclosed But if it is multiple debtors, for example A borrowed money
principal; and from B in different situations, then B can sue her in a single
action.
3. The transaction did not involve the property of the
principal. Q: A was driving her car in front of B when the latter
accidentally hit her car. The reason for such is that there was
When these elements are present, the agent becomes a truck behind B whose driver lost control. A incurred
bound as if the transaction were its own (V-gent, Inc., v. damages in the amount of P6,000. Can A sue B and the
Morning Star Travel and Tours, Inc., G.R. No. 186305, driver of the truck in one complaint?
July 22, 2015).
A: YES. It arose from the same transaction which is the
SECTION 4: SPOUSES AS PARTIES vehicular collision.
SECTION 7: COMPULSORY JOINDER OF A necessary party is one who is not indispensable but who
INDISPENSABLE PARTIES ought to be joined as a party if complete relief is to be
accorded as to those already parties, or for a complete
Indispensable parties are those with such an interest in determination or settlement of the claim subject of the action
the controversy that a final decree would necessarily (Rule 3, Section 8, RoC).
affect their rights so that courts cannot proceed without
their presence. Indispensable party v Necessary Party
Effect of failure to join an indispensable party: INDISPENSABLE NECESSARY

AS TO DEFINITION
The judgment of the court cannot attain real finality (Valdez- Those who are not
Tallorin v Heirs of Tarona, G.R. 177449, November 24, indispensable but ought to be
2009). The absence of an indispensable party renders all joined as parties if complete
subsequent actions of the court null and void for want of
Those with whom no final
relief is to be accorded as to
authority to act, not only as to the absent parties but even as determination can be had
those already parties or for a
to those present (Bacalso v Padigos, G.R. No. 173192, of action
complete determination or
April 18, 2008). settlement of the claim
subject of the action
NOTE: However, an outright dismissal is NOT the immediate AS TO EFFECT ON JUDGMENT IF NOT IMPLEADED
remedy authorized because, under the Rules,
Even if not included in the
misjoinder/nonjoinder of parties is NOT a ground for
dismissal. ft is when the order of the court to implead an
The court cannot proceed suit, the case may be finally
indispensable party goes unheeded may the case be without him and any determined in court, but the
dismissed, In such case, the court may dismiss the complaint judgement would be null judgment therein will not
due to the fault of the plaintiff as when he does not comply and void. resolve the whole
with any order of the court such as an order to join controversy.
indispensable parties (Sec. 3, Rule 17) [Riano. 2014, citing AS TO EFFECT OF FAILURE TO OBEY COURT
Plasabas v. CA, C.R. No. 166519, March 31, 2009). ORDER TO IMPLEAD THE PARTY
Failure to comply with the
Failure to comply with the
Remedy of the counsel of the defendant if the plaintiff order of the court to include a
order of the court to
failed to implead the indispensable party upon the necessary party, without
implead an indispensable
order of the court: justifiable cause, shall be
party warrants the
deemed a waiver of the claim
dismissal of the complaint.
File a Motion to Dismiss due to the fault of the plaintiff under against such part.
Section 3 of Rule 17 (as a disobedient party).
Q: Is a guarantor a necessary or indispensable
Tests to determine whether a party is an party? What about a continuing surety?
indispensable party:
A: A guarantor is a necessary party because there could still
1. Can the relief be afforded to the plaintiff without the be a complete relief even without him joining the case.
presence of the other party?
2. Can the case be decided on its merits without prejudicing In a continuing surety, you can sue either of the surety or the
the rights of the other party? (Rep. v. Sandiganbayan, C.R. principal since the liability of a surety and the principal-party
No. 152154, July 15, 2003) is a solidary liability. It is still a necessary party, since in the
event that one of the parties cannot pay she could demand
How do you implead: from the other to pay.
1. File an amended complaint. Q: A, B, C, and D co-owned a land. X, the tenant did not
2. Must show a cause of action. pay despite notice. D alone sued X for unlawful detainer.
X filed a motion to implead the other co-owners. If you
Q: Is it always the case that upon death of the parties, were the judge, would you grant or deny the motion?
the heirs should be impleaded?
A: Deny. As co-owner as long as it would benefit the co-
A: NO. It depends. If it is a personal action, if the death ownership, D can sue alone and there is no need to implead
happened before the filing of the case, the case is the other co-owners.
extinguished, thus no need to implead the heir. If it is an
action which survives after death, then there is a need to Impleading co-owners:
implead the heirs.
Q: Whether or not the petitioners need to implead
SECTION 8: NECESSARY PARTY their co-owners as parties?
A: NO. Article 487 of the Civil Code, which provides that any The failure to comply with the order of the court to
one of the co-owners may bring an action for ejectment, include a necessary party, without justifiable cause, shall
covers all kinds of actions for the recovery of possession, be deemed a waiver of the claim against such party
including an accion publiciana and accion reivindicatoria. (Rule 3, Section 9, RoC).
Thus, a co-owner may file a suit without necessarily joining
the other co-owners as co-plaintiffs because the suit is Effect of a justified non-inclusion of a necessary party
deemed to be instituted for the benefit of all. However, if the
judgment is adverse, the same cannot prejudice the rights of
The non-inclusion of a necessary party does not prevent
the unimpleaded co- owners.
the court from proceeding in the action, and the judgment
XPN: when the action is for the benefit of the plaintiff alone
rendered therein shall be without prejudice to the rights of
who claims to be the sole owner (Nieves Plasabas and such necessary party (Rule 3, Section 9 RoC; Agro
Marcis Malazarte v CA, Dominador Lumen, G.R. NO. Conglomerates, Inc. v. Court of Appeals, 348 SCRA
166519, March 31, 2009). 450, 460; Hemedez v. Court, 316 SCRA 347, 375).
Q: A, B, C, D are siblings. The mother donated the land SECTION 10: UNWILLING CO-PLAINTIFF
to D, only for the reason he was employed and could
receive benefits from the SSS. The mother really intends Unwilling co-plaintiff is a party who is supposed to be a
to give the property to the siblings as co-owners. When plaintiff but whose consent to be joined as a plaintiff cannot
the mother died, D claimed ownership of the whole be obtained as when he refuses to be a party to the action
property. C wanted to implead A & B in suing D, should (Riano, 2016).
they be impleaded?
Under Sec. 10 of Rule 3, said unwilling co-plaintiff:
A: YES. Both A & B are indispensable parties with respect to
their share of the property. C is only suing for her respective (a) may be made a defendant, and
share of the property, thus a need to also implead A & B. (b) the reason therefor shall be stated in the complaint
(Riano, 2016).
Q: Husband and wife own a property. Both of them
mortgaged the property as collateral to the debt they Q: Co-owners of a property. A, B, wanted to sue X but C
incurred. It was only the wife who was sued for judicial does not. What would the title of the case be?
foreclosure of the mortgage. Is the husband an
indispensable if the debt is a surety only? A: A and B, plaintiff v X, defendant and C, unwilling plaintiff
A: YES. The case is judicial foreclosure which is a quasi in SECTION 11: MISJOINDER AND NON-JOINDER OF
rem. It is directed against them and the property as co-owned PARTIES
by them. He must be impleaded because of the real estate
mortgage he also executed. Neither misjoinder nor non-joinder of parties is ground for
dismissal of an action. Parties may be dropped or added by
SECTION 9: NON-JOINDER OF NECESSARY order of the court on motion of any party or on its own
PARTIES TO BE PLEADED initiative at any stage of the action and on such terms as are
just. Any claim against a misjoined party may be severed and
Duty of the pleader whenever a Necessary Party is proceeded with separately (Rule 3, Section 11, RoC).
Not Joined:
Misjoinder vs. Non-joinder
1. Set forth the name of the necessary party, if known;
and MISJOINDER OR NON-JOINDER OF
2. State why such party is omitted (Rule 3, Section 9, PARTIES PARTIES
RoC). A party is misjoined when A party is not joined when
he is made a party to the he is supposed to be
When court may order joinder of a necessary party: action although he should joined but is not
not be impleaded. impleaded in the action.
If the reason given for the non-joinder of the necessary
party is found by the court to be unmeritorious, it may
order the pleader to join the omitted party if jurisdiction Misjoined parties may be dropped motu proprio by
over his person may be obtained (Rule 3, Section 9, the court
RoC).
The dropping of misjoined parties from the complaint may
be done motu proprio by the court, at any stage, without
Effect of failure to comply with the order of the need for a motion to such effect from the adverse
court: party. Section 11, Rule 3 indicates that the misjoinder of
parties, while erroneous, may be corrected with ease 1. The subject matter of controversy is one of common or
through amendment, without further hindrance to the general interest to many persons;
prosecution of the suit (Chua vs. Torres G.R. NO. 2. The parties affected are so numerous that it is
151900 August 30, 2005). impracticable to bring them all to court;
3. The parties bringing the class suit are sufficiently
Remedy in cases of non-joinder of indispensable numerous or representative of the class and can fully
parties
protect the interests of all concerned; and
The remedy of the defendant is to file a motion to implead 4. The representatives sue or defend for the benefit of all
the non-party claimed to be indispensable. If the motion is (Sulo ng Bayan, Inc. v. Araneta, 72 SCRA 347).
granted, the court will order the plaintiff to amend his/her  
complaint to include the indispensable party (Divinagracia Commonality of Interest in the Subject Matter
vs. Parilla, et al., G.R. No. 196750, March 11, 2015).
A class suit does not require a commonality of interest in the
Effect of failure/refusal of the plaintiff to implead an questions involved in the suit. What is required by the Rules
indispensable party is a common or general interest in the subject matter of the
litigation. The ‘subject matter’ of the action is meant the
If the plaintiff refuses to implead an indispensable party physical, the things real or personal, the money, lands,
despite the order of the court, a motion to dismiss chattels, and the like, in relation to the suit which is
pursuant to Rule 17, Sec. 3 may be filed on the ground of prosecuted and not the delict or wrong committed by the
failure to comply with the order of the court (Domingo vs. defendant. It is not also a common question of law that
Scheer, G.R. No. 154745, January 29, 2004). sustains a class suit but a common interest in the subject
matter of the controversy (Mathay v. Consolidated Bank &
Q: What if the party sought to be included is only a Trust Co., 58 SCRA 559, 571).
necessary party and not an indispensable party, can
NOTE: If the class suit is not proper, the remedy of the
the case be also dismissed for failure to comply with
parties is either to bring suit individually, or join them all as
the court’s orders?
parties under the rule on permissive joinder of parties.
A: No. The failure to comply with the order of the court to
SECTION 13:
include a necessary party, without justifiable cause, shall
ALTERNATIVE DEFENDANTS
be deemed a waiver of the claim against such party. The
non-inclusion of a necessary party does not prevent the Q: M (the consignee) bought masks in the US. The
court from proceeding in the action, and the judgment masks will be loaded to the ship. It will be unloaded by
rendered therein shall be without prejudice to the rights of another company that will deliver the masks to the
such necessary party (Rule 3, Section 9, RoC). delivery truck and the latter will deliver it to different
entities. What if I ordered 10,000 but I only received 5,000
SECTION 12: CLASS SUIT masks. Who can M sue?
When the subject matter of the controversy is one of A: M can sue all of them even if the right of relief is different.
common or general interest to many persons so M can sue the seller on the ground of breach of contract. M
numerous that it is impracticable to join all as parties, a can sue the ship on the ground of contract of carriage while
number of them which the court finds to be sufficiently the other companies will be based on tort. M does not have
numerous and representative as to fully protect the to initiate one suit against one party only. All of these
interests of all concerned may sue or defend for the complaints can be heard.
benefit of all. Any party in interest shall have the right to
intervene to protect his individual interest (Rule 3, EXAMPLE: A person sues a principal and an agent together.
Section 12, RoC). There is an application of an alternative defendant.
It is an action where one or some of the parties may sue SECTION 14:
for the benefit of all if the requisites for said action are UNKNOWN IDENTITY OR NAME OF DEFENDANT
complied with (Riano, 2014).
Requisites: (D-U)
An action does not become a class suit merely because it
1. There is a Defendant
is designated as such in the pleadings. Whether the suit
is or is not a class suit depends upon the attendant facts 2. The defendant is Unknown
(Mathay v. Consolidated Bank & Trust Company, 58
SCRA 559). Use of a fictitious name
Elements The plaintiff can use a fictitious name because of the

ignorance of the defendant’s true name. But he must have
an identifying description (unknown owner, heir, devisee, Death always has an effect on a case.
or other designations). Then amend the pleading once the
name of the unknown defendant has been discovered. Actions that survive death: (R-E-D)
Unknown identity, serving summons 1. Recovery of property

2. Enforcement of a lien on the property
Q: Pedro went to Boracay through a boat, but he does 3. Damages, money claims (express or implied)
not know the owner of the boat. During the trip, one of
the heirs of Pedro died. The suit was titled Pedro Cruz
Test to determine whether an action survives the
vs. the unknown owner MV Lulubog-Lilitaw. How will the
death of a party
court acquire jurisdiction over the defendant?
The question as to whether an action survives or not
A: Under Rule 14, Section 16 (Service upon defendant
depends on the nature of the action and the damage sued
whose identity or whereabouts are unknown), formerly Rule
for (Cruz v. Cruz, GR No. 173292, September 1, 2010).
14, Section 14, the summons may be served through
publication to acquire jurisdiction over the unknown
In a cause of action that survives, the wrong complained of
defendant. Once the unknown defendant files an A to the
complaint, he will be disclosing his name. After that, you can primarily and principally affects property and property rights,
now move for the amendment of your complaint so that it will the injuries to the person being merely incidental.
now reflect the name of the defendant.
In a cause of action that does not survive, the injury
complained of is to the person, the property and rights of
SECTION 15: property affected being incidental.
ENTITY WITHOUT JURIDICAL PERSONALITY AS
DEFENDANT NOTE: This rule is applicable regardless of whether it is the
plaintiff or the defendant who dies, or whether the case is in
A person who is not a juridical entity can be sued but they the trial or in the appellate courts (Jardeleza v. Sps.
cannot sue. Jardeleza, GR No. 167975, June 11, 2015).
Q: Pedro and Juan, not organized as an entity, but doing
Actions that survive death v Actions that dies not
business under the name X company. Can they sue
survive death
under the name of X company? How do you serve
summons to Pedro and Juan?
CLAIMS THAT DO NOT
CLAIMS THAT SURVIVE
A: They cannot sue as X company because they do not have SURVIVE
the juridical personality if they are unorganized. Meanwhile, 1. Recovery of contractual
1. Purely Personal (e.g.
the summons must be served pursuant to Rule 14, Section money /claims (oral or
7 or Service upon entity without juridical personality. “Service Legal Separation);
written)
may be effected upon all the defendants by serving upon any 2. Recovery/protection of 2. Performance that cannot
one of them or upon the person in charge of the office…”
(Rule 14, Section 7, RoC). property rights; be purely delegated; and
3. Recovery of real or 3. Claim that cannot be
Importance of amending a complaint personal property or instituted by executor or
interest; administrator.
In an issuance of a writ of execution, if you sued an unknown 4. Enforcement of lien
defendant and you did not change the name once his name
was discovered, the writ of execution will be issued in the 5. Recovery of damages
name of an “unknown owner.” You cannot locate an for an injury to person or
“unknown owner” hence, the writ of execution must conform property and suits by
with the decision. Such cannot be enforced when it is reason of the alleged
addressed to an unknown defendant. tortuous acts of the
Judgments rendered defendant (Board of
Liquidators v. Kalaw,
With respect to judgments rendered in this situation, Section G.R. No. L-18805,
6, Rule 36 provides that when judgment is rendered against August 14, 1967);
two or more persons associated in an entity without juridical 6. Actions and obligations
personality, the judgments shall set out their individual or
proper names, if known (1 REGALADO, supra at 102). arising from delicts
(Aguas v. Llemos, G.R.
SECTION 16: No. L- 18107, August
DEATH OF PARTY, DUTY OF COUNSEL 30, 1962); and
7. Ejectment case absolute sale of the lot with damages. Later on, S died.
(Tanhueco v. Aguilar, Can there be substitution of parties?
G.R. No. L-30369, May
A: Yes, because the recovery of a real property is an action
29, 1970) that survives.
Examples of actions that survives death: Q: Faye borrowed money from Eve. The former executed
a real estate mortgage in favor of Eve in lieu of the loan.
1. Chattel mortgage Faye did not pay, and because of this, Eve suffered a
2. Injunction with damages heart attack. Can Eve’s heirs file a case of foreclosure of
real estate mortgage against Faye?
3. Solutio indebiti, negotiorium gestio (implied
money claims) A: Yes, because it is an enforcement of a lien on the
4. Collection of sum of money based on contract property. Eve’s heirs can file for the foreclosure of the
(express money claim) property and damages.
Examples of actions that do not survive death Q: Louis is crossing the road. And because he is sleepy,
somebody ran over him. Louis’ bones were broken and
he was rushed to the UST Hospital. Due to the injury, he
1. Petition for annulment of marriage
incurred 1 million pesos. Later on, Louis died. Can
2. Action for support Louis’ heirs sue?
3. Legal separation
A: Yes, because it is an action for damages and it is an action
Q: If the party died while the case is pending, will the that survives death.
action survive death?
NOTE: You cannot file a case against a person who is
A: It depends on the action. If judgment is already already dead because no one will receive the summons. The
rendered, the rule is quite different: remedy is to amend the complaint and include the real party
in interest; either the executor, administrator or the legal
heirs of the deceased.
Death Diagram:
Cause of action, personal to the deceased
Case filed Judgement
Sereno, one of the defendants in the labor case died. The
Death (1) Death (2) Finality
rest of the defendants used the death of Sereno to
expunge the complaint against them. The death of Sereno
Q: Christian and Jet are husband and wife. Jet later
found out that Christian and Bryan have a romantic
cannot invoke the death of their co-defendant because
relationship, so she filed a petition for legal separation the action is personal only to the one who died.
on the ground of homosexuality. After Jet presented
evidence, she died. Can Jet’s mother, S, file a motion for The case at bar which is an action for the recovery of a
substitution of parties? personal property, a motor vehicle, is an action that
survives pursuant to Section 1, Rule 87 of the Rules of
A: No, because it is a personal action. Even if the court Court. As such, it is not extinguished by the death of a
decrees that the issues may constitute legal separation, how party (Atty. Rogelio E. Sarsaba v. Fe vda De Te,
can they execute the judgement when the other party is represented by her Attorney-in-Fact Faustino
already dead. Castañeda, G.R. No. 175910, July 30, 2009).
Q: What if there is a judgement that attained finality and When the case is already filed and the party dies
the properties are on the process of liquidation. During
the process, one of the spouses died. May S now file a The counsel must inform the court first that his client died.
motion for substitution? Then identify first if the action survives death (R-E-D). If
the action survives death, inform the court who will be the
A: Yes. S can now file because one of the consequences of substitutes: executor, administrator or the legal heirs. The
legal separation is to disinherit the guilty spouse. Therefore,
court will thereafter issue a notice of substitution. This is
the reason why S wants to substitute Jet is because S is the
for purposes of due process.
heir of Jet.
Q: S sold a parcel of lot to Bryan to which the latter is GR: Without a notice of substitution of parties, the
obligated to pay the lot in installments. However, Bryan proceedings and the judgement will be void.
was not able to pay. S filed a case for reconveyance of
property against Bryan. S wanted to rescind the deed of XPN: If the heirs actively participated in the litigation
without the notice of substitution, then they have already
complied with the requirements of due process (Vda. De
Salazar v. CA, GR No. 121510, November 23, 1995). Counsel’s death:
In this case, the counsel is the one who died however the
NOTE: There is no need to issue summons after the litigant was not able to inform the court. It is the duty of the
substitution because the court already has the jurisdiction litigant to inform the court of the death of the counsel
before he died. (Ventanilla v. Tan, G.R. No. 180325, February 20, 2013).
Death, succession SECTION 17:

DEATH OR SEPARATION OF A PARTY WHO IS A
Death opens up succession. And that’s the reason why PUBLIC OFFICER
there is a need for substitution. The executor,
administrator or legal heirs has a part on what will happen The action may be continued and maintained by or against
to the property that they are supposed to inherit. The heirs the successor in the public office if the following requisites
will not pay for the debt, but the debt will be paid through are present:
the property of the deceased.
1. The public officer is a party to an action in his official
Despite the death of Haberer, the counsel should not drop capacity
the case. The lawyer should protect the interest of the 2. During the pendency of the action, he either dies,
deceased. Since no administrator of the estate of the resigns or ceases to hold office
deceased appellant had yet been appointed as the same 3. It is satisfactorily shown to the court by any party,
was still pending determination, the motion of the within 30 days after the successor takes office, that
deceased's counsel for the suspension of the running of there is a substantial need for continuing or
the period within which to file appellant's brief was well- maintaining the action
taken (Nuguid v. de Haberer, G.R. Nos. L-42699 to L- 4. That the successor adopts or continues or threatens
42709 May 26, 1981). to adopt or continue the action of his predecessor
5. The party or officer affected has been given
The heirs actively participated in the litigation despite the
reasonable notice of the application therefor and
fact that there was no notice of substitution. This case
involves an ejectment case which is a type of action that accorded an opportunity to be heard.
survives death. It survives because it involves recovery or
repossession of real property (Vda. De Salazar v. CA, The case involves a public officer, Mayor Dagadag who sued
GR No. 121510, November 23, 1995). the employees in his official capacity. The employees won,
however, the one who appealed is the new mayor. When a
The fact that certain persons are now registered as public officer is a party in an action in his official capacity and
during its pendency dies, resigns or otherwise ceases to hold
stockholders in the corporation will not bar the filing of a
office, the action may be continued and maintained by or
derivative suit. Since all the shares of Alice are still in the against his successor if, within thirty (30) days after the
name of John. The estate becomes an indispensable successor takes office or such time as may be granted by
property (Gochan v. Young, GR No. 131889, March 12, the court, it is satisfactorily shown to the court by any party
2001). that there is a substantial need for continuing or maintaining
it and that the successor adopts or continues or threatens to
NOTE: Actions that survive death covers the recovery of adopt or continue the action of his predecessor (Dagadag v.
real properties, personal and shares of stocks. Tongnawa, G.R. NO. 161166-67, February 03, 2005).
In this case, the heirs voluntarily appeared in the litigation, NOTE: However, if the employees sued the mayor in his
hence formal substitution is no longer required (Spouses personal capacity, even if he is no longer re-elected as
Ibañez vs. Harper, G.R. No. 194272, February 15, mayor, the suit may prosper.
2017).
Substitution, officer is sued both in personal and
Q: Lot X is a vacant lot where a new building is being official capacity
erected by A. And because of the foundation of the
building, B’s lot, where a school is located, is being The officer will have to be substituted as far as his
compromised. B filed an action against A to stop the personal capacity is concerned especially if the claim is
construction (injunction case). However, A died. Will for damages.
there be a substitution?
This involves co-ownership wherein all of them are real
A: As a general rule, no, the action will not survive death. parties in interest. One of the co-owners may file against
However, it may survive if there is damages or if it is a lien a defendant. However, if one of the co-owners is claiming
on the property in the sense that the construction on the that the property is owned by him, all of the co-owners
property cannot be allowed because it is going to destroy the
integrity of B’s school.
must be impleaded because they are indispensable 5. those who are of unsound mind, even though
parties. they have lucid intervals,
6. persons not being of unsound mind, but cannot,
The RTC’s Decision in favor of Guzman is valid despite without outside aid, take care of themselves and
the failure to comply with Section 16, Rule 3 because of
the express waiver of the heirs to the jurisdiction over their manage their property, becoming thereby an
persons, and because there had been, before the easy prey for deceit and exploitation (A-D-W-O)
promulgation of the RTC Decision, no further proceedings a) by reason of age,
requiring the appearance of de Guzman’s counsel b) disease,
(Carandang c. De Guzman, G.R. No. 160347, c) weak mind,
November 29, 2006). d) other similar causes
When co-owner dies
Incompetence, not a cause of dismissal of an action
If a co-owner dies, sue the heirs of the co-owner as they
Being an incompetent is not a ground to have the case
are the substitutes of the deceased.
dismissed. Their remedy is just to ask the court to be
substituted. The incompetent party will be assisted by a
Q: All 2A students are co-owners of M. M sued them for
legal guardian or guardian ad litem.
ejectment, however, M died. Who will substitute M?
NOTE: There is no need to file for another case for the
A: M’s heirs will be the substitute because they will be
appointment of a guardian. The court just needs to move
the new co-owners of 2A students.
that a guardian has been appointed.
In this case, the heirs of Toledo are not indispensable
SECTION 19:
parties because the obligation of Manuel and his wife is
TRANSFER OF INTEREST
solidary. Manuel Toledo died before the case is filed. The
court did not acquire jurisdiction because Manuel already
The transfer of interest referred to in this section is a transfer
died even before the case was filed. The one to be that occurs during the pendency of the action.
impleaded should by the wife of Manuel and not his
children. Even though a notice of substitution is given to Where the transfer was effected before the commencement
the heirs in this case, the court has not acquired of the suit, the transferee must necessarily be the defendant
jurisdiction over Manuel for he has already died before the or the plaintiff, but he may file a third-party complaint and
institution of the case (Boston Equity Resources, Inc. implead the transferor in the action whenever the same is
vs. CA, G.R. No. 173946, June 19, 2013). necessary and proper for a complete determination of all the
rights of the parties (1 REGALADO, supra at 110).
This case involves property rights. Substitution must be
applied only in cases where the action survives death. The substitution under this section is not mandatory and a
(Torres v. Rodellas, G.R. No. 177836, September 4, transferee pendente lite is not an indispensable party but is
2000). a necessary party to the case.
SECTION 18: Types of substitution:

INCOMPETENCY OR INCAPACITY
1. Death
In case of supervening incapacity or incompetency of a 2. Transfer of interest
party, the action shall continue to be prosecuted by or
against him personally and not through his This involves an action for collection of sum or money.
representatives, in line with the amendments in Sections Transferee pendente lite stands on the shoes of the party
3 and 5 of this Rule, since he continues to be the real party (Grandholdings Investment v. CA, TJR Industrial,
in interest, although assisted by the corresponding G.R. No. 221271. June 19, 2019).
guardian (1 REGALADO, supra at 110).
Death vs. Transfer of Interest
Who are Incompetents: (Rule 92, Section 2, RoC)
C-Le-P-D-U-N DEATH TRANSFER OF INTEREST
Substitution must be “may” in the law reflects
1. persons suffering the penalty of civil interdiction made as part of due discretion on whether or not
or process. a party may be substituted.
2. hospitalized lepers The court is given leeway to
The court has no
3. prodigals, ascertain the propriety of
discretion to deny the
4. deaf and dumb who are unable to read and write, substitution.
substitution if the action Finality of judgement, death
survives death.
The substitute (executor, Example: If the judgement was made on December 1 and
A transferee pendente lite is the plaintiff received the judgement on December 5, the
administrator or legal
not an indispensable party judgement becomes final and executory when there is no
heirs) are indispensable
but a necessary party. motion to reconsider, appeal or motion for new trial filed on
parties.
Death occurs either December 16. The decision will now be final by operation of
during the pendency of law. You don’t have to wait for the judgement to be recorded
Transfer occurs during the in the judgement book. It is even final as to the court.
the action or after the
pendency of the action
judgement has already
Death occurred when judgement became final
been rendered.
If there is death and the judgement has become final and
Transferee pendente lite the action is a money claim, the action stops there. There is
no need to file for a motion for execution. The judgement
A transferee stands exactly in the shoes of the transferor or which has already attained finality will now be filed with the
original party. The transferee is bound by the proceedings probate court or the real estate court for the distribution of
and judgement in the case in such a way that they are no such.
longer required to be impleaded.
SECTION 21:INDIGENT PARTY
Example: ABC corporation owns a property. They later on
sold the property to XYZ company while a case is pending
against them. It is assumed that XYZ company or the
Who is an Indigent?
transferee pendente lite knows that the property is subject of
a pending case especially if there is a notice of lis pendens An indigent party can file a case without the required docket
on the property. Then XYZ is bound by the judgement of the fees. He is also free from payment of other lawful fees and
case. stenographic notes. All of these shall be considered as a lien
on any judgement rendered in the case favorable to the
indigent, unless the court provides otherwise.
SECTION 20:
ACTION AND CONTRACTUAL MONEY CLAIMS
Requirements to be considered as an indigent: (I-P)
Requisites for action and contractual money claims:
1. Income requirement; the family must not have a
(R-C)
combined income of more than twice the monthly
1. The action must be primarily for the recovery of minimum wage.
money, debt or interest thereon and not where the 2. Property; the property’s fair market value (not
subject is primarily for some other relief and the assessed value) must not be more than Php.
collection of an amount of money sought therein is 300,000
merely incidental thereto, such as by way of
damages; NOTE: Both requisites must concur. Failure to comply
2. The claim subject of the action arose from contract, with one will disqualify the person from being an indigent
express or implied, entered into be the decedent in litigant.
his lifetime or the liability for which had been
assumed by or is imputable to him (1 REGALADO, Lien on any judgement
supra at 111).
The amount of the docket and other lawful fees which the
indigent was exempted from paying shall be a lien on any
Death, money claims judgement rendered in the case favorable to the indigent,
unless the court otherwise provides.
In so far as money claims is concerned, and one of the
parties died while the case is pending (death 2 in Death
Contesting the grant of indigency to a party
Diagram), the case will not be dismissed and will proceed up
to the finality of judgement.
While the Rule allows an ex parte application and hearing to
NOTE: The finality of judgement is by operation of law. litigate as an indigent, at any time before judgement is
rendered by the trial court, any adverse party may contest
If death occurs during the pendency of an action for the grant of the authority to a party to litigate as an indigent
collection of sum of money, it will proceed up until judgement (1 RIANO, supra at 241).
but not the execution. The final judgement will be placed in
an estate proceedings. NOTE: If the court should determine after hearing that the
party declared as an indigent is in fact a person with
sufficient income or property, the proper docket and other
lawful fees shall be assessed and collected by the clerk matter of jurisdiction, but was filed in a place where
of court. rather it is a rule of the offense was not
procedure. committed, it may be
Juridical entity, not an indigent quashed for lack of
information.
A juridical entity cannot be considered as an indigent
because only natural persons can apply for indigency (Re: Jurisdiction vs. Venue
Query of Mr. Roger C. Prioreschi re exemption from legal
and filing fee of the Good Shepherd Foundation, Inc., JURISDICTION VENUE
A.M. No. 09-6-9-SC, August 19, 2009).
AS TO DEFINITION
The present suit is one for damages under the last class
Authority of the court to Place where the case is
(actions to recover damages for an injury to person or hear and determine a to be heard or tried.
property), it having been held that "injury to property" is not case.
limited to injuries to specific property, but extends to other AS TO GOVERNING LAW
wrongs by which personal estate is injured or diminished. To Matter of substantive law. Matter of procedural law.
maliciously cause a party to incur unnecessary expenses, as AS TO RELATIONS ESTABLISHED
charged in this case, is certainly injurious to that party's Cannot be waived. May be waived.
property (Aguas v. Llemos, G.R. NO. L-18107, August 30, Fixed by law and cannot May be conferred by the
1962). be conferred by parties. act or agreement of the
parties.
If the applicant for exemption meets the salary and property AS TO DISMISSAL MOTU PROPRIO
requirements under Section 19 of Rule 141, then the grant of Court may dismiss an GR: Court may not
the application is mandatory. On the other hand, when the
action motu proprio for dismiss an action motu
application does not satisfy one or both requirements, then
lack of jurisdiction. proprio on the ground of
the application should not be denied outright; instead, the
court should apply the "indigency test" under Section 21 of improper venue.
Rule 3 and use its sound discretion in determining the merits
of the prayer for exemption (Algura v. City of Naga, GR No. XPN:
150135, October 30, 2006). 1) Actions covered by
the Rules on
SECTION 22: summary procedure
NOTICE TO THE SOLICITOR GENERAL and small claims
cases.
The rule is that only the Solicitor General can bring or defend
actions on behalf of the Republic of the Philippines and that 2) SC has the power to
actions filed in the name of the Republic, or its agencies and order a change of
instrumentalities, if not initiated by the Solicitor General, will venue to prevent a
be summarily dismissed (Cooperative Dev’t Authority v. miscarriage of justice
Dolefill Agrarian Reform Beneficiaries Coop., GR No. (1987 Philippine
137489, May 29, 2002).
Constitution, Art. VIII,
RULE 4: VENUE Sec. 5, Par. 4).
Venue is the place or the geographical area, in which a Rules on venue:

court with jurisdiction may hear and determine a case or
the place where the case is to be tried (City of Lapu-Lapu To know the venue of a particular action, determine if it
v. Philippine Economic Zone Authority, G.R. No. is personal or real (Riano, 2019).
184203, November 26, 2014).
Residence vs. Domicile
Venue in civil cases vs. Venue in criminal cases
RESIDENCE DOMICILE
Venue in civil cases Venue in criminal cases Place of abode, whether Denotes a fixed
May be waived as it is Cannot be waived by the permanent or temporary, permanent residence to
of the plaintiff or the which, when absent, one
intended to accord parties because it is an
convenience to the parties essential element of defendant. has intention of returning.
rather than to restrict their jurisdiction.
access to the courts. Basis of venue in personal
actions.
Venue is procedural, not Venue is jurisdictional.
substantive, and is not a Thus, if the information
SECTION 1: VENUE OF REAL ACTIONS
b. For real actions – where the property is
Real actions involve actions affecting title to or situated.
possession of real property, or interest therein. Real
actions shall be commenced and tried in the proper court 2. The action affects the personal status of the plaintiff;
which has jurisdiction over the area wherein the real or
property involved, or a portion thereof, is situated (Rule 4, a. Where plaintiff resides.
Section 1, RoC).
3. The action affects any property of the non-resident
Local defendant located in the Philippines.
a. Where the property or any portion thereof
Venue depends upon the place where the property or any
portion of the same is situated (Rule 4, Section 1, RoC). is situated or found.
Various parcels of land situated in different provinces Liberal Interpretation of Section 3, Rule 4
Venue is determined by the singularity or plurality of the Giving the plaintiff a choice of venue in actions affecting any
transactions: property of a non-resident defendant who is not fund in the
Philippines would well serve the interest of a resident
plaintiff, rather than of a possible absconding non-resident
(a) Same transaction – venue is in the court of any of
defendant (Riano, 2019).
the provinces wherein a parcel of land is situated;
or SECTION 4: WHEN THE RULES ON VENUE DO NOT
(b) Separate and distinct transactions – laid in the APPLY
court of the province wherein each parcel of land
is situated. Sec. 4. When Rule not applicable – This Rule shall not
applicable –
1. In those cases where a specific rule or law
SECTION 2: VENUE OF PERSONAL ACTIONS
provides otherwise; or
Venue in personal actions is where where the plaintiff or any 2. Where the parties have validly agreed in writing
of the principal plaintiffs resides, or where the defendant or before the filing of the action on the exclusive
any of the principal defendants resides, or in the case of a venue thereof.
non-resident defendant where he may be found, at the
election of the plaintiff (Rule 4, Section 2, RoC). Requisites of Stipulations on Venue:
Transitory Parties may stipulate on the venue as along as the

agreement is
Venue must be: 1. In writing;
(a) Where the plaintiff or any of the principal plaintiff 2. Made before the filing of the action; and
resides; or 3. Exclusive as to the venue (Rule 4, Section
(b) Where the defendant or any of the principal 4(b),RoC)
defendant resides.
The parties may agree on a specific venue which could be in
Defendant is a non-resident a place where neither of them resides (Universal Robina
Corporation v. Lim, G.R. 154338, October 5, 2007).
Venue is at the election of the plaintiff.
1. Where the plaintiff or any of the principal plaintiff Written Stipulations
resides; or
2. Where the non-resident defendant may be found 1. Restrictive or Mandatory – where venue
(Rule 4, Section 1, RoC). stipulated upon is restrictive or mandatory, the
complaint is to be filed only in the stipulated
Venue of ordinary civil actions against non- venue
residents:
Examples of words with restrictive meanings:
Sec. 3, Rule 4 applies when: a. Only
b. Solely
1. Any of the defendants is a non-resident and not
found in the Philippines;
c. Exclusively in the court
a. For personal actions – where the plaintiff d. In no other court save
resides. e. Particularly
f. Nowhere else but/except (Riano, 2019). considered as an additional, not an exclusive venue
(Riano, 2019).
2. Permissive – parties may file their suits not only
in the place agreed upon but also in the places A restrictive stipulation on venue is not binding when
the validity of the contract is assailed
fixed by the rules
A complaint directly assailing the validity of the written
Examples of permissive stipulations: instrument itself should not be bound by the exclusive venue
a. “The agreed venue for such action is Makati, stipulation contained therein and should be filed in
Metro Manila, Philippines” (Mangila v. accordance with the general rules on venue. To be sure, it
Court of Appeals, 387 SCRA 162, 174-175) would be inherently consistent for a complaint of this nature
b. “In case of litigation hereunder, venue shall to recognize the exclusive venue stipulation when it, in fact,
precisely assails the validity of the instrument in which such
be in the City Court or Court of First Instance stipulation is contained (Briones v. CA, G.R. No. 204444,
of Manila as the case may be for January 14, 2015).
determination of any and all questions
arising thereunder” (Philippine Bank of Complementary-Contracts-Construed-Together Rule
Communications v. Trazo, 500 SCRA 242,
The Complementary-Contracts-Construed-Together Rule
247-248)
mandates that the provisions of an accessory contract must
c. “It is hereby agreed that in case of be read in its entirety and together with the principal contract
foreclosure of this mortgage under Act 3135, between the parties (Riano, 2019).
as amended, and Presidential Decree No.
385, the auction sale shall be held at the ILLUSTRATIVE CASE:
capital of the province, if the property is
Facts: Petitioner filed for a collection of deficiency with the
within the territorial jurisdiction of the RTC of Manila alleging that the respondents obtained a loan
province concerned, or shall be held in the and executed a continuing surety agreement for all loans that
city, if the property is within the territorial may be extended in the future. Petitioner granted a renewal
jurisdiction of the city concerned” (Langkaan of the loan as evidenced by a promissory note which
contained a stipulation that the venue for any legal action that
Realty Development, Inc. v. United
may arise from the promissory note shall be in Makati City.
Coconut Planters Bank, 347 SCRA 542, Respondents failed to pay upon maturity and thus petitioner
555-556) foreclosed the real estate mortgage executed by
d. “All court litigation procedures shall be respondents. Respondents moved to dismiss the complaint
conducted in the appropriate courts of on the ground of improper venue. On appeal, the CA ruled
that the debt of respondent was based on the promissory
Valenzuela City, Metro Manila” (Auction in
note which provided an exclusionary stipulation on venue.
Malinta, Inc. v. Luyaben, 515 SCRA 569, Hence this Petition for Review under Rule 45 of the Rules of
575; Riano, 2019) Court.
Exclusive as to venue Held: The Supreme Court held that in enforcing a surety
contract, the "complementary-contracts-construed-together"
It must be emphasized that the mere stipulation on the doctrine finds application. According to this principle, an
venue of an action, however, is not enough to preclude accessory contract must be read in its entirety and together
parties from bringing a case in other venues. The parties with the principal agreement. This principle is used in
construing contractual stipulations in order to arrive at their
must be able to show that such stipulation is exclusive.
true meaning; certain stipulations cannot be segregated and
In the absence of qualifying or restrictive words, the
then made to control. This no-segregation principle is based
stipulation should be deemed as merely an agreement on on Article 1374 of the Civil Code. Incapable of standing by
an additional forum, not as limiting venue to the specified itself, the SA can be enforced only in conjunction with the
place (Spouses Lantin v. Lantion, 499 SCRA 718, 722; PN. The latter documents the debt that is sought to be
See also Ley Construction and Development collected in the action against the sureties (Philippine Bank
Corporation v. Sedano, G.R. No. 222711, August 23, of Communications v. Lim, G.R. No. 158138, April 12,
2017). 2005).
Example: If the plaintiff, in an action for damages, resides Dismissal based on improper venue
in Quezon City while the defendant resides in Makati City,
and the agreed venue is Pasay City which by the terms of Improper venue is not one of the grounds wherein the
the agreement is not exclusive, the venue of the action court may dismiss an action motu proprio on the basis of
may be Quezon City, Makati City, or Pasay City, at the the pleadings (Universal Robina Corporation v. Lim,
election of the plaintiff. Pasay City would simply be G.R. 154338, October 5, 2007).
Hence, if, in a case filed with the RTC, the defendant files Subject Matters covered by Summary Procedure in
a motion to dismiss based on lack of jurisdiction over the Civil cases:
subject matter and the court instead dismisses the action
based on improper venue, the court would be acting 1. All cases of forcible entry and unlawful detainer,
erroneously because the act would tantamount to a motu irrespective of the amount of damages or unpaid
proprio dismissal based on improper venue (Riano, rentals sought to be recovered. Where attorney's
2019). fees are awarded, the same shall not exceed twenty
thousand pesos (P20,000.00).
The court may, however, effect a motu proprio dismissal 2. All other civil cases, except probate proceedings,
of the complaint based on improper venue in an action
where the total amount of the plaintiff's claim does
covered by the rules on summary procedure. In this type
not exceed ten thousand pesos (P10,000.00),
of action, the court may motu proprio dismiss a case,
from: exclusive of interest and costs (Revised Rules on
Summary Procedure, Section 1a).
1. An examination of the allegations in the
complaint, and; Procedure in civil cases:
2. Such evidence as may be attached thereto, on
1. The only pleadings allowed to be filed are the
any of the grounds apparent therefrom for the
complaints, compulsory counterclaims and cross-
dismissal of a civil action claims' pleaded in the answer, and the answers
thereto (Section 3a).
The dismissal may be made outright, which means that
2. All pleadings must be verified (Section 3b).
the court may do so without need for waiting for the filing
3. Within ten (10) days from service of summons, the
of a motion to dismiss (Section 4, Revised Rules on
Summary Procedure). defendant shall file his answer to the complaint and
serve a copy thereof on the plaintiff (Section 5).
NOTE: Under the new rules, Rule 16 has been deleted so 4. Effect of failure to answer. Should the defendant fail
when there is improper venue, the remedy is NOT a to answer the complaint within the period above
Motion to Dismiss but instead you should file an answer provided, the court, motu proprio, or on motion of
and raise it as an affirmative defense. the plaintiff, shall render judgment as may be
warranted by the facts alleged in the complaint and
Supreme Court has authority over venue limited to what is prayed for therein (Section 6).
5. Preliminary conference; appearance of parties. Not
To avoid a miscarriage of justice, the Supreme Court may
later than thirty (30) days after the last answer is
order a change of venue (Sec. 5[4], Art. VIII,
filed, a preliminary conference shall be held.
Constitution of the Philippines).
NOTE: The failure of the plaintiff to appear in the preliminary
RULE 5: UNIFORM PROCEDURE IN TRIAL COURTS conference shall be a cause for the dismissal of his
SECTION 1: UNIFORM PROCEDURE complaint. The defendant who appears in the absence of the
plaintiff shall be entitled to judgment on his counterclaim
Rules implemented and enforced by the Metropolitan Trial (Section 7).
Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts. It is not enforced by RTC. The purpose of the rules 6. Record of preliminary conference. Within five (5)
is to expedite and shorten proceedings. Summary days after the termination of the preliminary
Procedure is different from Special Proceedings. conference, the court shall issue an order stating the
matters taken up therein (Section 8).
A Writ of Amparo is a special proceeding. The Rules on 7. Within ten (10) days from receipt of the order
Special Proceeding are different from those on Summary mentioned in the next preceding section, the parties
Procedure. Hence, the rules of Summary Procedure will shall submit the affidavits of their witnesses and
not apply.
other evidence on the factual issues defined in the
order, together with their position papers setting
Furthermore, the RTC cannot implement or resort to the
use of rules on summary procedure because the rules in forth the law and the facts relied upon by them
summary procedure can only be administered by MTC, (Section 9).
MTCC, MeTC (De Lima v Gatdula, G.R. No. 204528, 8. Within thirty (30) days after receipt of the last
February 19, 2013). affidavits and position papers, or the expiration of
the period for filing the same, the court shall
REVISED RULES ON SUMMARY PROCEDURE render judgment (Section 10).
(Section 6, Rules on
NOTE: Prohibited Pleadings (Section 19, Revised Rules
Summary Procedure)
on Summary Procedure)
Note: You are limited by
1. Motion to dismiss the complaint or to quash the the allegations on the
complaint or information complaint. The judge will
only check whether a
XPN: On the ground of lack of jurisdiction over the subject cause of action exists.
matter. The relief granted is
based on the allegations
2. Motion for a bill of particulars; of the complaint. A higher
relief cannot be given.
3. Motion for new trial, or for reconsideration of a However, a lower relief
judgment, or for opening of trial; may be granted,
especially at the attorney’
XPN: An MR is allowed only against an interlocutory s fee. A different relief
order. (Lucas Case) cannot be awarded.
(Chinatrust v. Turner)
NOTE: The remedy is an ordinary appeal after the final
judgement. Appeal Allowed to appeal to the No appeal is given,
RTC. it is prohibited
4. Petition for relief from judgment; (Section 16, A.M.
No. 08-8-7-SC)
5. Motion for extension of time to file pleadings,
affidavits or any other paper; Note: The remedy
6. Memoranda; Certiorari, because
7. Petition for certiorari, mandamus, or prohibition the judgement is
against any interlocutory order issued by the immediately final
and executory.
court;
8. Motion to declare the defendant in default;
The judge will determine and indicate in the summons the
9. Dilatory motions for postponement;
rules that shall apply in the case.
10. Reply;
11. Third party complaints;
SUMMARY PROCEDURE ORDINARY CIVIL ACTION
12. Interventions.
Complaint then summons
Q: Eve sued Aisa for the collection of Php 200,000.00. Is will be served.
that covered by the summary procedure?
Answer must be filed within Answer must be filed within
A: No, it is covered by Small Claims. 10 days. either 15 days, 30 days, 60
days depending on how
Q: Jason hit Maria with his bike, and the latter incurred Summons is served.
Php150,000 in hospital bills. Is it covered by small claims?
Note: Motion for extension Note: Motion for extension of
A: No, It is covered by the rules on Summary Procedure. of time is prohibited. (Sec time is allowed.
It is not covered by Small Claims because the action is 19, Revised Rules on
not purely a collection suit. It is tort, therefore, MTC shall Summary Procedure)
apply the rules on Summary Procedure.
Reply is not allowed. If there is an Answer, you
may or may not file a Reply.
SUMMARY SMALL CLAIMS
PROCEDURE Note: Once an Answer has Note: After the issues have
been filed, a preliminary been joined, there will be a
If no 1. The Judge can motu Judge can still conference can be set. It is preliminary conference. And
Answer proprio decide on the decide on the case akin to pre-trial. then you will have pre-trial
was case or within the day. and then trial and then
filed: 2. A motion to render judgment.
judgement based on the
complaint must be filed.
Preliminary Conference
Commencement of the claim
Occurs once the Answer is filed. This is the part of the
proceedings where Issues and stipulations are laid down. Small claims cases are commenced by filling up and filing a
Agreement to a stipulation leads to an established fact, form called a Statement of Claim. NO formal pleading, other
which eliminates the need of presenting evidence. than the statement of claims, is necessary to initiate a small
claims action.
The parties must submit their respective position papers
within 10 days from receipt of preliminary conference The Statement of Claim should be verified and accompanied
order. by a certification against forum shopping.
It is not a trial. However, the court may ask for clarificatory The plaintiff is required to attach, to the Statement of Claim,
the affidavit of his witnesses and other evidence to support
proceedings (Bayubay v CA, G.R. No. 105866 July 6,
his claim. If his claim is based on an actionable document,
1993). he is also required to attach two duly certified copies of such
document. This is a mandatory requirement. Evidence not
Clarificatory Proceedings attached shall not be allowed during the hearing, except
when plaintiff can show good cause for the submission of
The judge may ask for a clarificatory proceeding, where additional evidence. In addition, the non-submission of the
certain factual matters are clarified. Clarificatory required affidavits will cause the immediate dismissal of the
proceedings are not meant to try the case nor be resorted claim (Section 6, A.M. No. 08-8-7-SC).
to delay the judgment.
The rule does not prohibit the joinder of causes of action.
REVISED RULES ON SMALL CLAIMS Separate claims arising from the distinct causes of action
may be joined in a single statement of claim provided the
Jurisdiction total amount does not exceed the jurisdictional amount of
P400,000 for the MeTCs and P300,000 for the MTCCs,
1. Small claims cases are cognizable by the Metropolitan MTCs, and MCTCs (Section 8, A.M. No. 08-8-7-SC).
Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts, where the value of the claim does not exceed No attorney shall appear on behalf of or represent a party at
the jurisdictional amount of P400,000 for the MeTCs and the hearing, unless the attorney is the plaintiff or defendant.
If the court determines that a party needs assistance, the
P300,000 for the MTCCs, MTCs, and MCTCs , exclusive
court may allow another individual, who is not an attorney, to
of interest and costs (A.M. No. 08-8-7-SC, April 1, 2019).
assist such party with the latter’s consent.
The claim must be purely civil in nature and is solely for
Venue
the payment or reimbursements of sum of money. Hence,
a claim seeking for a judgment to compel the defendant The statement of Claims shall be filed in the place following
to perform a specific act is NOT covered by the rules on the rules on venue in Rule 4 of the Rules of Court. This is
small claims. because the rules of Civil Procedure apply suppletory to
small claims cases.
Coverage
However, if the plaintiff is engaged in the business of lending,
To be covered by the Revised Rules on Small Claims banking and similar activities, and has a branch within the
cases, the claim or demand should be for money owed municipality or city where the defendant resides, the
under any of the following: Statement of claim/s shall be filed where the branch is
1. Contract of lease located (Section 7, A.M. No. 08-8-7-SC).
2. Contract of loan
3. Contract of services Response to Statement of claims
The defendant shall file with the court and serve on the
4. Contract of sale
plaintiff a duly accomplished and verified Response within
5. Contract of mortgage a non-extendible period of ten (10) days from receipt of
6. Claim for liquidated damages arising from the summons (Section 13, A.M. No. 08-8-7-SC).
contract
7. Claim for the enforcement of a Barangay Prohibited Pleadings and Motions
amicable settlement or an arbitration award 1. Motion to dismiss the Statement of Claim/s;
covered by this rule 2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a
Note: Recovery of unliquidated damages, even if arising judgment, or for reopening of trial;
from a contract, cannot be brought under the rules on 4. Petition for relief from judgment;
small claims (Section 5, A.M. No. 08-8-7-SC).

5. Motion for extension of time to file pleadings, 5. A small claims action is commenced by filing with
affidavits, or any other paper; the court an accomplished and verified Statement of
6. Memoranda; Claim in duplicate, accompanied by a Certification
7. Petition for certiorari, mandamus, or prohibition Against Forum Shopping, Splitting a Single Cause
against any interlocutory order issued by the of Action, and Multiplicity of Suits, and two duly
court; certified photocopies of the actionable document/s
8. Motion to declare the defendant in default; subject of the claim, as well as the affidavits of
witnesses and other evidence to support the claim.
9. Dilatory motions for postponement
10. Reply and rejoinder;
NOTE: No evidence shall be allowed during the hearing
11. Third-party complaints; and which was not attached to or submitted together with the
12. Interventions (Section 16, A.M. No. 08-8-7-SC). Statement of Claim, unless good cause is shown for the
admission of additional evidence (RCBC Bankard Services
Decision/Execution Corp., Oracion, G.R. 223274, June 19, 2019).
After the hearing, the court shall render its decision within Comparison of procedure: Small claims vs. Summary
24 hours from the termination of the hearing. Procedure vs. Ordinary claims
The decision shall be final, executory and
unappealable.
Hence, the decision shall immediately be entered by the

Clerk of Court in the court docket for civil cases and a
copy thereof shall be served on the parties (Section 24,
A.M. No. 08-8-7-SC).
Doctrines
1. A motion for reconsideration is only a prohibited

pleading if it is against a final order. If it is against an
interlocutory order, a motion for reconsideration is
allowed (Lucas v. Fabros, A.M. No. MTJ-99-1226,
Jan. 31, 2000).
2. A motion to dismiss on the ground of lack of

jurisdiction over the subject matter is an exception
to the rule on prohibited pleadings (Bongato v.
Malvar, G.R. No. 141614, Aug. 14, 2002.
3. Where the trial court abuses its discretion by

indefinitely suspending summary proceedings
involving ejectment cases, a petition for certiorari
may be entertained by the proper court to correct
the blunder. In the interest of justice and in view of RULE 6: KINDS OF PLEADINGS
the procedural void on the subject, an appeal may SECTION 1: PLEADINGS DEFINED
be treated as a petition for certiorari for this purpose
and only in this instance, pro hac vice (Go v. CA, Pleadings are the written statements of the respective
G.R. No. 128954, October 8, 1992). claims and defenses of the parties submitted to the court
for appropriate judgment.
4. The determination of issues at the preliminary
conference bars the consideration of other Pleadings
questions on appeal. Raising a new factual issue on
Pleadings are documents a party submits in Court. They
appeal would be unfair to the adverse party, who are supposed to contain the cause of action or the basis
had no opportunity to present evidence against it of a party’s claims or defenses. A party submitting a
(Chinatrust vs. Turner, G.R. No. 191458, July 3, pleading should divide the dispute and indicate the
2017). number of its action or defense.
Test to determine whether a complaint is sufficient:

if not ,
defendant may
file a motion for
billofpa-i.rs
i
The complaint will be deemed sufficient if the other party The claims of a party are asserted in a:
will be able to answer and prepare for trial. 1. Complaint
2. Counterclaim
A motion to dismiss is not a pleading because it does not 3. Cross-claim
state a party’s defense. It is not a responsive pleading. 4. Third (fourth, etc.)- party complaint
5. Complaint- in- intervention
Actionable Document - >
ex .
promissory note or contract of loan
The defenses of a party are alleged in the answer to the

pleading asserting a claim against him or her.
An actionable document is the document on which your An answer may be responded to by a reply only if the
claim or defense is based. A document becomes an defending party attaches an actionable document to the
I
actionable document if it sets forth in the pleading the answer. (Section 2, Rule 6, RoC).
pertinent provisions of such document and the original or
a copy thereof shall be - attached to the pleading as an SECTION 3: COMPLAINT
exhibit which shall form part of the pleading (Rule 8,
Section 2, RoC). The complaint is the pleading alleging the plaintiff’s or
claiming party’s cause or causes of action. The names and
Q: When will you file a reply? residence s of the plaintiff and defendant must be stated in
D¥ the complaint (Section 3, Rule 6, RoC).
A: If the answer is founded on an actionable document, a
reply may be filed. A party may only file a reply if such/must
be under
Names and residences of the plaintiff and defendant
party wants to contest the due execution and authenticity oath must be alleged in the complaint for purposes of
of the actionable document. Hence, a reply is not summons
mandatory.
Q: Can summons be served on the plaintiff?
Example: The party is claiming that the actionable
document is a forgery. A: NO. However, the residence of the plaintiff must still be
alleged for purposes of determining the proper venue,
A complaint must make a direct statement of the especially when it comes to personal actions.
ultimate facts
Q: Why should the defendant’s residence be alleged in
The basic requirement under the rules of procedure is that a complaint?
complaint must make a plain, concise, and direct statement
of the ultimate facts on which the plaintiff relies for his claim. A: Since the complainant does not know who the lawyer of
Ultimate facts mean the important and substantial facts the defendant will be, summons and other court processes
which either directly form the basis of the plaintiff’s primary addressed to the defendant may be served directly at the
right and duty or directly make up the wrongful acts or address of the defendant.
omissions of the defendant (Victorina V. Brewmaster
International, G.R. No. 182779, August 23, 2010). SECTION 4: ANSWER
NOTE: The Revised Rules of Procedure is evidentiary in An answer is a pleading in which a defending party sets
nature. A party should attach all pieces of evidence when forth his or her defenses (Section 4, Rule 6, RoC).
filing a complaint.
Q: Why is it addressed as “defending party” and not
Judgment on the pleadings proper based on MOA “defendant?”
A Memorandum of Agreement (MOA) was executed by A: Because a plaintiff can be a defending party in a
Pryce and Mongao. According to Pryce, he will comply with counterclaim- especially in a permissive counterclaim.
his obligation to Mongao only upon the execution of a Deed
of Absolute Sale, which according to Mongao, was not SECTION 5: DEFENSES
included in the terms and conditions of the MOA.
Defenses may either be negative or affirmative.
Pryce failed to perform his contractual obligation, prompting
Mongao to rescind the contract. In filing his answer, Pryce 1. A negative defense is the specific denial of the
admitted that he executed the MOA. Since the MOA clearly material fact or facts alleged in the pleading of the
states that there is no need for a Deed of Absolute Sale, complaint essential to his or her cause or causes of
there is no triable issue in this case. Hence, judgment on the
action.
pleadings is the proper remedy (Mongao v Pryce
Properties, G.R. No. 156474, August 16, 2005).
2. An affirmative defense is an allegation of a new matter
SECTION 2: PLEADINGS ALLOWED which, while hypothetically admitting the material
allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him or her. The 1. Specific denial
affirmative defenses include fraud, statute of limitations,
payment, illegality, statue of frauds, estoppel, former I specifically deny the allegations contained under paragraph
recovery, discharge in bankruptcy, and any other matter 3 of the complaint. The truth of the matter being.. *reason*
by way of confession and avoidance.
2. Lack of knowledge
Affirmative defenses may also include grounds for the
dismissal of a complaint, specifically, that the court has no I specifically deny the allegations under paragraph 3 of the
complaint for lack of knowledge sufficient to form a belief as
jurisdiction over the subject matter, that there is another
to the truth or falsity of the matter.
action pending between the same parties for the same
cause, or that the action is barred by a prior judgment The third part of an answer will be the negative or affirmative
(Section 5, Rule 6, RoC). defenses. This will be followed by the counterclaim which
can either be compulsory or permissive. Lastly, the party
Other grounds that may be used as an affirmative shall state its prayer.
defense:
NOTE: There is no such thing as a special affirmative
1. Unenforceable or illegal contract defense.
2. A contract that has been prescribed or discharged by
reason of bankruptcy, confession, and avoidance. Q: Pedro admitted all the allegations in the complaint
3. lack of jurisdiction over the subject matter filed by Juan. However, Pedro was not properly
4. litis pendentia summoned by the court. Can Juan be barred from
5. res judicata recovering from Pedro despite of Pedro’s admission to
all the allegations in the complaint?
Rule 16 or motion to dismiss has been deleted
A: YES. Juan cannot recover from Pedro because Pedro
The grounds stated in Section 5 can be raised as an was improperly summoned by the court. Hence, the court did
affirmative defense in the answer, which means that if there not acquire jurisdiction over Pedro. Pedro can raise the
is a complaint, the defending party should NOT file a motion court’s lack of jurisdiction as an affirmative defense.
to dismiss if he wants to raise an affirmative defense.
Instead, he should file an answer and use the grounds stated SECTION 6: COUNTERCLAIM;
under Section 5 as his affirmative defense.
A counterclaim is any claim which a_defending party may
The only 4 grounds wherein a motion to dismiss may have against an opposing party (Section 6, Rule 6, RoC).
be filed:
Example: Plaintiff and defendant. Defendant files a claim
1. lack of jurisdiction over the subject matter; against the plaintiff. If it arises from the same transaction
2. litis pendentia; and subject of the controversy, it becomes a compulsory
3. res judicata counterclaim.
4. presciption
Two kinds of counterclaim:
Other than that, all the grounds stated in Rule 16 will have to
be raised through an affirmative defense. 1. Permissive counterclaim
2. Compulsory counterclaim
Parts of an answer:
To determine whether a counterclaim is compulsory
1. Admissions; or not, the Court has devised the following tests:
2. Denials;
3. Defenses; (a) Are the issues of fact and law raised by the claim and
4. Counterclaim; and by the counterclaim largely the same?
5. Prayer.
(b) Would res judicata bar a subsequent suit on
Normally, a party filing an answer will state his admissions defendant's claims, absent the compulsory counterclaim
first. rule?
(c) Will substantially the same evidence support or refute
Example: Defendant admits paragraph 1 and 2 of the plaintiff's claim as well as the defendant's counterclaim?
complaint. and
(d) Is there any logical relation between the claim and the
The admissions will be followed by the denials. counterclaim? A positive answer to all four questions
would indicate that the counterclaim is compulsory (GSIS
A denial can either be a:
v Heirs of Caballero, G.R. No. 158090, October 4, causes of action. (Cojuangco V. Villegas, G.R. No.
2010). 76838, April 17, 1990).
Compulsory Counterclaim v Permissive Q: Pedro filed a case for collection of sum of money
Counterclaim against Juan. In Juan’s answer, as a form of defense, he
alleged that he has already paid his obligation and he
COMPULSORY PERMISSIVE even attached a receipt as evidence.
COUNTERCLAIM COUNTERCLAIM
AS TO FILING OF AN ANSWER Thereafter, Juan raised a compulsory counterclaim
which provides that because of the unfounded suit, he
An answer is not needed An answer is needed.
was constrained to engage the services of a counsel
because it is deemed Failure of the plaintiff to with a fee of P1,000,000. In addition, Juan alleged that he
controverted. answer can place him in suffered mental anguish and sleepless nights. Such
default since a permissive moral damages amounted to P500,000. Exemplary
counterclaim is damages amounting to P100,000 were also assessed.
considered an initiatory Based on that complaint, is it compulsory or not?
pleading- and because a
permissive counterclaim A: The complaint is compulsory. (use the 4- fold test
is an initiatory pleading, provided for in GSIS V. Caballero)
the prescribed filing fees
should be paid. 1. Are the issues of fact and law raised by the complaint and
(Buncayao V. Fort counterclaim largely the same?
Ilocandia) YES. The main issue is whether the obligation has been paid
AS TO EXECUTION OF CERTIFICATE OF FORUM or not.
SHOPPING
A compulsory Being an initiatory 2. Would res judicata bar a subsequent suit on defendant's
counterclaim does not pleading, a permissive claims, absent the compulsory counterclaim rule?
YES. Juan’s counterclaim is an act or a cause of action
require the execution of a counterclaim requires for
necessary connected to the complainant’s cause of action.
certificate of non- forum an execution of a
shopping. certificate of non- forum 3. Will substantially the same evidence support or refute
shopping. plaintiff's claim as well as the defendant's counterclaim?
AS TO THE NATURE YES.
When a compulsory A permissive
counterclaim is not raised counterclaim is not 4. Is there any logical connection between the claim and the
in the answer, it is mandatory, it can be the counterclaim?
deemed barred and it subject of another YES. Because Juan’s counterclaim arose from the filing of
cannot be a subject of complaint. It is based on a that baseless suit.
another independent suit. separate cause of action.
Illustration Q: Rodrigo filed a 1 million collection suit against

Leni. In her answer, Leni alleged that she already paid
1. Fort Ilocandia wanted: (1) the return of the P400,000; and further claimed that they should do an off-setting
and (2) for the premises to be vacated. The counterclaim of their respective claims. Based on the complaint, is
for the surrender of the premises is not necessarily it compulsory or not?
connected with the rescission of the contract. It should
have been filed as a separate action and if they wanted to A: NO. There is no logical connection between the claim
raise it by way of permissive counterclaim, they should and the counterclaim. Hence, this is a permissive
have filed the necessary filing fees- which they did not. counterclaim and can be the subject of a different
Hence, the court has no jurisdiction to rule and decide on complaint.
the permissive counterclaim (Buncayao v. Fort
Ilocandia Property, G.R. No. 170483, April 19, 2010). NOTE: Do not forget that if the case or the suit is before
the MTC, the counterclaim should not exceed the
Possession in the concept of an owner jurisdictional amount. Otherwise, if a party insist for the
court to make a ruling on it, then the excess is deemed
A person in possession of a property in the concept of an waived because the court can only grant you what is
owner should raise by way of compulsory counterclaim within its jurisdictional threshold.
his reimbursement for the improvements he introduced as
a possessor in good faith. His claim for reimbursement will In order for the excess not to be deemed waived, a party
necessarily be included in his defense. There is no need can make a reservation to recover the excess in another
to file a separate action as this will only result to splitting complaint to be filed before another court.
A cross-claim may also be filed against an original cross-
SECTION 7: COMPULSORY COUNTERCLAIM claimant (Rule 6, Section 9, RoC).
A compulsory counterclaim is one which, being SECTION 10: REPLY

cognizable by the regular courts of justice, arises out of or
is connected with the transaction or occurrence All new matters alleged in the answer are deemed
constituting the subject matter of the opposing party’s controverted. If the plaintiff wishes to interpose any claims
claim and does not require for its adjudication the arising out of the new matters so alleged such claims shall
presence of third parties whom the court cannot acquire be set forth in an amended or supplemental complaint.
jurisdiction. Such a counterclaim must be within the However, the plaintiff may file a reply only if the defending
jurisdiction of the court both as to the amount and nature party attaches an actionable document to his or her answer.
-
thereof, except that in an original action before the

A reply is a pleading, the office or function of which is to deny,
Regional Trial Court, the counterclaim may be considered
or allege facts in denial or avoidance of new matters alleged
compulsory regardless of the amount. A compulsory in, or relating to such actionable document.
counterclaim not raised in the same action is barred, complaint - answer -
reply -
rejoinder
unless otherwise allowed by these Rules (Rule 6, In the event of an actionable document attached to the reply,
Section 7, RoC). the defendant may file a• rejoinder if the same is based solely
on an actionable document (Rule 6, Section 10, RoC).
A counterclaim is not compulsory if it exceeds the
jurisdictional threshold of the Court. However, you may NOTE: A party may only file a reply if the action is based on
raise the counterclaim only to have the complaint an actionable document. When a complaint and an answer
dismissed because after you can just file the excess is filed, the matters are deemed controverted. Hence, there
before the appropriate court. is no need to file a reply.
In Calo V. Ajax, defendant has a bigger credit than that of If a party’s claims and defenses are not based on an
the plaintiff’s claim. The defendant will raise only the claim actionable document, there is no need to file for a
to have the case dismissed- but he cannot ask the court reply
to grant an affirmative defense on the excess amount
since that is already beyond the jurisdiction of the Court Q: Juan got hit by a car. Since there is no document
(Calo v Ajax, G.R. No. L-22485, March 13, 1968). evidencing that Juan got hit by a car, Juan’s action is
not based on an actionable document and his defense is
SECTION 8: CROSS-CLAIM premised on negligence. Is there a need to file for a
↳ co party
-
us .
co -
party reply?
A cross-claim is any claim by one party against a co- party
arising out of the transaction or occurrence that is the subject A: NO. There is no need to file a reply because the claim or
matter either of the original action or of a counterclaim defense is not based on an actionable document. The
therein. Such cross-claim may cover all or part of the original pleading stops and all matters are deemed controverted.
claim (Rule 6, Section 8, RoC).
Q: Pedro files a complaint. The reply is based on an
actionable document, can Pedro file another pleading to
There must be more than 2 parties in a cross-claim
answer if he wants to contest the due execution that was
raised in the reply? If so, what is the title of the pleading?
If the cross-claim is permissive, then the other defendant will
have to answer the cross-claimant. He will have to defend
A: YES. The pleading is called a REJOINDER.
himself also against the cross-claimant.
Example: Harry sued Sal and Mocha- solidary liability. The

SECTION 11: THIRD (FOURTH, ETC.)- PARTY
judgment can be enforced against either Sal or Mocha. COMPLAINT
When Sal files an answer, he will raise a counterclaim
against Harry and in the possibility that Sal will be adjudged A third (fourth, etc.)- party complaint is a claim that a
liable, then Sal should do his cross-claim against Mocha- defending party may, with leave of court, file against a person
which means Mocha should be held liable for the amount she not a party to the action, called the third (fourth, etc.)- party
is supposed to contribute because as between Mocha and defendant for contribution, indemnity, subrogation or any
Sal, the obligation shall be joint. other relief, in respect of his or her opponent’s claim.
SECTION 9: COUNTER-COUNTERCLAIMS AND The third (fourth, etc.)- party complaint shall be denied
COUNTER-CROSS CLAIMS admission, and the court shall require the defendant to
institute a separate action, where: (a) the third (fourth, etc.)-
party defendant cannot be located within thirty (30) calendar
A counterclaim may be asserted against an original counter-
days from the grant of such leave; (b) matters extraneous to
claimant.
the issue in the principal case are raised; or (c) the effect

would be to introduce a new and separate controversy in 2. Indemnification
the action (Rule 6, Section 11, RoC).
With respect to the opponent’s claim- here, the third party
Third (fourth, etc.)- party complaint complaint should have a relation to the original complaint
According to the new rules, a third party complaint will be
When a third party complaint is filed, the third-party denied if it introduces a new and separate matter since it
complaint must be necessarily connected with the original will only delay the proceeding.
action. It is not something that is foreign. A new party is
brought for purposes of-0contribution or indemnity. 3. Subrogation
When a third party defendant cannot be located
A third party complaint may not be filed if the purpose is (summons were not served) the court will disallow the
other than CISO because that will result to introducing an third party complaint without prejudice to the third party
extraneous matter which will only delay the resolution of defendant filing a separate action.
the original action.
Example: Koko and Joy borrowed 1 million from Ping.
Filing a motion for a third party complaint is not a right. It Ping only sued Koko. Koko wants to bring the other surety
is subject to approval of the Court (Insurance vs. Castro, (Joy) because she wants to recover the contribution.
G.R. No. 195728, April 19, 2016). Since this is a third party complaint, such complaint is
considered as an initiatory pleading and because it is an
“Leave of court” means that permission should be asked initiatory pleading, the third party defendant must pay the
first. When a party files a third party complaint, such party filing fee upon approval by the Court of the third party
files a motion to admit third party complaint and attaches complaint.
it to his proposed third party complaint. Since he is asking
permission from the Court, the third party complaint will Since Koko is bringing in another party, summons will
not come to existence if the Court elects to reject it. If it is have to be issued against the third party defendant and if
granted, summons will be served on the third party the court cannot locate the whereabouts of the defendant
defendant because he is bringing in a new person into the 30 calendar days from the time the motion to admit third
case. party complaint, then the court will withdraw and just allow
the filing of it elsewhere so as not to delay the proceedings
Q: Santino filed a collection case against Enrique. on the main complaint.
Enrique now would want to implead Malena because
Malena is liable by way of contribution. This is a case 4. Other relief, in respect of his or her opponent’s
of personal action. Santino lives in Manila while claim.
Enrique lives in Makati. The case was filed in Manila
because Santino elected to file it in Manila. Malena NOTE: When you file a third party complaint, the third
lives in Zamboanga. Can Malena now file an answer party complaint need not be based on the same theory as
with affirmative defense that venue was improperly that in the main complaint. It can be a different theory
laid since she lives in Zamboanga and yet the case altogether.
was filed in Manila and the third party plaintiff lives in
Makati? The main complaint relates to a contract of carriage, the
third party complaint which was instituted by the
If you were the judge, would you grant the affirmative defendant was based on torts so it need not be the same
defense of venue improperly laid? theory as that of the first (Philtranco Service
Enterprises v. CA, G.R. No. 161909, April 25, 2012).
A: NO. Malena’s case is merely an auxiliary proceeding.
Being an auxiliary proceeding, it is therefore dependent on Requisites for a third party action
the venue of the original action.
1. That the party to be impleaded is not yet a party to the
Q: What if the total amount is 1 million but the third party action.
defendant is only asking for the contribution of
P300,000, does the court have jurisdiction over the third 2. The claim against the third party defendant must belong to
party complaint? the original defendant.
A: YES. Because a third party complaint is merely an 3. There should be a necessary connection between the
auxiliary proceeding which is dependent on the main action. claim of the defendant against the third party defendant and
it is a relation with a claim of the plaintiff.
When will the court grant the motion for a third party
complaint? C- I- S- O NOTE: Even if the third party complaint is instituted against
someone who is not a party to the complaint, the very third
1. Contribution party complaint must arise from the original complaint.
Extraneous matters should not be introduced in a SECTION 2: BODY

third- party complaint
The body sets forth:
Q: Jhemerlyn filed a case for contract of carriage against 1. Its designation;
Cong, a driver. Cong filed a third party complaint against 2. The allegations of the party’s claim or defenses;
Ivana since Ivana borrowed money from Cong. Will the 3. The relief prayed for; and
third- party complaint prosper? The date of the pleading (Rule 7, Section 2, RoC).
A: NO. The third- party complaint should be DENIED. It SECTION 3: SIGNATURE AND ADDRESS
should be in relation to the original complaint. Here, an
extraneous matter was introduced.
Every pleading and other written submissions to the court
must be signed by the party or counsel representing him
SECTION 12: BRINGING NEW PARTIES
or her.
When the presence of parties other than those to the original
action is required for the granting of complete relief in the The signature of counsel constitutes a certificate by
determination of a counterclaim or cross-claim, the court him or her that:
shall order them to be brought in as defendants, if jurisdiction
over them can be obtained (Rule 6, Section 12, RoC). 1. he or she has read the pleading and document; and
2. that to the best of his or her knowledge, information,
SECTION 13: ANSWER TO THIRD (FOURTH, ETC.)- and belief, formed after an inquiry reasonable under
PARTY COMPLAINT the circumstances:
a. It is not being presented for any improper
A third (fourth, etc.)- party defendant may allege in his or her purpose, such as to harass, cause
answer or his or her defenses, counterclaims or cross-
unnecessary delay, or needlessly increase
claims, including such defenses that the third (fourth, etc.)-
party plaintiff may have against the original plaintiff’s claim. the cost of litigation;
In proper cases, he or she may also assert a counterclaim b. The claims, defenses, and other legal
against the original plaintiff in respect of the latter’s claim contentions are warranted by existing law
against the third- party complaint (Rule 6, Section 13, RoC). or jurisprudence, or by a non-frivolous
argument for extending, modifying, or
RULE 7: PARTS AND CONTENTS OF A PLEADING reversing existing jurisprudence;
c. The factual contentions have evidentiary
Parts of a Pleading support or, if specifically so identified, will
likely have evidentiary support after
1. Caption; availment of the modes of discovery under
2. Body: these rules; and
a. Paragraphs d. The denials of factual contentions are
b. Heading warranted on the evidence or, if specifically
c. Relief so identified, are reasonable based on
d. Date; belief or a lack of information.
3. Signature and address;
4. Verification; and In case the court finds the counsel in violation of Rule
7:
5. Certification against forum shopping
The court may impose an appropriate sanction or refer
SECTION 1: CAPTION such violation to the proper office for disciplinary action,
on any attorney, law firm, or party that violated the rule, or
The caption contains the following: is responsible for the violation.
1. Name of the court;
2. Title of the action; and Sanction shall include, but not limited to:
3. Docket number if assigned.
1. Non-monetary directive or sanction;
NOTE: The title of the action indicates the names of the 2. An order to pay a penalty in court; or
parties. They shall all be named in the original complaint or
3. If imposed on motion and warranted for effective
petition; but in subsequent pleading, it shall be sufficient if
the name of the first party on each side be stated with an deference, an order directing payment to the
appropriate indication when there are other parties (Rule 7, movant of part or all the reasonable attorney’s
Section 1, RoC).
fees and other expenses directly resulting from 3. Lacks a proper verification
the violation, including attorney’s fees for the filing An unsigned pleading is deemed as not filed at all.
of the motion for sanction.
An unsigned pleading produces no legal effect. However, the
court may, in its discretion, allow such deficiency to be
GR: A law firm shall be held jointly and severally liable for remedied if it shall appear that the same was due to mere
a violation committed by its partner, associate, or inadvertence and not intended for delay (Sameer Overseas
employee. Placement Agency v. Santos, G.R. No. 152579, August 4,
XPN: When exceptional circumstances exist. 2009).
NOTE: It is the duty of the counsel to verify the Where there is an absence of verification in a pleading, the
truthfulness of the client’s pleading and other written remedy is to file a motion to have such pleading be
submission. Otherwise, the counsel may be held verified by the pleader (Quimpo v. de la Victoria, G.R. No.
personally liable. L-31822, July 31, 1972).
SECTION 4: VERIFICATION SECTION 5: CERTIFICATION AGAINST FORUM

SHOPPING
GR: Pleadings need not be under oath or verified.
It is an act of a party in which he repeatedly avails himself of
XPN: But all pleadings submitted under Rules on several judicial remedies in different courts, simultaneously
Summary Procedure must be verified. or successively, all substantially founded on the same
transaction and the same essential facts and circumstances,
How pleadings are verified: and all raising substantially the same issues either pending
in or already resolved adversely by some other court (Chua
It is verified by an affidavit of an affiant duly authorized to v. Metropolitan Bank & Trust Company, G.R. No. 182311,
sign said verification. August 19, 2009).
The affiant may either be:
1. The counsel; or Elements of forum shopping:
2. The party-pleader
SEA .
1. Identity of parties, or at least such parties
→
The authorization of the affiant to act on behalf of a party, representing the same interests in both actions;
whether in the form of a secretary’s certificate or a special 2. Identity of rights asserted and reliefs prayed for, the
power of attorney, should be attached to the pleading, and relief being founded on the same facts; and
shall allege the following attestations: 3. The identity of two preceding particulars, such that
any judgment rendered in the other action will,
1. The allegations in the pleading are true and correct
regardless of which party is successful amount to
based on his or her personal knowledge, or based res judicata in the action under consideration (Buan
on authentic documents; v. Lopez, G.R. No. 75349, October 13, 1986).
2. The pleading is not filed to harass, cause
unnecessary delay, or needlessly increase the cost Who executes:
of litigation; and 1. Indispensable Party
3. The factual allegations therein have evidentiary 2. Necessary Party
support or, if specifically so identified, will likewise 3. If a misjoined party executes, no problem.
have evidentiary support after a reasonable
opportunity for discovery. Execution of certification against forum shopping
NOTE: If it is a juridical entity that is supposed to verify, it GR: It must be the party-pleader, not the counsel, who shall
shall execute a board resolution empowering a sign the certificate of non-forum shopping.
representative to execute the required verification. XPN: If, however, for reasonable or justifiable reasons, the
party-pleader is unable to sign, he must execute a Special
Significance of the signature of the affiant Power of Attorney designating his counsel of record to sign
on his behalf (Anderson v. Ho, G.R. No. 172590, July 7,
It shall serve as a certification of the truthfulness of the 2013).
allegations in the pleading.
Unsigned pleading The authorization of the affiant to act on behalf of a party may
be in the form of:
A pleading is treated as an unsigned pleading if it is required 1. A secretary’s certificate; or
to be verified that contains a verification: 2. A special power of attorney (Rule 7, Section 5,
1. Based on “information and belief”; or
RoC).
2. Upon “knowledge, information and belief”; or
However, the following officials or employees can sign the
Undertakings of a party under the certification verification and certification without the need of a board
against forum shopping: resolution:
1. That the party has not commenced any action or any 1. The Chairperson of the Board of Directors;
claim involving the same issues in any court, tribunal 2. The President of a Corporation;
or quasi-judicial agency and, to the best of his or her 3. The General Manager or Acting General Manager;
knowledge, no such other action or claim is pending; 4. Personnel Officer; and
2. If there is such other pending action or claim, a 5. An Employment Specialist in a labor case (Cagayan
complete statement of the present status; and Valley Drug Corporation v. CIR, G.R. No. 151413,
3. If he or she should thereafter learn that the same or February 13, 2008).
similar action or claim has been filed or is pending,
he or she shall report that fact within 5 calendar days The rationale in justifying the authority of corporate
to the court wherein his or her aforesaid complaint officers or representatives of the corporation to sign the
or initiatory pleading has been filed. verification or certificate against forum shopping is
because they are in a position to verify the truthfulness
When there are two or more plaintiffs in a pleading and correctness of the allegations in the petition.
All of them must execute the certification of non-forum Non-compliance with the rules on forum shopping
shopping (Loquias v. Office of the Ombudsman, G.R. No.
139396, August 15, 2000). ②
It shall not be curable by mere amendment of the complaint
or other initiatory pleading but shall be cause for the
XPN: Under reasonable or justifiable circumstances, as dismissal of the case without
- _
prejudice. may be filed again
~>
when all the plaintiffs or petitioners share a common interest

and invoke a common cause of action or defense, the When there are several petitioner, it is insufficient that only
signature of only one of them in the certification against one of them executes the certification, absent a showing that
forum shopping substantially complies with the Rule (Heirs he was authorized by the others. The certification requires
of Dinglasan v. Ayala Corp., G.R. No. 204378, August 5, personal knowledge and cannot be presumed that the
2019). signatory knew that his co-petitioners had the same actions
filed or pending. Hence, a certification that was signed
Example: When the petitioners are husband and wife, and without proper authorization is defective and is a valid cause
the subject property in the case belongs to the conjugal for dismissal (Fuentabella v. Castro, G.R. No. 150865,
property of the said petitioners, the Certificate of Non-Forum June 30, 2006).
Shopping signed by one of the spouses is deemed to
constitute substantial compliance with the Rules (Docena v. Without the presence of the notary upon the signing of the
Hon. Lapesura, G.R. No. 140153, March 28, 2001). Verification and Certification against Forum Shopping, there
is no assurance that the petitioner swore under oath that the
Reason for the exception: The interest of the petitioner- allegations in the petition have been made in good faith or
spouses is closely intertwined given that they are husband are true and correct and not merely speculative. Thus, the
and wife and that each of them is a co-administrator of the absence of the notary when petitioner allegedly affixed her
property under the Family Code and an administrator of the signature also negates a proper attestation that forum
property under the Civil Code. Therefore, the spouse who shopping has been committed by the filing of the petition.
signed the certification can validly represent the interest of Thus, the petition is, for all intents and purposes, an
the other spouse. unsigned pleading that does not deserve the cognizance of
the Court (De Lima v. Hon. Guerrero, G.R. No. 229781,
Reason as to why only the party-litigants must sign October 10, 2017).
the certification:
Non-compliance with any of the undertakings or
It is because such party-litigants have the best position to submission of a false certification
know whether there are other cases filed.
It shall constitute indirect contempt of court, without
When the plaintiff is a juridical entity prejudice to the corresponding administrative and criminal
① if failure to
comply w/ requirements
actions.
>
-
prejudice
case will be dismissed w/o
y
② if false certification
-
will constitute indirect contempt counsel
still explain
,
may
The certification against forum shopping is executed by a ③ if deliberate forum
shopping
properly authorized person. It is required that a board Consequence of forum shopping -
ground
criminal &
for
summary dismissal
administrative sanctions
, direct contempt ,
resolution empowering such person to execute the

certification or a secretary’s certificate must be appended 1. If the acts of the party or his or her counsel
to the certificate of non-forum shopping. constitute willful and deliberate forum shopping,
the same shall be ground for summary dismissal
with prejudice and shall constitute direct
contempt, as well as a cause for administrative
sanctions. Manner of making allegations in pleadings
2. If the forum is not considered willful and Every pleading shall contain in a methodical and logical
form, a plain, concise and direct statement of the ultimate
deliberate, the subsequent case shall be facts, including the evidence on which the party pleading
dismissed without prejudice, on the ground of relies for his or her claim or defense, as the case may be.
either litis pendentia or res judicata (Chua v. If a cause of action or defense relied on is based on law,
Metropolitan Bank and Trust Company, G.R. the pertinent provisions thereof and their applicability to
No. 157867, December 15, 2009). him or her shall be clearly and concisely stated (Rule 8,
Section 1, RoC).
Q: Is the certificate of non-forum shopping required Two Kinds of Facts under the Rules on Pleading
in other pleadings besides complaint?
1. Ultimate facts
A: YES. Certificate of non-forum shopping is also required
The ultimate facts refer to the essential facts of the claim.
to be executed in initiatory pleadings. A fact is essential if it cannot be stricken out without leaving
the statement of the cause of action inadequate (Ceroferr
Examples of initiatory pleadings: Realty Corporation vs. Court of Appeals, 376 SCRA
1. Permissive counterclaim 144). The ultimate facts do not refer to the details of
2. Complaint probative matter or to the particulars of evidence by which
3. Original special civil action for certiorari the material elements are to be established. They are the
4. Prohibition on mandamus principal, determinate, constitutive facts, upon the
existence of which, the entire cause of action rests
(Tantuico, Jr. v. Republic, 204 SCRA 428).
The certification against forum shopping is required only
in complaint or other initiatory pleading. The ex parte 2. Evidentiary facts
petition for the issuance of a writ of possession is not an
initiatory pleading. As an incident or consequence of the Those facts which are necessary for determination of the
original registration or cadastral proceedings, the motion ultimate facts; they are the premises upon which conclusions
or petition for the issuance of a writ of possession, not of ultimate facts are based (Womack v. Industrial Comm.,
being an initiatory pleading, dispels the requirement of a 168 Colo. 364).
forum-shopping certification (Metropolitan Bank & Trust
Company v. Santos, G.R. No. 157867, December 15, NOTE: Both kinds of facts must be alleged in every pleading.
2009). If, upon the filing of the pleading, evidentiary facts are yet to
be discovered, a statement must be made that the evidentiary
facts will be produced through the modes of discovery.
Compulsory counterclaim do not need the execution of
certification of non-forum shopping. Meanwhile, a claim
SECTION 2: ALTERNATIVE CAUSES OF ACTION OR
for non-payment of hospital bills is a permissive
DEFENSES
counterclaim. Therefore, being a permissive
counterclaim, plaintiffs need to execute a certification of
A party may set forth two or more statements of a claim or
non-forum shopping (Sto. Tomas University v. Surla, defense alternatively or hypothetically, either in one
G.R. No. 129718, August 17, 1998). cause of action or defense or in separate causes of action
or defenses.
SECTION 6: CONTENTS When two or more statements are made in the alternative
and one of them if made independently would be
In addition to the requirements mandated by Section 2, sufficient, the pleading is not made insufficient by the
Rule 7, every pleading stating a party’s claim or defenses insufficiency of one or more of the alternative statements
shall state: (Rule 8, Section 2, RoC).
1. Names of witnesses who will be presented to
prove a party’s claim or defense; Alternative Causes of Action
2. Summary of witnesses’ testimonies; and
3. Documentary and objective evidence in support Rule 8, Section 2 recognizes that the liability of the
defendant may possibly be based on either one of two or
of the allegations contained in the pleading (Rule more possible causes of action.
7, Section 6, RoC).
The plaintiff may, for example, believe that the liability of
RULE 8: MANNER OF MAKING ALLEGATIONS IN the carrier may be based either (1) on a breach of contract
PLEADINGS of carriage or (2) on a quasi-delict, but he may not be
certain which of the causes of action would squarely fit the
SECTION 1: IN GENERAL
CIVIL PROCEDURE REVIEWER what
If not sure cause
, of action to file
set of facts alleged in the complaint, although he is certain Precedent
that he is entitled to relief. He may therefore, state his In any pleading, a general averment of the performance
causes of action in the alternative. Rule 8, Sec. 2, in or occurrence of all conditions precedent shall be
effect, relieves a party from being compelled to choose sufficient (Rule 8, Section 3, RoC).
only one cause of action (Riano, 2014).
SECTION 4: CAPACITY
Inconsistent Causes of Actions is Permissible
Only natural and juridical persons can be sued or can sue.
Pleading alternative causes of action normally leads to
inconsistent claims. For instance, the elements of a cause Facts showing the capacity of a party to sue or be sued or
of action based on a contractual theory are inconsistent the authority of a party to sue or be sued in a representative
with those of a cause of action based on a quasi-delict. capacity or the legal existence of an organized association
As previously discussed, a suit based on a breach of of persons that is made a party, must be averred.
contract of carriage for example, does not require an
allegation and proof of negligence because it is not an A party desiring to raise an issue as to the legal existence of
any party or the capacity of any party to sue or be sued in a
element of a breach of contract suit. On the other hand,
representative capacity, shall do so by specific denial, which
negligence, as a rule, is an essential element of a suit
shall include such supporting particulars as are peculiarly
based on a quasi-delict. Under Sec. 2 of Rule 8, this within the pleader’s knowledge (Rule 8, Section 3, RoC).
situation is permissible as long as the allegations pleaded
within a particular cause of action are consistent with the Determination of the capacity to sue or be sued
cause of action relied upon as an alternative. Thus, if the
alternative cause of action is a breach of contract, the Reading of the allegations in the complaint. Capacity of
allegations therein must support the facts constituting the the complainant and the defendant must be stated in the
breach of the contract. complaint.
Alternative Defenses Natural Persons
Sec. 2 of Rule 8 authorizes not only alternative causes of Capacitated to sue or be sued when the person is of legal
action. The rule likewise permits alternative defenses. age.
Thus, a defendant may assert the defense of payment of
the debt or the prescription of said debt. XPNs:
1. Minor – must be represented by the parents or a
SECTION 3: CONDITIONS PRECEDENT guardian ad litem. The suit must be in the name of
the minor, but represented by the said parents or
Conditions precedent are matters which must be
guardian ad litem. (ex: AAA as represented by her
complied with before a cause of action arises. When a
father BBB)
claim is subject to a condition precedent, the compliance
of the same must be alleged in the pleading (Rule 8, 2. Insane – must be represented by a guardian ad
Section 3, RoC). litem.
Examples of Conditions Precedent NOTE: Despite being incapacitated, the complaint must still
be in their name.
1. A tender of payment is required before making a
Domestic Corporations
consignation.
2. Exhaustion of administrative remedies is required in To have the required capacity, Domestic Corporations
certain cases before resorting to judicial action. must be organized under the laws of the Philippines.
3. Prior resort to barangay conciliation proceedings is
necessary in certain cases. Foreign Corporations
4. Earnest efforts toward a compromise must be
undertaken when the suit is between members of the To have the required capacity, a Foreign Corporation
must:
same family and if no efforts were in fact made, the
1. Organized under a foreign law and is licensed to
case must be dismissed.
do business in the Philippines; or
5. Arbitration may be a condition precedent when the
2. If not doing business in the Philippines, the
contract between the parties provides for arbitration
Foreign Corporation must be suing under an
first before recourse to judicial remedies.
isolated transaction.
Manner of Alleging Compliance with Conditions
In the case of Antam Consolidated v. CA, G.R. No. L- particulars would necessarily include the specific acts of
61523, July 31, 1986, the Supreme Court ruled that the fraud committed against the plaintiff would help apprise the
transactions entered into by the respondent with the judge of the kind of fraud involved in the complaint (Riano,
petitioners are not a series of commercial dealings which 2016).
signify an intent on the part of the respondent to do
business in the Philippines but constitute an isolated one Averments of Malice, Intent, Knowledge or Other
which does not fall under the category of "doing condition of the mind of a person
business." The records show that the only reason why the
respondent entered into the second and third transactions The circumstances may be averred generally (Rule 8,
with the petitioners was because it wanted to recover the Section 5, RoC).
loss it sustained from the failure of the petitioners to
deliver the crude coconut oil under the first transaction Reason: The rule is borne out of human experience.
and in order to give the latter a chance to make good on Difficult to state the particulars constituting the conditions
their obligation. of the mind of a person (Riano, 2016).
In the case of Steelcase, Inc. v. Design International Specifically alleged with particularity
Selections, Inc., GR. No. 171995, April 18, 2012, the
Supreme Court ruled that one act appointing a 1. Fraud and mistake (Rule 8, Section 5, RoC); and
representative or distributor domiciled in the Philippines 2. Capacity (Rule 8, Section 4, RoC).
which transacts business in the representative’s own
name cannot be deemed not deemed as not “doing Generally alleged:
business” absence full control. Design International is
merely an independent contractor. 1. Conditions precedent (Rule 8, Section 3, RoC);
2. Malice, intent, knowledge or other conditions of the
Lack of Capacity to Sue v. Lack of Personality to Sue mind (Rule 8, Section 5, RoC); and
3. Judgment of a domestic or foreign court, judicial or
LACK OF LEGAL LACK OF PERSONALITY quasi-judicial tribunal, or of a board or officer.
CAPACITY TO SUE TO SUE
Provided, an authenticated copy of the judgment or
Plaintiff’s general The fact that the plaintiff is decision shall be attached to the pleading (Rule 8,
disability to sue on not a real party in interest Section 6, RoC).
account of minority, (Columbia Pictures, Inc.
insanity. v. CA, G.R. No. 110318, SECTION 5: JUDGMENT
August 28, 1996).
The plaintiff does not Domestic and Foreign Judgment
have the necessary Remedy: File an answer
qualifications (Columbia and raise as an affirmative 1. Sufficient to aver the judgment or decision without
Pictures, Inc. v. CA, defense that the complaint setting forth the matter showing jurisdiction to
G.R. No. 110318, August states no cause of action. render it;
28, 1996). 2. _
Attaching an authenticated copy of the judgement or
decision in the pleading (Rule 8, Section 6, RoC).
Remedy: File an answer
and raise lack of capacity NOTE: The rule requires that the authenticated copy of the
to sue as an affirmative decision is attached in the pleading. Such authenticated copy
defense. need not be consularized. The Philippines is a member of
the Hague Convention which abolished the requirement of
SECTION 4: FRAUD, MISTAKE, CONDITION OF THE the legalization for foreign public document. It is sufficient if
MIND the authenticated copy is apostilled.
Averments of Fraud or Mistake Under Sec. 3(n), Rule 131, there is a presumption, even
though disputable, that a “court, or judge acting as such,
The circumstances constituting fraud or mistake must be whether in the Philippines or elsewhere, was acting in the
stated with particularity (Rule 8, Section 5, RoC). lawful exercise of jurisdiction.” (Riano, 2016)
In case of ambiguity or failure to alleged the SECTION 7: ACTION OR DEFENSE BASED ON

circumstances constituting the fraud or mistake, the DOCUMENT
remedy is to file a Motion for Bill of Particulars.
A written document used as basis for the cause of action
Under Sec. 5, Rule 8, the complaint must state with or for the defense (ex.: written contract of lease,
particularity the fraudulent acts of the adverse party. These promissory note).
""
"
Action or defense based on an actionable document The signature in the document is voluntarily and
knowingly affixed; that it is genuine; and that the party
1. Substance of such instrument or document shall who executed the document has authority to sign.
be set forth in the pleading; and
2. Original or a copy of the document shall be Defenses cut off by the admission of genuineness
and due execution
attached to the pleading as an exhibit. (Rule 8,
Section 7, RoC). When a party is deemed to have admitted the genuineness
and due execution of an actionable document, defenses that
Note: A party can only file a reply when the answer is are implied from the said admission are necessarily waived
based on an actionable document. (ex. Forgery, lack of authority to execute the document, party
charged signed the document in some other capacity, that
SECTION 8: HOW TO CONTEST SUCH DOCUMENT the document was never delivered, or the document was not
in words and figures as set out in the pleadings) (Hibberd v.
1. By specifically denying the due genuineness Rohde and McMillian, G.R. No. 8418, December 9, 1915).
and
g
and due execution of the document under oath;
Defenses not cut off by the admission of genuineness
and due execution
2. By setting forth what the party claims to be the
facts 1. Payment or non-payment;
2. Want of consideration; (Bough and Bough v.
When an action or defense is founded upon a written Cantiveros, G.R. No. 13300, September 29, 1919)
instrument, or attached to the corresponding pleading, the 3. Illegality of consideration;
genuineness and due execution of the instrument shall be 4. Usury;
deemed admitted (Rule 8, Section 8, RoC). 5. Fraud; (Bough and Bough v. Cantiveros, ibid.)
6. Statute of Limitation;
Mere statement of “specifically deny” and “for being self- 7. Duress;
serving and pure conclusions” do not constitute and 8. Imbecility;
effective denial (Go Tong Electrical Supply v. BPI, G.R. 9. Mistake;
No. 187487, June 29, 2015). 10. Minority;
11. Compromise; and
When an oath is not required
12. Estoppel. (Hibberd v. Rohde and McMillian, supra.)
The requirement of a specific denial under oath will not These defenses are not consistent with the admission of the
apply in the following: genuineness and due execution of the instrument, and not,
therefore, barred. (Hibberd v. Rohde and McMillian, supra.)
1. Adverse party does not appear to be a party to
the instrument; or SECTION 9: OFFICIAL DOCUMENT OR ACT
2. Compliance with an order for an inspection of the
original instrument is refused (Rule 8, Section 8, Official document or act
RoC). Sufficient to aver that the document was issued or the act was
done in compliance with law.
Technical Admission
SECTION 10: SPECIFIC DENIAL
The failure of a party to specifically deny the genuineness
and due execution of the instrument will give rise to a Types of Specific Denial
technical admission that the said document is genuine
and is duly executed. 1. Absolute Denial
NOTE: If the answer does not comply with the Defendant must specify each material allegation of
requirements of a specific denial, the answer fails to fact the truth of which he or she does not admit and,
tender an issue. (See Rule 35) whenever practicable, shall set forth the substance
of the matters upon which he or she relies to support
Genuineness his or her denial.
The instrument is no spurious or different. 2. Partial Denial
Due execution
Defendant must specify so much of it as is true and
material and shall deny only the remainder. XPN: Allegations as to the amount of unliquidated damages.
3. Disavowal of Knowledge SECTION 12: AFFIRMATIVE DEFENSES
Defendant alleges that he is without knowledge or Affirmative Defenses

information, thus, he shall so state, and this shall
have the effect of a denial. Grounds under Rule 8:
Form of denial must be availed of with sincerity and 1. Lack of jurisdiction over the defendant;
good faith, not for the purpose of confusing the other 2. Improper venue;
party, nor for purposes of delay (Warner Barnes vs. 3. No legal capacity to sue;
Reyes, G.R. No. L-9531, May 14, 1958). 4. No cause of action stated;
5. Condition precedent for filing the claim has not
Specific Denial
been complied with
The mere statement the Answer, i.e., that they
"specifically deny" the pertinent allegations of the Other Grounds under Rule 6:
Complaint does not constitute an effective specific denial
1. Lack of jurisdiction over the subject matter,
as contemplated by law. Verily, a denial is not specific
simply because it is so qualified by the defendant. Stated 2. Litis pendentia;
otherwise, a general denial does not become specific by 3. Res judicata;
the use of the word "specifically" (Go Tong Electrical 4. Fraud;
Supply, Inc. vs BPI, G.R. 187487, June 29, 2015). 5. Statute of limitations;
6. Release;
Negative pregnant 7. Payment;
8. Illegality;
Form of negative expression which carries with it an affirmation 9. Statute of frauds;
or at least an implication of some kind favorable to the adverse 10. Estoppel;
party. In sum, he admits more than what he denies. 11. Former recovery;
12. Discharge in bankruptcy;
A denial in the form of a negative pregnant is an ambiguous
13. Any other matter by way of confession and avoidance.
pleading, since it cannot be ascertained whether it is the fact or
only the qualification that is intended to be denied (41 Am. Jur.
429). Waiver of affirmative defenses
Thus, such negative pregnant implies or carries within it an Failure to raise the affirmative defenses at the earliest
admission. opportunity shall constitute a waiver thereof.
Illustration: As to the other affirmative defenses under the first

paragraph of Section 5(b), Rule 6
COMPLAINT ANSWER
Plaintiff entered into a Defendant denies that he The court may conduct a summary hearing within 15
Contract of Absolute Sale entered into a Contract of calendar days from the filing of the answer. Such affirmative
with the Defendant over a Absolute Sale with the defenses shall be resolved by the court within 30 calendar
property amounting to Plaintiff over a property days from the termination of the summary hearing.
P500,000 on January 7, amounting to P500,000 on
2019 located in January 7, 2019 located in Denial of Affirmative Defenses; Prohibitions
Sampaloc, Manila. Sampaloc, Manila.
Denial of affirmative defenses shall not be the subject
of:
The answer is a mere repetition of the allegations made
in the complaint. The answer is vague as to what it really 1. Motion for reconsideration;
denies. 2. Petition for certiorari;
3. Prohibition; and
SECTION 11: ALLEGATIONS NOT SPECIFICALLY 4. Mandamus.
DENIED DEEMED ADMITTED
These prohibitions stem from the fact that the order of
GR: Material averments in a pleading asserting a claim or denial is an interlocutory order.
claims not specifically denied are deemed admitted.
Such denial of affirmative defenses will not hinder the RULE 9, SECTION 2: FAILURE TO PLEAD A
court from continuing with the trial. COMPULSORY COUNTERCLAIM AND CROSS-
CLAIM
Remedy on Denial of Affirmative Defenses
General rule: A compulsory counterclaim, or a cross-
Assign the order of denial as among the matters to be claim, not set up shall be barred (Rule 9, Section 2,
raised on appeal after a judgment on the merits. RoC).
SECTION 13: STRIKING OUT OF PLEADING OR Exception: When a pleader fails to set up a counterclaim
MATTER CONTAINED THEREIN or cross-claim through oversight, inadvertence, or
excusable neglect, or when justice requires, he may, by
The court may order any pleading to be stricken out or leave of court, set up the counterclaim or cross-claim by
that any sham or false, redundant, immaterial, amendment before judgment (Sec. 10, Rule 11).
impertinent, or scandalous matter be stricken out
therefrom: Compulsory counterclaim
1. Upon motion made by a party before responding Arises out or necessarily connected with the transaction
to a pleading or, if no responsive pleading is or occurrence constituting with the subject matter and
therefore it has a logical connection with the subject
permitted by these Rules;
matter. You must raise it because failure to raise it, it will
2. Upon motion made by a party within 20 calendar be deemed barred.
days after the service of the pleading upon him or
her; Permissive counterclaim
3. Upon the court's own initiative at any time.
General Rule: A counterclaim is permissive if any of the
elements of a compulsory counterclaim is absent, BUT
RULE 9: EFFECT OF FAILURE TO PLEAD
most common feature of a permissive counterclaim is its
SECTION 1: DEFENSES AND OBJECTIONS NOT absence of a logical connection with the subject matter.
PLEADED
Exception: Counterclaim for damages based on culpa
General rule: Defenses and objections not pleaded either aquilana in a case for collection of money.
in the motion to dismiss or in the answer are deemed
waived (Rule 9, Section 1, RoC). Compulsory counterclaim; tests
Exceptions: Based on rules, the court has devised a more complete test:
1. Lack of jurisdiction over the subject matter 1. Are the issues of fact and law raised by the claim
2. Litis Pendentia and the counterclaim largely the same?
3. Res Judicata 2. Would res judicata bar a subsequent suit on
4. Prescription (Rule 9, Section 1, RoC). defendant’s claims, absent the compulsory
counterclaim rule?
Q: What is difference between failure to state a cause 3. Will substantially the same evidence support or
of action and failure to prove a cause of action? refute the plaintiff’s claim as well as the defendant’s
counterclaim?
A: 4. Is there any logical relation between the claim and
the counterclaim?
1. Failure to state cause of action – refers to
“complaint” itself; based on the complaint there is A positive answer to all four questions would indicate the
no cause of action. counterclaim is compulsory. Otherwise, it will be permissive
counterclaim.
Remedy: Raise it as an Affirmative Defense
Examples:
2. Failure to prove a cause of action – it means it
went to trial and plaintiff failed to prove the cause • AAA sues BBB for recovery of track of land, BBB
of action by evidence seeks in turn to be reimbursed the value of the
improvements she has introduced in the same
Remedy: File a Demurrer to Evidence land and the payment of damages she has
sustained as a consequence of the suit.
• Most common compulsory counterclaim is to provided by the ROC (Sablas v. Sablas, G.R. No.
claim in the same suit for his expenses for being 144568, July 3, 2007).
forced to litigate in the face of an allegedly 5. The defending party must be notified of the
unfounded and baseless complaint. motion to declare him in default [Sec. 3, Rule 9]
6. There must be a hearing set on the motion to
RULE 9, SECTION 3: DEFAULT; DECLARATION OF declare the defending party in default (Spouses
de los Santos v. Carpio, G.R. No. 153696,
Failure of the defending party to answer within the time 2006)(1 Riano 364, 2014).
allowed therefor (Sec. 3, Rule 9).
Effect of an order of default
Dual stages of default:
1. The party declared in default loses his standing in
1. Declaration of order of default – If the
the court. This prevents him from taking part in the
defending party fails to answer within the time
trial. While the defendant can no longer take part in
allowed therefor, the court shall, upon motion of
0°
the claiming party with notice to the defending
the trail, he is still entitled to notices of subsequent
proceedings. He may participate in the trial, not as
party, and☐ proof of such failure, declare the party but as a witness (Sec. 3, Rule 9).
defending party in default. 2. The court may either:
2. Rendition of judgment by default – Thereupon, a. Proceed to render judgment granting the
the court shall proceed to render judgment claimant such relief as his pleading may
granting the claimant such relief as his pleading warrant, or
may warrant, unless the court in its discretion
requires the claimant to submit evidence. Such b. Require the claimant to submit evidence; such
reception of evidence may be delegated to the reception of evidence may be delegated to the
clerk of court (Sec. 3, Rule 9). clerk of court (Sec. 3, Rule 9).
Q: When can there be instances that a party be Declaration of default is not tantamount to an
declared in default? admission of the truth or the validity of the plaintiff’s
claims. It is not a waiver of rights except that of being
A: heard and presenting evidence in defendant’s favor.
1. Failure to file an answer within the reglementary
period. 3. A defending party declared in default retains the
2. Failure to comply with modes of discovery. right to appeal from the judgment by default.
However, the grounds that may be raised in such an
When declaration of default is proper appeal are restricted to any of the following:
The rule on default clearly establishes the “failure to a. The failure of the plaintiff to prove the material
answer within the time allowed therefor” as the ground for allegations of the complaint;
a declaration of default (Sec. 3, Rule 9). b. The decision is contrary to law; and
c. The amount of judgment is excessive or
From the tenor of the Rules, default does not technically different in kind from that prayed for (Otero v.
occur from the failure of the defendant to attend either the
Tan, G.R. No. 200134, August 15, 2012).
pre-trial or the trial.
Requisites before a declaration of default: Q: What could be the possible reasons why defendant
opts to be declared in default?
1. The court must have validly acquired jurisdiction
A: For defendant not to be liable for unliquidated
over the person of the defending party, either by
damages and pay what is his obligation.
service of summons or voluntary appearance
2. The defending party must have failed to file his Q: If the defendant filed an answer but failed to appear
answer within the time allowed therefor during trial, what will happen?
3. The claiming party must file a motion to declare
the defending party in default A: The case will proceed and there will be a presentation
4. The claiming party must prove that the defending of evidence EX-PARTE.
party has failed to answer within the period Relief from order of judgment
Q: Pedro, Juan, and Andres borrowed money to Rodolfo. 3
In the case of Otero v. Tan, G.R. No. 200134, August 15, of them joint and severally executed a promissory note.
2012, citing the case of Lina v. CA, G.R. No. L-63397, However, they failed to pay. Rodolfo filed a complaint
against the 3. Juan and Andres did not answer, but Pedro
April 9, 1985, the Supreme Court enumerated the reliefs
filed an answer. Rodolfo filed motion to declare Juan and
that may be availed of by a defendant declared in default. Andres in default. Judge granted the motion. Is the Judge
These are: correct?
1. A party declared in default may at any time after A: NO, the 3 of them is being sued under the same cause of
notice thereof and before judgment file a action. The answer of defendant (Pedro) will inure to the other
non-answering defendants because they are sued in the same
motion under oath to set aside the order of
cause of action. Hence, the other defendant which did not
default upon proper showing that: submit answer cannot be declared in default.
a. His failure to answer was due to fraud,
accident, mistake or excusable Even if the defense raised by Pedro is personal to him e.g.
minority, the others cannot be declared in default for reason that
negligence; and Pedro can present evidence that can inure to the other
b. He has a meritorious defense (Sec. 3(b), defendants.
Rule 9).
RATIO: There could be a possibility of having two conflicting
judgement.
“Meritorious defense” means that the motion
must be accompanied by a statement of the The other defendants who did file an answer may file a motion
evidence which he intends to present if the to admit answer.
motion is granted and which is such as to warrant
a reasonable belief that the result of the case Extent of relief of judgment by default
would probably be otherwise if a new trial is
granted (Kilosbayan v. Janolo, G.R. No. 180543, The reliefs that may be granted in default situations are
July 27, 2010). restricted by Section 3(d) of R9 of the Rules of Court.
In such case, the order of default may be set Thus, if the complaint seeks to recover P1,000,000, but the
aside in such terms and conditions as the judge evidence of plaintiff shows a right to recover of P1,500,000, the
may impose in the interest of justice (Sec. 3(b), court has no authority to grant the latter amount despite
evidence.
Rule 9).
2. If the judgment has already been rendered Why? Because, under the rules, a judgment rendered against a
when the defendant discovered the default, but party in default shall not exceed the amount or be different in
before the same has become final and kinds from that prayed for nor award liquidated damages
executory, he may file (Gochangco v. CFI Negros Occidental, G.R. No. L-49396,
January 15, 1998).
a. A motion for new trial under Sec. 1(a),
Rule 37, or Q: What is the difference between UNLIQUIDATED
b. An appeal from the judgment as being damages and LIQUIDATED damages?
contrary to the evidence or the law. A: UNLIQUIDATED DAMAGES are those which are still subject
to evidence before it can properly be awarded such as the
3. If the defendant discovered the default after the presentation of receipts in terms of actual damages, or taking of
judgment has become final and executory, he testimonies to determine mental anguish or besmirched
may file a petition for relief under Rule 38. reputation in cases of moral damages.
4. These remedies presuppose that defending party LIQUIDATED DAMAGES are those which are already fixed and
was properly declared in default, but it is proof or evidence to establish the same are not required. An
submitted, however, that certiorari will lie when example is an obligation with a penal clause like an agreement
to construct a house and upon failure to finish the same within a
said parry was improperly declared in default.
stipulated period, the contractor is liable for P10,000 for every
day of delay. The amount is already fixed based on the contract
Effect of partial default price and the penalty provided and such other circumstances as
stipulated.
When a pleading asserts a claim against several defending
parties and some file and serve their answers but the others Q: In the complaint, the claim is P300,000. The defendant
do not, the court shall try the case against all the defending defaulted. The court required the plaintiff to present his
parties based on the answer filed and render judgment upon evidence and during the trial, the latter proved P500,000
the evidence presented where the claim states a common total claim. Can the court award P500,000 claim as proved?
cause of action against them.

A: NO. It should only be P300,000 as prayed for in the would show immediately what was amended, e.g.,
complaint. underline.
Q: Suppose during the trial, only P200,000 was Q: What is the effect of filing an amended complaint?
proved. What should be the amount of the default supersedes
judgment? A: The amended complaint vacates the original
-
complaint. The original complaint will not be considered

A: Only P200,000 as proved because it did not exceed the as forming part of the records of the case anymore.
amount prayed for in the complaint.
SECTION 2: AMENDMENTS AS A MATTER OF
Cases where a declaration/order of default cannot be RIGHT
made
Amendments as a matter of right
It is not allowed in following actions:
A party may amend his pleading- once as a matter of right at any
1. Cases involving Intra-corporate controversies; time before a responsive pleading is served or, in the case of a
reply, at any time within ten (10) calendar days after it is served.
0
2. Cases under the Rules on Summary
(Sec. 2, Rule 10)
Proceedings;
3. Cases under Small Claims This section refers to an amendment made before the trial
4. Annulment of marriage investigate there if court, not to amendments before the Court of Appeals. The
]
collusion
Court of Appeals is vested with discretion to admit or deny
is
5. Declaration of nullity of marriage; and amended petitions filed before it (Riano, p. 370, 2019.)
6. Legal separation
Note: A motion to dismiss is not a responsive pleading and its
In cases of Annulment of marriage, Declaration of Nullity filing does not preclude the exercise of the plaintiff’s right to
of Marriage, and Legal Separation, if no answer is filed in amend his complaint (Riano, p. 370, 2019.)
above actions, the court shall order the prosecuting
attorney to investigate whether or not collusion exists Applicability of mandamus
between the parties. If there is no collusion, the court shall
order said prosecuting attorney to intervene for the state The court would be in error if it refuses to admit an
in order to see to it that the evidence submitted is not amended pleading when its exercise is a matter of right.
fabricated. This error is correctible by mandamus because the trial
court’s duty to admit an amended complaint made as a
matter of right is purely ministerial (Riano, p. 370, 2019
RULE 10: AMENDED AND SUPPLEMENTAL ed.).
PLEADINGS
SECTION 1: AMENDMENTS IN GENERAL Introduction of a different cause of action in an
amended complaint; test and its effect
How pleadings are amended
To determine if an amendment introduces a different
Pleadings may be amended in the following manner: cause of action, the test is whether such amendment now
requires the defendant to answer for a liability or
1. By adding or striking out: obligation which is completely different from that stated in
¥
"
the original complaint (Sps. Dioniso v. Linsangan, G.R.
""
a. An allegation; amendments
b. The name of any party; No. 178159, March 02, 2011).
2. By correcting a mistake
Q: A filed the original complaint on June 01, 2019. On
a. In the name of a party;
August 01, 2019, A filed an amended complaint. Will the
3. By correcting a mistake or inadequate: may be
✓ substantial filing of the amended complaint be deemed to retroact to
a. Allegation; the date of filing of the original complaint?
b. Description in any other respect.
A: It depends. When the amended complaint does not
Amendments are allowed so that the actual merits of the introduce the new issues, causes of action, or demands,
controversy may speedily be determined without regard the suit is deemed to have commenced on the date the
to technicalities, and in the most expeditious and original complaint was filed, not on the date of the filing of
inexpensive manner (Sec. 1, Rule 10). the amended complaint.
Put the words ‘Amended Complaint’ so as to distinguish The original complaint is deemed abandoned and
it from the original complaint; put identifying marks that superseded by the amended complaint only if the
amended complaint introduces a new or different cause
of action or demand (Verzosa v. CA, G.R. No. 119511-13,
November 24, 1998). Formal Amendments
NOTE: If the amended complaint was submitted by way 1. A defect in the designation of the parties and
of motion on August 1 and it was approved on September other clearly clerical or typographical errors may
1, it is deemed to have been filed on August 1. be summarily corrected by the court at any stage
of the action;
Significance of the original complaint
2. At the court’s initiative or on motion;
The Amended Complaint takes the place of the original.
The latter is regarded as abandoned and ceases to
3. Provided that no prejudice is caused thereby to
perform any further function as a pleading. The original
complaint no longer forms part of the record. If petitioner the adverse party (Sec. 4, Rule 10).
had desired to utilize the original complaint she should
have offered it in evidence. Having been amended, the
original complaint lost its character as a judicial SECTION 5: NO AMENDMENT NECESSARY TO
admission, which would have required no proof, and CONFORM TO OR AUTHORIZE PRESENTATION OF
became merely an extrajudicial admission, the EVIDENCE
admissibility of which, as evidence, required its formal
offer (Torres v. CA, G.R. No. 197923, June 22, 2015). Court acquires jurisdiction over the issues even if the same
are not alleged in the original pleadings of the parties.
The courts will not rely on the original complaint when it
Example: When the trial of said issues is with the express
was not offered in evidence as the original complaint no
consent of the parties.
longer forms part of the records of the case.
This rule is premised on the fact that evidence had been
When a pleading is amended, the original pleading is introduced on an issue not raised by the pleadings without
deemed abandoned. The original ceases to perform any any objection by the adverse party.
further function as a pleading. The case stands for trial on
the amended pleading only. On the basis of the foregoing, It does not apply when the case was decided on a stipulation
the additional docket fee to be paid by the petitioners of facts in which case the pleadings are not deemed
should be based on their amended complaint (Magaspi amended to conform to the evidence (MWSS v. CA, et al.,
v. Ramolete, G.R. No. L-34840, July 20, 1982). G.R. No. 54526, Aug. 25, 1986).
SECTION 3: AMENDMENTS BY LEAVE OF COURT The trial court should not be precluded from awarding an
amount higher than that claimed in the pleadings
Q: When is leave of court required? notwithstanding the absence of the required amendment,
provided that the evidence of such higher amount has been
A: presented properly, with full opportunity on the part of the
→
1. For an amendment made after service of a opposing parties to support their respective contentions and
to refute each other’s evidence (Northern Cement Corp. v.
responsive pleading; IAC, et al., G.R. No. 68636, Feb. 29, 1988).
2. If the amendment is substantial.
Q: ‘A’ filed a complaint without praying for moral
NOTE: Even if the amendment be with leave of court, it damages, exemplary damages and attorney’s fees. An
still stands to be eventually rejected where such answer was filed, and they went to pre-trial. During the
amendment appears to the court to have been made with pre-trial stage, the issues did not include whether or not
the intent to delay the proceedings (Riano, p. 372, 2019) the defendant should be held liable for moral damages,
exemplary damages and attorney’s fees. Is it a triable
The amendment may substantially alter the cause of issue?
action or defense. This should only be true, however,
when despite a substantial change or alteration in the A: NO. It is not a triable issue. To be a triable issue, it must
be introduced in the pleadings.
cause of action or defense, the amendments sought to be
made shall serve the higher interests of substantial Q: Continuing from the case above, A, during the
justice, and prevent delay and equally promote the presentation of evidence, called a witness to the witness
laudable objective of the rules which is to secure a just, stand. In the judicial affidavit of the witness, it stated that
speedy and inexpensive disposition of every action the testimony of the witness states factual basis for the
and proceeding (Philippine Ports Authority v. WG&A, G.R. grant of moral damages, exemplary damages and
No. 158401, January 28, 2008). attorney’s fees. The other party did not object. Is it a
triable issue?
SECTION 4: FORMAL AMENDMENTS
A: YES. A was able to introduce evidence necessary to SECTION 7: FILING OF AMENDED PLEADINGS
serve as basis for moral damages, exemplary damages
and attorney’s fees. Even if the issue was not generated Amendments to a pleading should be indicated in the
by the pleadings, it could be tried as if it was one of the amended pleading, as by:
issues generated in the pleadings.
1. Underscoring;
Q: Continuing from the case above, is A required to 2. Enclosing them in quotation marks;
move for amendment of the pleading in order for the 3. Putting them in capital letters, and so forth, as would
pleading to be conformed to the evidence presented? make them readily evident.
A: NO. Since the evidence is already part of the records SECTION 8: EFFECT OF AMENDED PLEADINGS
of the case.
Even with the admission of the amended pleading amounts
NOTE: In this case, the other party should have objected to the withdrawal of the original pleading, the latter is not
to the presentation of evidence for the grant of moral expunged, but remains in the record of the case. Reference
damages, exemplary damages and attorney’s fees since can by readily made to the original pleading regarding the
it was not a triable issue in the first place. It only became effect of the amendment.
a triable issue when the other party did not object, which
was considered as an implied consent to make it one of RULE 11: RESPONSIVE PLEADINGS
the triable issues.
When to file responsive pleadings?
SECTION 6: SUPPLEMENTAL PLEADINGS
Answer to a Complaint - within 30 calendar days after
Distinctions between amended and supplemental service of summons, unless there is a different period fixed
pleadings by court. (Sec. 1, Rule 11)
AMENDED PLEADINGS SUPPLEMENTAL NOTE: Period to file an answer when the service of
PLEADINGS summons is made by publication is 60 days after notice.
Refer to facts existing at Refer to facts arising after (Sec. 16 Rule 14)
the time of the the filing of the original
commencement of the pleading. Answer of a foreign corporation defendant - when the
action. summons is made on government officials designated by law
Results in the Does not result in the to receive the same, the period is within 60 calendar days
withdrawal of the withdrawal of the original after the receipt of summons by such entity. (Sec. 2, Rule 11)
original pleading. pleading.
Answer to an amended complaint - if the plaintiff filed it as
Can be made as of a Always with leave of
a matter of right, the period is within 30 calendar days after
right, as when no court.
being served a copy of the amended complaint.
responsive pleading
has yet been filed. If the plaintiff filed it not as a matter of right, the period is
within 15 calendar days from the notice of the order admitting
It is up to the adverse party to decide whether to plead the same.
thereto, provided that if he decides to plead, he must
observe the reglementary period of ten (10) calendar days The same rule shall apply to the answer to an amended
therefor. counterclaim, amended crossclaim, amended third-party
complaint (or fourth, etc. as the case may be), and when it is
A court may allow a party, upon motion, to serve a an amended complaint-in-intervention. (Sec. 3, Rule 11)
supplemental pleading after reasonable notice has
been given to the other party (Leobrera v. CA, G.R. No. Answer to counterclaim or crossclaim - within 20 calendar
80001, February 27, 2989). days from service of the pleading responded to. (Sec. 4, Rule
11)
Supplemental complaint should only supply deficiencies
in aid of an original complaint. It should only contain Note: If the party already has a compulsory counterclaim or
causes of action relevant and material to the plaintiff’s a crossclaim at the time such party files an answer, such
compulsory counterclaim or crossclaim shall be included in
right and which helps the plaintiff’s right or defense. It
the answer. (Sec. 8, Rule 11)
cannot be used to try a new matter or a new cause of
action since it must be based on matters arising
If the party acquired a counterclaim or a crossclaim after
subsequent to the original complaint (Leobrera v. CA,
serving his or her pleading, the party, with permission of
G.R. No. 80001, February 27, 2989).
the court, may present such by supplemental pleading
before the judgment. (Sec. 9, Rule 11)
If the party fails to set up a counterclaim or a crossclaim,
such party may, with leave of court, set up a counterclaim Illustrations:
or crossclaim by amendment before the judgment,
provided however, that there is a showing and justification Q: How many days within which to file an answer?
that such failure was due to oversight, inadvertence,
excusable neglect, or when justice so requires. (Sec. 10, A: It depends. Under Rules on Summary Procedure and
Rule 11) Rules of Small Claims, within 10 days.
Answer to third-party complaint (or fourth, etc. as the In ordinary civil actions, it depends on how the summons was
case may be) - within 30 calendar days after service of served. If it is personally, the period within which to file an
summons, unless there is a different period fixed by court. answer is 30 calendar days after service of summons, unless
a different period is fixed by court. However, if the summons
(Sec. 5, Rule 11)
was served via publication, the period within which to file an
answer will be 60 days after notice of any order granting the
Reply - if allowed under Section 10, Rule 6, within 15 service through publication.
calendar days from service of such pleading responded
to. (Sec. 6, Rule 11) Q: Are there any instances where a foreign corporation
is not served through a government entity as required
Answer to supplemental complaint - within 20 calendar under the rules?
days from notice of the order admitting the same, unless
there is a different period fixed by court. (Section 7) A: Yes. A foreign corporation that is duly-licensed to conduct
business in the Philippines normally should have a resident-
In Delbros Hotel Corporation vs. IAC, the Court stated that agent. The job of a resident-agent is to receive summons. If
a supplemental pleading is not like an amended pleading the summons was served to and received by the resident-
— substitute for the original one. It does not supersede agent, that foreign corporation has a period of 15 calendar
the original, but assumes that the original pleading is to days within which to file an answer to the complaint. If there
stand, and the issues joined under the original pleading is no such resident-agent and the summons was given to the
remain as issues to be tried in the action. government entity exercising supervision over such
corporation, Section 2 of Rule 11 provides that the defendant
Answer in Intervention – within 15 days from the order foreign private juridical entity shall have 60 calendar days
admitting the complaint in intervention, unless a different after the receipt of such summons by the entity.
period is provided.
Q: X filed a complaint. Z filed his answer 10 days after
service of summons. X found a need to amend his
Extension to file an answer - A defendant may be complaint. What should X do next? What will happen?
granted an additional period of not more than 30 calendar
days to file an answer provided that such is for meritorious A: X now needs to file a Motion to File Amended
reasons. Complaint. If such motion is granted, defendant Z will be
given a period of 15 calendar days from notice of the order
NOTE: No party can ask for an extension of time if the admitting the same to file an answer to the amended
pleading to be submitted is not an answer. complaint.
A defendant is only allowed to file one motion for As an answer was already filed previously, such filing of the
extension to file an answer. (Sec. 11, Rule 11) amended complaint is not a matter of right anymore.
Paragraph 2, Section 3 of Rule 11 states that where the filing
In the case of Sps. Barraza vs. Campos, the issue was is not a matter of right, the defendant shall answer the
whether the judge may order the defendant in default amended complaint within 15 calendar days from notice of
when such defendant filed a motion for extension of time the order admitting the same. The period shall be reckoned
to answer. However, instead of filing an answer, such on the day of the notice of the order that admitted such
defendant filed a motion to dismiss. amended complaint, not from the service of summons.
Furthermore, there is no need for a new service of
summons because the court has already acquired
The court stated that it must be remembered that motion
jurisdiction over the person of Z.
to dismiss interrupts, not only original period to plead, but
also the extended period to plead. There is nothing in the
Q: If Z, for whatever reason, did not file an answer to the
rules that provides that the interruption of the running of
amended complaint, what is the effect?
the period within which to file an answer when a motion to
dismiss the complaint is filed and pending before the A: Z will not be declared in default, this is because the
court, refers only to the original period. The motion to court already acquired jurisdiction over his person. His
dismiss was filed before the expiration of the period for original answer will serve as his answer to the amended
filing defendant’s answer as extended by the court, hence complaint. The net effect would be that those matters
there was no legal reason for declaring defendant in default
introduced in the amended complaint will be deemed of merit, and without any allegation that his failure to file an
admitted because there is no denial. answer was due to fraud, accident, mistake, or excusable
negligence.
Q: The last day within which to file an answer to the
complaint of Y happened to fall on June 14, a Sunday, He based his petition on the ground that there was an invalid
W filed his answer the day after. Was the answer service of summons by publication. However, the Supreme
seasonably filed? Court took note that David has voluntarily appeared when he
filed motions for extension to file an Answer. Thus, it is
deemed that there was a valid service of summons and the
A: Yes. If the last day falls on a Saturday, Sunday, or a
trial court has acquired jurisdiction over his person. In effect,
holiday, the deadline will be the next working day.
David effectively waived any defect in the service of
summons.
Q: W filed a motion for extension of time to file an
answer, when will be the reckoning point of the While David used the remedy by filing a motion to set aside
extension? the order of default, the motion was not under oath and there
was no allegation that such failure of filing an answer was
A: The reckoning point will start from the actual deadline due to fraud, accident, mistake, or excusable negligence.
or last day of the period. It does not matter if it fell on a Furthermore, his allegations that he has meritorious
Saturday, Sunday, or a holiday. In this case, the counting defenses is not sufficient. He did not even state what
should start on the original deadline which is June 14, a evidence he intends to present if he was granted.
Sunday.
RULE 12: BILL OF PARTICULARS
Q: When do you file an answer to a 3rd-party
SECTION 1: WHEN APPLIED FOR; PURPOSE
complaint?
Purpose
A: The same rules shall apply. It will be either within 15,
within 30, or within 60 calendar days as the case may be.
Before responding to a pleading, a party may move for a
Q: An answer to a supplemental complaint must be definite statement or for a bill of particulars of any matter,
which is not averred with sufficient definiteness or
made within 20 calendar days from the notice of the
order admitting the same, however, what will happen particularity, to enable him or her properly to prepare his
if there is no answer filed to the supplemental or her responsive pleading.
complaint?
Example: In fraud cases
When fraud is alleged, the party must state it or allege it with
A: The same rule with unanswered amended complaint.
particularity. When the complaint merely states that the
The original answer shall serve as the answer to the
defendant, through fraudulent machinations, due plaintiff into
supplemental complaint. (Sec. 7, Rule 11) signing the deed of absolute sale. The remedy is not to file a
Motion to Dismiss on the ground of failure to state a cause of
Q: How many days within which to file an answer to a action, but to file a motion for bill of particulars.
permissive counterclaim?
Period to file the motion
A: Section 4 of Rule 11 provides for the period within
which to file an “answer to counterclaim or crossclaim”. If the pleading is a reply, the motion must be filed within
Statutory Construction taught us that if the law does not ten (10) calendar days from service thereof. Such motion
distinguish, we should not distinguish. Therefore, the shall point out the defects complained of, the paragraphs
period is the same, 20 calendar days, whether the wherein they are contained, and the details desired.
counterclaim is permissive or compulsory.
Instances when a bill of particulars is allowed:
In David vs Gutierrez-Fruelda, there was a service of
summons via publication. The RTC declared David in 1. When the allegations are indefinite and uncertain
default for failure to file an answer within 60 days. David that the nature cannot be understood therefrom;
moved to lift the order of default and sought for another
15 days to file an answer. He stated that declarations of 2. When the allegations are so vague that they do
default are frowned upon and that he should be given not appear therefrom in what capacity a party
opportunity to present evidence in the interest of sues or is issued;
substantial justice, and that he has meritorious defenses. 3. When the allegations are uncertain as to time,
The RTC denied the motion nonetheless. The trial court place, quantity, title, person, or any other matter
stated that while the orders of default are disfavored, his required to be pleaded with certainty;
motion to lift the order of default is fatally flawed. The
4. When the allegations are faulty in duplication,
motion was not under oath, unaccompanied by an affidavit
setting out two grounds for a single claim;
5. When denials are so indefinite and uncertain that his or her motion, which shall not be less than five (5)
it cannot be understood what is denied and what calendar days in any event.
is admitted;
Example:
6. Particulars of details of computation of bank
account were allowed; technicalities are frowned Q: A filed a complaint which was received by B on August 1.
upon; or B filed a Motion for Bill of Particulars on August 30. The order
7. Conclusions of law – deceit, machination, false granting the Motion for Bill of Particulars was received by B
pretenses, misrepresentations and threats are on November 5. A supplemented, and filed an amended
complaint which was received by B on November 15. Until
conclusions of law and mere allegations thereof when can B file an answer?
without a statement of the facts to which such
terms have references are not sufficient (Herrera, A: B has until November 20. After serving the BOP or a more
2007). definite pleading or after notice of denial of his or her motion,
the moving party may file his or her responsive pleading
within the period to which he was entitled as of the time of
SECTION 2: ACTION BY THE COURT
the filing of the motion. Technically, you have one day left,
but in no case shall it be less than 5 days as provided
Action of the court (DeGA) under Sec. 5, Rule 12. Hence, November 20.
1. Deny it outright If denied, B has until November 10 within which to file your
2. Grant it outright; answer to the complaint.
3. Allow the parties the opportunity to be heard.
In other words, Motion for Bill of Particulars stops the
SECTION 3: COMPLIANCE WITH ORDER running for the period within which to file the answer.
Upon the filing of the answer, the period will resume again
depending on when you receive the order denying the motion
If the motion is granted, either in whole or in part:
for BOP. After which, the defendant will have remaining
• The compliance therewith must be effected within period within which to file an answer, but in no case shall it
ten (10) calendar days from notice of the order, be less than 5 days.
unless a different period is fixed by the court.
If granted, the period will commence when the defendant
Manner of compliance received the amended complaint or answer to the motion for
Bill of Particulars, and has the remaining period, but in no
case shall it be less than 5 days.
• File an amended pleading, specifying with
particularity the requested details; NOTE: Calendar days include holidays and weekends. If the
• File an answer to the Motion for Bill of Particulars. deadline falls on such days, the deadline shall be the next
working day.
SECTION 4: EFFECT OF NON-COMPLIANCE
SECTION 6: BILL OF A PART OF PLEADING
If the order is not obeyed, or in case of insufficient
compliance therewith, the court may order: Bill of particulars becomes part of the pleading for which it is
intended.
• The striking out of the pleading or the portions
i.e. In the manner of compliance to the order granting the
thereof to which the order was directed; Motion for Bill of Particulars, when you file an answer to the
• Make such other order as it deems just (For Motion for Bill of Particulars, your answer to the Motion for
instance, you can file a motion to have the case Bill of Particulars will be deemed incorporated or made part
dismissed precisely because you do not know of the original complaint.
what the other party is talking about).
Q: Within the period for filing a responsive pleading, the
defendant filed a motion for bill of particulars that he set for
SECTION 5: STAY OF PERIOD TO FILE hearing on a certain date. However, the defendant was
RESPONSIVE PLEADINGS surprised to find on the date set for hearing that the trial court
had already denied the motion on the day of its filing, stating
Effect on the period to file a responsive pleading that the allegations of the complaint were sufficiently made.
After service of the bill of particulars or of a more definite 1. Did the judge gravely abuse his discretion in acting on the
pleading, or after notice of denial of his or her motion, the motion without waiting for the hearing set for the motion?
moving party may file his or her responsive pleading within 2. If the judge grants the motion and orders the plaintiff to
the period to which he or she was entitled at the time of filing file and serve the bill of particulars, can the trial judge
dismiss the case if the plaintiff does not comply with the
order? (2008 Bar) In the case of Santos v. Liwag, G.R. No. L-24238, November
28, 1980, the allowance of a motion for a more definite
A: statement or bill of particulars rests within the sound judicial
1. NO. Sec. 2, Rule 12 authorizes the court to either deny discretion of the court and, as usual in matters of a
or grant said motion outright or allow the parties an discretionary nature, the ruling of the trial court in that regard
opportunity to be heard. The court is not mandated to will not be reversed unless there has been a palpable abuse
conduct a hearing. of discretion or a clearly erroneous order.
NOTE: This is an example where the proper remedy is a

2. YES. Sec. 4, Rule 12 authorizes the court to order the
Motion for BOP especially when fraud is not alleged with
striking out of the pleading affected, hence the dismissal
particularity.
of the complaint. To the same end is the provision of Sec.
3, Rule 17 when the plaintiff fails to comply for no In the case of Guy v. Guy, G.R. No. 189486, September 5,
justifiable cause with any order of the court or with the 2012, doubt as to the meaning of the pleading may be
Rules. resolved by seeking a bill of particulars. A bill of particulars
may be ordered as to a defense of fraud or mistake if the
In the case of Salita v. Magtolis, G.R. No. 106429, June circumstances constituting fraud or mistake are not stated
13, 1994, a complaint only needs to state the "ultimate with the particularity required by the rule. However, this rule
facts constituting the plaintiff’s cause or causes of action." does not apply to intra-corporate controversies. It is
Ultimate facts has been defined as "those facts which the essential, therefore, for the complaint to show on its face
expected evidence will support." As stated by private what are claimed to be the fraudulent corporate acts if the
respondent, "[t]he term does not refer to the details of complainant wishes to invoke the court’s special commercial
probative matter or particulars of evidence by which these jurisdiction.
material elements are to be established." It refers to "the
facts which the evidence on the trial will prove, and not NOTE: If you file a complaint and you did not allege a matter
the evidence which will be required to prove the existence that is required to be alleged with particularity, the remedy by
of those facts." And a motion for bill of particulars will not the other party is to file a motion for BOP. In this case, no m
be granted if the complaint, while not very definite, for BOP was filed. However, the case was considered as a
nonetheless already states a sufficient cause of action. A nuisance case and case was thrown out because precisely,
there was nothing in the complaint that would show that his
motion for bill of particulars may not call for matters which
signature was forged. His allegations that there was
should form part of the proof of the complaint upon trial.
fraudulent machinations employed by the other party was not
Such information may be obtained by other means even substantiated by any specific allegations.
NOTE: The function of the Bill of Particulars is to ask the
other party to particularize the allegations in the RULE 13: FILING AND SERVICE OF PLEADINGS,
complaint. The motion for BOP, its office is not to obtain JUDGMENT AND OTHER PAPERS
evidence from the other party. In the first place, motion for SECTION 1: COVERAGE
BOP is not the proper remedy when the complaint does
not provide for the evidentiary basis of the allegations. “File” or “Filing” ® to the Court; " service
Motion for BOP is merely to determine the particularity of needed when
a given allegations. “Serve” or “Service” ® to the other party ng

y
NOTE: Under the 2019 Amended Rules of Court, the The rule is to serve first to the other party before you file in
complaint requires to state the evidentiary facts. court. The court will not receive pleading, motions, and other
court submissions unless it is shown that you have first
In the case of Agcanas v. Mercado, G.R. No. L-15808, April served a copy thereof to the opposing counsel.
23, 1963, both a motion to dismiss and a motion for a bill of
particulars interrupt the time to file a responsive pleading. In What should be filed?
the case of a motion to dismiss, the period starts running
against as soon as the movant receives a copy of the order Pleadings, motions, and other court submissions, as well as
of denial. In the case of a motion for a bill of particulars, the their service, except those for which a different mode of
suspended period shall continue to run upon service on the service is prescribed.
movant of the bill of particulars, if the motion is granted, or of
the notice of its denial, but in any event he shall have not less SECTION 2. FILING AND SERVICE
than five days within which to file his responsive pleading.
Filing
Note: When you file a Motion for BOP, it is incumbent upon
the court to rule on the motion for the BOP because the The act of submitting the pleading or other paper to the
action of the court will determine when you are bound to file court.
an answer. The court cannot simply brush it aside.
Service from time to time in order to be informed of the progress
of his case.
The act of providing a party with a copy of the pleading or
any other court submissions. Example:
NOTE: If a party has appeared by counsel, service upon Q: A is one of the three counsels of X, and was designated
him shall be made upon his counsel unless served upon as the lead counsel. Counsel B received the pleading on
the party himself is ordered by the trial court. (UP v. Dizon, January 2, while counsel C received it on January 5, and lead
G.R. No. 171182, August 23, 2012; Garrucho v. CA, G.R. counsel A received it on January 6. What is the period of time
No. 143791, January 14, 2007). within which to file an appeal?
In the case of Bracero v. Arcelo, G.R. No. 212496, March A: It would be reckoned from the date that A received the
18, 2015, the Supreme Court stated that notice sent pleading even if he received it last, since he is the lead
counsel made in the court record, for purposes of counting
directly to client is not notice in law. Moreover, in the same
the period to appeal, it would be reckoned from A.
case, the Court stated that when litigants are represented
by a counsel, they should not expect that all they need to
do is sit back, relax, and await the outcome of their case.
SECTION 3. MANNER OF FILING
Equity aids the vigilant, not those who slumber on their
PARE
rights, and a party should periodically keep in touch with
How to file a pleading in court? →
personal
his counsel, check with the court, and inquire about the Accredited courier
status of his case.
1. Personal Registered
mail
Mail
E8- lectronic
There must be at least 4 copies:

Going to court and handing the pleading over. The clerk
1. Copy of the court;
of court shall endorse the date and hour of filing.
2. Copy of the plaintiff;
3. Copy of the defendant; and The date of filing of the pleading is the date of receipt of
4. An extra copy. the court. (Miranda v. Miranda, G.R. No. 179638, July 8,
2013)
Several parties, one counsel
2. Registered Mail
When several parties only have one counsel, the parties
are entitled only to ☐
one copy. The party filing through the said mode is given a Registry
Return Card or a Registry Receipt with name of
recipient, signature, and date of receipt as proof that you
One party, several counsel
mailed it to the opposing party and to the court.
When there is only one party who has several counsels NOTE: Date of mailing as shown by the post office
or battery of lawyers, he is entitled only to one copy to be stamp on the envelope or registry receipt, shall be
served on the lead counsel, if one is designated, or to considered as the date of filing, payment, or deposit
any of them if there is no lead counsel. in court. (Miranda v. Miranda, G.R. No. 179638, July 8,
2013)
Lead counsel is entitled to receive a copy of every
documents. For the purpose of reckoning periods for the Best proof of mailing: Registry Receipt Number
submission of documents, it will be reckoned from the
receipt of the lead counsel of the document. 3. Accredited Courier
Without a lead counsel being designated, notice to The courier service must be “accredited” by the court.
anyone of the several counsels on record is equivalent to
notice to all and such notice starts the time, running for The date of actual receipt of the courier is the date of
appeal, not standing that the other counsels on record has filing in court.
not received a copy of the decision (Philippine Ports
Authority v. Sargasso Construction, G.R. No. 146478, NOTE: If the courier is not accredited, the date of filing
July 30, 2004) of the pleading in court is the actual date of receipt of
the court of the pleading, and not the date of actual
In the case of Garrucho v. CA, the counsel of record must receipt by the courier.
inform the court of his change of address, otherwise, the
service in his last address shall be deemed sufficient and In the case of Miranda v. Miranda, the date of delivery of
complete and that would bind the said parties. It is the the pleadings to a private letter-forwarding agency is
duty of a party-litigant to be in contact with his counsel not to be considered as the date of filing thereof in the
court instead the date of actual receipt by the court is
deemed the date of filing of that pleading. If a party files A. NO. Because in the first place, service by ordinary mail
through a courier, the courier has to be accredited. of judgment is void because modes of service of
judgment is either personally, registered mail, or by
4. Electronic Mail or Other Electronic Means electronic means, thus the first service through ordinary
mail is improper. X filed her notice of appeal on time,
Requirements: because it should be reckoned not from June 1, but from
June 17, the day when she went to the court and
a. Such mode is with prior approval of the court; personally asked for a copy, the date when she was
and properly served a copy of the decision.
b. The court is electronically-equipped.
SECTION 6. PERSONAL SERVICE
The date of electronic transmission shall be considered What are the modes of personal service?
as the date of filing.
1. Personally delivering the copy to the party or the
How to get the approval of the court? party’s counsel, or authorized representative as
mentioned in the pleading.
By filing a Motion in Court seeking approval for the
pleadings and other submissions to be electronically 2. Leaving the copy in the counsel’s office with his or her
served. clerk or person-in-charge.
3. Leaving the copy, between 8:00 am to 6:00pm, at the
SECTION 4. PAPERS REQUIRED over 18 party’s or counsel’s residence, if known, with a person
old
TO BE FILED AND SERVED years ←
of sufficient age and discretion residing therein.
Make sure that there is evidence showing that the said
Every judgment, resolution, order, pleading subsequent counsel received copy. Claim stamp marking should
to the complaint, written motion, notice, appearance, likewise be on the copy of the court, because the court
demand, offer of judgment or similar papers shall be filed will not receive the pleading without evidence showing
with the court, and served upon the parties affected. that it was first served on the opposing counsel.
SECTION 5. MODES OF SERVICE Service of the petition on a party, when that party is
represented by a counsel of record, is a patent nullity and is
What are the modes of serving a pleading? (PARE- not binding upon a party wrongfully served. This rule,
FO) however, is a procedural standard that may admit exceptions
when faced with compelling reasons of substantive justice
manifest in the petition and in the surrounding circumstance
1. Personal service;
PARES -
FO of the case. (Republic v. Caguioa, et al., G.R. No. 174385,

2. Accredited courier; February 20, 2013)
3. Registered mail;
4. Electronic mail;
-
>substituted service SECTION 7. SERVICE BY MAIL
5. Facsimile Transmission; and
6. Other electronic means. /ordinary mail Service by registered mail
Depositing a copy in the office in a sealed envelope, plainly

NOTE: For purposes of electronic mail, facsimile
addressed to the party or his counsel, at his office, if known,
transmission or other electronic means, it has to be with
otherwise in his residence, with postage full paid, with
prior court approval and agreed upon by the parties. instruction to the postmaster to return the mail to the sender
ten (10) calendar days- if undelivered.
Note: Ordinary mail and substituted service (Section 7
and 8) are also included as a mode of serving a pleading. In the case of Belen v. Chavez, G.R. No. 175334, March 26,
2008, the subsequent service on petitioners’ purported “last
Example: known address” by registered mail is also defective
because it does not comply with the requisites under Section
Q. On June 1, X received by ordinary mail the judgment 7 of Rule 13 on service by registered mail. It contemplates
of the court, which was adverse to her. X did not file a service at the present address of the party and not any
notice of appeal on June 16. One June 17, X went to court other address of the party. Therefore, service by registered
to personally receive the copy of the judgment. On June mail presupposes that the present address of the party is
20, X filed notice of appeal. The judge denied the notice known and if the person who receives the same is not the
of appeal on the ground that X filed her notice of appeal addressee, he must be duly authorized by the former to
beyond the reglementary period of 15 days. Is the court receive the paper on behalf of the party.
correct?
Service by ordinary mail
Ordinary first notice was sent by the postmaster to the addressee. The
Resorted to only if no registry service is available in the best evidence of that fact would be the certification from the
locality of either the sender or the addressee, service may postmaster.
be done by ordinary mail.
SECTION 9: SERVICE BY ELECTRONIC MEANS AND
SECTION 8. SUBSTITUTED SERVICE FACSIMILE
Substituted service of pleadings, is not the same as
substituted service of summon. Electronic means
When do you do a substituted service of pleadings? 1. Made by sending an email to the party’s or counsel’s
electronic mail address; or
Only when there is a failure to serve the copy: 2. Made through other electronic means of
transmission as the parties may agree on, or upon
1. By personal service and direction of the court.
2. By registered mail.
Facsimile
¥
There must be proof that these two modes failed.
1. Made by sending a facsimile copy to the party’s or
The best evidence to show that there was failure by counsel’s facsimile number
personal service is an affidavit, for example executed by
a liaison officer, saying that he or she went to the office of NOTE: Mode of service by electronic means and facsimile
the counsel, or residence of the party or the counsel, but shall only be made if the party concerned consents to such
nobody was there to receive the pleading. mode and with prior approval of the court.
The best evidence to show that there was a failure by SECTION 10: PRESUMPTIVE SERVICE
registered mail is the marking of “Return to Sender.”
Presumptive Service → service is
already presumed
And with the RTS and affidavit as proofs, you may go to
court and file with the clerk of court a motion saying that Addressee is from the same judicial region of the court where
you have availed of the two modes of personal service the case is pending:
and registered mail, but the services of the pleading were
• There is presumptive notice of a court setting if it
unsuccessful and hence you resort to substituted service.
The service of the pleading is complete at the time of such appears on the records to have been mailed at least 20
deliver. calendar days prior to the scheduled date of hearing.
Addressee is from outside the judicial region of the court where

In the case of Barrameda v. Castillo, G.R. No. L-27211, July
the case is pending:
6, 1977, the Supreme Court stated that Sec. 7, Rule 13 of
the Rule provides that “Final orders or judgments shall be
• Mailed at least 30 calendar days prior to the scheduled
served either personally or by registered mail x x x” Further,
date of hearing.
Sec. 8 of the same Rule provides that “Personal service is
complete upon actual delivery x x x Service by registered
mail is complete upon actual receipt by the addressee; but if NOTE: Under this provision, the court is the one sending notice
to the parties.
he fails to claim his mail from the post office within five (5)
days from the date of notice of the postmaster, service shall
take effect at the expiration of such time” SECTION 11: CHANGE OF ELECTRONIC MAIL
ADDRESS OR FACSIMILE NUMBER
In service by registered mail, the general rule is that service
If a party wishes to change his or her e-mail address or
a
is complete upon actual receipt by the addressee. The

exception is that when the addressee does not claim his mail facsimile number while the action is pending must:
within five (5) days from the date of the first notice of the
postmaster, then the service takes effect at the expiration of 1. File within 5 calendar days, a notice of change of
such time. e-mail address or facsimile number with the court;
and
In the case of PNB v. CFI of Rizal, G.R. No. 63201, May 27,
1992, service by registered mail is complete upon actual 2. Serve the notice on all other parties.
receipt by the addressee; but if he fails to claim his mail
from the post office within five (5) days from the date of SECTION 12: ELECTRONIC MAIL AND FACSIMILE
first notice of the postmaster, service shall take effect at SUBJECT AND TITLE OF PLEADINGS AND OTHER
the expiration of such time. The fair and just application of DOCUMENTS
that exception depends upon the conclusive proof that the
mail
registered
C I V I L P R O C E D U R E R E V I E W E R personally
or
→
Prescribed format: 1. Initiatory pleadings and initial responsive pleadings,
such as an answer;
1. Case number 2. Subpoenae, protection orders, and writs;
2. Case title and pleading 3. Appendices and exhibits to motions, or other
3. Order or document title documents that are not readily amenable to
electronic scanning may, at the option of the party
NOTE: The title of each electronically-filed or served
filing such, be filed and served conventionally; and
pleading or other document, and each submission served
by facsimile shall contain the sufficient information to 4. Sealed and confidential documents or records.
enable the court to ascertain from the title:
a. The party or parties filing or serving the paper;
\
NOTE: HOWEVER, they may be filed or served through

b. Nature of the paper; other means, upon express permission from the court.
c. The party or parties filing or serving the paper; and
d. The nature of the relief sought. RULE 13, SECTION 15: COMPLETENESS OF
SERVICE
SECTION 13: SERVICE OF JUDGMENTS, FINAL
ORDERS OR RESOLUTIONS MODE OF WHEN SERVICE IS DEEMED
SERVICE COMPLETE
How served: Personal Upon actual delivery.
Service
1. Personally; OR GR: Upon the expiration of ten (10)
calendar days after mailing.
2. Registered mail.
Ordinary Mail
XPN: Unless the court otherwise
NOTE: Judgments, Final Orders or Resolutions may also provides.
be served through accredited courier or by publication, 1. Upon actual receipt by the
provided the requirements for such mode are complied
addressee, or
with.
Registered 2. After five (5) calendar days from the
Upon ex parte motion of any party in the case, a copy of Mail date he or she received the first
the judgment, final order, or resolution may be delivered notice of the postmaster, whichever
by an accredited courier at the expense of such party. is earlier.
1. Upon actual receipt by the
When to serve such judgments, final orders or addressee, or
resolution by publication: 2. After at least two (2) attempts to
Accredited deliver by the courier service, or
1. When a party summoned by publication failed to Courier
3. Upon the expiration of five (5)
appear in the action, judgments, final orders or calendar days after the first attempt
resolutions against him or her.
to deliver, whichever is earlier.
2. It shall be at the expense of the prevailing party.
1. At the time of the electronic
Accredited courier transmission of the document, or
2. When available, at the time that the
A courier duly accredited by the Supreme Court. To electronic notification of service of
determine whether a courier is an accredited, it is best to Electronic the document is sent.
inquire upon the court who is an accredited courier. Service
NOTE: Electronic service is not effective
NOTE: Service by ORDINARY MAIL is not prescribed or complete if the party serving the
under the rules thus, period of succeeding motions which document learns that it did not reach the
may be filed after judgments shall not run. Service by addressee or person to be served.
ordinary mail is applicable only in case of service of Upon receipt by the other party, as
Facsimile
pleadings, not to judgments, decisions, and orders of the indicated in the facsimile transmission
Transmission
court. printout.
SECTION 14: CONVENTIONAL SERVICE OR FILING Principle of Constructive Service

OF ORDERS, PLEADINGS, AND OTHER
DOCUMENTS In service by registered mail, the general rule is that
There are pleadings and other documents which must be service is complete upon actual receipt by the addressee.
filed or served personally or by registered mail, and not
electronically: The exception is that when the addressee does not claim his
mail within five days from the date of the first notice of the
postmaster, then the service takes effect at the expiration of run after five days from the first notice given by the
such time. postmaster. A party is deemed to have received and to have
been notified of the judgment at that point (Quelnan vs. VHF
As illustrated by Justice Cesar Bengzon, if the first notice is Philippines, G.R. No. 138500, September 16, 2005).
received by the addressee on December 1, and he gets his
mail on December 3, the service is complete on December SECTION 16: PROOF OF FILING
3, the date of the actual receipt (general rule).
MANNER
But if the addressee gets his mail only on December 15, PROOF OF FILING
OF FILING
service is deemed complete on December 6 or five days from If the pleading or any other court
December 1, the date of the first notice (exception)
submission is not in the record, but is
(Barrameda v. Castillo, G.R. No. L-27211, July 6, 1977).
claimed to have been filed personally,
Personal
the filing shall be proven by the written
Conclusive Proof of Postmaster’s Notice is Required Filing
or stamped acknowledgement of its
for the Principle of Constructive Service to Apply
filing by the clerk of court on a copy of
Bearing in mind that the exception in service by registered
the pleading or court submission.
mail refers to constructive service, it is evident that the fair 1. Registry receipt and
and just application of that exception depends upon 2. By the affidavit of the person who
conclusive proof that a first notice was sent by the mailed it, containing a full
postmaster to the addressee. statement of the date and place of
deposit of the mail in the post office
Therefore, to obviate injustice, it is incumbent upon a party, Registered
who relies on constructive service or who contends that his in a sealed envelope addressed to
Mail
adversary was served with a copy of a final order or judgment the court, with postage fully
upon the expiration of five days from the first notice of prepaid, and with instructions to
registered mail sent by the postmaster to prove that first the postmaster to return the mail to
notice was sent and delivered to the addressee. A
the sender after ten (10) calendar
certification from the postmaster would be the best evidence
of that fact (Grafil vs. Feliciano L-27156, June 30, 1967, 20 days if not delivered
SCRA 616). Affidavit of service of the person who
Accredited brought the pleading or other
The mailman's testimony may also be adduced to prove that Courier document to the service provider,
fact, as was done in Aldecoa vs. Hon. Arellano and Service together with the courier’s official
Siguenza, 113 Phil. 75, 78. receipt and document tracking number
Affidavit of electronic filing of the filing
The mere exhibition in court of the envelope containing the party accompanied by a paper copy of
unclaimed mail is not sufficient proof that a first notice was Electronic the pleading or other document
sent.
Mail transmitted or a written or stamped
NOTE: The postmaster's certification as to the sending of the
acknowledgement of its filing by the
first notice "should include the data not only as to whether or
not the corresponding notices were issued or sent but also clerk of court
as to how, when and to whom the delivery thereof was Other Affidavit of electronic filing of the filing
made." (Hernandez vs. Navarro, G. R. No. L-28296, Authorized party accompanied by a copy of the
November 24, 1972) Electronic electronic acknowledgment of its filing
Means by the court
Presumption of Regularity of Performance of Duty by the
Postmaster SECTION 17: PROOF OF SERVICE
As between the denial of the petitioners' counsel that he MODE OF

received the notice of the registered mail and the PROOF OF SERVICE
SERVICE
postmaster's certification that said notices were sent to him, 1. Written admission of the party
the postmaster's claim should prevail. The postmaster has
served, or
the official duty to send notices of registered mail and the
presumption is that official duty was regularly performed 2. The official return of the server,
(Aportadera, Sr. vs. Court of Appeals, G.R. No. 41358, Personal or
March 16, 1988). Service 3. The affidavit of the party
serving, containing a
Importance of the Principle of Constructive Service statement of the date, place,
The principle of constructive service is important because the and manner of service
period to appeal or to file the necessary pleading begins to
Affidavit of the person mailing NOTE: Sec. 18 should be read in relation to Sec. 13, Rule
stating the facts showing 13.
compliance with Section 7 of this
Rule. Sec. 13 provides the rules for the service of judgments, final
orders or resolution. Under the said provision, judgments,
NOTE: Section 7. Service by mail. final order or resolution shall be served either personally or
— Service by registered mail shall by registered mail. They may also be through an accredited
private courier upon filing of an ex parte motion and approval
be made by depositing the copy in
of the court. They may also be served by publication if
the post office, in a sealed
summons was served through publication.
envelope, plainly addressed to the
Ordinary Mail party or to the party’s counsel at his
SECTION 19: NOTICE OF LIS PENDENS
or her office, if known, otherwise at
his or her residence, if known, with
“Pending suit” or “Pending litigation”
postage fully pre-paid, and with
instructions to the postmaster to
Applicability
return the mail to the sender after
ten (10) calendar days if Actions affecting the title or the right of possession of real
undelivered. If no registry service is property (real action).
available in the locality of either the
sender or the addressee, service The plaintiff or defendant, when affirmative relief is claimed
may be done by ordinary mail. in his answer, may record in the office of the registry of deeds
1. Affidavit of the person mailing of the province in which the property is situated (Par. 1, Sec.
stating the facts showing 19, Rule 13).
compliance with Section 7 of
this Rule and Who may file:
2. The registry receipt issued by 1. Plaintiff – at the time of the filing of the complaint;
the mailing office and
Registered Mail 2. Defendant – at the time of filing of answer (when
NOTE: The registry return card affirmative defense is claimed in such answer, or at
shall be filed immediately upon its any time afterwards). (Villanueva v. CA, G.R. No.
receipt by the sender, or in lieu
117108, November 5, 1997)
thereof, the unclaimed letter
together with the certified or sworn
copy of the notice given by the NOTE: When the persons who filed the notice is not the
original parties to the case, but are mere movants, they do
postmaster to the addressee.
not comply with the requirements under Sec. 76, PD 1529,
Affidavit of service executed by the and thus the notice is not registrable (Heirs of Lopez, Sr. v.
person who brought the pleading or Enriquez, G.R. No. 146262, January 21, 2005).
Accredited paper to the service provider,
Courier Service together with the courier’s official A notice of lis pendens is not and cannot be sought as a
receipt or document tracking principal action for relief. It is a mere incident and does not
number affect the merits since it serves merely as an advise or
Electronic Mail, Affidavit of service executed by the warning to other persons (AFP Mutual Benefit Association,
Facsimile, or person who sent the e-mail, Inc. v. CA, G.R. No. 104769, March 3, 2000).
Authorized facsimile, or other electronic
Electronic transmission, together with a Contents of Notice
Means of printed proof of transmittal
Transmission 1. Name of the parties;
2. Object of the action or defense; and
SECTION 18: COURT-ISSUED ORDERS AND OTHER 3. Description of the property (Par. 1, Sec. 19, Rule
DOCUMENTS 13).
The court may electronically serve orders and other
documents to the parties which shall have the same effect Constructive Notice
and validity as provided in the rules.
There is constructive notice to the purchaser or encumbrancer
of the property of the pendency of the action only from the time
A paper copy of the document electronically serve shall be
of filing of such notice for record (Par. 1, Sec. 19, Rule 13).
retained and attached to the record of the case.
Cancellation
y merely
procedural
2. For actions in rem and quasi in rem:
Notice of lis pendens may be cancelled only upon order (a) Not to acquire jurisdiction over the defendant but
of the court after showing that: mainly to satisfy the constitutional requirement of
due process
1. The notice is for the purpose of molesting the (b) Jurisdiction over the defendant is not required
adverse party; or (c) The court acquires jurisdiction over an action as
2. The notice is not necessary to protect the rights long as it acquires jurisdiction over the res that is
of the party who caused it to be recorded. (Par. 2, the subject matter of the action.
Sec. 19, Rule 13)
3. By the Register of Deeds upon verified petition of SEC. 1: CLERK TO ISSUE SUMMONS
the party who caused the registration (Sec. 77,
PD No. 1529). By whom issued
By the Clerk of Court.

NOTE: Petition to cancel the notice should be done during
the pendency of the case and not when it is already final
When issued
and executory.
GR: The court shall, within five (5) calendar days from
Cases where notice is proper
receipt of the initiatory pleading and proof of payment of the
-
requisite legal fees, direct the clerk of court issue the

1. Action to Recover Possession of Real Estate; corresponding sum (Sec. 1, Rule 14) The issuance of
2. Action to Quiet Title; summons is not discretionary on the part of the court or the
3. Action for Partition; and clerk of court, but is a mandatory requirement. (Riano, 2016)
4. Any other proceedings of any kind in Court
XPN: When complaint is on its face dismissible under
directly affecting the title to the land or the use or
Section 1, Rule 9.
occupation or buildings thereon.
Q: When is the complaint dismissible on its face?
Cases where notice is not proper
A: When it appears on the face of the complaint that:
1. Preliminary Attachments; 1. Court has no jurisdiction over the subject matter
2. Probate of Wills; 2. Action is barred by Res Judicata
3. Levies on Execution; 3. Action is barred by Litis Pendentia
4. Administration of Estate of Deceased Persons; 4. Action is barred by Prescription (Sec.1, Rule 9)
and
5. Proceedings the subject of which is recovery of a SECTION 2: CONTENTS
money judgment (Heirs of Lopez, Sr. v. Enriquez, 1. Summons shall be:
G.R. No. 146262, January 21, 2005). a. Directed to the defendant;
b. Signed by the clerk of court under seal.
RULE 14: SUMMONS
2. Summons shall contain:
Summons is the writ by which the defendant is notified of a. The name of the court, and the names of
the action brought against him (Licaros v. Licaros, G.R. the parties to the action ;
No. 150656, April 29, 2003) b. When authorized by the court upon ex
parte motion, an authorization for the
It is a notice to the defendant that a particular person plaintiff to serve summons to the defendant
named therein has commenced an action against him in c. A direction that the defendant answer
a particular court (Riano, 2016). within the time fixed by the ROC, and
d. A notice that unless the defendant so
Purpose of summons
answers, plaintiff will take judgment by
1. For actions in personam: default and may be granted the relief
(a) To acquire jurisdiction over the person of the applied for.
defendant in a civil case
(b) To give notice to the defendant that an action has 3. The following shall be attached to the original and
been commenced against him. each copy of the summons:
a. A copy of the complaint, and
b. An order for appointment of guardian ad D. IF SUMMONS IS RETURNED WITHOUT BEING
litem, if any (Sec.2, Rule 14) SERVED ON ANY OR ALL DEFENDANTS:
Q: What if the complaint was not attached to the The court shall order the plaintiff to cause the service
summons, is the summons improperly served? of summons by other means available under the
Rules. Failure to comply with the order shall cause the
A: No. The defendant may still go to the court and get a dismissal of the initiatory pleading without prejudice
copy of the complaint. A defendant is still bound to comply (Sec.3, Rule 14).
with the summons even if service was made without
attaching a copy of the complaint. SECTION 4: VALIDITY OF SUMMONS
SECTION 3: BY WHOM SERVED GR: Summons shall remain valid until duly served.
The summons may be served by the: XPN: Unless it is recalled by the court.
1. Sheriff Alias summons

2. Deputy of the sheriff.
3. Other proper court officer. In case of loss or destruction of summons, the court may, upon
motion, issue an alias summons. (Sec. 4, Rule 14)
4. Plaintiff, provided that:
a. There must be failure of service of summons by Q: Is there a difference between summons and alias
the sheriff or his deputy summons?
b. Plaintiff must be authorized by the court (Sec.3, A: None. They are the same. The only time an alias summons
Rule 14) is issued is when the original summons is lost destroyed, cannot
c. His authority to serve summons must be stated be found, or returned unserved.
in the summons itself (Sec.2(b), Rule 14).
Q: When summons are improperly served, can the courts
dismiss the case outright due to lack of jurisdiction over the
A. If the summons are to be served WITHIN THE person of the defendant?
TERRITORIAL JURISDICTION of the court where
the case is pending, the plaintiff must comply with the A: Based on jurisprudence, the plaintiff will only be asked to re-
serve the summons.
abovementioned requirements.
A case should not be dismissed simply because an original
On the other hand, in cases where summons is to be summons was wrongfully served. An alias summons can be
served OUTSIDE THE JUDICIAL REGION of the actually served on said defendant. It is not pertinent whether
court where the case is pending, the plaintiff needs the summons is designated as an “original” or an “alias”
ONLY be authorized to cause the service of summons summons as long as it has adequately served its purpose. What
(Sec.3, Rule 14). is essential is that the summons complies with the requirements
under the Rules of Court and it has been duly served on the
defendant together with the prevailing complaint” (BPI v. Sps.
B. IF THE PLAINTIFF IS A JURIDICAL ENTITY, it Ireneo, G.R. No.169116 March 28, 2007; The Phil. American
shall: Life And General Insurance Co. v. Breva, G.R No. 147937,
November 11, 2004).
1. Notify the court in writing and name its authorized
representative therein; Summons in an amended complaint; when needed
2. Attach a board resolution stating that such In the case of Pan Asiatic Travel Corporation v. C, G.R. No. L-
representative is duly authorized (Sec. 3, Rule 62781, August 19, 1988, the Supreme Court ruled that if the
14). defendant appeared in the action prior to the amendment,
service of the amended complaint introducing new cause of
action is sufficient even if no new summons is served. On the
C. IF THE PLAINTIFF MISREPRESENTS THAT THE
other hand, if the defendant had not yet appeared, a new
DEFENDANT WAS SERVED SUMMONS: summons must be served upon him as regards the amended
complaint. If no new summons was served the court did not
1. The case shall be dismissed with prejudice; acquire jurisdiction over the person of the defendant.
2. The proceedings nullified; and
Amendment of the complaint will not render ineffective the
3. The plaintiff shall be meted with appropriate summons already served on the parties by virtue of the original
sanctions (Sec.3, Rule 14). complaint (Philippine American Life and General Insurance, Co.
v. Breva, G.R. No. 147937, November 11, 2004).

MODES OF SERVICE
PeSPES A: Yes. The essence of personal service is the handing
1. Service in° person on defendant or tendering of a copy of the summons to the defendant
2. O
Substituted Service himself, wherever he may be found; that is, wherever he
3. Service byO Publication may be, provided he is in the Philippines (Sansio
Philippines Inc. vs. Sps. Mogol, G.R. 177007, July 14,
4. O
Extraterritorial Service
O
2009).
SECTION 5: SERVICE IN PERSON ON DEFENDANT Personal service of summons has nothing to do with the
location where summons is served. A defendant's
Personal service; how done: address is inconsequential. Rule 14, Section 6 of the 1997
Rules of Civil Procedure is clear in what it requires:
1. By handing a copy thereof to the defendant in personally handing the summons to the defendant (albeit
person and informing the defendant that he or tender is sufficient should the defendant refuse to receive
she is being served, or and sign). What is determinative of the validity of personal
2. If he or she refuses to receive and sign for it, by service is, therefore, the person of the defendant, not the
leaving the summons within the view and in the locus of service (Sps. Manuel v. Ramon Ong, G.R. No.
presence of the defendant or byo tendering it (Sps. 205249 October 14, 2014).
Manuel v. Ramon Ong, G.R. No. 205249 October
SECTION 6: SUBSTITUTED SERVICE OF SUMMONS
14, 2014)
When allowed; and how done:
PERSONAL SERVICE OF PERSONAL
PLEADINGS SERVICE OF If, for justifiable causes, the defendant cannot be served
(SEC. 6, RULE 13) SUMMONS personally after at least three (3) attempts on two (2) different
(SEC. 5, RULE 14) dates, service may be effected:
Court submissions may be
served: 1. By leaving copies of the summons at the defendant's
1. By delivering personally residence to a person at least eighteen (18) years of age
a copy to the party or his and of sufficient discretion residing therein;
counsel or to their 2. By leaving copies of the summons at the defendant's
Summons is served office or regular place of business with some competent
authorized
to the defendant in person in charge thereof. A competent person includes,
representative named in person.
the appropriate but is not limited to, one who customarily receives
pleading/motion
or
tendering it correspondences for the defendant;
3. By leaving copies of the summons, if refused entry upon
2.
making his or her authority and purpose known, with any
3. By leaving a copy in the
of the officers of the homeowners’ association or
counsel’s office with his
condominium corporation, or its chief security officer in
clerk or with a person
charge of the community or the building where the
having charge thereof
defendant may be found; and
4. By sending an electronic mail to the defendant’s
4. If no person is found in
electronic mail address, if allowed by the court.
his office, or his office is -
not known or he has no Requisites:

office, then by leaving the
copy between 8 a.m. and When resorting to substituted service, the following
6 p.m., at the party’s or statutory requirements must be strictly, faithfully, and fully
counsel’s residence, if observed:
known, with a person of
1. Indicate the impossibility of service of summons
sufficient age and
within a reasonable time;
discretion then residing
2. Specify the efforts exerted to locate the
therein
defendant; and
3. State that the summons was served upon:
Q: Can the defendant be served summons in places
other than the address that was stated in the a. A person of sufficient age and discretion
summons and the complaint? who is residing in the address, or
b. A person in charge of the office or regular
place of business, of the defendant Must be the one managing the office or business of
4. It is likewise required that the pertinent facts defendant, such as the president or manager; and such
proving these circumstances be stated in the individual must have sufficient knowledge to understand
the obligation of the defendant in the summons, its
proof of service or in the officer’s return. importance, and the prejudicial effects arising from
inaction on the summons (Prudential Bank v. Magdamit,
Failure to comply with this rule renders absolutely void G.R. No. 183795, November 12, 2014).
the substituted service along with the proceedings taken
thereafter for lack of jurisdiction over the person of the Summary; How summons is served – sections. 5-17
defendant (Sandoval v. HRET, G.R. No. 149380, July 3,
2000). I. UPON NATURAL PERSONS
Residence
1. RESIDING IN THE PHILIPPINES
The place where the person named in the summons is Personal Service
living at the time of when the service is made, even though
he may be temporarily out of the country at that time 2. PRISONERS
(Venturanza v. CA, G.R. No. 77760, December 11, 1987) Service shall be effected upon him or her by the officer
having the management of such jail or institution who is
Person of sufficient discretion deemed as a special sheriff for said purpose (Sec.8,
Rule 14).
"Discretion" is defined as the ability to make decisions
which represent a responsible choice and for which an 3. MINORS/ INCOMPETENT
understanding of what is lawful, right or wise may be Service of summons shall be made upon him or her
presupposed. personally and on his or her legal guardian if he or she
has one, or if none, upon his or her guardian ad litem
Thus, to be of sufficient discretion, such person must whose appointment shall be applied for by the plaintiff
know how to read and understand English to comprehend (Sec.10, Rule 14).
the import of the summons, and fully realize the need to
deliver the summons and complaint to the defendant at 4. SPOUSES
the earliest possible time for the person to take When spouses are sued jointly, service of summons
:¥
appropriate action. Thus, the person must have the should be made to each spouse individually (Sec.11,
"relation of confidence" to the defendant, ensuring that the Rule 14).
latter would receive or at least be notified of the receipt of
the summons (Prudential Bank v. Magdamit, G.R. No. Q: Complaint for foreclosure of mortgage was filed
183795, November 12, 2014). against the spouses Ernesto and Teresa Biaco. Only
Ernesto received the summons. Due to default, Sheriff
Competent person was ordered to sell the mortgaged lot at public auction
in favor of PCRB. However, because the amount of the
property sold at public auction was insufficient to cover
To be a "competent" person to receive the summons
the full amount of the obligation, two notices of levy
means that he should be "duly qualified" and "having
against properties registered under the name of Teresa.
sufficient capacity, ability or authority." The rule Teresa sought the annulment of the RTC decision
presupposes that a relation of confidence exists asserting that the trial court failed to acquire jurisdiction
between the person with whom the copy of the process is because summons were served on her through her
left and the defendant and, therefore, assumes that such husband without any explanation as to why personal
person will deliver the process to defendant or in some service[to her] could not be made. Did the court acquire
way give him notice thereof. (Sandoval v. HRET, G.R. No. jurisdiction over the person of Teresa in the deficiency
149380, July 3, 2000). judgment?
A competent person includes, but is not limited to, one A: NO. The trial court went beyond its jurisdiction over the res
who customarily receives correspondences for the and rendered a personal judgment against the spouses Biaco.
defendant e.g. secretary. (Sec. 6, Rule 14 of the New In this case, while the trial court acquired jurisdiction over the
Rules) res, its jurisdiction is limited to a rendition of judgment on the res
[Foreclosure judgment]. It cannot extend its jurisdiction beyond
the res and issue a judgment enforcing petitioner’s personal
Person in charge liability [Deficiency Judgment on Teresa’s property] In doing so
without first having acquired jurisdiction over the person of
To be "in charge" means to have "care and custody of, petitioner, as it did, the trial court violated her constitutional right
under control of, or entrusted to the management or
-
to due process, warranting the annulment of the judgment

-
direction of." (Sandoval v. HRET, G.R. No. 149380, July rendered in the case].
3, 2000).
5. UNKNOWN DEFENDANTS OR WHEREABOUTS
ARE UNKNOWN (Sec.16, Rule 14) 7. RESIDENTS TEMPORARY OUTSIDE THE PH (Sec.
In any action where: 18, Rule 14) extraterritorial service
=
a. The defendant is designated as an unknown When any action is commenced against a defendant
owner or who ordinarily resides within the Philippines, but who is
temporarily out of it, service may, by leave of court, be
b. Whenever his or her whereabouts are unknown
also effected out of the Philippines by
and cannot be ascertained by diligent inquiry
a. By personal service as under Sec. 6, Rule 14, or
→
Service may, by leave of court, be effected upon him by
publication in a newspaper of general circulation and in
such places and for such time as the court may order.
b.
c.
As provided for in international conventions to which
the Philippines is a party
By publication in a newspaper of general circulation
in such places and for such time as court may order,
NOTE: Defendant must answer within a reasonable time
in which case, a copy of the summons and order of
which shall not be less than 60 calendar days to be
specified in the order granting the leave of court. (Sec.16, the court shall be sent by registered mail to the last
Rule 14) known address of the defendant, or
d. In any other manner the court may deem sufficient
6. EXTRATERRITORIAL (Sec.17, Rule 14) (Sec.18, Rule 14).
When allowed: II. UPON DOMESTIC CORPORATIONS

a. When the defendant does not reside and is not
found in the Philippines, and Service may be made on the:
b. The action
1. President,
i. Affects the personal status of the plaintiff
2. Managing Partner,
or
3. General Manager,
ii. Relates to, or the subject of which is,
4. Corporate Secretary,
property within the Philippines, in which 5. Treasurer, Or
the defendant has or claims a lien or 6. In-House Counsel of the corporation wherever they
interest, actual or contingent, or may be found, or
iii. In which the relief demanded consists, 7. In their absence or unavailability, on their
wholly or in part, in excluding the secretaries.
defendant from any interest therein, or
iv. 4. The property of the defendant has If such service cannot be made upon any of the foregoing
been attached within the Philippines persons, it shall be made upon the person who customarily
receives the correspondence for the defendant at its principal
(Sec. 17, Rule 14).
office.
Service may, by leave of court, be effected out of the In case the domestic juridical entity is under receivership or
Philippines: liquidation, service of summons shall be made on the
receiver or liquidator, as the case may be.
i. By personal service as under Sec. 6,
Rule 14, or Should there be a refusal on the part of the persons above-
ii. As provided for in international mentioned to receive summons despite at least three (3)
attempts on two (2) different dates, service may be made
conventions to which the Philippines is a electronically, if allowed by the court, as provided under
party Section 6 of this Rule (Sec 12, Rule 14).
iii. By publication in a newspaper of general
circulation in such places and for such III. UPON FOREIGN CORPORATION
time as court may order, in which case, a
copy of the summons and order of the Service may be made:
court shall be sent by registered mail to
1. When the defendant is a foreign private juridical
the last known address of the defendant,
entity which has transacted or is doing business
or
in the Philippines, as defined by law
iv. In any other manner the court may deem
sufficient
a. Upon the resident agent; or
b. If there be no such agent, on the government Defendant Service
Public Corporations:
official designated by law to that effect, or
(Sec. 15, Rule 14) - On the Solicitor
c. On any of its officers or agents, directors or
• Republic of the General
trustees within the Philippines
Philippines - Effected on its
• Province, city or executive head, or
NOTE: Where service of summons is made on the
government official designated by law to receive the municipality, or like on such officer or
same, the answer shall be filed within sixty (60) calendar public corporations officers as the law or
days after receipt of summons by such entity (Sec.2, Rule the court may direct
11).
2. When the defendant is NOT registered in the NOTE:

Philippines or has no resident agent, Service may 1. If defendant is Republic of Philippines –
be effected, with leave of court, outside the summons is served upon Solicitor General
Philippines through the following means:
2. If defendant is Province – summons is
a. By personal service coursed through the served upon governor
appropriate court in the foreign country with 3. If defendant is city – summons is served
the assistance of the Department of Foreign upon mayor
4. If defendant is municipality – summons is
Affairs;
served upon mayor
b. By publication once in a newspaper of 5. If defendant is barangay – summons is
general circulation in the country where the served upon the mayor still. Barangay is a
defendant may be found and by serving a component of a city or municipality.
copy of the summons and the court order by
V. UPON AN ENTITY WITHOUT JURIDICAL
registered mail at the last known address of
PERSONALITY
the defendant;
When applicable:
NOTE: There is no service of summons solely by 1. Persons are associated in an entity without
registered mail except as an additional requirement
juridical personality, and
to service by publication. Where service is made by
2. They are sued under the name by which
publication, a copy of the summons and order of the court
shall be sent by registered mail to last known address of they are generally or commonly known
defendant
Service may be effected upon all the defendants by serving
c. By facsimile; upon any one of them, or the person in charge of the office
or place of business maintained in such name (Sec. 7, Rule
14).
d. By electronic means with the prescribed
proof of service; or Special appearance; duty of the counsel
e. By such other means as the court, in its Where the summons is improperly served and a lawyer
discretion, may direct. makes a special appearance on behalf of the defendant to,
among others, question the validity of service of summons,
the counsel shall be deputized by the court to serve
IV. UPON PUBLIC CORPORATIONS summons on his or her client (Sec.13, Rule 14)
When the defendant is the Republic of the Philippines,

service may be effected on the Solicitor General; in case Summons by publication
of a province, city or municipality, or like public
corporations, service may be effected on its executive In the case of Santos v. PNOC Exploration, G.R. No.
head, or on such other officer or officers as the law or the 170943, September 23, 2008, the rule stating that
court may direct. summons by publication applies only in actions in rem and
quasi in rem was the old rule. The new rule expressly
provides that it now applies to any action (in rem, quasi
in rem, in personam).

Summons by publication is proper in any action Defendant not In rem or quasi in All of which require
provided: residing and rem, that will prior leave of court:
a. Where the identity or whereabouts of the cannot be justify the 1. By personal
defendant are unknown found in the application of service;
i
Philippines extraterritorial 2. By publication in
b. When the defendant is a resident temporarily out
(Sec. 17, Rule service of a newspaper of
of the Philippines 14) summons in
NOTE: Both apply to any action which necessarily actions involving general
includes an action in personam. a nonresident: circulation in
such places and
RECOGNIZED MODES OF SERVICE: 1. Actions that for such time as
RESIDENT NON-RESIDENT affect the the court may
In person on the Personal service of personal order, in which
defendant under Sec 5, summons in the state is status of the case a copy of
Rule 14. In case where essential to the plaintiff; the summons
the defendant cannot be acquisition of jurisdiction 2. Actions which and order of the
served within a over his person. This is relate to, or court shall be
reasonable time, the only way of acquiring
the subject sent by
substituted service will jurisdiction over the
matter of registered mail to
apply, but not summons person if he does not want
by publication. Exceptions to voluntarily appear. which is the last known
were provided above. property within address of the
XPN: when the defendant the defendant; or
is a foreign private Philippines, in 3. In any manner
juridical entity not which the the court may
registered or with no defendant deem sufficient.
resident agent in the claims a lien or
Philippines. (Sec. 14, interest, actual
Rule 14) or contingent;
3. Actions which
Hierarchy of rules in the service of summons:
the relief
1) Diligent efforts to serve the defendant in person
demanded
must be resorted to. after 3 attempts 2 different
'
in
- dates
consists,
2) When the summons cannot be served in person
wholly or in
on the defendant within a reasonable period of part, in
time, then substituted service of summons may excluding the
be availed of. defendant
3) If the defendants whereabouts are unknown and from an
cannot be ascertained with diligent inquiry, within interest in the
90 calendar days from the commencement of the property
action, summons by publication may now be located in the
availed of (Borlongan v. Banco de Oro, G.R. No. Philippines;
217617, April 5, 2017). and
4. When the
DEFENDANT ACTION (IN SERVICE OF defendant’s
REM, IN SUMMONS property has
PERSONAM, been attached
OR QUASI IN in the
REM) Philippines.
Service upon Any action With leave of
Residents Any action 1. By personal
defendant court, by
temporarily service;
whose publication in a
out of the 2. By publication in
identity or newspaper of
Philippines
whereabouts general circulation a newspaper of
(Sec. 16, Rule
are unknown general
14)
(Sec. 16, Rule circulation in
14) such places and
for such time as days from issuance of summons by the clerk of court and
the court may receipt thereof to complete the service.
order, in which
Within 5 Calendar Days from service of summons –
case a copy of
The server (sheriff or process server, or person
the summons authorized by the court) shall file with the court and serve
and order of the a copy of the return to the plaintiff’s counsel
court shall be (personally/registered mail/electronic means authorized
sent by by the Rules).
registered mail
to the last If substituted service was effected, the return shall
state the following:
known address
of the 1. Impossibility of personal service within a period of
defendant; or 30 calendar days from issue and receipt of
3. In any manner summons;
the court may 2. Date and time of the 3 attempts on at least 2
deem sufficient. different dates to cause personal service and
details of the inquiries made to locate the
NOTE: If a
defendant; and
resident is out of
the country 3. Name of the person who received the substituted
temporarily, he summons in accordance with the provisions of
cannot be Section 6(a),(b), and (c) of who may receive the
expectedly served summons.
within the
reasonable time. NOTE: If all of the enumeration above are present in the
Hence, this sheriff’s return, presumption of regularity will arise
constitutes the (Paramount Insurance Corporation v. Japzon, G.R. No. L-
operative fact that 68037, July 29, 1992).
triggers the
application of NOTE: In cases wherein a client forgets the details of how
substituted service summons was served to him or her, you should go to the
or Sec. 6, Rule 14. court to get the Sheriff’s Return. A Sheriff’s Return will tell
you how summons was effected. It will serve as the best
SECTION 19 : LEAVE OF COURT evidence as to how summons was effected by the server.
Leave of Court SECTION 21: PROOF OF SERVICE
Any application to the court under this Rule for leave to The proof of service of summons shall:
effect service in any manner for which leave of court is 1. Made in writing by the server and shall set forth the
necessary shall be made: manner, place, and date of service
2. Shall specify:
1. By motion in writing; and a. Any papers which have been served with the
2. Supported by affidavit of the plaintiff or some process; and
person on his behalf, setting forth the grounds b. Name of the person who received the same; and
for the application. 3. Be sworn to when made by a person other than a
sheriff or his or her deputy.
NOTE: Prior to the A.M. No. 19-10-20-SC (2019
The amendments provide that if the summons was served by
Proposed Amendments to the 1997 Rules of Civil
electronic mail, the proof of service will be the printout of the
Procedure) this section was found in Section 17, Rule 4. said e-mail along with the copy of the summons served, and the
affidavit of the person mailing.
SECTION 20: RETURN
:) SECTION 22: PROOF OF SERVICE BY PUBLICATION
Return →
report
If the service has been made by publication, service may
Within 30 Calendar Days – The sheriff or process server, be proved:
or person authorized by the court shall have 30 calendar
1. By the affidavit of the publisher, editor, business Motion
or advertising manager, to which affidavit a copy
of the publication shall be attached; and A motion is an application for relief other than by a
pleading (Rule 15, Sec. 1, RoC).
NOTE: In the old Rules of Court, the “publisher” replaced
A motion is an application for something, such as:
the words “printer, his foreman or principal clerk.”
1. Motion for postponement;
2. By an affidavit showing the deposit of a copy of 2. Motion for extension of time to file a pleading.
the summons and order for publication in the post
office, postage prepaid directed to the defendant A motion is not a pleading but a collateral matter which
one seeks an application for.
by registered mail to his last known address.
Notice; Not Necessary
SECTION 23: VOLUNTARY APPEARANCE
There is no need to furnish the adverse party of a notice
In the old Rules of Court, the inclusion in a motion to of a hearing. The 2019 Amendments deleted Sections 4
dismiss of other grounds aside from lack of jurisdiction and 5 of Rule 15 of the 1997 Rules of Civil Procedure.
over the person of the defendant was NOT deemed a
voluntary appearance but in the amendments the word SECTION 2: MOTION MUST BE IN WRITING
“not” was removed. GR: Motions must be in writing (Rule 15, Sec. 2, Par. 1,
RoC).
Voluntary Appearance = summons =
jurisdiction over the
person
XPN: Motion may be made in open court or in the course

A voluntary appearance cures the defective service of of a hearing or trial (Rule 15, Sec. 2, Par. 2, RoC).
summons wherein despite no service of summons or a
defective summons, the court will be able to acquire Deciding on a Motion
jurisdiction over the person of the defendant.
The Judge, after giving the other party time to be heard
Q: Chandumal failed to settle her obligation in a contract to
sell. Thus, PDB filed an action for judicial confirmation of
on the matter, is required to immediately rule on a motion
notarial rescission and delivery of possession. Substituted made in open court (Rule 15, Sec. 2, Par. 2, RoC).
summons was issued and served by the Sheriff to
Chandumal’s mother since she was always out of the house. When the motion is based on facts not appearing on
For failure to file an answer, PDB filed an ex parte motion to record, the court may hear the matter on affidavits or
declare Chandumal in default. Chandumal filed an Urgent depositions, but the court may direct the matter to be
Motion to Set Aside Order of Default and Admit Attached heard wholly or partially on oral testimony or depositions
Answer maintaining that she did not receive summons. (Rule 15, Sec. 2, Par. 3, RoC).
Did the court acquire jurisdiction over Chandumal? Evidence may be presented for a motion, such as in a
motion for the issuance of a preliminary injunction.
A: YES. Despite there being no valid substituted service of
summons, Chandumal voluntarily submitted to the SECTION 3: CONTENTS
jurisdiction of the trial court through Voluntary Appearance.
When Chandumal filed an Urgent Motion to Set Aside Order A motion must:
of Default and to Admit Attached Answer, she effectively
submitted her person to the jurisdiction of the trial court as 1. State the relief sought to be obtained and the
the filing of a pleading where one seeks an affirmative relief
grounds upon which it is based; and
is equivalent to service of summons and vests the trial court
with jurisdiction over the defendant's person. 2. Be accompanied by supporting affidavits and
other papers, if required by these Rules or
It was ruled that the filing of motions to admit answer, for necessary to prove facts alleged. (Rule 15, Sec.
additional time to file answer, for reconsideration of a default 3, RoC).
judgment, and to lift order of default with motion for
reconsideration is considered voluntary submission to the
trial court's jurisdiction (Planters Development Bank vs. SECTION 4: NON-LITIGOUS MOTIONS
Chandumal, G.R. No. 195619, September 5, 2012).
Kinds of Motions
RULE 15: MOTIONS 1. Non-litigious Motions (Rule 15, Sec. 4, RoC).
SECTION 1: MOTION DEFINED
2. Litigious Motions (Rule 15, Sec. 5, RoC).
>
no need for
hearing 5. Motion for execution pending appeal;
Non-litigious motions= does not affect adverse
>
party
's
rights 6. Motion to amend after a responsive pleading has been
These are motions which the court may act upon without filed;
prejudicing the rights of adverse parties are non-litigious
motions. 7. Motion to cancel statutory lien
Examples of Non-litigious Motions 8. Motion for an order to break in or for a writ of

demolition;
1. Motion for the issuance of an alias summons.
9. Motion for intervention;
2. Motion for extension to file answer
10. Motion for judgment on the pleadings;
3. Motion for postponement;
11. Motion for summary judgment;
4. Motion for the issuance of a writ of execution
12. Demurrer to evidence;
5. Motion for the issuance of an alias writ of execution 13. Motion to declare defendant in default; and
6. Motion for the issuance of a writ of possession 14. Other similar motions (Rule 15, Sec. 5, Par. a, RoC).
7. Motion for the issuance of an order directing the
sheriff to execute the final certificate of sale; and Service of Litigious Motions
8. Other similar motions (Rule 15, Sec. 4, RoC). All motions, so as to ensure their receipt by the other party, must
be served by:
1. Personal service;
Motion for the Issuance of an “Alias” 2. Accredited private courier;
3. Registered mail; or
“Alias” means that one has already been issued but it was 4. Electronic means (Rule 15, Sec. 5, Par. b, RoC).
damaged or lost for some reason. Hence, it is non-
litigious. Opposition to a Litigious Motion
Deciding on a Non-litigious Motion The opposing party shall file his or her opposition to a litigious
motion within five (5) calendar days from receipt thereof. No
These motions will not be set for hearing and shall be other submissions shall be considered by the court in the
resolved by the court within five (5) calendar days from resolution of the motion.
receipt thereof.
The motion shall be resolved by the court within fifteen (15)
calendar days from its receipt of the opposition thereto, or upon
Right to be Heard; Not Necessary
expiration of the period to file such opposition (Rule 15, Sec. 5,
Par. c, RoC).
Non-litigious motions can be acted upon even without
giving the adverse party the right to be heard. These Right to be Heard; Necessary
i
motions can be granted without any issue as they will not a.
prejudice the rights of the other party. Litigious motions must be acted upon only after giving the other
party the opportunity to be heard.
SECTION 5: LITIGIOUS MOTIONS
✓affects the rights of the After the movant has submitted the motion, the other party must
Examples of Litigious Motions adverse
party be given a chance to be heard regarding the matter because it
due will affect his rights.
/ must be served
process !
Litigious motions include:
✓ opposition may
y
be filed Illustration
1. Motion for bill of particulars;
w/ in 5 calendar
days A filed a motion to dismiss on the ground that the court
2. Motion to dismiss; does not have jurisdiction over the subject matter.
/ notice required ,
discretion
3. Motion for new trial; hearing upon A need not set it for hearing and only needs to give notice
of court
to the opposing counsel before submitting it to the court.
4. Motion for reconsideration; B, the other party, is given 5 days from receipt to file his

comment opposing the motion. A cannot reply to that Illustration: A motion to admit amended complaint.
comment.
Rule 10, Sec. 10, Rules of Court posits that you can amend a
complaint as a matter of right if you have not yet been served a
The court is tasked to resolve the motion from receipt of
copy of the answer or a motion for summary judgement.
the comment or expiration of the period. However, if an answer was already filed pursuant to the original
complaint, then the same can be amended only with leave of
SECTION 6: NOTICE OF HEARING ON LITIGIOUS court.
MOTIONS; DISCRETIONARY
In filing the motion to admit the amended complaint, the reasons
Notice of Hearing; Discretionary thereof and a copy of the proposed amended complaint must be
included.
In the exercise of its discretion and if deemed necessary for
the resolution of the motion, the court may call a hearing on Amended Complaint and Amended Answer
the motion (Rule 15, Sec. 6, RoC). If an amended complaint was attached and was only granted
more than a month after, the same shall be considered filed on
The court may order for a clarificatory hearing, which is the the day that it was submitted to the court. However, it is only
time when the parties will go to court. when the court approves of the amended complaint, that the
plaintiff will be required to submit an amended answer.
court
Notice of Hearing - >
by the
SECTION 11: FORM
The notice of hearing shall be addressed to all parties
concerned, and shall specify the time and date of the hearing The Rules applicable to pleadings shall apply to written
(Rule 15, Sec. 6, RoC). motions so far as concerns caption, designation,
signature, and other matters of form (Rule 15, Sec. 11,
SECTION 7: PROOF OF SERVICE NECESSARY RoC).
service before motion
No written motion shall be acted upon by the court without Verification Required
proof of service pursuant to Sec. 5(b) of Rule 15.
There are motions that are required to be verified by the
The opposing counsel must be furnished a copy before a Rules, such as a motion to set aside an order of default.
motion can be submitted to court.
SECTION 12: PROHIBITED MOTIONS
SECTION 8: MOTION DAY
The following motions shall not be allowed:
Litigious Motions to be Heard on Friday; Exceptions
(a) Motion to dismiss;
GR: The court’s hearing of a litigious motion shall be set on
a Friday (Rule 15, Sec. 8, RoC). Oral arguments will be Except on the following grounds:
made by both parties with respect to their positions.
1. Lack of jurisdiction – the court has no jurisdiction
XPN: Except for motions requiring the court’s immediate over the subject matter of the claim;
action.
2. Litis pendetia – there is another action pending
Under the previous 1997 Rules of Civil Procedure, it is the between the same parties for the same cause;
party that sets the hearing for a motion. Now, it is the court
that sets the hearing, only if necessary.
3. Res judicata – the cause of action is barred by a
SECTION 9: OMNIBUS MOTION prior judgment or by the statute of limitations (Rule
15, Sec. 12, Par. a, RoC); and
Subject to the provisions of Section 1 of Rule 9, a motion
attacking a pleading, order, judgment or proceeding must 4. Lack of the certification against forum shopping.
include all objections available. ↳ ex motion to dismiss
-
↳ attacks the
complaint
All objections not included shall be deemed waived (Rule (b) Motion to hear affirmative defenses;
15, Sec. 9, RoC).
The court shall motu proprio resolve or conduct summary
SECTION 10: MOTION FOR LEAVE hearing on affirmative defenses (Rule 8, Sec. 12, Pars. c
and d).
A motion for leave to file a pleading or motion shall be
accompanied by the pleading or motion sought to be admitted (c) Motion for reconsideration of the court’s action on the
(Rule 15, Sec. 10, Par. 1, RoC). affirmative defenses;
Illustrative Cases
(d) Motion to suspend proceedings without a temporary
restraining order or injunction issued by a higher court; The rules only allow a motion to dismiss once. In this
case, the defendant filed successive motions to dismiss,
(e) Motion for extension of time to file pleadings, affidavits under the guise of “supplemental motion to dismiss” which
or any other papers is not only improper but also dilatory (Tung Ho Steel vs.
Ting Guan Trading, G.R. No. 182153, April 7, 2014).
Except a motion for extension to file an answer as provided
by Rule 11, Sec. 11, because the extension of 30 days may It is a basic rule that a motion for extension of time to file
only be granted once. a pleading must be filed before the expiration of the period
sought to be extended. The court's discretion to grant a
(f) Motion for postponement intended for delay motion for extension is conditioned upon such motion's
timeliness, the passing of which renders the court
Except on the following grounds: powerless to entertain or grant it. Since the motion for
1. Based on acts of God; extension was filed after the lapse of the prescribed
period, there was no more period to extend (PNB vs.
2. Force majeure; or Deang Marketing Corp., G.R. No. 17793, December 8,
2008).
3. Physical inability of the witness to appear and
testify. SECTION 13: DISMISSAL WITHOUT PREJUDICE
An order granting a motion to dismiss or an affirmative

If the motion is granted based on such exceptions, the defense on the following grounds shall bar the refiling of
moving party shall be warned that the presentation of its the same action or claim:
evidence must still be terminated on the dates previously
agreed upon. 1. The cause of action is barred by a prior judgment
or by the statute of limitations;
A written or oral motion for postponement must, at all times,
be accompanied by the original official receipt from the office
of the clerk of court evidencing payment of the postponement
2. The claim or demand set forth in the plaintiff’s
fee under Section 21(b), Rule 141. This is to be submitted pleading has been paid, waived, abandoned or
either: otherwise extinguished; or
1. At the time of the filing of said motion; or
3. The claim on which the action is founded is
2. Not later than the next hearing date. unenforceable under the provisions of the statute
of frauds.
The clerk of court shall not accept the motion unless
accompanied by the original receipt (Rule 15, Sec. 12, RoC).
The order granting the motion to dismiss or an affirmative
Q: X filed a motion to dismiss on the ground of lack of defense shall still be subject to the right of appeal.
jurisdiction over the subject matter before the RTC, which
was denied. X filed a motion for reconsideration which was Illustration
also denied. Can X assail the denial of the motion to dismiss
via Rule 65 to the Court of Appeals? If the Motion to Dismiss is grounded upon the lack of
jurisdiction over the subject matter, the movant is allowed
A: YES. There is nothing in the rules that would prohibit you to refile it to the proper court.
from filing a motion for reconsideration for the denial of a
motion to dismiss on the ground of lack of jurisdiction over However, those mentioned in Section 13 cannot be
the subject matter. Hence, X can assail the denial of the refiled, therefore the only remedy is to file an appeal.
motion to dismiss and the motion for reconsideration via Rule
65 of the Rules. Rule 65 is an original special civil action, it RULE 17: DISMISSAL OF ACTIONS
is not an appeal. The pendency of the Rule 65 petition will
not automatically halt the proceedings of the main action. SECTION 1: DISMISSAL OF ACTIONS
X cannot file a motion to suspend proceedings in the RTC in A complaint may be dismissed by the plaintiff by filing a
lieu of the pending Rule 65 proceedings in the CA. However, notice of dismissal at any time before service of a) the
if the CA issues a Temporary Restraining Order or a Writ of Answer, or b) the Motion for summary judgment.
Preliminary injunction, then the proceedings with the RTC
can be suspended. Upon such notice being filed, the court shall issue an
order confirming the dismissal (Rule 17, Sec. 1, RoC).
Withdrawal of a case is not automatic If the second complaint was dismissed without prejudice,
the same complaint can no longer be refiled. The second
An order by the court confirming the dismissal is required dismissal will operate as an adjudication on the merits if
before a case or complaint is deemed dismissed (Rule the third complaint filed is based on the same action or if
17, Sec. 1, RoC). it includes the same claim.
NOTE: If a person files a second complaint without such SECTION 2: DISMISSAL UPON
order of confirmation of dismissal of the first complaint ② MOTION OF PLAINTIFF
filed, may be held guilty of litis pendencia, and the second
case filed can be dismissed. A complaint shall not be dismissed at the plaintiff's
instance save upon approval of the court and upon such
①Dismissal by plaintiff as a matter of right terms and conditions as the court deems proper (Rule 17,
Sec. 2, RoC).
GR: Dismissal is without prejudice
Effect on counterclaim
XPN:
1. Unless otherwise stated in the notice GR: The dismissal shall be without prejudice to the right
of the defendant to prosecute his or her counterclaim in a
2. A notice operates as an adjudication upon the separate action unless within fifteen (15) calendar days from
notice of the motion he or she manifests his or her preference
merits when filed by a plaintiff who has once to have his or her counterclaim resolved in the same action.
dismissed in a competent court an action based
on or including the same claim (Rule 17, Sec. 1, XPN: Unless otherwise specified in the order (Rule 17,
Rules of Court). Sec. 2, RoC).
NOTE: After the lapse of the 15 calendar days, the Court

Two-dismissal rule
could no longer entertain any motions filed thereafter. The
decision dismissing the complaint is final and executory and
It applies when the plaintiff has: has already attained finality. The Court no longer has
jurisdiction over the complaint.
1. Twice dismissed actions;
Q: When will the dismissal become by way of motion if an
2. Based on or including the same claim; and Answer had already been served?
3. In a court of competent jurisdiction (Riano, 2016). A: What marks the loss by a plaintiff of the right to cause
dismissal of the action by mere notice is not the filing of the
NOTE: The notice of dismissal operates as an defendant's answer with the Court (either personally or by
adjudication upon the merits (Rule 17, Sec. 1, RoC). mail) but the service on the plaintiff of said answer or of a
motion for summary judgment.
Q: A filed a complaint for the collection of a sum of money
against B on the ground of B’s failure to pay his debt “The filing of pleadings, appearances, motions, notices,
orders and other papers with the court,” according to Sec. 1,
before the RTC. Instead of filing an Answer, B asked A
Rule 13 of the Rules of Court, means the delivery thereof to
not to proceed with the case, provided that he will pay his
the clerk of the court either personally or by registered mail.
debt within one week. A agreed and then filed a Notice to Service, on the other hand, signifies the delivery of the
Dismiss the complaint pursuant to Sec. 1, Rule 17 of the pleading or other paper to the parties affected thereby
Rules of Court. However, B failed to pay his debt. through their counsel of record, unless delivery to the party
himself is ordered by the court, by any of the modes set forth
A then filed a second complaint against B. B again asked in the Rules, i.e., by personal service, service by mail, or
A to dismiss the complaint with the promise that he will substituted service (Go vs. Cruz, G.R. No. L-58986, April
already pay his debt. A gave B another chance, but B 17, 1989).
again failed to pay his debt. This prompted A to file a third
complaint against B. Will the third complaint prosper? NOTE: If a counterclaim has been pleaded by a defendant
prior to the service upon him or her of the plaintiff's motion
A: NO. The third complaint will not prosper. In fact, the for dismissal, the dismissal shall be limited to the complaint.
Court may already dismiss the second complaint filed by
A, unless otherwise stated in the notice that the dismissal A class suit shall not be dismissed or compromised
is without prejudice, except that a notice operates as an without the approval of the court (Rule 17, Sec. 2, RoC).
adjudication upon the merits when filed by a plaintiff who
has once dismissed in a competent court an action based
on or including the same claim (Rule 17, Sec. 1, RoC). ③ SECTION 3: DISMISSAL DUE TO THE
FAULT OF THE PLAINTIFF
2A ACADEMIC YEAR 2019-2020 defendant files 94
Sec. 4, Rule 17 of the Rules of Court shall apply to the
The complaint may be dismissed upon motion of the dismissal of any counterclaim, cross-claim, or third-party
defendant or upon the court's own motion, without complaint.
prejudice to the right of the defendant to prosecute his or
her counterclaim in the same or in a separate action, if, A voluntary dismissal by the claimant by notice as in Sec. 1,
for no justifiable cause, the plaintiff fails: Rule 17 of the Rules of Court, shall be made before a
responsive pleading or a motion for summary judgment is
1. To appear on the date of the presentation of his served or, if there is none, before the introduction of evidence
at the trial or hearing.
or her evidence in chief on the complaint;
2. To prosecute his or her action for an RULE 18: PRE-TRIAL

unreasonable length of time; or
SECTION 1: WHEN CONDUCTED
3. To comply with these Rules or any order of the
court (Rule 17, Sec. 3, RoC). After the last responsive pleading has been served and filed,
the-branch clerk of court shall issue, within five (5) calendar
days from filing, a notice of pre-trial which shall be set not
later than sixty (60) calendar days from the filing of the last
GR: The dismissal is with prejudice because such dismissal responsive pleading (Rule 18, Sec. 1, RoC).
has the effect of an adjudication upon the merits.
-
The difference from the Old Rule

XPN: Unless otherwise declared by the court (Rule 17, Sec.
3, RoC).
Under the old rule, a pre-trial is set at the instance of the
plaintiff. However, this has been amended in the New Rules.
Q: The Court issued an order requiring the plaintiff to implead
Under the New Rules, it is the clerk of court that is obliged
indispensable parties. The plaintiff, however, did not implead
to set the case for pre-trial.
the indispensable parties. Can the complaint be dismissed
on the ground of failure to obey the order of the court?
When should it be set?
A: Yes. Failure to implead indispensable parties does not
cause the dismissal of the complaint. It is the non- The branch clerk of court shall issue a notice of pre-trial
compliance of the court’s order that would cause the within five (5) calendar days from the filing of the last
complaint's dismissal (Domingo v. Scheer, G.R. No. responsive pleading.
154745, January 29, 2004).
The pre-trial shall be set not later than sixty (60) calendar
Q: Can a complaint be dismissed on the ground of the days from the filing of the last responsive pleading.
plaintiff’s failure to implead a necessary party ordered by the
court? Last responsive pleading
A: No. Plaintiff’s failure to implead the necessary party It shall be the last pleading filed by the parties permitted by
ordered by the court cannot cause the dismissal of the the Rules of Court.
complaint. Such failure will only result in a waiver under Sec.
9, Rule 3 of the Rules of Court. It may be an answer or a reply (if the answer was based on
an actionable document) or a rejoinder (if the reply was
NOTE: In Sec. 3, Rule 17, Rules of Court, the case is based on an actionable document).
dismissed on account of the plaintiff’s fault. Thus, this
dismissal is attributable to the plaintiff himself. SECTION 2: NATURE AND PURPOSE
Effect of plaintiff’s failure to appear after he presented The pre-trial is mandatory and should be terminated
his evidence promptly. The court shall consider:
When a plaintiff fails to appear during the presentation of the 1. The possibility of an amicable settlement or of a
defendant’s evidence after he has finished presenting his submission to alternative modes of dispute
evidence, it does not warrant the dismissal of the case. The resolution;
plaintiff merely waives his right to cross-examine the
witnesses.
2. The simplification of the issues;
SECTION 4: DISMISSAL OF COUNTERCLAIM,
3. The possibility of obtaining stipulations or
CROSS-CLAIM, OR THIRD-PARTY COMPLAINT
admissions of facts and of documents to avoid
unnecessary proof;

4. The limitation of the number and identification of
witnesses and the setting of trial dates; The branch clerk of court shall prepare the minutes of the
pre-trial (Rule 18, Sec. 2, RoC).
5. The advisability of a preliminary reference of
issues to a commissioner Mandatory nature of pre-trial; effects thereof
6. The propriety of rendering judgment on the As stated in Rule 18, Section 2, pre-trial is mandatory.
w/ prejudice
Failure of the plaintiff and his counsel to attend the pre-trial
pleadings, or summary judgment, or of dismissing Sec
.
would lead to the dismissal of the case. On the other hand,

5 ,
\
18
Role
the action should a valid ground therefor be found failure of the defendant to appear during the pre-trial would
to exist permit the plaintiff the ex parte |presentation of evidence
if default
(Rule 18, Section 5, RoC). > as in
7. The requirement for the parties to:

In addition, the second paragraph states that failure of a
a. Mark their respective evidence if not yet party to appear during pre-trial, without just cause, shall
result in a waiver of any objections to the faithfulness of the
marked in the judicial affidavits of their
reproductions marked, or their genuineness and due
witnesses; execution.
b. Examine and make comparisons of the Failure of the judge to conduct a pre-trial conference
adverse parties' evidence vis-a-vis the copies
to be marked; The failure of a judge to conduct a pre-trial conference is
contrary to elementary rules of procedure. When the law or
c. Manifest for the record stipulations regarding procedure is elementary, failure to observe it would
the faithfulness of the reproductions and the constitute gross ignorance of the law and warrants a
corresponding penalty (Riano, 2016).
genuineness and due execution of the
adverse parties' evidence; Failure to bring the evidence required
-d. Reserve evidence not available at the pre-

trial, but only in the following manner:
Paragraph 3 provides that the failure of a party to bring the
evidence required would constitute as a waiver of the
presentation of such evidence.
i. For testimonial evidence, by giving The difference from the Old Rule
the name or position and the nature
The New Rules added that pre-trial should be terminated
of the testimony of the proposed
promptly. It also adds more considerations [Rule 18,
witness; Sections 2 (d), and (g) were added] that the court should also
recognize.
ii. For documentary evidence and other
object evidence, by giving a Motion to postpone pre-trial conference is not a matter of
particular description of the right. At the outset, it should be emphasized that the trial
evidence. court has the discretion on whether to grant or deny a motion
to postpone and/or reschedule the pre-trial conference in
accordance with the circumstances obtaining in the case.
This must be so as it is the trial court that is able to witness
Note: No reservation shall be allowed if not made
firsthand the events as they unfold during the trial of a case.
in the manner described above. Postponements, while permissible, must not be
countenanced except for clearly meritorious grounds and in
8. Such other matters as may aid in the prompt light of the attendant circumstances (Parañaque Kings
disposition of the action. Enterprises vs. Santos, G.R. No. 194638, July 02, 2014).
The failure without just cause of a party and counsel to Q: Petitioners argue before the Supreme Court that the
appear during pre-trial, despite notice, shall result in a motion for summary judgment filed before the pre-trial must
waiver of any objections to the faithfulness of the first be resolved before proceeding to pre-trial. Are the
reproductions marked, or their genuineness and due petitioners’ correct?
execution.
A: The Supreme Court disagreed with their position ruling
that under Section 2(g) [now 2(f)] the non-resolution of the
The failure without just cause of a party and/or counsel
motion filed before the pre-trial does not prevent the holding
to bring the evidence required shall be deemed a
of the pre-trial (Sps. Pascual vs. First Consolidated Rural
waiver of the presentation of such evidence. Bank, G.R. No. 202597, February 08, 2017).
SECTION 3: NOTICE OF PRE-TRIAL However, this rule is subject to exceptions. As given in the
same rule, the non-appearance of a party and counsel
The notice of pre-trial shall include the dates may be excused only in three instances (AFP):
respectively set for:
1. Acts of God;
a. Pre-trial;
2. Force Majeure
b. Court-Annexed Mediation; and
3. Duly Substantiated Physical Inability
c. Judicial Dispute Resolution, if necessary.
f.
Representatives, when allowed
The notice of pre-trial shall be served on counsel, or on
the party if he or she has no counsel. The counsel served A representative may appear on behalf of a party as long as
with such notice is charged with the duty of notifying the such representative is authorized in writing to submit to
party represented by him or her. alternative dispute resolution and to enter into stipulations or
admissions of facts and documents.
Non-appearance at any of the foregoing settings shall be
deemed as non-appearance at the pre-trial and shall merit In this case, the petitioner’s counsel admitted that he failed
the same sanctions under Section 5 hereof (Rule 18, Sec. to notify his clients of the scheduled pre-trial because he
3, RoC). failed to note it in his calendar and eventually forgot about it
because of his “heavy workload.” According to the Supreme
Court, such excuse hardly constitutes exigencies or
Notice of Pre-Trial; To whom served
situations which would warrant flexibility of the rules. As
such, the exceptions are given in Rule 18; Section 4 may not
The notice shall be served on the counsel of the party who be considered (Sps. Corpuz vs. Citibank, G.R. No. 175677
has the duty to notify his or her client of the notice. & G.R. No. 177133, July 31, 2009).
However, if the party has no counsel, the notice shall be
served to him or her. SECTION 5: EFFECT OF FAILURE TO APPEAR
The difference from the Old Rule When duly notified, the failure of the plaintiff and counsel to
appear without valid cause when so required, pursuant to the
The New Rules now require that the notice shall include next preceding Section, shall cause the dismissal of the
the dates for the pre-trial, court-annexed mediation, and action. The dismissal shall be with prejudice unless
judicial dispute resolution (if necessary). otherwise ordered by the court. A similar failure on the part
of the defendant and counsel shall be cause to allow the
Under Paragraph 3 of the Section, failure to appear at any plaintiff to present his or her evidence ex-parte within ten (10)
of the above-mentioned settings would render the effects calendar days from termination of the pre-trial, and the court
mentioned in Section 5 of the same rule applicable. to render judgment on the basis of the evidence offered
(Rule 18, Sec. 5, RoC).
SECTION 4: APPEARANCE OF PARTIES
Effect of Failure to Appear by the Plaintiff and
It shall be the duty of the parties and their counsel to appear Counsel; Remedy of the Plaintiff
at the pre-trial, court-annexed mediation, and judicial dispute
resolution, if necessary. The non- appearance of a party and The failure of the plaintiff and his or her counsel to appear,
→
counsel may be excused only for acts of God, force majeure,
or duly substantiated physical inability.
without valid cause, will cause the dismissal of the action.
The dismissal may be upon motion of the defendant or
upon motion of the court (Rule 17, Sec. 3, RoC).
A representative may appear on behalf of a party, but must
be fully authorized in writing to enter into an amicable Such dismissal shall be with prejudice unless
settlement, to submit to alternative modes of dispute otherwise stated by the court. Since, as a general rule,
resolution, and to enter into stipulations or admissions of the dismissal due to failure to appear is with prejudice, it
facts and documents (Rule 18, Sec. 4, RoC). shall operate as an adjudication to the merits; thus, it is
final. The remedy of the party, therefore, is to appeal the
The appearance of Parties is mandatory; Exceptions order of dismissal within the period provided for by the
rules. Such rule shall only apply if it was dismissed with
This section emphasizes the general rule that mandatory prejudice.
appearance of the counsel and the parties during the pre-
trial, court-annexed mediation, and judicial dispute However, such dismissal shall not bar the defendant from
resolution (if necessary). presenting his or her evidence to prove his counter-claim

in the same action or from instituting a separate action Court provides that if the absent party is the plaintiff, then he
against the plaintiff (Rule 17, Sec. 3, RoC). may be declared non-suited and his case dismissed; if it is
the defendant who fails to appear, then the plaintiff may be
Effect of Failure to Appear by the Defendant and allowed to present his evidence ex parte and the court to
Counsel; Remedy of the Defendant render judgment on the basis thereof (Booklight vs. Tiu,
G.R. No. 213650, June 17, 2019).
The failure of the defendant and his or her counsel to appear
during the pre-trial shall permit the plaintiff to present On the procedural aspect, the Court reiterates the rule that
evidence ex parte, and the court shall render a judgment the failure to attend the pre-trial conference does not result
based on the pieces of evidence offered by the plaintiff. in the default of an absent party. Under the 1997 Rules of
Civil Procedure, a defendant is only declared in default if he
The defendant need not file a motion to declare the fails to file his Answer within the reglementary period. On the
defendant in default. It must be noted that the default other hand, if a defendant fails to attend the pre-trial
discussed in this section is different from the one discussed conference, the plaintiff can present his evidence ex parte.
in Rule 9. Sections 4 and 5, Rule 18 of the Rules of Court provides this
The remedy of the defendant is to file a motion for (Sps. Salvador vs. Sps. Rabaja, G.R. No. 199990,
reconsideration, and if the denial is with grave abuse of February 04, 2015).
discretion, he or she may file a petition for certiorari under
Rule 65. SECTION 6: PRE-TRIAL BRIEF
Default under Rule 9 vs. Default under Rule 18 The Rules require the parties to file a pre-trial brief at least
three (3) calendar days before the date of the pre-trial.
RULE 9 RULE 18
The pre-trial brief must be served on the adverse party, also
MOTION TO DECLARE DEFENDANT IN DEFAULT
at least three (3) calendar days before the date of the pre-
The plaintiff must move to trial.
declare the defendant in for pre trial
-
default and must present The pre-trial brief must contain the following:
It is not required.
proof that defendant failed
to file an answer within the a. A concise statement of the case and the reliefs
reglementary period.
prayed for;
EX PARTE PRESENTATION OF EVIDENCE
Only if ordered by the
-
b. A summary of admitted facts and proposed

judge. Otherwise, the stipulation of facts;
judge shall render
It is required.
judgment based on the c. The main factual and legal issues to be tried or
reliefs prayed for in the
resolved;
pleading.
REMEDY d. The propriety of referral of factual issues to
Motion for
commissioners;
reconsideration. If tainted
Motion to set aside the
with grave abuse of e. The documents or other object evidence to be
order of default.
discretion, petition for
marked, stating the purpose thereof;
certiorari.
f. The names of the witnesses, and the summary of
Rule 17, Section 3, and Rule 18, Section 5, must be read in
their respective testimonies; and
conjunction. Rule 17, Section 3, contemplates a dismissal
due to the fault of the plaintiff. In this case, the dismissal was
due to the failure to appear at the pre-trial. This situation is g. A brief statement of points of law and citation of
also covered by Section 3, as extended by judicial authorities (Rule 18, Sec. 6, RoC).
interpretation, and is ordered, upon motion of the defendant
or motu proprio by the court (Sps. Corpuz vs. Citibank,
G.R. No. 175677 & G.R. No. 177133, July 31, 2009). Failure to file a pre-trial brief; Remedy
Tiu sued Booklight for unpaid rentals. Booklight was declared Failure to file a pre-trial brief shall have the same effect
to be “non-suited” under the Rules of Court for its failure to as failure to appear at the pre-trial. dismissal w/ prejudice
=
attend the pre-trial conference and for its failure to file a pre-
trial brief by the trial court. The Court ruled that the trial court Filing a pre-trial brief is mandatory and failure to file a pre-
erred in declaring Booklight “non-suited” under the Rules of trial brief will result to the application of Section 5 of Rule
Court. The failure of a party to appear at the pre-trial has 18. As such, the failure on the part of the plaintiff would
adverse consequences. Section 5, Rule 18 of the Rules of be declared non-suited and cause the dismissal of the
action, while the failure of the defendant would permit the agreed upon. Should the opposing party fail to appear
plaintiff to present his or her evidence ex parte. without valid cause stated in the next preceding paragraph,
the presentation of the scheduled witness will proceed with
A party who failed to file a pre-trial brief may file a motion the absent party being deemed to have waived the right to
for reconsideration, showing that his failure to file was due interpose objection and conduct cross-examination.
to fraud, accident, mistake, or excusable negligence.
The contents of the pre-trial order shall control the
The fact that petitioner did not have a counsel is not a subsequent proceedings, unless modified before trial to
prevent manifest injustice (Rule 18, Sec. 7, RoC).
reason for failure to file a pre-trial brief (Saguid vs. Court
of Appeals, G.R. No. 150611, June 10, 2003).
Pre-Trial Order
SECTION 7: PRE-TRIAL ORDER
This is an order issued by the court upon termination of the
pre-trial. It shall be issued within ten (10) calendar days from
Upon termination of the pre-trial, the court shall issue an the termination of the pre-trial.
order within ten (10) calendar days which shall recite in
detail the matters taken up. The pre-trial order defines and limits the issues to be tried
and its contents shall control the subsequent course of action
The order shall include: of the parties.
a. An enumeration of the admitted facts; Issues in the Pre-Trial Order
b. The minutes of the pre-trial conference; As a rule, issues included in the pre-trial order were defined
and limited only to the issues to be tried during the trial
c. The legal and factual issue/s to be tried; proper. However, this does not mean that those are the only
issues that may be discussed during trial. It also includes
d. The applicable law, rules, and jurisprudence; those that are implied from the ones written in the order.
e. The evidence marked; It was, thus, held that a pre-trial order is not intended to be a
detailed catalogue of each and every issue that is to be taken
f. The specific trial dates for continuous trial, which during the trial, for it is unavoidable that there are issues that
are impliedly included among those listed or that may be
shall be within the period provided by the inferable from those listed by necessary implication which
Rules;(g) The case flowchart to be determined by are as much integral parts of the pre-trial order as those
the court, which shall contain the different stages expressly listed (Riano, 2016).
of the proceedings up to the promulgation of the
decision and the use of time frames for each Q: Petitioner filed a complaint for the nullification of the sale
between his father and respondents claiming that the
stage in setting the trial dates; signature of his father was forged. It was admitted that during
the pre-trial conference that the signatures were forged and
g. A statement that the one-day examination of as such, petitioner moved for the execution of the partial
witness rule and most important witness rule judgment. The Court of Appeals reversed the decision of the
under A.M. No. 03-1-09-SC (Guidelines for Pre- trial court for the execution of the partial decision ruling that
Trial) shall be strictly followed; and extrinsic fraud was attendant in this case because although
respondent Juani was represented by his counsel in trial, the
latter did not understand the admissions he made during the
h. A statement that the court shall render judgment
pre-trial proceedings. Can Juani claim that he was denied his
on the pleadings or summary judgment, as the day in court?
case may be. The direct testimony of witnesses
for the plaintiff shall be in the form of judicial A: No. The Supreme Court held that respondent Juani
affidavits. After the identification of such cannot claim that he was denied his day in court since the
basis of the partial decision was the admissions made by his
affidavits, cross-examination shall proceed counsel. From the foregoing, the admissions were clearly
immediately. made during the pre-trial conference and, therefore,
conclusive upon the parties making it. Since the facts were
already admitted, there was no more reason to go to trial
Postponement of presentation of the parties’ witnesses at a which means that the trial court was correct in executing the
scheduled date is prohibited, except if it is based on acts of partial decision (Alarcon vs. Court of Appeals, G.R. No.
God, force majeure or duly substantiated physical inability of 152085, July 8, 2003).
the witness to appear and testify. The party who caused the
postponement is warned that the presentation of its evidence Q: Petitioners filed a Motion for Reconsideration
must still be terminated within the remaining dates previously concerning their right to repurchase however, such issue
was not covered by the pre-trial order. Will the issue be Judicial Dispute Resolution
limited only to the validity of the deed of sale?
It is a process whereby the judge employs conciliation,
A: No. While it is true that pre-trial is primarily intended to mediation, or early neutral evaluation in order to settle a case
make certain that all issues necessary to the disposition at the pre-trial stage. In the event this fails, then another
of a case are properly raised. Parties are expected to judge shall proceed to hear and decide the case.
disclose at a pre-trial conference all issues of law and fact This is not anymore mandatory and may only be resorted to
which they intend to raise at the trial. The determination if the judge is convinced that a settlement may still be
of issues at a pre-trial conference bars the consideration reached.
of other questions on appeal. However, as previously
intimated, the rules are not applied with rigidity SECTION 10: JUDGMENT AFTER PRE-TRIAL
°
especially when it will result to injustice. In this case,
the failure of the private respondents to object when the Should there be no more controverted facts, or no more
genuine issue as to any material fact, or an absence of any
petitioners were presenting evidence to prove the right to →
issue, or should the answer fail to tender an issue, the court
repurchase and their participation by cross-examining
shall, without prejudice to a party moving for judgment on the
petitioners’ witnesses constitutes an implied assent on the pleadings under Rule 34 or summary judgment under Rule
part of the private respondents to depart from the issue 35, motu proprio include in the pre-trial order that the case
contained in the pre-trial order (Son vs. Son, G.R. No. be submitted for summary judgment or judgment on the
73077, December 29, 1995). pleadings, without need of position papers or memoranda. In
such cases, judgment shall be rendered within ninety (90)
The Judicial Affidavit Rule and the Guidelines on Pre-Trial calendar days from termination of the pre- trial.
do not totally proscribe the submission of additional
evidence even after trial had already commenced. As long The order of the court to submit the case for judgment
as there are valid grounds to allow the submission of pursuant to this Rule shall not be the subject to appeal or
additional evidence (Lara’s Gift and Decors, Inc. vs. certiorari (Rule 18, Sec. 10, RoC).
PNB General Insurers, G.R. Nos. 230429-30, January
24, 2018). Judgment After Pre-Trial
SECTION 8: COURT-ANNEXED MEDIATION The Court, on its own, may move to render a judgment on
the pleadings (if the answer fails to tender an issue or admits
After pre-trial and, after issues are joined, the court shall the material allegations of the adverse party’s pleadings) or
refer the parties for mandatory court-annexed mediation. to execute a summary judgment (when there is no genuine
The period for court-annexed mediation shall not exceed issue as to any material fact).
thirty (30) calendar days without further extension (Rule
18, Sec. 8, RoC). The order of the court to submit the case for judgment under
this Rule cannot be the subject of an appeal or certiorari.
Court-Annexed Mediation (CAM)
RULE 19: INTERVENTION
It is a voluntary process conducted under the auspices of
the court by referring the parties to the Philippine SECTION 1: WHO MAY INTERVENE
Mediation Center (PMC) Unit for the settlement of their
dispute, assisted by a Mediator accredited by the Intervention
Supreme Court.
A remedy by which a third party, not originally impleaded
SECTION 9: JUDICIAL DISPUTE RESOLUTION in the proceedings, becomes a litigant therein to enable
him to protect or preserve a right or interest which may be
Only if the judge of the court to which the case was originally affected by such proceedings.
raffled is convinced that settlement is still possible, the case
may be referred to another court for judicial dispute In an intervention, the third party either joins the plaintiff
resolution. The judicial dispute resolution shall be conducted or unite with the defendant or demand something adverse
within a non-extendible period of fifteen (15) calendar days to both of them (Mactan-Cebu International Airport
from notice of failure of the court-annexed mediation. Authority vs. Heirs of Miñoza, G.R. No. 186045, February
2, 2011).
If judicial dispute resolution fails, trial before the original court
shall proceed on the dates agreed upon.
Ancillary Nature
All proceedings during the court-annexed mediation and
the judicial dispute resolution shall be confidential (Rule An intervention is never an independent proceeding, but
18, Sec. 9, RoC). ancillary and supplemental to an existing litigation and in
subordination to the main proceeding.
Pre-Trial Flow Chart
Pre-Trial Brief
(PTB)
Failure to file the

Filed the PTB
PTB
By plaintiff = By defendant = ex
dismissed without parte presentation Pre-Trial
prejudice unless of evidence by Conference
otherwise stated plaintiff
Failed to Appear No settlement Settlement
By plaintiff =
dismissed without Pre-Trial
prejudice unless Conference
otherwise stated
By defendant = ex
parte presentation Court Annexed
of evidence by Mediation
plaintiff
Judicial Dispute
Resolution, if
needed
Trial
Court renders a
decision

An intervention is merely an interlocutory proceeding b. Legal interest in the success of either of the
dependent or subsidiary to the main action. If the main parties in the action;
action ceased to exist, there is no pending proceeding c. Legal interest against both parties;
wherein the intervention may be based. A judgment d. Movant is so situated as to be adversely
approving a compromise agreement is final and affected by a distribution or other disposition
immediately executory. Continuance of an intervention in of property in the custody of the court or of
this case would serve no purpose at all (Ordoñez vs.
an officer (Rule 19, Sec. 1, RoC).
Gustillo, G.R. No. 81835, December 20, 1990).
An intervention cannot alter the nature of the action and Legal Interest
the issues already joined (Bar 2011).
Actual, material, direct, and of an immediate character
(Mactan-Cebu International Airport Authority vs. Heirs of
Jurisdiction over an intervention is governed by the
Miñoza, G.R. No. 186045, February 2, 2011).
jurisdiction over the main action. An intervention
presupposes the pendency of a suit in a court of It must not be merely contingent or expectant, so that the
competent jurisdiction (Pulgar vs. RTC of Mauban, intervenor will either gain or lose by the direct legal operation
Quezon Br. 64, G.R. No. 157583, September 10, 2014). of the judgment.
Not a Matter of Right If persons whose interest are not actual, material, direct, and
of an immediate character, proceedings would become
Intervention is not a matter of right but may be permitted unnecessarily complicated, expensive, and interminable
when the applicant shows facts which satisfy the (Mactan-Cebu International Airport Authority vs. Heirs of
requirements if the statute authorizing intervention. Miñoza, G.R. No. 186045, February 2, 2011).
Subject to Court’s Discretion A corporate stockholder cannot, merely on the basis of being
a stockholder, have a legal right to intervene in cases
GR: The allowance or disallowance of a motion for involving corporate assets. A shareholder is not an owner of
intervention rests on the sound discretion of the court after a corporate property, which is owned by the corporation as
consideration of the appropriate circumstances. an entity with a separate and distinct personality of its own
(Magsaysay-Labrador vs. CA, G.R. No. 58168, December
XPNs: 19, 1989).
While a share of a stock represents a proportionate interest

1. Intervenor turns out to be an indispensable party;
of a shareholder in the property of a corporation, it does not
and vest upon him any legal right or title to any of the property of
2. In a class suit where any party in interest of the the corporation. The interest of the stockholders is merely
class has the right to intervene (Rule 3, Sec. 12, indirect, contingent, remote, conjectural, consequential, and
RoC). collateral. Their interest is purely inchoate, or in a sheer
expectancy of a right in the management of the corporation
and to share in the profits and in the properties and asset in
Considerations to be taken dissolution, after payment of the corporate debts and
obligations (Magsaysay-Labrador v. CA, G.R. No. 58168,
The court in allowing or disallowing an intervention should December 19, 1989).
take into consideration whether or not:
Remedy for the denial of an intervention
1. Intervention will unduly delay or prejudice the
adjudication of the rights of the original parties, The order of the court in denying the motion for intervention
and is not a decision on the merits of the case and does not
2. Intervenor’s right or interest can be adequately constitute res judicata.
pursued and protected in a separate proceedings The remedy is to appeal. The proposed intervenor cannot
(Rule 19, Sec. 1, RoC), appeal from the decision, but only from the order denying the
intervention (Herrera, 2007).
Requisites for intervention
Complaint-in-Intervention vs. Third-party Complaint
1. There must be a motion for leave to intervene
filed before rendition of judgment by the trial COMPLAINT-IN- THIRD PARTY
court; INTERVENTION COMPLAINT
2. Movant must show in his motion that he has a: BY WHOM FILED
a. Legal interest in the matter in litigation; or
Original party to
Intervention can no longer be allowed in a case already
Stranger to the action to the case to join terminated by final judgment (Yu vs. Miranda, G.R. 225752,
be made a party therein. the third person in March 27, 2019).
the action
PURPOSE SECTION 3: PLEADINGS-IN-INTERVENTION
Complaint-in-Intervention vs. Answer-in-Intervention

Contribution,
May intervene for his Indemnification, COMPLAINT-IN- ANSWER-IN-
sole benefit and for his Subrogation, or INTERVENTION INTERVENTION
own interest. Other reliefs (Rule NATURE
6, Sec. 11, RoC).
Intervenor unites with Intervenor unites with
plaintiff. defendant.
SECTION 2: TIME TO INTERVENE
PURPOSE
GR: The motion to intervene may be filed at any time
before rendition of judgment by the trial court. Assert claim against Resist claim against either
either or all of the original or all of the original
A copy of the pleading-in-intervention shall be attached to parties. parties.
the motion and served on the original parties.
After the intervenor has appeared in the action, the The allowance or disallowance of a motion for intervention
plaintiff has no absolute right to put the intervenor out of rests on the sound discretion of the court after consideration
court by the dismissal of the action. The parties to the of the appropriate circumstances. It is not an absolute right.
original suit have no power to waive or otherwise annul The statutory rules or conditions for the right of intervention
the substantial rights of the intervenor. When an must be shown. The procedure to secure the right to
intervening petition has been filed, a plaintiff may not intervene is to a great extent fixed by the statute or rule, and
dismiss the action in any respect to the prejudice of the intervention can, as a rule, be secured only in accordance
intervenor (Metropolitan Bank and Trust Company vs. with the terms of the applicable provision (MCIAA vs. Heirs
Raycor Aircontrol System, G.R. 89909, September 21, of Estanislao Minoza, G.R. 186045, February 2, 2011).
1990).
Complaint-in-Intervention Against Both
XPNs:
If the intervenor does not ally himself with either party.
1. With respect to indispensable parties,
It is an initiatory pleading, subject to Payment of Docket Fees
intervention may be allowed even on appeal; and Certification against Forum-Shopping.
2. In order to avoid injustice; or
3. Protect interest which cannot otherwise be Prohibitions on Interventions in Summary Procedure
protected. and Small Claims Cases
Exceptions on Right to Intervene Despite Timely Under the Revised Rules on Summary Procedure and
application Revised Rules on Small Claims, interventions are NOT
allowed in such proceedings.
1. Lack of legal interest on the matter;
2. Unduly delays the principal suit; SECTION 4: ANSWER TO
3. Enlarges the issues; or COMPLAINT-IN-INTERVENTION
4. Expands the scope of remedies
The answer to the complaint-in-intervention shall be filed
Dismissal of Original Complaint within fifteen (15) calendar days from notice of the
order admitting the same, unless a different period is fixed
In other words, the cessation of the principal litigation – by the court.
on jurisdictional grounds at that – means that Pulgar had,
as a matter of course, lost his right to intervene. Where Failure to interpose a timely objection when the motion for
the right of the latter has ceased to exist, there is nothing leave to intervene was filed bars belatedly questioning the
to aid or fight for; hence, the right of intervention ceases validity of the same on appeal (Metropolitan Bank and
(Pulgar vs. RTC, G.R 157583, September 10, 2014).
Trust Company vs. Raycor Aircontrol System, G.R. Subpoena is a process directed to a person requiring him to
89909, September 21, 1990). attend and to testify at the hearing or the trial of an action, or
at any investigation conducted under the laws of the
Procedure for Intervention Philippines, or for taking of his deposition (Rule 21, Sec. 1,
RoC).
1. The motion and pleading shall be served upon
the original parties; Subpoena vs. Summons
2. The intervenor shall file a motion for intervention
attaching thereto his pleading-in-intervention.
SUBPOENA SUMMONS
An order to appear and to Writ notifying of action
The pleading to be filed depends upon the testify at the hearing or for brought against
purpose of the intervention; and taking deposition. defendant.
3. Answer to complaint-in-intervention shall be filed May be served to a non- Served on the
within fifteen (15) calendar days from notice of the party. defendant.
order admitting the same, unless a different Needs tender of kilometrage,
Does not need tender
period is fixed by the courts. attendance fee, and
of kilometrage and
reasonable cost of
other fees.
production fee.
RULE 20: CALENDAR OF CASES
Two Kinds of Subpoena
SECTION 1: CALENDAR OF CASES
1. Subpoena duces tecum – It is a process directed
The Clerk of Court shall keep a calendar of cases for: to a person requiring him to bring with him any
books, documents, or other things under his control
1. Pre-Trial; (Rule 21, Sec. 1, RoC).
2. Trial;
3. Those whose trials were adjourned or postponed; 2. Subpoena ad testificandum – It is a process
and directed to a person requiring him to attend and to
4. Those with motions set for hearing (Rule 20, Sec. testify at the hearing or trial of an action or at any
1, RoC). investigation conducted by competent authority or
for the taking of his deposition (Rule 21, Sec. 1,
Preference is given to the following cases (HEST): RoC).
1. Habeas Corpus cases; When requesting party may avail himself of the
2. Election cases; issuance of a subpoena ad testificandum or duces
3. Special Civil Actions; and tecum
4. Those so required by law (Rule 20, Sec. 1, RoC).
If the government employee or official, or the requested
witness, who is neither the (a) witness of the adverse party
SECTION 2: ASSIGNMENT OF CASES nor a (b) hostile witness:
The assignment of cases to the different branches of 1. Unjustifiably declines to execute a judicial affidavit;
the court shall be done: or
2. Refuses without just cause to make the relevant
1. Exclusively by raffle;
books, documents, or other things under his control
2. In open session; and
available for copying, authentication and eventual
3. With adequate notice given to interested parties
production in court.
Note: The rules governing the issuance of a subpoena to the
RULE 21: SUBPOENA witness in this case shall be the same as when taking his
deposition except that the taking of a judicial affidavit shall
SECTION 1: SUBPOENA AND be understood to be ex parte (Sec. 5, A.M. No. 12-8-8-SC).
SUBPOENA DUCES TECUM
SECTION 2: BY WHOM ISSUED
Subpoena is a Latin term which literally means “under the
pain of penalty.” The following may issue a subpoena:

1. The court before whom the witness is required to
attend; Q: A case for unfair competition with damages was filed
2. The court of the place where the deposition is to against petitioner Universal Rubber Products. The judge,
acting favorably on the request of respondents, issued a
be taken; subpoena duces tecum directing the treasurer of Universal
3. The officer or body authorized by law to do so in to bring with him to the lower court “all sales invoices, sales
connection with investigations conducted by said books and ledgers.” Petitioner filed a motion praying that the
officer or body; or subpoena be quashed on the ground that it is both
unreasonable and oppressive as the books and documents
4. Any Justice of the SC or of the CA in any case or
are numerous and voluminous, there is no good cause
investigation pending within the Philippines (Rule shown for the issuance, and that the documents and books
21, Sec. 2, RoC). are not relevant to the case pending. Is the subpoena duces
tecum proper?
Subpoena to a prisoner
A: Yes. In order to entitle a party to the issuance of a
The judge or officer shall examine and study carefully such "subpoena duces tecum," it must appear by clear and
application to determine whether the same is made for a unequivocal proof, that the book or document sought to be
valid purpose. produced contains evidence relevant and material to the
issue before the court, and that the precise book, paper or
GR: No prisoner sentenced to death, reclusion perpetua or document containing such evidence has been so designated
life imprisonment and is confined in prison shall be brought or described that it may be identified. In a suit for unfair
outside the said penal institution for appearance or competition, it is only through the issuance of the questioned
attendance in any court. "subpoena duces tecum" that the complaining party is
afforded his full rights of redress. To determine the amount
XPN: When authorized by the Supreme Court (Rule 21, Sec. of damages allowable after the final determination of the
2, RoC). unfair labor case would not only render nugatory the rights of
complainant under Sec. 23 of R.A. 166, but would be a
Remedy: If not authorised because of risk of flight, the repetitious process causing only unnecessary delay
hearing could be conducted in the penal institution where the (Universal Rubber Products, Inc. v. Hon. Court of
prisoner is located. Appeals, G.R. No. L-30266, June 29, 1984).
SECTION 3: FORM AND CONTENTS SECTION 4: QUASHING A SUBPOENA
Contents of subpoena (NaDiDe) Grounds for Quashal of Subpoena duces tecum
1. Name of the court and the title of the action or Upon motion promptly made, in any event, or before the time
specified therein:
investigation,
2. Shall be directed to the person whose attendance 1. If it is unreasonable and oppressive;
is required, and 2. The relevancy of the books, documents or things
3. In the case of a subpoena duces tecum, it shall does not appear;
also contain a reasonable description of the 3. If the person in whose behalf the subpoena is issued
books, documents or things demanded which fails to advance the reasonable cost of the
must appear to the court prima facie relevant. production thereof (Rule 21, Sec. 4, RoC); or
(Rule 21, Sec. 3, RoC). 4. That the witness fees and kilometrage allowed by
the Rules were not tendered when the subpoena
Requisites for issuance of Subpoena Duces Tecum was served.
1. Test of Relevancy – The books, documents or NOTE: The grounds are0

not exclusive.
other requests must appear to be prima facie
relevant; Grounds for Quashal of Subpoena ad testificandum
2. Test of Definiteness – Such books must be 1. The witness is not bound thereby;
reasonably described to be readily identified. 2. The witness fees and kilometrage allowed by the
Rules were not tendered when the subpoena was
NOTE: A general inquisitorial examination of all the books, served (Rule 21, Sec. 4, RoC); or
papers, and documents of an adversary, conducted with a 3. The witness invokes his viatory right (Rule 21, Sec.
view to ascertain whether something of value may not shop 10, RoC). ↳ resides more than 100km from his or her
up will not be enforced (Roco v. Contreras, G.R. No. residence
158275, June 28, 2005).
NOTE: The grounds are not exclusive.
Proof of service of notice to take a deposition, as provided in
Illustrative Case Sections 15 and 25, Rule 23, shall constitute sufficient
authorization for the issuance of subpoenas for the persons
If the court is in Batangas, and the witness lives in Cebu, named in said notice by the clerk of the court of the place in
which is more than 100 kms away. Even if the court issues which the deposition is to be taken. The clerk shall not,
a subpoena, the witness, who lives 100kms away from the however, issue a subpoena duces tecum to any such person
court in which he is supposed to testify is not bound to without an order of the court (Rule 21, Sec. 5, RoC).
follow the subpoena. He cannot be cited in contempt for
An express order of the court is necessary for the issuance
failing to appear.
by the clerk of court of a subpoena duces tecum to a witness
for the taking of his deposition, because the officer before
The remedy is deposition. The party requesting the whom the deposition is taken has no authority to Rule on
witness will be the one who will go to the place of the objections, including a motion to quash.
supposed witness. The party may either file a deposition
or written interrogatories. However, such is not necessary for the issuance of a
subpoena duces tecum to a witness for the hearing or trial
NOTE: This viatory right is applicable only in civil cases before the court (Feria, 2013).
(People of the Philippines v. Hon. Gregorio Montejo,
G.R. No. L-24154, October 31, 1967). SECTION 6: SERVICE
:
Q: A criminal case was filed in the CFI of Zamboanga City 1. It shall be made in the same manner as personal or
against Felix Wee Sit for double homicide and serious -
substituted service of summons;
physical injuries thru reckless imprudence. During trial, it 2. The original shall be exhibited and a copy thereof
was stated that a certain Ernesto, a permanent resident delivered to the person on whom it is served; and
of Montalban Rizal is a material and important witness in
3. Tendering to him the fees for one day’s attendance and
the case, as he happened to be an eye-witness during the
the kilometrage allowed by the Rules (Rule 21, Sec. 6,
traffic incident wherein a private jeep was driven
recklessly by Felix Wee in the public highway of RoC).
Zamboanga City. Subpoena was served on Ernesto but
he did not appear. The City Fiscal formally moved for an XPN: When a subpoena is issued by or on behalf of the
order of arrest or in the alternative to cite him for contempt Republic of the Philippines or an officer or agency thereof,
for willful failure to appear at the trial, which the the tender need not be made.
respondent Judge denied. Whether the judge’s denial is
NOTE: If the subpoena is duces tecum, the reasonable cost
proper?
of producing the books, documents or things demanded shall
also be tendered.
A: No. Under the circumstances, in view of the serious
handicap to which the prosecution would thus be Rationale for service of summons
subjected in proving its case, the order of respondent
judge denying the motion for an order of arrest or a The service must be made so as to allow the witness a
citation for contempt in the alternative, based on a clear reasonable time for preparation and travel to the place of
misapprehension of the Rules of Court, could be viewed attendance.
as amounting to grave abuse of discretion. It would follow
then that respondent Judge should decide said motion SECTION 7: PERSONAL APPEARANCE IN COURT
without taking into consideration Section 9 of Rule 23.
A person present in court before a judicial officer may be
It is loath to clip what undoubtedly is the inherent power of required to testify as if he or she were in attendance upon a
the Court to compel the attendance of persons to testify in a subpoena issued by such court or officer (Rule 21, Sec. 7,
case pending therein. Section 9 of Rule 23 is thus interpreted RoC).
to apply solely to civil cases. A recognition of such power in
a court of first instance conducting the trial of an accused SECTION 8: COMPELLING ATTENDANCE
may be gleaned from principle that justifies it when satisfied
"by proof or oath, that there is reason to believe that a Upon Failure of Witness to Attend
material witness for the prosecution will not appear and
testify when required," to order that he "give bail in sum as it
If the court determines that the witness’ disobedience was
may deem proper for such appearance. Upon refusal to give
bail, the court must commit him to prison until he complies or
willful and without just excuse, the court or judge which
is legally discharged (People of the Philippines v. Hon. issued the subpoena may:
Gregorio Montejo, G.R. No. L-24154, October 31, 1967).
1. Issue a warrant to the sheriff of the province or to
SECTION 5: SUBPOENA FOR DEPOSITIONS the deputy to arrest the witness and bring him

before the court or officer where his attendance is In computing, any period of time prescribed or allowed by
required; and these Rules, or by order of the court or by any applicable
2. Make him pay the cost of such warrant and statue, the day of the act or the event from which the
designated period of time begins to run is to be excluded
seizure (Rule 21, Sec. 8, RoC). and the date of the performance included.
SECTION 9: CONTEMPT If the last day falls on a Saturday, or a Sunday, or a legal

holiday, in the place where the court sits, the time shall not
The refusal to obey a subpoena without adequate cause run until the next working day (Rule 22, Sec. 1, RoC).
shall be deemed contempt of the court issuing it. If the
subpoena was not issued by a court, the disobedience Non-working days (Saturdays, Sundays, and legal holidays)
thereto will be punished in accordance with the applicable are excluded from the counting of the period- only when the
law or Rule (Rule 21, Sec. 9, RoC). -
last day of the period falls on such days. Rule 22 does not
provide for any other circumstance in which non-working
SECTION 10: EXCEPTIONS days would affect the counting of a prescribed period (Sps.
Leynes vs. CA, G.R. No. 154462, January 19, 2011).
The provisions of sections 8 and 9 of this Rule shall not
Applicability of Article 13 of the Civil Code
apply to a:
When the law speaks of years, months, days or nights, it
1. Viatory Rights of a Witness – Witness who shall be understood that:
resides more than one hundred (100) kilometers
from his residence to the place where he is to 1. Years – three hundred sixty-five days;
testify by the ordinary course of travel; 2. Days – twenty-four hours; and
3. Nights – from sunset to sunrise
2. Detention prisoner if no permission of the court in 4. Months – if designated by names, they shall be
which his case is pending was obtained (Rule 21, computed by the number of days which they
Sec. 10, RoC). respectively have.
Q: A warrant of arrest was issued against complainant Dr. In computing a period, the first day shall be excluded and the
Gil, the former health officer of Claveria, Masbate for his last day included.
failure to appear as government medico-legal witness in
This rule applies only when the period of time is prescribed
a pending murder case before Judge Quintain. Dr. Gil’s
by the Rules, by order of the court or by any applicable statue
excuse for his non-appearance was of the fact that he was
(Art. 13, NCC).
not reimbursed for all his travel expenses. But he was still
arrested and confined in the headquarters of the Exceptions (CSP):
Philippine Constabulary. Is Dr. Gil required to appear in
court? 1. To those provided in the Contract (Art. 1159, NCC);
2. A Specific date set for a court hearing or foreclosure sale
A: Yes. While sympathizing with the complainant for the
(Rural Bank vs. CA, G.R. No. L-32116, April 21, 1981);
latter's experiences of having spent his own funds for trips
made as a witness in criminal cases, there was no way out or
of the predicament except to obey the subpoena. As to the 3. Prescriptive (not reglementary) periods specifically
allegation that the judge’s conduct in chambers when provided by the Revised Penal Code for felonies therein
complainant was explaining his inability to appear was (Yapdiangco vs. Buencamino, G.R. No. L-28841,
unbecoming a judge, the judge has no reason to be June 24, 1983).
discourteous, as he was not in fact so, to the complainant.
And after considering the complainant's explanation, the How 15-day extension should be reckoned
respondent judge issued an order in chambers accepting the
explanation as satisfactory and ordering at the same time the It should be tacked on the original period and commence
immediate release of the complainant. The issuance of the immediately after the expiration of such period.
said order is inconsistent with the claim of complainant that
his explanation made in chambers was ignored by the Petitioner still had until December 28, 1998, a Monday and
respondent judge (Genorga vs. Quitain, A.M. No. 981-CFI, the next business day to move for a 15-day extension
July 29, 1977). considering that December 26, 1998, the last day for
petitioner to file her petition for review fell on a Saturday. The
RULE 22: COMPUTATION OF TIME motion for extension filed on December 28, 1998 was thus
filed on time since it was filed before the expiration of the
SECTION 1: HOW TO COMPUTE TIME time sought to be extended (Labad vs. The University of
Southwestern PHL, G.R. No. 139665, August 9, 2001).
Any extension of time to file the required pleading should Fresh Appeal Period
be counted from the expiration of the period regardless of
the fact that the said due date is a Saturday, Sunday, or To standardize the appeal periods provided in the Rules and
legal holiday (A.M. No. 00-2-14-SC; Luz vs. National to afford litigants fair opportunity to appeal their cases, the
Amnesty Commission, G.R. No. 159708, September Court deems it practical to allow a fresh period of 15 days
24, 2004). within which to file the notice of appeal in the Regional Trial
Court, counted from receipt of the order dismissing a motion
For purposes of asking for an extension of time the rule is for a new trial or motion for reconsideration (Neypes et.al
different. If the deadline is a Saturday, and a party sought vs. CA, G.R. No. 141524, September 14, 2005).
an extension and the same is granted, the due date
Q: Under Rule 41, Section 3, petitioners had 15 days from
ceases to be the last day, and hence, the provision no
notice of judgment or final order to appeal the decision of the
longer applies. Any extension therefore to file the required
trial court. On the 15th day of the original appeal period
pleading should therefore be counted or reckoned from (March 18, 1998), petitioners did not file a notice of appeal
the expiration of the period regardless of the fact that said but instead opted to file a motion for reconsideration.
due date is a Saturday, Sunday or legal holiday (Reinier According to the trial court, the MR only interrupted the
Pacific International Shipping, INC. and Neptune Ship running of the 15-day appeal period. It ruled that petitioners,
Management Svcs., PTE., vs. Captain Guevarra, G.R. having filed their MR on the last day of the 15-day
No. 157020, June 19, 2013). reglementary period to appeal, had only one (1) day left to
file the notice of appeal upon receipt of the notice of denial
Illustrative Case of their MR. Petitioners, however, argue that they were
entitled under the Rules to a fresh period of 15 days from
During holy week, there are no work on Thursday, Friday, receipt of the final order or the order dismissing their MR.
Saturday, and Sunday. If the deadline falls on a Holy Petitioners here filed their notice of appeal on July 27, 1998
Thursday, the deadline is on Monday, the first working or five days from the receipt of the order denying their MR.
day. Whether petitioners filed their notice of appeal in time?
Continuing from the case above, if petitioner asked for an A: Yes. Petitioners here filed their notice of appeal five days
extension of 10-day period to file an Answer and the same from receipt of the order denying their motion for
was granted, it should be reckoned from Holy Thursday, reconsideration on July 22, 1998. Hence, the notice of
appeal was well within the fresh appeal period of 15 days, as
the original deadline, and not on Monday, the day
already discussed. Thus, petitioners seasonably filed their
petitioner is supposed to submit an Answer.
notice of appeal within the fresh period of 15 days, counted
from July 22, 1998 (the date of receipt of notice denying their
Pretermission of Holidays in Civil and Criminal Cases motion for reconsideration).
In construing statute of limitations, the first day is excluded To recapitulate, a party litigant may either file his notice of
and the last day is included, unless last day is dies non (a appeal within 15 days from receipt of the Regional Trial
day on which no courts can be held), in which case the act Courts decision or file it within 15 days from receipt of the
may be done on the succeeding business days. order (the final order) denying his motion for new trial or
motion for reconsideration. Obviously, the new 15-day period
In criminal cases, such a situation cannot lengthen the period may be availed of only if either motion is filed; otherwise, the
fixed by law to prosecute such offender. The waiver or loss decision becomes final and executory after the lapse of the
of right to prosecute is automatic and by operation of law. original appeal period provided in Rule 41, Section 3
Where the last day to file an information falls on a Sunday or (Neypes et.al vs. CA, G.R. No. 141524, September 14,
legal holiday, the period cannot be extended up to the next 2005).
working day since the prescription has already set in
(Regalado, 2010).
RULES 23 – 29: MODES OF DISCOVERY
SECTION 2: EFFECT OF INTERRUPTION
Rules 23 to 28 provide for the different modes of
Should an act be done which effectively interrupts the discovery that may be resorted to by a party to an action:
running of the period, the allowable period after such
interruption shall start to run on the day after the notice of the 1. Depositions pending action (Rule 23);
cessation of the cause thereof. 2. Depositions before action or pending appeal
(Rule 24);
The day of the act that caused the interruption shall be
excluded in the computation of the period. 3. Interrogatories to parties (Rule 25);
4. Admission by adverse party (Rule 26);
The event referred to would include force majeure, fortuitous 5. Production or inspection of documents or things
events or calamities (Rule 22, Sec. 2, RoC). (Rule 27); and
6. Physical and mental examination of persons 3. Under such limitations as the court may order
(Rule 28). under Secs. 16 and 18 of Rule 23.
Rule 29 – Legal sanctions for the refusal of the party to SECTION 3: EXAMINATION AND
comply with such modes of discovery lawfully resorted to CROSS-EXAMINATION
by the adverse party.
The deponent may be examined or cross-examined
RULE 23: DEPOSITIONS PENDING ACTION following the procedures for witnesses in a trial. He has
the same rights as a witness and may be impeached like
a court witness (Rule 23, Sec. 3, RoC).
SECTION 1: DEPOSITIONS PENDING ACTION,
WHEN MAY BE TAKEN The officer before whom the deposition is taken does
not have the power to rule upon objections to the
When taken: Upon ex parte motion of a party questions. He should merely have such objections
noted in the deposition (in relation to Sec. 17).
Whose deposition may be taken: Testimony of any
person, whether a party or not at the instance of any party. SECTION 4: USE OF DEPOSITIONS
Two modes of deposition taking:
USED PURPOSE
DEPONENT
1. Deposition upon oral examination; or BY
2. Deposition upon written interrogatories. Contradicting or
The attendance of witness may be compelled by impeaching the
Person who is Any
subpoena as provided in Sec. 8, Rule 21. testimony of
not a party. party.
deponent as
SECTION 2: SCOPE OF EXAMINATION witness
The deponent may be examined on all matters:
A party or of Any purpose:
anyone who at
1. Not privileged the time of Any admission
taking the contained in the
Examples of Privileged Communication: deposition deposition is
was an officer, evidence per se and
a. Between husband and wife; director, or may be used
b. Between attorney and client; managing Adverse against the
c. Between medical practitioner and agent of a party deponent without
patient; public or need to present
d. Between minister or priest and penitent; private deponent as
and corporation, witness in court.
e. Communications made to a public officer partnership, or
in official confidence during his term or association,
afterwards (Rule 130, Sec. 24, RoC). which is a
party.
Other Privileged Communications:
Any purpose if the
a. Voters may not be compelled to disclose
deponent-witness is
for whom they voted;
b. Bank deposits;
not available under
c. Editors may not be compelled to disclose
the following
Witness, circumstances:
the source of published news; Any
whether a a. Witness is dead
d. Trade secrets; and party.
party or not. b. Witness resides
e. Information contained in tax census
more than
returns.
100kms from the
2. Which are relevant to the subject of pending
place of trial or
action made by the pleadings or likely to arise
hearing
under the pleadings; and

c. Witness is out of If only part of a deposition is offered in evidence by a party,
the Philippines, the adverse party may require him to introduce, and any
party may introduce any other parts (Rule 23, Sec. 4, RoC).
unless is
appears that his Q: A took the deposition of C, as an ordinary witness. Must
absence was C still take the witness stand? Why or why not?
procured by the
A: Yes, C must still take the witness stand. As a general rule,
party offering the the deponent must still take the witness stand to verify and
deposition certify his or her deposition. However, it is subject to
d. Witness is exceptions provided for in Rule 23, Sec. 4.
unable to attend
or testify SECTION 5: EFFECT OF SUBSTITUTION
because of age, OF PARTIES
sickness, Substitution of parties does not affect the right to use
infirmity, or depositions previously taken (Rule 23, Sec. 5, RoC).
imprisonment
e. The party When an action has been dismissed and another action
offering the involving the same subject is afterward brought between the
same parties or their representatives or successors in
deposition has interest, all depositions lawfully taken and duly filed in the
been unable to former action may be used in the latter as if originally taken
procure the therefor.
attendance of
the witness by Note: The deposition in the former case or proceeding may
be given in evidence against the adverse party who has the
subpoena upon opportunity to cross-examine the deponent and will not be
application and considered as hearsay (Rule 47, Sec. 47, RoC).
notice, that such
exceptional SECTION 6: OBJECTIONS TO ADMISSIBILITY
circumstances
Subject to the provisions of Sec. 29 of Rule 23, objection
exist as to make
may be made at the trial or hearing to receiving in
it desirable, in evidence any deposition or part thereof for any reason
the interest of which would require exclusion of evidence if the witness
justice and with were then present and testifying (Rule 23, Sec. 6, RoC).
due regard to
the importance SECTION 7: EFFECT OF TAKING DEPOSITIONS
of presenting the
While the taking of the deposition of a person does not
testimony of make such person a witness of the party taking his
witnesses orally deposition (Rule 23, Sec. 7, RoC).
in open court, to
allow the SECTION 8: EFFECT OF USING DEPOSITIONS
deposition to be
used. The introduction of the deposition binds the party who
introduces it since he thereby makes the deponent his
witness, except:
Where depositions may be used:
1. If it is introduced to impeach or contradict the
1. At the trial;
witness; or
2. At the hearing of a motion;
2. If it is the deposition of the opposing party (Rule 23,
3. At the hearing of an interlocutory proceeding.
Sec. 8, RoC).
Deposition may be used against a party who was:
SECTION 9: REBUTTING DEPOSITION
1. Present at the time of its taking;
2. Represented at the time of its taking; At the trial or hearing, any party may rebut any relevant
3. Notified of its taking. evidence contained in a deposition whether introduced by
him or her or by any other party (Rule 23, Sec. 9, RoC).
Letters rogatory are addressed to some appropriate
SECTION 10: PERSONS BEFORE WHOM judicial authority in the foreign state. It may be applied for
DEPOSITIONS MAY BE TAKEN and issued only after a commission has returned
WITHIN THE PHILIPPINES unexecuted (Dasmariñas Garments, Inc. v. Reyes,
G.R. 108229, August 24, 1993).
Persons before whom depositions may be taken
within the Philippines: SECTION 13: DISQUALIFICATION BY INTEREST
1. Judge; No Deposition Shall be Taken Before a Person:

2. Notary Public; or
1. A relative within the sixth (6th) degree of affinity or
3. Any person authorized to administer oaths, if the
consanguinity;
parties so stipulate in writing (Rule 23, Sec. 14,
2. An employee or counsel of any of the parties;
RoC).
3. A relative within the same degree, or employee of
such counsel; or
SECTION 11: PERSONS BEFORE WHOM
4. Financially interested in the action (Rule 23, Sec.
DEPOSITIONS MAY BE TAKEN
IN FOREIGN COUNTRIES 13, RoC).
Persons before whom depositions may be taken in NOTE: Section 13 is waivable, so it should be raised
foreign countries: immediately; if not raised it is deemed waived.
1. Secretary of an embassy or legation, consul SECTION 14: STIPULATIONS REGARDING

TAKING OF DEPOSITIONS
general, consul, vice-consul, or consular agent of
the Republic of the Philippines; If the parties so stipulate in writing, depositions may be taken
2. Such person or officer as may be appointed by before any person authorized to administer oaths, at any time or
commission or under letters rogatory; or place, in accordance with these Rules and when so taken may
be used like other depositions (Rule 23, Sec. 14, RoC).
3. Any person authorized to administer oaths, if the
parties so stipulate in writing (Rule 23, Sec. 14, SECTION 15: DEPOSITIONS UPON ORAL
RoC). EXAMINATION; NOTICE; TIME AND PLACE
SECTION 12: COMMISSION OR A party desiring to take the deposition of any person upon oral
LETTERS ROGATORY examination shall give to every party to the action a reasonable
notice in writing.
Commission
Such notice is required to contain the following:
An instrument issued by a court of justice, or other a. The time and place for taking deposition and
competent tribunal, to authorize a person to take
depositions or do any other act by authority of such court b. The name and address of each person to be examined,
or tribunal (Dasmariñas Garments, Inc. v. Reyes, G.R. if known; if not knows, there must be a general
108229, August 24, 1993). description sufficient to identify him or particular class
or group to which he belongs (Rule 23, Sec. 15, RoC).
Letters Rogatory
An instrument sent in the name and by the authority of a Q: What if the deposition was set at Baguio and the other party
judge or court to another, requesting the latter to cause to showed up but you were not there. What is the remedy of the
be examined, upon interrogatories filed in a case pending other party?
before the former, a witness who is within the jurisdiction
of the judge or court to whom such letters are addressed A: Rule 29. The other party can ask for reimbursement of the
(Dasmariñas Garments, Inc. v. Reyes, G.R. 108229, costs incurred during the travel.
August 24, 1993).
SECTION 16: ORDERS FOR THE PROTECTION FOR
Distinction THE PROTECTION OF PARTIES AND DEPONENTS
A commission is addressed to officers designated either After service of the notice, the court upon motion by any
by name or descriptive title. party or by the person to be examined and for good cause
shown, issue an order for the protection of the parties and
the deponent. For instance, the court may order that the
deposition be taken only at a designated place other than
the one stated in the notice or that instead of being orally The officer before whom the deposition is to be taken shall
conducted, the deposition may be taken only on written personally, or by someone acting under his or her direction
interrogatories. It may even issue any other order to and in his or her presence:
protect the parties and their witnesses from annoyance,
embarrassment, or oppression. 1. Put the witness on oath; and
2. Record the testimony of the witness (Rule 23, Sec.
Protection orders can be granted, upon motion 17, RoC).
seasonably made before the deposition takes place by
Taken Stenographically; Exception
any party or by the person to be examined:
GR: The testimony shall be taken stenographically.
1. That the deposition shall not be taken.
XPN: Unless the parties agree otherwise (Rule 23, Sec. 17,
a. May be raised on the ground that it is only RoC).
made to annoy or embarrass the party, or
that the matters asked are irrelevant to All objections made at the time of the examination:
the case.
1. To the qualifications of the officer taking the
2. That the deposition may be taken only at some deposition;
designated place other than that stated in the 2. To the manner of taking it;
notice. 3. To the evidence presented;
4. To the conduct of any party; or
3. That the deposition may be taken only on written 5. To any other objection to the proceedings.
interrogatories.
Objections shall be noted by the officer upon the deposition.
a. Questions are indicated in writing and Evidence objected to shall be taken subject to the
sent to the person subject of the objections (Rule 23, Sec. 17, RoC).
deposition who will answer in writing. The
other party has a period of 10 days to NOTE: If someone objects, the deposing officer cannot say
object or send cross-interrogatories “sustained.” The deposing officer will just take note of the
(Rule 23, Sec. 25, RoC). deposition and say “noted.” At the end of the day, it is the
court who will rule on the deposition.
NOTE: Oral deposition is better because the Written Interrogatories

person subjected to it has less time to think.
In lieu of participating in the oral examination, parties
4. That certain matters shall not be inquired into; served with notice of taking a deposition may transmit written
interrogatories to the officers, who shall propound them to
5. That the scope of the examination shall be held the witness and record the answers verbatim (Rule 23, Sec.
with no one present except the parties to the 17, RoC).
action and their officers or counsel;
SECTION 18: MOTION TO TERMINATE OR
6. That after being sealed the deposition shall be LIMIT EXAMINATION
opened only by order of the court;
A party or the deponent can ask the court to terminate the
7. That secret processes, developments, or deposition if there is bad faith or in such manner as to
research need not be disclosed; or unreasonably to annoy, embarrass, or oppress the
deponent or party (Rule 23, Sec. 18, RoC).
8. That the parties shall simultaneously file specified
documents or information enclosed in sealed SECTION 19: SUBMISSION TO WITNESS;
envelopes to be opened as directed by the court. CHANGES; SIGNING
The court may make any other order which justice
requires to protect the party or witness from GR: When the testimony is fully transcribed, the
annoyance, embarrassment, or oppression (Rule deposition shall be:
23, Sec. 16, RoC).
1. Submitted to the witness for examination; and
SECTION 17: RECORD OF EXAMINATION; 2. Read to or by him.
OATH; OBJECTIONS
Duty of the Officer XPN: Such examination is waived by the witness and the
parties (Rule 23, Sec. 19, RoC).
Changes in the Deposition Upon payment of reasonable charges therefor, the officer shall
furnish a copy of the deposition to any party or to the deponent
The witness may desire some changes in form and (Rule 23, Sec. 22, RoC).
substance, in which case such changes will be entered
Duties of the Officer; Summary
upon the deposition by the officer with a statement of the
reasons of the witness making such changes (Rule 23, The officer must:
Sec. 19, RoC).
1. Certify the deposition (Rule 23, Sec. 20, RoC);
Signed by the Witness
2. Seal the deposition (Rule 23, Sec. 20, RoC);
GR: The deposition shall be signed by the witness.
3. File it with the court or send it by registered mail (Rule
23, Sec. 20, RoC);
XPN: Such signing may be waived:
4. Give prompt notice of the deposition’s filing (Rule 23,
1. By the parties by stipulation; or Sec. 21, RoC); and
2. If deposition cannot be signed because the 5. Furnish a copy of the deposition (Rule 23, Sec. 22,
witness is ill, cannot be found or he refuses to RoC).
sign (Rule 23, Sec. 19, RoC).
SECTION 23: FAILURE TO ATTEND OF

Signed by the Officer PARTY GIVING NOTICE
If the deposition is not signed by the witness, the officer If the party giving the notice of the taking of a deposition fails
shall sign it and state on the record the attendant facts, to attend and proceed, but the other party attends in person or
together with the reason given for the non-signing of the by counsel pursuant to the notice, the court may order the party
deposition (Rule 23, Sec. 19, RoC). giving the notice to pay such other party:
1. Amount of the reasonable expenses incurred in so

SECTION 20: CERTIFICATION AND FILING attending; and
BY OFFICER
2. Reasonable attorney's fees (Rule 23, Sec. 23, RoC).
The officer shall:
1. Certify on the deposition that SECTION 24. FAILURE OF PARTY GIVING NOTICE
TO SERVE SUBPOENA.
a. The witness was duly sworn to by him or
her; and If the party giving the notice of the taking of a deposition
of a witness fails to serve a subpoena and the witness
b. The deposition is a true record of the because of such failure does not attend, but the other
testimony given by the witness. party attends in person or by counsel expecting the
deposition of that witness to be taken, the court may order
the party giving the notice to pay such other party:
2. Securely seal the deposition in an envelope
indorsed with the title of the action and marked 1. Amount of the reasonable expenses incurred in
"Deposition of (name of witness);" and so attending; and
3. Promptly file it with the court in which the action 2. Reasonable attorney's fees (Rule 23, Sec. 24,
is pending; or RoC).
4. Send it by registered mail to the clerk thereof for
filing (Rule 23, Sec. 20, RoC). SECTION 25: DEPOSITION UPON WRITTEN
INTERROGATORIES; SERVICE OF NOTICE
AND OF INTERROGATORIES
SECTION 21: NOTICE OF FILING
Notice Upon Taking Deposition
The officer taking the deposition must give prompt notice
of its filing to all the parties (Rule 23, Sec. 21, RoC).
A party desiring to take the deposition of any person upon
written interrogatories shall serve them upon every other
SECTION 22: FURNISHING COPIES
party with a notice stating:
1. The name and address of the person who is to Motion and Order
answer them; and
After the service of the interrogatories and prior to the taking of
2. The name or descriptive title and address of the the testimony of the deponent, the court in which the action is
pending, on motion promptly made by a party or a deponent,
officer before whom the deposition is to be taken
and for good cause shown, may make any order specified in
(Rule 23, Sec. 25, Par. 1, RoC). Sections 15, 16 and 18 of this Rule which is appropriate and just
or an order that the deposition:
Cross-Interrogatories 1. Shall not be taken before the officer designated in the

notice; or
Within ten (10) calendar days thereafter, a party so served
may serve cross-interrogatories upon the party proposing 2. Shall not be taken except upon oral examination (Rule
to take the deposition (Rule 23, Sec. 25, Par. 2, RoC). 23, Sec. 28, RoC).
Re-direct Interrogatories
SECTION 29: EFFECT OF ERRORS AND
Within five (5) calendar days thereafter the latter may IRREGULARITIES IN DEPOSITIONS
serve re-direct interrogatories upon a party who has
served cross-interrogatories (Rule 23, Sec. 25, Par. 2, EFFECT OF ERRORS AND
RoC). IRREGULARITIES IN DEPOSITIONS
AS TO NOTICE
Re-cross-Interrogatories
All errors and irregularities in the notice for
Within three (3) calendar days after being served with retaking a deposition are waived unless written
direct interrogatories, a party may serve recross- objection is promptly served upon the party
interrogatories upon the party proposing to take the giving the notice (Rule 23, Sec. 29, Par. a,
deposition (Rule 23, Sec. 25, Par. 2, RoC). RoC).
SECTION 26: OFFICERS TO TAKE RESPONSES
AS TO DISQUALIFICATION OF OFFICER
AND PREPARE RECORD Objection to taking a deposition because of
disqualification of the officer before whom it
Delivery to Officer is to be taken is waived unless made before
A copy of the notice and copies of all interrogatories served shall the taking of the deposition begins or as soon
be delivered by the party taking the deposition to the officer thereafter as the disqualification becomes
designated in the notice (Rule 23, Sec. 26, RoC). known or could be discovered with
Duty of Officer upon Receipt reasonable diligence (Rule 23, Sec. 29, Par.
b, RoC).
The officer shall proceed promptly, in the manner provided by AS TO COMPETENCY OR
Sections 17, 19 and 20:
RELEVANCY OF EVIDENCE
1. To take the testimony of the witness in response to the Objections to the competency of a witness or
interrogatories; and the competency, relevancy, or materiality of
2. To prepare, certify, and file or mail the deposition, testimony are not waived by failure to make
attaching thereto the copy of the notice and the them before or during the taking of the
interrogatories received by him (Rule 23, Sec. 26, deposition, unless the ground of the objection
RoC).
is one which might have been obviated or
removed if presented at that time (Rule 23,
SECTION 27: NOTICE OF FILING Sec. 29, Par. c, RoC).
AND FURNISHING COPIES
AS TO ORAL EXAMINATION
When a deposition upon interrogatories is filed, the officer AND OTHER PARTICULARS
taking it shall promptly give notice to all the parties and may Errors and irregularities occurring at the oral
furnish copies to them or to the deponent upon payment of
reasonable charges (Rule 23, Sec. 27, RoC).
examination in the manner of taking the
deposition, in the form of the questions or
SECTION 28: ORDERS FOR THE PROTECTION OF answers, in the oath or affirmation, or in the
PARTIES AND DEPONENTS conduct of the parties and errors of any
kind which might be obviated, removed, or that prior leave of court is needed to avail of these modes of
discovery, the reason being that at that time the issues are
cured if promptly prosecuted, are waived not yet joined and the disputed facts are not clear.
unless reasonable objection thereto is made
at the taking of the deposition (Rule 23, Sec. In addition to that, leave of court is also required as regards
29, Par. d, RoC). discovery by production or inspection of documents or things
in accordance with Rule 27, or physical and mental
AS TO FORM OF WRITTEN examination of persons under Rule 28, which may be
INTERROGATORIES granted upon due application and a showing of due cause
Objections to the form of written (Republic vs. Sandiganbayan, G.R. No. 152375,
December 16, 2011).
interrogatories submitted under Sections 25
and 26 of this Rule are waived unless served Depositions as means of discovery; implicit
in writing upon the party propounding them
within the time allowed for serving The right of a party to take depositions as means of discovery
is not exactly absolute is implicit in the provisions of the
succeeding cross or other interrogatories and Rules of Court cited by appellants themselves, sections 16
within three (3) calendar days after service of and 18 of Rule 24, which are precisely designed to protect
the last interrogatories authorized (Rule 23, parties and their witnesses, whenever in the opinion of the
Sec. 29, Par. e, RoC). trial court, the move to take their depositions under the guise
of discovery is actually intended to only annoy, embarrass or
AS TO MANNER OF PREPARATION oppress them. In such instances, these provisions expressly
Errors and irregularities in the manner in authorize the court to either prevent the taking of a deposition
which the testimony is transcribed or the or stop one that is already being taken (Caguiat vs. Torres,
G.R. No. L-25481, October 31, 1969).
deposition is prepared, signed, certified,
sealed, indorsed, transmitted, filed, or If plaintiff refuses to answer; basis for dismissal of
otherwise dealt with by the officer under complaint
Sections 17, 19, 20 and 26 of this Rules are
If plaintiff fails or refuses to answer the interrogatories, it
waived unless a motion to suppress the
may be a good basis for the dismissal of his complaint for
deposition or some part thereof is made non-suit unless he can justify such failure or refusal. It
with reasonable promptness after such should be noted that it is discretionary on the court to
defect is, or with due diligence might have order the dismissal of the action (Santiago Land
been, ascertained (Rule 23, Sec. 29, Par. f, Development Company vs. Court of Appeals, G.R. No.
103922, July 9, 1996).
RoC).
Examination in a criminal procedure
The rules on discovery (Rules 24, 25, 26, 27, 28 and 29) are
intended to enable a party to obtain knowledge of material
The examination of a witness for the prosecution under
facts within the knowledge of the adverse party or of third
Section 15 of the Revised Rules of Criminal Procedure
parties through depositions to obtain knowledge of material
facts or admissions from the adverse party through written
may be done only "before the court where the case is
interrogatories; to obtain admissions from the adverse party pending." If the deposition is made elsewhere, the
regarding the genuineness of relevant documents or relevant accused may not be able to attend, as when he is under
matters of fact through requests for admission; to inspect detention. More importantly, this requirement ensures
relevant documents or objects and lands or other property in that the judge would be able to observe the witness'
the possession or control of the adverse party; and to deportment to enable him to properly assess his
determine the physical or mental condition of a party when credibility. This is especially true when the witness'
such is in controversy (Koh vs. Intermediate Appellate testimony is crucial to the prosecution's case (Vda. de
Court, G.R. No. L-68102, July 16, 1992). Manguerra vs. Risos, G.R. No. 152643, August 28,
2008).
Depositions (whether by oral examination or written
interrogatories) under Rule 24, interrogatories to parties RULE 24: DEPOSITIONS BEFORE ACTION OR
under Rule 25, and requests for admissions under Rule 26,
PENDING APPEAL
may be availed of without leave of court, and generally,
without court intervention.
SECTION 1: DEPOSITION BEFORE ACTION;
The Rules of Court explicitly provide that leave of court is not PETITION
necessary to avail of said modes of discovery after an
answer to the complaint has been served. It is only when an A person who desires to perpetuate his or her own
answer has not yet been filed (but after jurisdiction has been testimony or that of another person regarding any matter
obtained over the defendant or property subject of the action)
that may be cognizable in an court of the Philippines, may
file a verified petition in the court of the place of the 1. File petition (Rule 24, Sec. 2, RoC);
residence of any expected adverse party (Rule 24, Sec. 2. Petitioner shall serve notice to all person named
1, RoC). in the petition (Rule 24, Sec. 3, RoC);
3. If the court is satisfied, it shall issue order granting
Jurisdiction
the petition (Rule 24, Sec. 4, RoC); and
The Regional Trial Court has jurisdiction to entertain 4. Depositions may then be taken in accordance
petition for perpetuation of testimonies because it is with Rule 23 (Rule 24, Sec. 4, RoC).
incapable of pecuniary estimation
SECTION 4: ORDER AND EXAMINATION
Venue
Court Order
The place of the residence of the expected adverse party.
If the court is satisfied that the perpetuation of the testimony may
prevent a failure or delay of justice, it shall:
SECTION 2: CONTENTS OF PETITION
1. Make an order designating or describing the persons
The petition shall be entitled in the name of the whose deposition may be taken; and
petitioner and shall show:
2. Specifying the subject matter of the examination;
1. The petitioner expects to be a party to an action in a
court of the Philippines but is presently unable to bring 3. Specifying whether the depositions shall be taken upon
it or cause it to be brought; oral examination or written interrogatories (Rule 24,
2. The subject matter of the expected action and her or Sec. 4, RoC).
her interest therein;
3. The facts which he or she desires to establish by the The depositions may then be taken in accordance with Rule 23
proposed testimony and his or her reasons for before the hearing.
desiring to perpetuate it;
4. The names or a description of the person he or she SECTION 5: REFERENCE TO COURT
expects will be adverse parties and their addresses
For the purpose of applying Rule 23 to depositions for
so far known; and perpetuating testimony, each reference therein to the court in
5. The names and addresses of the persons o e which the action is pending is deemed to refer to the court in
examines and the substance of the testimony which which the petition for such deposition was filed (Rule 24, Sec.
5, RoC).
he or she expects to elicit from each, and shall ask for
an order authorizing the petitioner to take the SECTION 6: USE OF DEPOSITION
depositions of the persons to examined named in the
petition for the purpose of perpetuating their If a deposition to perpetuate testimony is taken under Rule 24,
testimony (Rule 24, Sec. 2, RoC). or if, although not so taken, it would be admissible in evidence,
it may be used in any action involving the same subject matter
subsequently brought in accordance with the provisions of
SECTION 3: NOTICE AND SERVICE Sections 4 and 5 of Rule 23 (Rule 24, Sec. 6, RoC).
Notices; Requirement SECTION 7: DEPOSITION PENDING APPEAL

The petitioner shall serve a notice upon each person How to Take a Deposition Pending Appeal
named in the petition as an expected adverse party,
together with a copy of the petition, stating that the The party who desires to perpetuate the testimony may
petitioner will apply to the court, at a time and place make a motion in the said court for leave to take the
named therein, for the order described in the petition depositions, upon the same notice and service thereof, as
(Rule 24, Sec. 3, RoC). if the action was pending thereon.
NOTE: At least 20 calendar days before the date of the The motion shall state: (NARS)
hearing, the court shall cause notice thereof to be
served on the parties and prospective deponents in the 1. The names and addresses of the persons to be
manner provided for service of summons (Rule 24, Sec. examined;
3, RoC).
2. The substance of the testimony which her or she
Summary of Procedure expects to elicit from each; and
3. The reason for perpetuating the testimony (Rule The Court treats a party in a civil case as an ordinary
24, Sec. 7, RoC). witness, who can invoke the right against self-
incrimination only when the incriminating question is
Use of Deposition Pending Appeal propounded. Thus, for a party in a civil case to possess
the right to refuse to take the witness stand, the civil case
Depositions are taken pending appeal with the view to must also partake the nature of a criminal proceeding
their being used in the event of further proceedings (Rosete vs. Lim, G.R. No. 136051, June 8, 2006).
the court of origin or appellate court (Rule 24, Sec. 7,
RoC). RULE 25: INTERROGATORIES TO PARTIES
If the court finds that the perpetuation of the testimony is SECTION 1: INTERROGATORIES TO PARTIES;
proper to avoid a failure or delay of justice, it may make SERVICE THEREOF
an order allowing the depositions to be taken, and
thereupon the depositions may be taken and used in the Mode of Discovery
same manner and under the same conditions as are
prescribed in Rule 23 (Rule 24, Sec. 7, RoC). This mode of discovery is availed of by any party to the action
for the purpose of eliciting material and relevant facts from the
NOTE: The deposition taken under Rule 24 is admissible other party.
in evidence in an action subsequently brought involving
Purpose of Written Interrogatories
the same subject matter (Rule 24, Sec. 6, RoC).
The purpose of written interrogatories is to assist the parties in
Use of Deposition Pending Appeal: Subject to clarifying the issues and ascertaining the facts involved in a
Sections 4 and 5 of Rule 23 case.
Deposition pending appeal is subject to Sections 4 and 5 Mode of Discovery; How Availed
of Rule 23. If the witness is still alive and there is a
pending case, the witness may be called because The mode of discovery is availed of by filing and serving upon
deposition shall not be taken be in lieu of direct the adverse party written interrogatories to be answered by the
party served (Rule 25, Sec. 1, RoC).
testimony.
If the party is a juridical entity—a public or private corporation or
Petitioner’s argument that since respondent filed her suit a partnership or association—the written interrogatories served
in the Philippines, she and her witnesses should appear shall be answered by any of its officers competent to testify in
before the trial court for direct and cross examination is its behalf (Rule 25, Sec. 1, RoC).
not correct. It is apparent that the deposition of any
person may be taken wherever he may be, in the NOTE: Interrogatories to parties may be availed of without leave
Philippines or abroad. It is to be noted too that the order of court, and generally, without court intervention. The Rules of
to take deposition is interlocutory in character and may Court explicitly provide that leave of court is not necessary to
avail of the modes of discovery (provided in Rules 23 to 25) after
not be questioned by certiorari. Indeed, petitioner is not
an answer to the complaint has been served. It is only when an
deprived of its right to cross-examine the deponents nor answer has not yet been filed, but after jurisdiction has been
of presenting countervailing testimony (Security Bank obtained over the defendant or property subject of the action,
Corp. vs. Del Alcazar, G.R. No. 151310, March 11, that prior leave of court is needed to avail of such mode. The
2002). reason being that at that time the issues are not yet joined and
the disputed facts are not clear (Republic vs. Sandiganbayan,
Only an accused in a criminal case can refuse to take the G.R. No. 90478, November 21, 1991).
witness stand. The right to refuse to take the stand does
not generally apply to parties in administrative cases or Distinguished from Written Interrogatories in Deposition
proceedings. The parties thereto can only refuse to
If the subject of the interrogatories is the adverse party, the
answer if incriminating questions are propounded. This mode of discovery to be availed of is Rule 25. If it is not an
Court applied the exception – a party who is not an adverse party, and just an ordinary witness, the party must avail
accused in a criminal case is allowed not to take the of interrogatories in a deposition provided in Sec. 25 of Rule 23.
witness stand – in administrative cases/proceedings that
partook of the nature of criminal proceeding or analogous Written interrogatories are delivered to the officer
to a criminal proceeding. It is likewise the opinion of the designated in the notice (Rule 25, Sec. 26, RoC).
Court that said exception applies to parties in civil actions Interrogatories to parties are served directly upon the
which are criminal in nature. As long as the suit is criminal adverse party.
in nature, the party thereto can decline to take the witness
stand. SECTION 2: ANSWER TO INTERROGATORIES

The interrogatories shall be answered fully in writing and before the trial as to obtain evidence for use upon said
shall be signed and sworn to by the person making them trial.
SECTION 6: EFFECT OF FAILURE TO SERVE
Interrogatories; When to be Submitted WRITTEN INTERROGATORIES
The party upon whom the interrogatories have been A party not served with written interrogatories may not be
served shall file and serve a copy of the answers on the compelled by the adverse party to give testimony in open
party submitting the interrogatories within fifteen (15) court, or to give a deposition pending appeal (Rule 25,
calendar days after service thereof. This period may, Sec. 6, RoC).
upon motion and for good cause shown, be extended or
shortened by the court (Rule 25, Sec. 2, RoC). Without written interrogatories served, the former cannot
be an adverse witness unless allowed by the court for
Interrogatories; Where Filed good cause shown and to prevent a failure of justice.
The answer must be filed in court. Thus, they constitute RULE 26: ADMISSION BY ADVERSE PARTY
judicial admissions.
SECTION 3: OBJECTIONS TO INTERROGATORIES SECTION 1: REQUEST FOR ADMISSION
The purpose of this mode of discovery is to allow one party

When Presented
to request the adverse party in writing to admit certain
material and relevant matters which most likely will not be
The party against whom it is directed may make disputed during the trial (Riano, 2016).
objections to the interrogatories. If he or she does so, said
objections shall be presented to the court within ten (10) To avoid unnecessary inconvenience to the parties in going
calendar days after service thereof, with notice as in case through the rigors of proof, before the trial, a party may
of a motion (Rule 25, Sec. 3, RoC). request the other to:
Effect of Filing of Objections 1. Admit the genuineness of any material and relevant
document described in and exhibited with the
The filing of the objections shall have the effect of request; or
deferring the filing and service of the answer to the 2. Admit the truth of any material and relevant matter
interrogatories until the objections are resolved, which
of fact set forth in the request (Rule 26, Sec. 1,
shall be at as early a time as is practicable.
RoC).
SECTION 4: NUMBER OF INTERROGATORIES
When Request may be Made
No party may, without leave of court, serve more than one
A party may file and serve the written request at any time
set of interrogatories to be answered by the same party
after issues have been joined.
SECTION 2: IMPLIED ADMISSION
SECTION 5: SCOPE AND USE OF
INTERROGATORIES Each of the matters of which an admission is requested shall be
deemed admitted unless the party to whom the request is
Interrogatories may relate to any matters that can be directed files and serves upon the party requesting the
inquired into under Section 2 of Rule 23, and the answers admission a sworn statement either:
may be used for the same purposes provided in Section
4 of the same Rule (Rule 25, Sec. 5, RoC). 1. Denying specifically the matters of which an admission is
requested.
Field of Inquiry
2. Setting forth the reasons why he cannot either admit or
The field of inquiry that may be covered by depositions or deny those matters (Rule 26, Sec. 2, RoC).
interrogatories is as broad as when the interrogated party
is called as a witness to testify orally at trial. The inquiry When Filed
extends to all facts which are relevant (whether ultimate
or evidentiary) excepting only those matters which are The sworn statement shall be filed and served within a
privileged. The objective is as much to give every party period designated in the request but which shall not be
the fullest possible information of all the relevant facts less than fifteen (15) calendar days from the service of
such request, or within such further time as the court may
allow (Rule 26, Sec. 2, RoC).
XPN: Unless otherwise allowed by the court (1) for good
NOTE: When a matter is effectively denied in a pleading, cause shown and (2) to prevent a failure of justice (Rule
there is no need to ask it again. 26, Sec. 5, RoC).
Deferment of Compliance NOTE: Sec. 6 of Rule 25 is a similar provision on

unjustified failure of a party to avail of written
The deferment may be effected by the filing with the court interrogatories. In Sec. 6 of Rule 25 and Sec. 5 of Rule
the objections to the request for admission. Compliance 26, the court shall determine on a case to case basis
shall be deferred until such objections are resolved by the whether or not the non-availment of the two modes of
court (Po vs. CA, G.R. No. L-34341, August 22, 1988). discovery was justified or the negative sanctions will
unjustly prejudice the erring party.
Note: Summary judgment may be granted if the facts
which stand admitted by reason of a party’s failure to deny RULE 27: PRODUCTION OR INSPECTION OF
statements contained in a request for admission show DOCUMENTS OR THINGS
that no material issue of facts exists (Allied Agri-
Business Co. vs. CA, G.R. No. 118438, December 4,
SECTION 1: MOTION FOR PRODUCTION OR
1988).
INSPECTION; ORDER
SECTION 3: EFFECT OF ADMISSION
Upon motion of any party showing good cause therefor, the
court in which an action is pending may order any party to:
Any admission made by a party:
a. Produce and permit the inspection and copying or
1. Is for the purpose of the pending action only; photographing, by or on behalf of the moving party, of
2. Shall not constitute an admission by him or her any designated documents, papers, books, accounts,
for any other purpose; and letters, photographs, objects or tangible things, not
3. May not be used against him or her for any other privileged, which constitute or contain evidence
proceeding (Rule 26, Sec. 3, RoC). material to any matter involved in the action and which
are in his or her possession, custody or control; or
SECTION 4: WITHDRAWAL
b. Permit entry upon designated land or other property in
his or her possession or control for the purpose of
Admissions made under this mode of discovery, whether
express or implied, are not final and irrevocable. The court inspecting, measuring, surveying, or photographing
may allow the party making an admission to withdraw or the property or any designated relevant object or
amend the admission upon such terms as may be just operation thereon.
(Riano, 2016).
The order shall specify the time, place and manner of making
How to Effect Withdrawal the inspection and taking copies and photographs and may
prescribe such terms and conditions as are just (Rule 27, Sec.
The admitting party should file a motion to be relieved of 1, RoC).
the effects of his admission (Riano, 2016).
Purpose of Rule 27
NOTE: Where the plaintiff failed to answer a request for
admission filed under this Rule, based on its allegations Section 1, Rule 27 provides the mechanics for the production
in its original complaint, the legal effects of its implied of documents and the inspection of things during the
admission of the facts stated in the request cannot be set pendency of a case. It also deals with the inspection of
aside by its subsequent filing of an amended complaint. It sources of evidence other than documents, such as land or
should have filed a motion to be relieved of the other property in the possession or control of the other party.
consequence of said implied admission (Bay View Hotel
vs. Ker & Co, G.R. No. 28237, August 1, 1982). This remedial measure is based on ancient principles of
equity. The purpose of the statute is to enable a party-litigant
to discover material information which, by reason of an
SECTION 5: EFFECT OF FAILURE TO FILE AND
opponent's control, would otherwise be unavailable for
SERVE REQUEST FOR ADMISSION
judicial scrutiny, and to provide a convenient and summary
method of obtaining material and competent documentary
GR: A party who fails to file and serve a request for evidence in the custody or under the control of an adversary
admission on the adverse party of material and relevant (Solidbank vs. Gateway Electronics Corp., G.R. No.
facts at issue which are, or ought to be, within the 164805, April 30, 2008).
personal knowledge of the latter, shall not be permitted to
present evidence on such facts (Rule 26, Sec. 5, RoC).

The requisites in order that a party may compel the other
party to produce or allow the inspection of documents Production or Inspection of Documents or Things
or things, viz: vs. Subpoena Duces Tecum
1. The party must file a motion for the production or PRODUCTION/INSPECTION SUBPOENA
inspection of documents or things, showing good OF DOCUMENTS/THINGS DUCES TECUM
cause therefor; AS TO NATURE/PURPOSE
A mode of discovery. A means of
2. Notice of the motion must be served to all other compelling production
parties of the case; of evidence.
TO WHOM DIRECTED
3. The motion must designate the documents, papers, Limited to all parties (Rule 27, May be directed to any
books, accounts, letters, photographs, objects or Sec. 1, RoC). person, whether a
tangible things which the party wishes to be party or not (Rule 27,
produced and inspected; Sec. 1, RoC).
AS TO NECESSITY OF MOTION
4. Such documents, etc., are not privileged; AND NOTICE TO THE ADVERSE PARTY
The order for production, etc. May be issued ex
5. Such documents, etc., constitute or contain is issued upon motion with parte.
evidence material to any matter involved in the notice to the adverse.
action, and AS TO SCOPE
The scope is broader as it Since land is
6. Such documents, etc., are in the possession, may involve entry upon incapable of manual
custody or control of the other party (Solidbank vs. designated land or other delivery, it cannot be
Gateway Electronics Corp., G.R. No. 164805, property for the purpose of subject to a subpoena
April 30, 2008). inspecting, measuring, duces tecum.
surveying or photographing
the property (Rule 27, Sec. 1,
Test to Determine the Relevancy of Documents and RoC).
Sufficiency of their Description
NOTE: The production of documents affords more opportunity
Although the grant of a motion for production of document is for discovery than a subpoena duces tecum as, in the latter, the
admittedly discretionary on the part of the trial court judge, documents are brought to the court for the first time on the date
nevertheless, it cannot be arbitrarily or unreasonably denied of the scheduled trial wherein such documents are required to
because to do so would bar access to relevant evidence that be produced.
may be used by a party-litigant and hence, impair his
fundamental right to due process. RULE 28 – PHYSICAL AND MENTAL EXAMINATION
OF PERSONS
The test to be applied by the trial judge in determining the
relevancy of documents and the sufficiency of their
description is one of reasonableness and practicability SECTION 1: WHEN EXAMINATION MAY BE
(Eagle Ridge Development Corp. v. Cameron Granville 3 ORDERED
Asset Management, G.R. No. 204700, November 24,
2014). Applicable in an action in which the mental or physical
condition of a party is in controversy (Rule 28, Sec. 1, RoC).
When the Motion may be Availed
When is this mode applicable?
Rule 27, Section 1 does not provide when the motion may be
used. Hence, the allowance of a motion for production of It only applies to an action in which the mental or physical
document rests on the sound discretion of the court where condition of a party is in controversy.
the case is pending, with due regard to the rights of the
parties and the demands of equity and justice. Examples:
In Eagleridge Development Corporation v. Cameron 1. An action for annulment of a contract where the
Granville 3 Asset Management, Inc., the SC held that a ground relied upon is insanity or dementia
motion for production of documents may be availed of even 2. A petition for guardianship of a person alleged to be
beyond the pre-trial stage, upon showing of good cause as insane
required under Rule 27 (Commissioner of Internal 3. An action to recover damages for personal injury
Revenue vs. San Miguel Corporation, GR. No. 205045, where the issue is the extent of the injuries of the
January 25, 2017).
plaintiff
SECTION 2: ORDER OF EXAMINATION RULE 29: REFUSAL TO COMPLY WITH MODES OF

DISCOVERY
A motion for the examination is filed in the court
where the action is pending:
SECTION 1: REFUSAL TO ANSWER
1. Showing good cause for the examination,
Modes of Discovery affected:
2. With notice to the party to be examined, and to all
other parties, and 1. Deposition upon oral examination; and
3. Specifying the time, place, manner, conditions, 2. Deposition upon written interrogatories.
scope, and person conducting the examination ().
Interrogatories to parties (Rule 25)
SECTION 3: REPORT OF FINDINGS
A party or other deponent refuse to answer any question
The party examined may request delivery of a copy of the upon oral examination or any interrogatory submitted
detailed written report, with the findings of the examining under Rules 23 or 25.
physician. Upon such request and delivery, the party
causing the examination is entitled upon request to Remedy: The proponent may apply for an order to
receive a like report of any examination, previously or compel an answer. If granted, the court shall require the
thereafter made, of the same mental or physical condition. refusing party or deponent to answer the question or
interrogatory.
If such report is not delivered:
If the court finds the refusal to answer was without
a. Due to refusal of the party examined, the court substantial justification (application is granted). The
may make an order requiring delivery on such court may require:
terms as are just;
b. Due to failure or refusal of the physician, the 1. The refusing party or deponent;
court may exclude his testimony when offered at 2. The counsel advising the refusal; or
trial (Rule 28, Sec. 3, RoC). 3. Both of them
SECTION 4: WAIVER OF PRIVILEGE To pay the proponent:
By requesting and obtaining a report of the examination so 1. The amount of the reasonable expenses incurred
ordered or by taking the deposition of the examiner, the party in obtaining the order; and
examined waives any privilege he may have in that action or any 2. Attorney’s fees.
other involving the same controversy, regarding the testimony of
every other person who has examined or may thereafter
examine him in respect of the same mental or physical If the court finds the filing of the application was
examination [Sec. 4, Rule 28]. without substantial justification (application is denied).
Since the results of the examination are intended to be made The court may require:
public, the same are not covered by physician-patient privilege
under Sec. 24 (b), Rule 130 (1 Regalado 376, 2010 Ed.). 1. The proponent;
2. The counsel advising the filing of the application;
Q: What is the effect if the physician refuses or fails to make a
report? or
3. Both of them
A: The court may exclude his testimony (Rule 28, Sec. 3, RoC).
To pay the refusing party or deponent:
Q: What is the effect if the party examined requests and obtains
a report on the results of the examination?
1. The amount of reasonable expenses incurred in
A: opposing the application; and
1. He has to furnish the other party a copy of the report of 2. Attorney’s fees.
any previous or subsequent examination of the same
physical and mental condition (Rule 28, Sec. 3, RoC). SECTION 2: CONTEMPT OF COURT
2. He waives any privilege he may have in that action or
any other involving the same controversy regarding the A party or other witness refuses to be sworn or refuses to
testimony of every other person who has so examined answer any question after being directed to do so by the
or may thereafter examine him (Rule 28, Sec. 4, RoC). court of the place in which the deposition is being taken.

Remedy: The refusal may be considered a contempt of c. Dismissing the action or proceeding or any
that court part thereof; or
d. Rendering a Judgement by default against
SECTION 3: OTHER CONSEQUENCES the disobedient party; and
Modes of Discovery affected: 4. In lieu of any of the foregoing orders or in addition
thereto, an order directing the arrest of any party
1. Deposition upon oral examination (Rule 24, or agent of a party for disobeying any of such
RoC); orders except an order to submit to a physical or
2. Deposition upon written interrogatories (Rule 24, mental examination.
RoC);
3. Interrogatories to parties (Rule 25, RoC); Rule 29 imposes serious sanctions on the party who
4. Production or inspection of documents and things refuses to comply with or respond to the modes of
discovery. But then, there are concomitant limitations to
(Rule 27, RoC); and
discovery, even when permitted to be undertaken without
5. Physical and mental examination of persons leave of court and without judicial intervention. As
(Rule 28, RoC). indicated by the Rules, limitations inevitably arise when it
can be shown that the examination is being conducted in
Any party or an officer or managing agent of a party bad faith or in such a manner as to annoy, embarrass, or
refuses to obey: oppress the person subject to the inquiry.
1. An order made under Section 1 of this Rule Also, further limitations come into existence when the
requiring him to answer designated questions; inquiry touches upon the irrelevant or encroaches upon
2. An order under Rule 27 to produce any document the recognized domains of privilege. In fine, the liberty of
a party to make discovery is well-nigh unrestricted if the
or other thing for inspection, copying or
matters inquired into are otherwise relevant and not
photographing or to permit it to be done, or to privileged, and the inquiry is made in good faith and within
permit entry upon land or other property; or the bounds of law (Fortune Corp v. CA, G.R. No.
3. An order made under Rule 28 requiring him to 108119, January 19,1994).
submit to a physical or mental examination.
SECTION 4: EXPENSES ON REFUSAL TO ADMIT
Remedy: The court may make such orders in regard to
the refusal as are just and among others the following: GR: If a party refuses to admit the genuineness of any
document or the truth of any matter of fact and serves a
1. An order that the matters regarding which the sworn denial thereof, and if the other party later on proves
the genuineness of the document or the truth of such matter
questions were asked, or the character or of fact, the court, upon proper application, may order the
description of the thing or land, or the contents of former to pay the reasonable expenses in making such proof,
the paper, or the physical or mental condition of including attorney’s fees (Riano, p. 501, 2020 ed.).
the party, or any other designated facts shall be
XPN: If the court finds that there were good reasons for the
take to be established for the purposes of the
denial or that admissions sought were of no substantial
action in accordance with the claim of the party importance, no order shall be issued.
obtaining the order;
2. An order: NOTE: This Rule is in relation to Rule 26 (Admission by
a. Refusing to allow the disobedient party to Adverse Party).
support or oppose designated claims or
SECTION 5: FAILURE TO PARTY TO ATTEND OR
defenses, or SERVE ANSWERS
b. Prohibiting him from:
i. Introducing in evidence designated In case of failure of a party to attend depositions or to
documents or things or items of serve answers to interrogatories, the court may:
testimony, or
ii. Introducing evidence of physical or 1. Strike out all or any part of the pleading of that
mental condition; party;
3. An order: 2. Dismiss the action or proceeding or any part
a. Striking out pleadings or parts thereof; thereof;
b. Staying further proceedings until the order is 3. Enter a judgment by default against that party,
obeyed; and, in its discretion
4. Order him to pay reasonable expenses incurred 2. From the pleadings, affidavits, depositions, and
by the other, including attorney’s fees. other papers, there is no genuine issue, the court
may render a summary judgment (Rule 35, RoC)t;
NOTE: The consequences under Section 5 of Rule 29 will
apply if a party refuses to answer the whole set of written 3. Parties have entered into a compromise or an
interrogatories, and not just a particular question. Where amicable settlement either during the pre-trial or
the party, upon whom the written interrogatories is served, while the trial is in progress (Rule 18, RoC; Art.
refuses to answer a particular question in the set of 2028, NCC);
written interrogatories and despite an order compelling
him to answer the particular question, still refuses to obey 4. Where the complaint has been dismissed with
the order, Section 3(c) of Rule 29 will apply (Riano, p. prejudice, or when the dismissal has the effect of an
501, citing Zepeda v. China Banking Corporation, 504 adjudication on the merits (Rule 16, Sec. 5; Rule
SCRA 126, 134). 17, Sec. 3; Rule 7, Sec. 5, RoC);
SECTION 6: EXPENSES AGAINST THE REPUBLIC 5. Where the case falls under the operation of the
OF THE PHILIPPINES Rules on Summary Procedure (Rule 17); and
Expenses and attorney’s fees are not to be imposed upon 6. Where the parties agree, in writing, upon the facts
the Republic of the Philippines under this Rule.
involved in the litigation, and submit the case for
judgment on the facts agreed upon, without the
Courts given ample power to forbid discovery
introduction of evidence.
The provision affords the adverse party, as well as the
deponent, sufficient protection against abuses that may Schedule of trial
be committed by a party in the exercise of his unlimited
right to discovery. For this reason, courts are given ample The schedule of trial dates shall be continuous, and within
powers to forbid discovery, which is intended not as an the following periods:
aid to litigation, but merely to annoy, embarrass or
oppress either the deponent or the adverse party, or both 1. Initial presentation of plaintiff’s evidence - not
(De Lopez v. Maceren, G.R. No. L-7424, August 31, later than 30 calendar days after the termination of
1954). the pre-trial conference.
RULE 30 – TRIAL The court shall allow the plaintiff to present its
evidence within a period of 3 months or 90 calendar
days.
SECTION 1: SCHEDULE OF TRIAL
If necessary, the date of the judicial dispute
Trial is the judicial examination and determination of the resolution shall also be included.
issues between the parties to the action. It is the judicial
process of investigating and determining the legal 2. Initial presentation of defendant’s evidence - not
controversies between or among the parties. later than 30 calendar days after the court’s ruling
During the trial, the parties present their respective
on plaintiff’s formal offer of evidence.
evidence of their claims and defenses. Such claims and
defenses shall constitute the bases for the judgment of
the court. The court shall allow the defendant to present its
evidence within a period of 3 months or 90 calendar
days.
When Trial is Necessary
3. Presentation of evidence on the 3rd-party claim,
GR: A trial is necessary when there are issues to be tried
as result of the specific denials of the material allegations counterclaim or cross-claim (4th-, as the case
in the complaint. may be) - upon the determination by the court.
XPN: A civil case may be adjudicated upon without the Provided that the total of which shall not exceed 90
need for a trial in any of the following cases, where: calendar days.
1. Pleadings of the parties tender no issues at all, a 4. Rebuttal evidence - if necessary, the court shall set
judgment on the pleadings may be directed by the the presentation of the parties’ respective rebuttal
court (Rule 43, RoC)); evidence which shall be completed within a period
of 30 calendar days.

The trial dates may be shortened depending on the SECTION 3: REQUISITES OF MOTION TO
number of witnesses to be presented. Provided, that the POSTPONE TRIAL FOR ILLNESS OF PARTY OR
presentation of evidence of all parties shall be terminated COUNSEL
within a period of 10 months or 300 calendar days.
Requisite for postponement on the ground of illness
If there are no 3rd-party (4th- as the case may be) claim,
counterclaim, or cross-claim, the presentation of evidence Trial may be suspended on the ground of illness of either
shall be terminated within a period of 6 months or 180 party or counsel by complying with the following:
calendar days (Rule 30, Sec. 1, RoC).
1.A motion for postponement must be filed.
Example: X is the plaintiff. Y is the defendant. The pre- 2.It must be supported by an affidavit.
trial conference terminated. The initial presentation of 3.The affidavit shows that the presence of the party or
evidence by X shall be set not later than 30 calendar days counsel at the trial is indispensable.
after the termination of the pre-trial conference. X then 4. That the character of his or her illness is such as to
shall be given a period within 90 calendar days to present render his or her non-attendance excusable (Rule
its evidence. Then the court has to rule upon the formal 30, Sec. 4, RoC).
offer of evidence by X. After that, Y, as the defendant,
SECTION 4: HEARING DAYS AND CALENDAR CALL
shall be given a period of 90 days within which to present
his defense.
Trial must be held from Monday to Thursday at exactly 8:30
am to 2:00 pm (Administrative Circular No. 3-99).
The rebuttal is not a matter of right. The court must
determine whether there will be a rebuttal and surrebuttal,
Motions shall be always heard on a Friday (Rule 30, Sec. 1,
that will be decided in the course of the trial. If necessary, RoC).
the court will set the case for rebuttal.
Courts shall ensure the posting of their court calendars
NOTE: Even before the commencement of the trial outside their courtrooms at least 1 day before the scheduled
proper, the hearing dates have already been hearings (OCA Circular No. 250-2015).
predetermined.
SECTION 5: ORDER OF TRIAL
The court shall decide and serve copies of its decision to
the parties within 90 calendar days from the submission Subject to the provisions of Section 2 of Rule 31, and unless
of the case for resolution, with or without memoranda the court for special reasons otherwise directs, the trial shall
(Rule 30, Sec. 1, RoC). be limited to the issues stated in the pre-trial order and shall
proceed as follows: the one who asserts
Memorandum must prove
1. The plaintiff shall adduce evidence in support of his
It is a written document where you outline all your or her complaint;
submissions, including, among others, citation of 2. The defendant shall then adduce evidence in
authorities, evidence presented, and arguments. It will be support of his or her defense, counterclaim, cross-
submitted to aid in the speedy disposition of cases and to claim and third-party complaint;
enable the courts to have better control of the progress of
3. The third-party defendant, if any, shall adduce
cases.
evidence of his or her defense, counterclaim, cross-
SECTION 2: ADJOURNMENT AND POSTPONEMENT claim and fourth-party complaint;
4. The fourth-party, and so forth, if any, shall adduce
GR: The court may adjourn a trial from day to day and to any evidence of the material facts pleaded by them;
stated time, as the expeditious and convenient transaction of 5. The parties against whom any counterclaim or
business may require. cross-claim has been pleaded, shall adduce
evidence in support of their defense, in the order to
XPN: The court has no power to adjourn a trial for a period
be prescribed by the court;
longer than one month for each adjournment, nor more than
three months in all. 6. The parties may then respectively adduce rebutting
evidence only, unless the court, for good reasons
XPN to XPN: When authorized in writing by the Court and in the furtherance of justice, permits them to
Administrator, Supreme Court. adduce evidence upon their original case; and
7. Upon admission of the evidence, the case shall
The party who caused the postponement is warned that the
presentation of its evidence must still be terminated on the be deemed submitted for decision, unless the
remaining dates previously agreed upon (Rule 30, Sec. 2, court directs the parties to argue or to submit their
RoC).
respective memoranda or any further pleadings the trial or other proceedings do not require proof and
(Rule 30, Sec. 5, RoC). cannot be contradicted unless previously shown to have
On presentation of rebuttal evidence: been made through palpable mistake (Yu v. Mapayo 44
SCRA 163, March 29, 1972).
GR: A party cannot submit evidence which should have
SECTION 8: SUSPENSION OF ACTIONS
been presented as a chief evidence.
Suspension of actions shall be governed by the provisions
XPN: The court, for good reasons, for the furtherance of
on the Civil Code and other laws (Rule 30, Sec. 8, RoC).
justice, may allow it.
EXAMPLE: Under the Civil Code, if both parties
NOTE: Pre-trial order is important because it limits or sets
manifested that they are likely to settle the case amicably,
the issues to be tackled. Any evidence that is being
the Court may suspend it to give the parties enough time
presented to an issue which was not stated in the pre-trial
to reconcile.
order can be objected to.
SECTION 9: JUDGE TO RECEIVE; DELEGATION TO
However, even if the issue is not included in the pre-trial
CLERK OF COURT
order but the parties expressly or impliedly tried the issue,
there is no need to file a motion to admit the amended
Reception of Evidence
pleadings in order to conform to the evidence presented
because the parties precisely agreed to try the issue
The judge of the court where the case is pending shall
which was not included in the pleadings (Rule 30, Sec. 5,
personally receive the evidence to be adduced by the
RoC).
parties.
SECTION 6: ORAL OFFER OF EXHIBITS Reception of the evidence may, nevertheless, be delegated
to the clerk of court, who is a member of the bar, in the
The offer of evidence, the comment or objection thereto, following cases:
and the court ruling, shall be made orally in accordance
with Sections 34 to 40 of Rule 132 (Rule 30, Sec. 6, RoC). 1. In default hearings;
2. In ex parte hearings;
SECTION 7: AGREED STATEMENT OF FACTS 3. In any case by written agreement of the parties
The parties to an action may agree, in writing, upon the
GR: A party shall present the evidence before a judge of the
facts involved in the litigation, and then submit the case
court where the case is pending.
for judgment on the facts agreed upon, without the
introduction of evidence.
XPN: In cases of default, ex parte hearings, any agreement
by the parties, the evidence may be received by the clerk of
If the parties agree only on some facts in issue, the trial court provided that he is a lawyer.
shall be held as to the disputed facts in such order as the
court shall prescribe (Rule 30, Sec. 7, RoC). XPN to the XPN: The clerk of court acting as a person who
receives evidence does not have the power to rule on
When parties request that there is stipulation on a fact, it objections, his only duty is to note the objections. It is only
means that they agreed that that fact exists and is true. the presiding judge of the court where the case is pending
who will rule on the objections.
In a situation where all the facts were already stipulated
on, there will be no controversy anymore as to the facts. No provision of law or principle of public policy prohibits a court
The case can be submitted already for the court to decide. from authorizing its clerk of court to receive the evidence of a
party litigant. After all, the reception of evidence by the clerk of
Q: What is the remedy of a losing party when there was court constitutes but a ministerial task — the taking down of the
testimony of the witnesses and the marking of the pieces of
an RTC judgment based on stipulated facts? documentary evidence, if any, adduced by the party present.
This task of receiving evidence precludes, on the part of the
A: Appeal by certiorari under Rule 45 because the issue clerk of court, the exercise of judicial discretion usually called for
here is legal and not factual (facts are agreed). It involves when the other party who is present objects to questions
a pure question of law which means that if the RTC was propounded and to the admission of the documentary evidence
acting in its original jurisdiction, it should be elevated to proffered (Laluan v. Mapaya, 65 SCRA 494, 1975).
the Supreme Court via Rule 45.
RULE 31: CONSOLIDATION OR SEVERANCE
Rule 129, Sec. 2. Judicial admissions.— Admissions SECTION 1: CONSOLIDATION
made by the parties in the pleadings, or in the course of
When actions involving a common question of law or fact
are pending before the court, it may order a joint hearing 1. Cases involve same questions of fact or law
or trial of any or all the matters in issue in the actions; it 2. To minimize appellant’s expense in pursuing appeal
may order all the actions consolidated, and it may make considering that they are of the same reliefs
such orders concerning proceedings therein as may tend 3. Cases involve same parties and basically same
to avoid unnecessary costs or delay (Rule 31, Sec. 1, issues to avoid conflicting decisions.
RoC). 4. To avoid multiplicity of suits
Consolidation of cases may take place in any of the Q: If cases are consolidated, in which court would the
following ways: case be docketed?
1. Quasi-consolidation; A: Normally, it would be consolidated in the court where the
2. Actual consolidation; and lowest docketed case is. For example, the cases to be
3. Consolidation for trial. consolidated are Civil Cases No. 0001, 0002, and 0003. It
Quasi-consolidation would be consolidated in Civil Case No. 0001. However,
there would be no more consolidation if one of the cases is
Where all except one of several actions are stayed until already at the presentation of evidence while the others are
one is tried, in which case the judgment in the one trial is not.
conclusive as to the others. This is not actually
Joint trial
consolidation but is referred to as such (Producers Bank
v. Excelsa, G.R. No. 152071, 2012).
As held in Caños v. Peralta, joint trial is permissible “where
the [actions] arise from the same act, event or transaction,
EXAMPLE: If there are 5 proceedings, 4 are stopped and involve the same or like issues, and depend largely or
only one is tried. In which case, the judgment rendered substantially on the same evidence, provided that the court
therein would be conclusive as to the others. has jurisdiction over the cases to be consolidated and that a
joint trial will not give one party an undue advantage or
Actual consolidation prejudice the substantial rights of any of the parties.”
Where several actions are combined into one, lose their Joint trial is proper where the offenses charged are similar,
separate identity, and become a single action in which a related, or connected, or are of the same or similar character
single judgment is rendered. This is illustrated by a (Neri v. Sandiganbayan, G.R. No. 202243, August 07,
situation where several actions are pending between the 2013).
same parties stating claims which might have been set
out originally in one complaint (Producers Bank v. Q: Can an ordinary civil case be consolidated with a
Excelsa, G.R. No. 152071, 2012). proceeding which is summary in nature?
EXAMPLE: If there are 5 cases, all will be combined in A: No, it cannot. Because they have different rules.
Civil Case No. 0001. The separate and distinctive
EXAMPLE: An unlawful detainer case and collection suit for
features of Civil Cases No. 0002, 0003, 0004, and 0005
P10M cannot be consolidated. First, there will be a problem
will be lost.
with the jurisdiction because the MTC would have jurisdiction
over the unlawful detainer case while the collection suit for
Consolidation for trial P10M should be in the RTC. Second, the rules of procedure
would be different.
Where several actions are ordered to be tried together but
each retains its separate character and requires the entry of
SECTION 2: SEPARATE TRIALS
a separate judgment. This type of consolidation does not
merge the suits into a single action, or cause the parties to
one action to be parties to the other (Producers Bank v. The court, in furtherance of convenience or to avoid
Excelsa, G.R. No. 152071, 2012). prejudice, may order a separate trial of any claim, cross-
claim, counterclaim, or third-party complaint, or of any
Rationale on Consolidation separate issue or of any number of claims, cross-claims,
counterclaims, third-party complaints or issues (Rule 31,
Consolidation is a procedural device granted to the court as Sec. 2, RoC).
an aid in deciding how cases in its docket are to be tried so
that the business of the court may be dispatched Generally, a lawsuit should not be tried piecemeal, or at least
expeditiously and with economy while providing justice to the such a trial should be undertaken only with great caution and
parties (Producers Bank v. Excelsa Industries, G.R. No. sparingly. There should be one full and comprehensive trial
152071, 2012). covering all disputed matters, and parties cannot, as of right,
have a trial divided. It is the policy of the law to limit the
Reasons for consolidating number of trials as far as possible, and separate trials are
granted only in exceptional cases. Even under a statute XPN:
permitting trials of separate issues, neither party has an
absolute right to have a separate trial of an issue involved. 1. In expropriation cases where what would be
The trial of all issues together is especially appropriate in an decided is the issue of just compensation; and
action at law wherein the issues are not complicated 2. In cases of partition where the parties do not agree
(Metropolitan Bank v. Sandoval, G.R. No. 169677, to amicably partition the co-owned properties.
February 18, 2013).
NOTE: In a separate trial, the one separated from the NOTE: The consent of a party who has been declared in
default is not necessary for the designation of the clerk of
main case will not be able to participate therein. Hence, a
court as commissioner. Such party is not entitled to
request for separate trial must be denied if the issues
participate in the proceeding, his only right thereto is to be
involved are not complicated or are basically the same. notified of the proceedings and receive copies of the
pleadings thus filed (Wassmer v. Velez, G.R. No. L-20089,
GR: No separate trial because in so doing, separated December 26, 1964).
party will not be able to participate.
SECTION 3: ORDER OF REFERENCE; POWERS OF
XPN: Permitted only when there are extraordinary THE COMMISSIONER
grounds for conducting separate trials on different issues
raised in the same case, or when separate trials of the When a reference is made, the clerk shall forthwith furnish
issues will avoid prejudice, further convenience, promote the commissioner with a copy of the order of reference. The
justice, or give a fair trial to all parties (Metropolitan Bank order may specify or limit the powers of the commissioner,
v. Sandoval, G.R. No. 169677, February 18, 2013). and may direct him or her to report only upon particular
issues, or to do or perform particular acts, or to receive and
RULE 32: TRIAL BY COMMISSIONER report evidence only, and may fix the date for beginning and
closing the hearings and for the filing of his or her report.
SECTION 1: REFERENCE BY CONSENT Subject to other specifications and limitations stated in the
order, the commissioner has and shall exercise the power to
By written consent of both parties, the court may order regulate the proceedings in every hearing before him or her
any or all of the issues in a case to be referred to a and to do all acts and take all measures necessary or proper
commissioner to be agreed upon by the parties or to be for the efficient performance of his or her duties under the
appointed by the court. As used in these Rules, the word order. He or she may issue subpoenas and
"commissioner" includes a referee, an auditor and an subpoenas duces tecum, swear witnesses, and unless
examiner (Rule 32, Sec. 1, RoC). otherwise provided in the order of reference, he or she may
rule upon the admissibility of evidence. The trial or hearing
NOTE: Trial by commissioners is not mandatory; not a before him or her shall proceed in all respects as it would if
matter of right. Parties would be required to submit names held before the court (Rule 32, Sec. 3, RoC).
of the commissioners and they would both agree as to it.
NOTE: Unlike the clerk of court who can only be appointed
SECTION 2: REFERENCE ORDERED ON MOTION to receive evidence ex parte, commissioners have the power
to rule on admissibility of evidence.
When the parties do not consent, the court may, upon the
SECTION 4: OATH OF COMMISSIONER
application of either or of its own motion, direct a
reference to a commissioner in the following cases:
Before entering upon his or her duties the commissioner
1. When the trial of an issue of fact requires the shall be sworn to a faithful and honest performance
thereof (Rule 32, Sec. 3, RoC).
examination of a long account on either side, in
which case the commissioner may be directed to NOTE: A commissioner is an officer of the court.
hear and report upon the whole issue or any
specific question involved therein; SECTION 5: PROCEEDINGS BEFORE
2. When the taking of an account is necessary for COMMISSIONER
the information of the court before judgment, or
for carrying a judgment or order into effect. Upon receipt of the order of reference and unless
otherwise provided therein, the commissioner shall
3. When a question of fact, other than upon the
forthwith set a time and place for the first meeting of the
pleadings, arises upon motion or otherwise, in parties or their counsel to be held within ten (10) calendar
any stage of a case, or for carrying a judgment or days after the date of the order of reference and shall
order into effect (Rule 32, Sec. 2, RoC). notify the parties or their counsel (Rule 32, Sec. 5, RoC).
GR: Trial by commissioner not mandatory.
SECTION 6: FAILURE OF PARTIES TO APPEAR
BEFORE COMMISSIONER
If a party fails to appear at the time and place appointed, parties to present further evidence before the commissioner
the commissioner may proceed ex parte or, in his or her or the court (Rule 32, Sec. 11, RoC).
discretion, adjourn the proceedings to a future day, giving
notice to the absent party or his or her counsel of the NOTE: Commissioner’s end-product is a report which would
adjournment (Rule 32, Sec. 6, RoC). be submitted to the court. The court will then give parties the
time to make comments upon such report to be submitted to
SECTION 7: REFUSAL OF WITNESS it.
The refusal of a witness to obey a subpoena issued by Actions of the court

the commissioner or to give evidence before him or her,
shall be deemed a contempt of the court which appointed Upon submission of the parties of their comments to the
the commissioner (Rule 32, Sec. 7, RoC). court, it may:
1. Reject or recommit the report to the commissioner;

NOTE: Contempt here refers to indirect contempt
wherein a separate case must be filed to this effect. 2. Adopt the same; or
3. Partially adopt and partially recommit it.
SECTION 8: COMMISSIONER SHALL AVOID
DELAYS SECTION 12: STIPULATIONS AS TO FINDING
It is the duty of the commissioner to proceed with all When the parties stipulate that a commissioner's findings of
reasonable diligence. Either party, on notice to the parties fact shall be final, only questions of law shall thereafter be
and commissioner, may apply to the court for an order considered (Rule 32, Sec. 12, RoC).
requiring the commissioner to expedite the proceedings
and to make his or her report (Rule 32, Sec. 8, RoC). NOTE: The remedy for an adverse decision in this case is
Rule 45. In this case a party can no longer raise question of
SECTION 9: REPORT OF COMMISSIONER fact as the issue here is purely legal. Because facts are
already agreed, the question now is whether or not the law
Upon the completion of the trial or hearing or proceeding was correctly applied to the given set of facts.
before the commissioner, he or she shall file with the court
his report in writing upon the matters submitted to him or SECTION 13: COMPENSATION OF COMMISSIONER
her by the order of reference. When his powers are not
specified or limited, he or she shall set forth his or her The court shall allow the commissioner such reasonable
compensation as the circumstances of the case warrant, to
findings of fact and conclusions of law in his report. He or
be taxed as costs against the defeated party, or apportioned,
she shall attach thereto all exhibits, affidavits, depositions,
as justice requires (Rule 32, Sec. 13, RoC).
papers and the transcript, if any, of the testimonial
evidence presented before him or her (Rule 32, Sec. 9,
RoC). RULE 33: DEMURRER TO EVIDENCE
SECTION 1: DEMURRER TO EVIDENCE
SECTION 10: NOTICE TO PARTIES OF THE FILING
OF REPORT When to file demurrer to evidence
Upon the filing of the report, the parties shall be notified After the plaintiff has completed the presentation of his
by the clerk, and they shall be allowed ten (10) calendar evidence, the defendant may move for dismissal on the
days within which to signify grounds of objections to the ground that upon the facts and the law, the plaintiff has
findings of the report, if they so desire. Objections to the shown no right to relief.
report based upon grounds which were available to the
parties during the proceedings before the commissioner, Nature of demurrer to evidence
other than objections to the findings and conclusions
therein, set forth, shall not be considered by the court A demurrer to evidence is a motion to dismiss on the ground
unless they were made before the commissioner (Rule of insufficiency or evidence and is presented after the plaintiff
32, Sec. 10, RoC). rests his case. It is an objection by one of the parties in an
action, to the effect that the evidence which his adversary
SECTION 11: HEARING UPON REPORT produced is insufficient in point of law, whether true or not, to
make out the case or sustain the issue. The evidence
Upon the expiration of the period of ten (10) calendar days contemplated by the rule on demurrer is that which pertains
to the merits of the case (Gonzales v. Bugaay, G.R. No.
referred to in the preceding section, the report shall be set
173008, February 22, 2012 ).
for hearing, after which the court shall issue an order
adopting, modifying, or rejecting the report in whole or in
Demurrer to Evidence vs. Failure of the Complaint to
part, or recommitting it with instructions, or requiring the
State a Cause of Action
lack of cause of action
DEMURRER TO FAILURE TO STATE A the trial court. Instead, it should render judgment based
EVIDENCE CAUSE OF ACTION on the evidence submitted by the plaintiff
Plaintiff goes to trial (Radiowealth Finance Co v. Del Rosario, G.R. No.
and presents his 138739, July 6, 2000).
testimonial, Waiver of Right to Present Evidence
documentary, and
If the complaint fails to state a
object evidence. If If the demurrer is granted but on appeal the order of dismissal is
cause of action, you will file an
based on the reversed, the defendant is deemed to have waived his right to
answer and raise it as an present evidence (Rule 33, Sec. 1, RoC).
presented evidence,
affirmative defense (Rule 8,
plaintiff was not able to
Sec. 12, RoC). Difference between Demurrer to Evidence in Civil and
prove his cause of
action, the defendant Criminal Cases
will file a demurrer to
evidence. CIVIL CASES CRIMINAL CASES
It can be determined It is based on preliminary AS TO NECESSITY OF LEAVE OF COURT
after the plaintiff has objections which can be Defendant need not ask May be filed with or without
rested his case and ventilated out before the for leave of court. leave of court. However,
based on the evidence beginning of the trial (Manila leave of court is necessary
admitted by the court, Banking v. University of so that the accused could
the plaintiff failed to Baguio, G.R. No. 159189, present his evidence if the
prove his complaint February 21, 2007). demurrer is denied.
AS TO EFFECT OF GRANTING THE DEMURRER
Ground for Demurrer to Evidence If the court finds plaintiff’s If the court finds the
evidence insufficient, it prosecution’s evidence
The only ground for demurrer to evidence is upon will grant the demurrer by insufficient, it will grant the
showing that upon the facts and the law, the plaintiff has dismissing the complaint. demurrer by rendering
shown no right to relief. judgment acquitting the
accused.
Purpose for Demurrer to Evidence AS TO EFFECT OF DENIAL
If court denies the If court denies the
It is an aid or instrument for the expeditious termination of demurrer, defendant will demurrer:
an action similar to a motion to dismiss which the court or present his evidence. a. With leave –
tribunal may grant or deny. accused may
present his
SECTION 2: ACTION ON DEMURRER TO EVIDENCE evidence
A demurrer to evidence shall be subject to the provisions of Rule b. Without leave –

15 (it is in the form of a litigated motion). accused can no
>
if denied defendant will proceed to present evidence
, longer present his
,
The order denying the demurrer to evidence shall not be subject evidence and
of an appeal or petition for certiorari, prohibition, or mandamus submits the case
before judgment (Rule 33, Sec. 2, RoC). for decision based
on the
Q: Will you file a notice of hearing together with that prosecution’s
motion? evidence
A: NO. The court may schedule it for clarificatory hearing
because it is a litigated motion. Since a denial of demurrer of evidence is interlocutory, the judge
does not have the obligation to comply with the constitutional
requirement of stating the facts and law on which the decision is
Effect of Denial
based. If it was a grant, a final judgment, the judge must take
the law and facts on which the judgment is based
1. The defendant shall have the right to present his
(Nepomuceno v. Comelec, G.R. No. L-60601, December 29,
evidence. 1983).
2. An order denying a demurrer to evidence is not
appealable because it is interlocutory. RULE 34: JUDGMENT ON THE PLEADINGS
Effect of Grant
SECTION 1: JUDGMENT ON THE PLEADINGS
1. The case shall be dismissed.
2. Upon appeal, the appellate court reversing the order
Nature of Judgment on the Pleadings
granting the demurrer should not remand the case to
It is a judgment rendered by the court if the answer fails The order of the court in Sec. 10 Rule 18 cannot be subject of
to tender an issue, or otherwise admits the material appeal nor can it be subject to Rule 65 petition because it is not
allegations of the adverse party’s pleading, or there are a final order.
negative pregnant.
Q: After pre-trial, can the court still render judgment based
on the pleadings?
The judgment is based exclusively upon the allegations
appearing in the pleadings of the parties and the annexes
A: YES. Sec. 2 of Rule 34 states that the court may motu propio
thereto, if any, without consideration of any evidence or on motion render judgment on the pleadings if it is apparent
aliunde -
that the answer fails to tender an issue, or otherwise admits the
material allegations of the adverse party’s pleadings. Otherwise,
NOTE: There is no issue at all. the motion shall be subject to the provisions of Rule 15 of these
Rules.
Grounds for judgment on the pleadings
Judgment on the pleadings is improper when the answer to the
The answer fails to tender an issue because of: complaint tenders several issues (Municipality of Tiwi v.
1. General denial of the material allegation of the Betito, G.R. No. 171873, July 9, 2010).
complaint; or
Essential question when a motion for judgment on the
2. The answer admits material allegations of the pleadings is filed; whether there are issues generated by
adverse party’s pleadings (Rule 34, Sec. 1, the pleading
RoC).
Instances when judgment on the pleadings is NOT When a motion for judgment on the pleadings is filed, the
essential question is whether there are issues generated by the
applicable
pleadings. In a proper case for judgment on the pleadings, there
1. Actions for declaration of nullity of marriage, is no ostensible issue at all because of the failure of the
annulment of marriage or for legal separation; defending party’s answer to raise an issue.
2. Unliquidated damages;
3. Insufficiency of fact – amendment is the remedy. RULE 35: SUMMARY JUDGMENTS
Note: When it appears, that not all the material
allegations of the complaint were admitted in the answer, Summary Judgment
because some of them were either denied or disputed,
and the defendant has set up certain special defenses Parties to an action have the right "to a plenary trial of the
which, if proven, would have the effect of nullifying case" to ensure that they were given a right to fully
plaintiff’s main cause of action, judgment on the pleadings present evidence on their respective claims. There are
cannot be rendered (Philippine National Bank vs. instances, however, when trial may be dispensed with.
Aznar, G.R. No. 171805, May 30, 2011). Under Rule 35, a trial court may dispense with trial and
proceed to decide a case if from the pleadings, affidavits,
Rule 34 in connection with Sec. 10 of Rule 18 depositions, and other papers on file, there is no genuine
issue as to any material fact. In such a case, the judgment
Sec. 10 Judgment after pre-trial. – Should there be no issued is called a summary judgment (Oliver vs. Castillo,
more controverted facts, or no more genuine issue as to G.R. No. 196251, July 9, 2014).
any material fact, or an absence of any issue, or should
the answer fail to tender an issue, the court shall, without Judgment on the Pleadings vs. Summary Judgment
prejudice to a party moving for judgment on the pleadings
under Rule 34 or summary judgment under Rule 35, motu JUDGMENT ON THE
SUMMARY JUDGMENT
propio include in the pre-trial order that the case be PLEADINGS
submitted for summary judgment or judgment on the AS TO ISSUES
pleadings, without need of position papers or Judgment on the In a summary judgment,
memoranda. In such cases, judgment should be rendered pleadings is proper when the answer filed tenders
within ninety (90) calendar days from termination of the the answer filed fails to issues as specific denials
pre-trial. tender any issue, or and affirmative defenses
otherwise admits the are pleaded, but the issues
The order of the court to submit the case for judgment material allegations in raised are sham, fictitious,
pursuant to this Rule shall not be the subject to appeal or the complaint. .
or otherwise not genuine.
certiorari (Rule 18, Sec. 10, RoC). AS TO WHO MAY FILE
Filed by a claiming party May be filed by either the
NOTE: If parties are still in the pre-trial stage the court on like a plaintiff or a claiming or the defending
any basis there is, can on its own or upon motion of the counterclaimant. party.
party render judgment on the pleadings. AS TO BASIS OF JUDGMENT

Based on the pleadings Based on the pleadings, If the petitioner opposes and filed his opposition paper, this
alone. affidavits, depositions and must establish a genuine issue of facts to defeat the motion.
admissions. When there is no opposition, the court cannot be said to have
AS TO NOTICE REQUIRED acted in grave abuse of discretion in declaring that no
Only a three-day notice A ten-day notice to the genuine issue was submitted (Estrada v. Consolacion,
G.R. No. L-40948, June 29, 1976).
to the adverse party is adverse party is required.
required prior to the date The adverse party in turn
of hearing in a motion for may serve opposing SECTION 3: MOTION AND PROCEEDINGS THEREON
judgment on the affidavits, depositions or
As to the moving party
pleadings based on the admissions at least three
regular rules on motions. days before the hearing. The moving party shall file a motion containing the following:
AS TO JUDGMENT
a. May be an On the merits 1. Supporting affidavits;
interlocutory order, 2. Depositions;
in case of partial 3. Admissions; and
summary judgment
4. Specific law relied upon (Rule 35, Sec. 3, RoC).
b. On the merits
Note: For summary judgment to proceed, the movant has
Genuine Issue vs. Sham/Fictitious Issue
the burden of demonstrating clearly the absence of genuine
issues of facts, or that the issue posed is patently
A genuine issue means an issue of fact which calls for insubstantial as to constitute a genuine issue (Globe
the presentation of evidence. It exists if the answer or Asiatique Realty v. Union Bank G.R. No. 229339, July 19,
responsive pleading filed specifically denies the material 2019).
allegations of fact set forth in the complaint or pleading.
However, if the issue "could be resolved judiciously by The affidavits submitted by the moving party shall be by
plain resort" to the pleadings, affidavits, depositions, and persons having personal knowledge of the facts (Estrada v.
other papers on file, the issue of fact raised is sham, and Consolacion, G.R. No. L-40948, June 29, 1976).
the trial court may resolve the action through summary
judgment (Oliver vs. Castillo, G.R. No. 196251, July 9, As to the adverse party
2014).
Within 5 calendar days, file a comment and serve supporting
SECTION 1: SUMMARY JUDGMENT FOR CLAIMANT affidavits, depositions, and admissions.
A party seeking to recover upon a claim, counterclaim, or As to the Court

cross-claim or to obtain a declaratory relief may, at any
time after the pleading in answer thereto has been served, Conduct a hearing if necessary or render judgment based on
of
move with supporting affidavits, depositions or
admissions for a summary judgment in his or her favor
upon all or any part thereof (Rule 35, Sec. 1, RoC).
the pleadings, supporting affidavits, depositions and
admissions filed when, except as to the amount of damages,
there is no genuine issue as to any material fact and that
the moving party is entitled to judgment as a matter of
law (Rule 35, Sec. 3, RoC; Trade and Investment Corp. v.
SECTION 2: SUMMARY JUDGMENT FOR Philippine Veterans Bank, G.R. No. 233850, July 1, 2019).
DEFENDING PARTY
“Genuine issue on any material facts”
A party against whom a claim, counterclaim, or cross-claim
is asserted or a declaratory relief is sought may, at any time, An issue of material fact exists if the answer or responsive
move with supporting affidavits, depositions or admissions pleading filed specifically denies the material allegations of
for a summary judgment in his or her favor as to all or any fact set forth in the complaint or pleading.
part thereof (Rule 35, Sec. 2, RoC).
If the issue of fact requires the presentation of evidence, it is
Note: The only time that the court may render a summary a genuine issue of fact. However, if it could be resolved
judgment before an answer is filed is with regard to judiciously by plain resort to the pleadings, affidavits or
liquidated damages. In all other instances, the defendant depositions, the issue of fact raised is sham, and the trial
needs to file an answer so that issues may be joined and that court may resolve the action through summary judgment
the court may determine if the issues are substantial or (Olivarez Realty v. Castillo, G.R. No. 196251, July 9,
genuine. 2014).
When the moving party is the defendant, his pleadings, In a collection suit where the obligation and non-fulfillment
depositions, or affidavits must show that his defense or are admitted by the debtor, with the rate of interest and
denial are sufficient to defeat the claimant’s claim amount of damages being the only remaining issue, there is
no genuine issue and a summary judgment may be rendered
(Trade and Investment Corp. v. Philippine Veterans its own. The court can only render summary judgment upon
Bank, G.R. No. 233850, July 1, 2019). motion of a party.
SECTION 5: FORM OF AFFIDAVITS AND

Moving party files a motion for summary judgment SUPPORTING PAPERS
with the supporting affidavits, depositions,
admissions, and the specific law relied upon. Requisites
1. Shall be made on personal knowledge;

The adverse party may file his comment or counter- 2. Shall set forth such facts as would be admissible in
oppositions with the supporting affidavits, evidence;
depositions and admissions within 5 days. 3. Shall show affirmatively that the affiant is competent
to testify to the matters stated therein;
4. Certified true copies of all papers or parts thereof
Hearing, if necessary. referred to in the affidavit shall be attached thereto
or served therewith.
Court shall render judgment when there is no Summary judgment is a device for weeding out sham
genuine issue as to any material fact and the moving claims or defenses at an early stage of the litigation, thereby
party is entitled to the judgment as a matter of law. avoiding the expense and loss of time involved in a trial
(TIDCOR vs. PVB, G.R. 233850, July 1, 2019).
NOTE: Any action of the court on a motion for summary
SECTION 6: AFFIDAVITS IN BAD FAITH
judgment shall not be subject of an appeal or petition for
certiorari, prohibition or mandamus (Rule 35, Sec. 3, Affidavits in bad faith or solely for the purpose of delay
RoC).
Sanctions:
SECTION 4: CASE NOT FULLY ADJUDICATED ON
MOTION 1. The court shall forthwith order the offending party or
counsel to pay to the other party:
Partial Summary Judgment a. Amount of the reasonable expenses which
the filing of the affidavits caused him or her to
If on motion, judgment is not rendered upon the whole case incur,
or for all the reliefs sought and a trial is necessary, the court b. Attorney's fees,
may ascertain what material facts exist without substantial 2. It may, after hearing further adjudge the offending party
controversy, including the extent to which the amount of
or counsel guilty of contempt.
damages or other relief is not in controversy, and direct such
further proceedings in the action as are just. The facts
The real test of a motion for summary judgment is whether the
ascertained shall be deemed established, and the trial shall
pleadings, affidavits and exhibits in support of the motion are
be conducted on the controverted facts (Rule 35, Sec. 4, sufficient to overcome the opposing papers and to justify a
RoC). finding as a matter of law that there is no defense to the action
or that the claim is clearly meritorious (Grand Farms, Inc. and
A partial summary judgment is an interlocutory order and not Philippine Shares Corporation vs. CA, G.R. 91779, February
a final order. Thus, no appeal may be filed. The remedy of 7, 1991).
the party is to go to trial and wait for the judgment of the court
in the case.
RULE 36: JUDGMENTS, FINAL ORDERS and ENTRY
An order granting a motion for summary judgment which fully THEREOF
determines the rights and obligations of the parties and
leaves no other issue unresolved, except the amount of NOTE: This Rule involving judgments, final orders and
damages, is a final judgment (Trade and Investment Corp. entry of judgments only apply to final judgments and NOT
v. Philippine Veterans Bank, G.R. No. 233850, July 1, to interlocutory orders.
2019).
Final Judgments v. Interlocutory Order
NOTE: When the case is still in the pre-trial stage, the court,
on its own or upon motion of a party, render judgment on the INTERLOCUTORY
pleadings or summary judgment. FINAL JUDGMENTS
ORDER
There is nothing else left There is something left to
When the case is already in the trial stage, the court can still,
for the court to do. be done by the courts.
on its own or upon motion of a party render a judgment on
the pleadings, but it cannot render a summary judgment on
It is one that finally It does not dispose of the This involves a collection case in the MTC. MTC rendered
disposes of a case. case completely. judgment. The judgment was appealed to RTC. RTC
It is an adjudication on rendered a judgment basically saying that it is adopting the
the merits which judgment of the MTC.
declares categorically
It leaves something more to This RTC judgment was challenged as unconstitutional
the rights and obligations
be done on the merit. for not stating the facts and law on which it was based
of the party (Neypes v.
CA, G.R. No. 141524, RULING: The decision does not measure up to the
September 14, 2005) constitutional command that the decision rendered by the
e.g. An order e.g. an order DENYING a court should distinctly state the facts and the law on which it
GRANTING a Motion to Motion to Dismiss. This is is based. While it is true there is one case, Fransisco v.
Dismiss. This is because because there is still Permschool, where a memorandum decision was just
there is nothing left to be something left to be done appended. This memorandum decision merely incorporated
done. The case is by the court, such as, the decision of the MTC. In other words, by way of reference,
dismissed. conducting trial. “finding the MTC decision correct and AFFIRMED”
NOTE: Interlocutory orders are not decisions or The memorandum decision, to be valid, cannot incorporate
judgments within the constitutional definition. They only the findings of fact and the conclusions of law of the lower
determine incidental matters that do not touch on the court only by remote reference, which is to say that the
merits of the case or put an end to the proceedings. challenged decision is not easily and immediately available
to the person reading the memorandum decision. For the
Memorandum decision incorporation by reference to be allowed, it must provide for
direct access to the facts and the law being adopted, which
must be contained in a statement attached to the said
It is a decision of the appellate court which adopts the
decision
findings and the conclusion of the trial court.
Therefore, the memorandum decision authorized
Requisites for a valid memorandum decision: should actually embody the findings of fact and
conclusions of law of the lower court in an annex
1. Such decision must not simply incorporate the attached to and made an indispensable part of the RTC
findings of facts and conclusion of law, it must decision. In other words, the MTC decision must be
also provide direct access to the facts and the attached.
law being adopted, which must be contained in
But if (1) the MTC Decision is incorporated in the RTC
a statement attached to the decision and made Decision; or if the (2) the copy of the MTC Decision is
an indispensable part of the decision. attached in the RTC Decision, that becomes a valid
memorandum decision (Lacurom v. Judge Tienzo, AM
REASON: Because it is expected that this No. RTJ-07-2075, October 9, 2007).
requirement will relieve the suspicion that no
study was made of the decision of the lower court Contents of a judgment
and that its decision was merely affirmed without
a proper examination of the facts and the law on 1. Statement of the case
which it is based. 2. Statement of facts
3. Issues or assignment of errors
2. The decision being adopted should comply with 4. Court Ruling in which each issue is, as a rule,
Article VIII, Section 14 of the Constitution as well separately considered and resolved, and
as Rule 36, Section 1 of the Rules of Court as no 5. Dispositive portion or fallo
amount of incorporation or adoption will rectify its
violation. NOTE: The fallo is very important as it will the
part that is subject to execution.
NOTE: This kind of decision may be resorted to The ponente may include an introduction and prologue as
only in cases where the facts are in the main well as an epilogue, especially in cases in which
accepted by both parties and easily determinable controversial or novel issues are involved (Velarde v.
by the judge and no doctrinal complications Social Justice Society, GR No. 159357, April 28, 2004).
involved will require an extended discussion of
the laws involved. Conflict in dispositive portion and body of decision
Illustrative case GR: Where there is conflict between the dispositive

portion (fallo) and the body of the decision, the fallo
controls. This rule rests on the theory that the fallo is the A dismissal order must still comply with the formal requisites
final order. laid down in this Section if the court orders the dismissal of
the case pursuant to Section 3, Rule 17 without stating if the
XPN: When the conclusion from the body of the decision dismissal is with or without prejudice.
is clear as to show that there was a mistake in the fallow,
the body of the decision will prevail (So v. Food Fest An unqualified order of dismissal rendered pursuant to such
Land, Inc. GR No. 183628, February 9, 2011). rule is deemed to be a dismissal with prejudice. As a
prejudicial dismissal, it is also deemed to be a judgment on
the merits so that the complaint could no longer be re-filed
SECTION 1: RENDITION OF JUDGMENTS AND
on the principle of res judicata. Hence, it is imperative that
FINAL ORDERS
the dismissal order conform to Section 1, Rule 36 of the
Rules of Court on the writing of valid judgments and final
Rendition of judgment orders.
It is the filing of the decision, judgment or order with the Illustrative case
clerk of court. It is NOT the date of the writing of the
decision or judgment nor the signing or even the Even if the denial of the motion to dismiss is an interlocutory
promulgation thereof. order, the SC in this case holds that the perfunctory dismissal
of a Motion to Dismiss for lack of merit should not be the
NOTE: No judgment or order, whether final or norm. Such cavalier dispositions can often pose difficulty and
interlocutory, has juridical existence until and unless it is misunderstanding on the part of the aggrieved party
set down in writing, signed and delivered by the Judge of especially when that party would want to elevate the said
the Clerk of Court, for filing, release to the parties and order pursuant to Rule 65. How can it be said that the judge
implementation (Echaus v. CA, GR No. L-57343, July committed grave abuse of discretion in issuing the
23, 1990). interlocutory order if there is no explanation that would
support the order of the court denying the MTD?
Requisites of a valid judgment
This requirement proscribes the common practice of
1. Court or tribunal must be clothed with the perfunctorily dismissing a motion to dismiss for "lack of
merit." Such cavalier dispositions can often pose difficulty
authority to hear and determine the matter before
and misunderstanding on the part of the aggrieved party in
it; taking recourse therefrom and likewise on the higher court
2. Court must have jurisdiction over the parties and called upon to resolve the same, usually on certiorari. While
subject matter; an order denying a motion to dismiss is interlocutory and
3. Parties must have been given the opportunity to non-appealable, however, if the denial is without or in excess
of jurisdiction, certiorari and prohibition are proper remedies
adduce evidence in their behalf; from such order of denial.
4. Evidence must have been considered by the
tribunal in deciding the case; A trial court should state in its order the reasons for the
5. Judgment must be in writing, personally and dismissal of the complaint so that when the order is
appealed, the appellate court can readily determine from a
directly prepared by the judge;
casual perusal thereof whether there is a prima facie
6. Judgment must state clearly the facts and the law justification for the dismissal (Barrazona v. RTC Br. 61, G.R.
upon which it is based, signed by the judge and No. 154282, April 7, 2006).
filed with the clerk of court.
Substantive basis Original judge transferred to another branch
These formal requisites are consistent with the When the presiding judge of the branch to which a case has
been raffled or assigned is transferred to another station, he
constitutional mandate that no decision shall be rendered
leaves behind all the cases he tried with the branch to which
by any court without expressing therein clearly and they belong. The judge who takes over his branch inherits all
distinctly the facts and the law on which it is based (Art. these cases and assumes full responsibility for them. He may
VIII, Section 14 of the 1987 Constitution). decide them as they are his cases (People v. Ocfemia, GR
No. 185383, September 25, 2013).
Consequence of non-compliance
XPN: Any of the parties may move that his case be decided
A decision that does not conform to the form and by the judge who substantially heard the evidence and
substance required by the Constitution and the law is void before whom the case was submitted for decision. This only
and deemed legally inexistent. applies if the judge who substantially heard the case or to
whom the case was submitted for a decision is transferred to
Dismissal due to fault of plaintiff a coordinate court and NOT when the judge is promoted to

a position in a court of higher rank (i.e: from RTC Presiding whereupon, judgment was entered against him
Judge to Justice of the CA). without proceeding to trial.
NOTE: The exception will not apply if the said judge has Judgment upon compromise v. Judgment by
died, retired or for any reason has left the service or has confession
become disabled, disqualified, or incapacitated to decide
the case. JUDGMENT UPON JUDGMENT BY
COMPROMISE CONFESSION
Kinds of judgments An affirmative and
The previous and terms
voluntary act of the
1. Judgment upon compromise or consent settled and agreed upon by
defendant himself. The
It is rendered by the court on the basis of a the parties to the action and
court exercises a certain
compromise agreement entered into between the which are entered in the
amount of supervision
parties. record with the consent of
over the entry of
the court.
judgment.
This is where the parties enter into a compromise It is one rendered by the
and submit the compromise agreement to the The parties bargain and
court when a party
court and ask the court to render judgment based agree on the terms and
expressly agrees to the
on the compromise. The judgment includes the conditions of their
other party’s claim or
compromise itself. As long as the compromise agreement. There is a
acknowledges the
agreement is not contrary to law, public morals, mutual or reciprocal
validity of the claim
among others, the judge will approve it. concession.
against him.
Compromise: contract whereby the parties, by Other kinds of judgments

making reciprocal concessions, avoid a litigation
or put an end to one already commenced. It is an 1. Judgment upon the merits
agreement between two or more persons, who,
for preventing or putting an end to a lawsuit. Amounts to a legal declaration of the respective rights
and duties of the parties based upon disclosed facts
NOTE: When such agreement is submitted to the
court for approval, the court cannot impose a NOTE: There can be a judgment on the merits even
without trial. A ruling based on a motion to dismiss,
judgment different from the terms of said
without any trial or formal presentation of evidence, can
agreement. still be a judgment on the merits.
2. Judgment by consent
The provisions and terms of which were agreed 2. Clarificatory judgment
upon by the parties, entered into the record, with
the consent of the court. It must be an unqualified One rendered to clarify an ambiguous judgment or one
agreement by the parties to be bound on the difficult to comply with. Hence, if the judgment is
judgment. difficult to execute due to ambiguity, the remedy is to
3. Judgment upon confession file a motion for clarificatory judgment and not to assail
the judgment as void.
It is an affirmative and voluntary act on the part of
the defendant where the court exercises NOTE: This only applies when what is involved is a
supervision in its entry. clerical error and not a correction of an erroneous
judgment.
Judgment upon confession
3. Judgment nunc pro tunc (now for then)
There are two kinds:
1. Judgment by cognovit actionem It is rendered to enter a judgment that was already
rendered but not yet entered. It’s function is to merely
record the act of a court at a former time. There was
The defendants after service, instead of entering already a prior judgment but was not included or
a plea, admitted that the plaintiff’s cause of action declared by the court. Here, no changes in substance
(COA) was just and rightful. or any material aspect can be made.
2. Judgment by confession relicta 4. Judgment sin perjuicio (without prejudice)

verificationem
This is a VOID judgment: a judgment without statement
of facts in support of its conclusion to be later
After pleading and before the trial, the defendant supplemented by a final judgment.
confessed the plaintiff’s COA and withdrew or
abandoned his plea or other allegations,
NOTE: Sin perjuicio judgment is NOT a final judgment. The corporation reasoned that a resort to Judgment
judgment, hence, the appellant must wait until a final by Confession is an acceptable alternative mode of arriving at a
judgment before perfecting his appeal. compromise agreement because of the impossibility of obtaining
a consent to a compromise. A judgment was rendered but said
5. Judgment by default (Rule 9, Sec. 3, RoC) judgment was void.
6. Judgment on the pleadings (Rule 34, RoC)
In this case, a compromise agreement is valid so long as the
7. Summary judgment (Rule 35, RoC) consideration is reasonable and the employees signed the same
voluntarily with the full understanding of what he has entered
8. Several judgments into.
One rendered by a court against one or more Here, it appears that the lead complainant did not inform the
defendants and not against all of them leaving the other employees. Therefore, a review of the subject
action to proceed against the others (Rule 36, Sec. Compromise Agreement shows a gross disparity between the
4, RoC). amount offered by the Corporation compared the amount the
judgment awarded. The employee won the case however, he
still compromised with a lower award.
9. Separate judgment
So the Supreme Court set aside the said Compromise
One rendered by a court disposing of a particular Agreement even if it is immediately executory because the said
claim, among several others, presented in a case Compromise Agreement is contrary to law, public morals,
after determination of the issues material to such etc. (Sara Lee Philippines v. Macatlang, GR No. 180147,
claim and all counterclaims arising out of transaction January 14, 2015).
or occurrence, which is the subject matter of said
claim (Rule 36, Sec. 5, RoC). Procedure after rendition of judgment and post-
judgment remedies:
10. Special judgment (Rule 39, Sec. 11, RoC)
11. Judgment for specific acts (Rule 39, Sec. 10, RoC)
12. Judgment on demurrer to evidence (Rule 33, RoC) Accepts
Court
renders decision If no appeal
13. Conditional judgment decision with is taken or
further did not
The effectivity of which depends upon the contest avail of
occurrence or non-occurrence of an event. Losing party remedies,
judgment
NOTE: Judgment of this kind which are conditioned becomes
upon contingency are held to be null and void. final and
File an executory.
14. Final and executory judgment appeal within
15. Amended judgment; and 15/30 days
16. Supplemental judgment from notice
of judgment
If granted, the
Amended or Clarified Judgment v. Supplemental court:
Decision 1.Modifies
decision; or
File a motion for 2.Grants new
SUPPLEMENTAL reconsideration trial
AMENDED / CLARIFIED
DECISION or motion for
It is an entirely new new trial within
It does not supersede 15/30 days from
decision and supersedes If denied,
the original decision notice of losing party
the original judgment
Serves to bolster or add judgment may appeal
to the original judgment within a fresh
The court makes a 15-day period
(Solidbank (Neypes v. CA)
thorough study of the
Corporation v. Court of Collateral Attack; not permitted
original judgment and
Appeals, GR No.
renders the amended
166581, December 7, GR: Judgments CANNOT be collaterally attacked
2015).
XPN: The only way judgment can be attacked collaterally
Illustrative case is when:
The corporation enters into a compromise agreement with some
of its employees which it designates as a confession of
1. The court which rendered the judgment is without NOTE: When the court states that “judgment has attained
jurisdiction (lack of jurisdiction); or finality,” it means that the judgment is final and executory.
2. There is irregularity in the entry. “The date of finality of the judgment or final order is the date
of its entry”
SECTION 2: ENTRY OF JUDGMENTS AND FINAL
Entry of judgment is not the mechanical act of entering the
ORDERS judgment in the book of entry but rather, it is a date determined
by operation of law when the judgment becomes final and
When judgment becomes final and executory executory.
Judgment becomes final and executory if no appeal or Before the 1997 amendment, it means the mechanical act of
motion for new trial or reconsideration is filed within the entering the finality of judgment in the book of entry. So in the
time provided under the Rules of Court. previous versions of the Rules, the date of entry is different from
the date of finality.
Effects of Finality of Judgment:
1. The prevailing party is entitled to execution as a The amendment of the old Rules of Court is important in Rule
38 – Petition for Relief from Judgment. The reglementary
matter of right; period to file a petition for Relief from Judgment is 60 days from
2. Immutability of judgment; and the time you learn of the judgment but not more than 6 months
3. Res judicata. from entry of judgment.
Q: A filed a case against MC for collection of 5 million.
Example: Louis filed a case against Evie. Louis and Evie
MC came to A and asked the latter to not file a case received the judgment both on June 1. They did not file an
against her and promised to pay. A believed MC so A filed appeal, nor an MR or MNT until June 16. So on June 17, the
a Notice to Dismiss the case. However, MC still did not decision became final and executory. Here, for purposes of Rule
38, the date of entry of judgment shall be deemed to be on June
pay. Is there something to execute from the case? 17 when the judgment became final and executory. Hence Louis
or Evie can file a petition for relief from judgment 60 days from
A: Nothing because the case was already dismissed. the time they learn of the judgment but not more than 6 months
What should have been done in the first place is a written from the entry of judgment, June 17, or not beyond December
17.
Compromise Agreement entered into by A and MC, and
A should have had it approved by the court so when MC NOTE: Entry of judgment or final order also assumes
reneged in her promise, A can now ask the court for a writ importance in reckoning the 5-year period for execution of
of execution to implement the said agreement. motion under Rule 39, Section 6 of the Rules of Court(.
Illustrative case
NOTE: It would be best for the Compromise Agreement
to be submitted to the Court asking the latter to render The entry of judgment is by operation of law. It will issue as a
judgment on the same. matter of course. Even assuming that the SC will reverse its
decision upon the 2nd Motion for Reconsideration, it only means
Final Judgments v. Final and Executory Judgments that the Entry of Judgment first issued may be lifted should the
second Motion for Reconsideration be granted. After the lapse
of the period of appeal or 15 days after the receipt of the order
FINAL AND
of the denial of an MR in which there is no more remaining mode
FINAL JUDGMENT EXECUTORY of appeal or 2nd MR available, such entry of judgment happens
JUDGMENT by operation of law.
A judgment attains finality
if neither of the parties The supplemental motion for reconsideration is technically
filed a notice of appeal a second MR which is generally not allowed, and if allowed,
This is judgment on the it is subject to the condition that it does not toll the finality of the
within the period of time
merits. There is nothing decision being assailed. The filing of the Supplemental Motion
and after the lapse of the
left to be done by the for Reconsideration did not prevent this court’s Resolution dated
period of appeal, then the
courts. July 13, 2009 from becoming final and executory (Club Filipino
said judgment will have Inc., v. Bautista, GR No. 168406, January 14, 2015).
become final and
executory. Importance of knowing that judgment has attained
A final judgment is not yet finality
executory except
Execution becomes a
judgments that are 1. For the purposes of execution – the judgment can
matter of right.
immediately final and
now be executed as a matter of right.
executory.

2. The court can no longer amend the judgment SECTION 3: JUDGMENT FOR OR AGAINST ONE OR
because the court already loses jurisdiction to MORE OF SEVERAL PARTIES
change it.
EXAMPLE: There are five (5) plaintiffs who filed a case for
damages. A was not proven to be in the bus when it crashed.
Execution of judgment by the original court So with respect to A, the complaint can be dismissed. As to B,
C, D, and E, judgment can be entered granting the complaint of
GR: The power to amend a judgment is inherent in the B, C, D, and E. Even though all five of them are plaintiffs, the
court before judgment becomes final and executory. After pieces of evidence that they will present are not the same. All
the judgment has become final and executory, it becomes these plaintiffs will have to present evidence with respect to their
immutable and unalterable, that is, it can no longer be respective claims.
modified.
SECTION 4: SEVERAL JUDGMENTS
XPNs:
Several judgments
1. The correction of clerical errors;
2. Nunc pro tunc entries which cause no prejudice This refers to an action against several defendants.
to any party; Several judgments are proper where the liability of each
3. Void judgments; party is clearly separable and distinct from his co-parties
4. Whenever circumstances transpire after the such that the claims against each of them could have been
finality of the decision rendering its execution the subject of separate suits, and the judgment for or against
unjust and inequitable (supervening event). one of them will not necessarily affect the other.
NOTE: Debtors under a joint obligation have distinct and

Illustrative case: separable interests. In a joint obligation, the credit or debts
is divided into as many equal shares as there are creditors
Substantial justice refers to the fact it punishment and debtors, the credits or debts being distinct from one
imposed was very unfair. The maximum penalty another (Article 1208, New Civil Code).
imposable under BP 22 should be 13,000 (the amount
double the value of the check which is 6,500) , but here SECTION 5: SEPARATE JUDGMENTS
the imposed fine was P80,000. 11 times more than the
correct penalty. Therefore, the Court herein relaxed the Separate judgments
applicability of the Doctrine of the Immutability of
Judgments (Sumbilla v. Matrix Finance Corp, GR No. This refers to several claims for relief in action.
197582, June 29, 2015).
It is one rendered by a court disposing of a particular
Doctrine of immutability of judgments or claim, among several others, presented in a case after
conclusiveness of judgments determination of the issues material to such claim and all
counterclaims arising out of the transaction or occurrence,
A judgment that has attained finality can no longer be which is the subject matter of said claim.
disturbed. It is settled that upon the finality of the
judgment, the issuance of which is a ministerial duty of the The action shall proceed as the remaining claims.
court.
Illustrative case
NOTE: The doctrine applies whether the modification is
attempted to be made by the court rendering it or by the While ideally, it would have been more prudent for the trial
highest court of the land. court to render a single decision with respect to Goroza and
PNB, the procedure adopted by the RTC is, nonetheless,
Entry of judgment in appellate courts and cases allowed under Section 4, Rule 36 of the Rules of Court. In
governed by small claims and summary procedure addition, Section 5 of the same rules states that “when more
the one claim for relief is presented in an action, the court (1)
Entry of judgment rendered by appellate courts is at any stage, (2) upon a determination of the issues material
governed by Rule 51, Section 10 and espouses the same to a particular claim and all counterclaims arising out of the
concept as Sec. 2 of this Rule. transaction or occurrence which is the subject matter of the
claim, may render a separate judgment disposing of such
Sec. 2 of this Rule shall apply suppletory to cases claim”
governed by Section 23 of the Rule of Procedure for Small
The propriety of a several judgment is borne by the fact that
Claims Cases as amended and cases governed by
SMC's cause of action against PNB stems from the latter's
Summary Procedure. alleged liability under the letters of credit which it issued. On
the other hand, SMC's cause of action against Goroza is the
latter's failure to pay his obligation to the former. As to the property relationship? It will still be Complete Separation
separate judgment, PNB has a counterclaim against SMC of Property. You will not go back to ACP since you have
which is yet to be resolved by the RTC (PNB vs. San agreed that notwithstanding the judgment on the validity
Miguel, G.R. No. 186063, January 15, 2014). of the marriage, the court has already approved your
compromise agreement. This is akin to a joint petition to
NOTE: RTC acted correctly because this is an example have the ACP dissolved and adopt a Complete
of several judgment. Several judgments are proper only Separation of Property Regime. Thus, even if the
when the claims are different against the defendants. You Petition for Declaration of Nullity of Marriage is
can have several judgments since the claim against denied, it will not affect the earlier [separate]
Defendant A is different from the claim against Defendant judgment.
B.
SECTION 6: JUDGMENT AGAINST ENTITY WITHOUT
Example of separate judgment
JURIDICAL PERSONALITY
Louis and Evie got married. Evie filed a Petition for
This involves actions filed against one or more persons without
Declaration of Nullity on the ground of psychological juridical personality.
incapacity. Aside from this, Evie wants the ACP
dissolved pursuant to Art. 146 of the Family Code. Evie How the action is filed
also wants primary custody over all the children. So
there are 4 issues in this case, to wit: They may be sued under the name by which they are generally
or commonly known (Rule 3, Sec. 15, RoC).
1. Validity of the Marriage
How the summons is served
2. Property Summons may be served on anyone of them or to the person in
charge of the place of business (Rule 14, Sec. 8, RoC).
3. Custody of Children
How the judgment is rendered against them
4. Child Support
The judgment shall set out their individual proper names, if
known (Rule 36, Sec. 6, RoC).
EXAMPLE: Louis filed an answer and they were referred
Remedies against judgments or final orders
for mediation if there are issues that can be settled
amicably such as the Property, Custody of Children and 1. Before finality of judgment or order:
Child Support. So if Louis and Evie have agreed on the a. Motion for Reconsideration (Rule 37, RoC)
Property, Support and Custody and came up with the b. Appeal (Rules 40-45 & 48-56b, RoC)
compromise agreement, this compromise agreement can c. New Trial (Rule 37, RoC)
be submitted to the court for its approval in a partial
judgment. Such approval of the court is a separate 2. After the finality of the judgment or final order:
judgment. So you now have a separate judgment as to a. Relief from judgment or final order
the Property, Custody and Child Support. You then b. Annulment of judgment
proceed to the remaining issue, that is, the validity of the c. Petition for Certiorari
marriage. So after submitting your evidence, the court will d. Collateral attack on judgment if the
render another judgment on that issue alone.
challenged judgment is void upon its face or
if the nullity thereof is apparent by virtue of its
The judgment shall terminate the action with respect to
own recitals
the Property, Support and Custody. The remaining claim
in the above example is the validity of the marriage.
Dismissal of judgments
“In case a separate judgment is rendered, the court by A dismissal order which reads: “For failure of the plaintiff to
order may stay its enforcement until the rendition of a prosecute, the case is hereby dismissed,” the same is an
subsequent judgment or judgments and may prescribe adjudication of the merits and thus should have stated the facts
such conditions as may be necessary to secure the which it is based pursuant to Section 1 of Rule 36 of the RoC.
benefit thereof to the party in whose favor the judgment Failure to comply therewith renders the order null and void.
is rendered.”
RULE 37: NEW TRIAL OR RECONSIDERATION
Following the abovementioned example, the agreed SECTION 1: GROUNDS OF AND PERIOD FOR FILING
compromise on the property is a Complete Separation of MOTION FOR NEW TRIAL AND RECONSIDERATION
Properties and this agreement has been compromised by
the court. However, the petition for Declaration of Nullity Motion for new trial
of Marriage was denied. What happens now to the
A new trial is a remedy that seeks to temper the severity 1. The evidence was discovered after trial;
of a judgment or prevent a failure of justice. The grant of 2. Such evidence could not have been discovered and
a new trial is generally addressed to the sound discretion produced at trial even with the exercise of reasonable
of the court which cannot be interfered with unless clear diligence;
abuse is shown (Riano, p. 563, 2019 ed.). 3. It is material, not merely cumulative, corroborative, or
impeaching; and
PROHIBITED ALLOWED 4. The evidence is of such weight that it would probably
If the case falls under the In environmental cases if change the judgment, if admitted.
1991 Revised Rule on the same is a highly The most important requisite in a newly discovered evidence is
Summary Procedure. meritorious case or to that the evidence could not have been discovered and
prevent a manifest produced at the trial even with reasonable diligence; hence,
If the case falls under the miscarriage of justice. the term "newly discovered" (Tadeja v. People, G.R. No.
Rule of Procedure in 145336. February 20, 2013).
Small Claims.
SECTION 2: CONTENTS OF MOTION FOR NEW
TRIAL OR RECONSIDERATION AND NOTICE
When to file?
THEREOF
A motion for new trial is filed within the period for taking
an appeal (Rule 37, Sec. 1, RoC). Form of a motion for new trial
If one party has already perfected his appeal, the clause The motion shall be made in writing stating the ground or
grounds therefor, a written notice of which shall be served by
“upon the expiration of the last day to appeal by any party”
the movant on the adverse party (Rule 37, Sec. 2, RoC).
obviously no longer applies to him, but only to the other
party whose period to appeal has not yet expired (Abe
Industries, Inc. v. CA, 162 SCRA 48 (1998)). As a rule, notices, pleadings, motions and papers should be
served on a party's counsel of record, at the latter's given
address.
Grounds for a motion for new trial
If there is a change in address-notify the court. It is
The aggrieved party may move the trial court to set aside incumbent upon the parties where the motion will be sent
the judgment or final order and grant a new trial on one or (PCIB v. Ortiz, 150 SCRA 380 (1987)).
more of the following causes materially affecting the
substantial rights of said party: Contents of a motion for new trial
1. Fraud, accident, mistake or excusable A motion for the cause mentioned in paragraph (a) of Sec. 1
negligence which ordinary prudence could not shall be supported by affidavits of merits which may be
have guarded against and by reason of which rebutted by affidavits.
such aggrieved party has probably been impaired
in his rights; or A motion for the cause mentioned in paragraph (b) shall be
2. Newly discovered evidence, which he could not, supported by affidavits of the witnesses by whom such
evidence is expected to be given, or by duly authenticated
with reasonable diligence, have discovered and documents which are proposed to be introduced in evidence
produced at the trial, and which if presented (Rule 37, Sec. 2, RoC).
would probably alter the result (Rule 37, Sec. 1,
RoC). Contents of motion for reconsideration
An affidavit of merit is required in a motion for new trial pursuant A motion for reconsideration shall point out a specifically the
to Section 2 of Rule 37 if the motion for new trial is based on any findings or conclusions of the judgment or final order which
of the causes mentioned in subdivision (a) of Section I of Rule are not supported by the evidence or which are contrary to
37, to wit, fraud, accident, mistake or excusable negligence. No law making express reference to the testimonial or
similar requirement is imposed for a motion for new trial or documentary evidence or to the provisions of law alleged to
motion for reconsideration under subdivision (c) of the same be contrary to such findings or conclusions (Sec. 2, Rule 37,
section (Mendoza v. Bautista, 121 SCRA 760 (1983)). Sec. 2, RoC).
Newly-discovered evidence; requisites Pro forma motion
Before a new trial may be granted on the ground of newly- Non-compliance with requirements under Sec. 2 would
discovered evidence, It must be shown that: reduce the motion to a mere pro forma motion, which shall

not toll the reglementary period of appeal (Par. 4, Sec. 2, A motion for new trial shall include all grounds then available.
Rule 37). Those not so included shall be deemed waived. However, when
a ground for a new trial was not existing or available when the
SECTION 3: ACTION UPON MOTION FOR NEW first motion was made, a second motion for new trial may be filed
TRIAL OR RECONSIDERATION within the period allowed but excluding the time during which the
first motion had been pending (Rule 37, Sec. 5, RoC).
Action upon Motion for New Trial or Reconsideration NOTE: A party may file a second motion for new trial if:
The trial court may: 1. The ground is newly discovered evidence that was not
available despite diligent search when the first motion
1. Set aside the judgment or final order and grant a for new trial was filed; and
new trial, upon such terms as may be just; 2. This newly discovered evidence will probably alter the
2. Deny the motion; or decision of the court.
3. Amend such judgment or final order accordingly,
if it finds that excessive damages have been SECTION 6: EFFECT OF GRANTING OF MOTION
awarded or if the judgment or final order is FOR NEW TRIAL
contrary to the evidence or law (Sec. 3, Rule 37,
RoC). If the court grants the motion for new trial, the original
SECTION 4: RESOLUTION OF MOTION judgment or final order shall be vacated, and the action shall
stand for trial de novo. The recorded evidence taken upon
the former trial shall be used at the new trial without retaking
Resolution of motion the same if the evidence is material and competent (Rule 37,
Sec. 6, RoC).
A motion for new trial or reconsideration shall be resolved
within thirty (30) days from the time it is submitted for Q: A filed a motion for new trial which was grounded on newly
resolution (Rule 37, Sec. 4, RoC). discovered evidence. Will the evidence already adduced
remain?
Denial of the motion; “fresh period” rule
A: YES. The evidence was already admitted. A will just
If the motion for new trial is denied, the movant has a present additional evidence.
“fresh period” of 15 days from the receipt or notice of the
order denying or dismissing the motion for new trial within Q: In a motion for new trial, can the court recall to the witness
which to file a notice of appeal for the same reasons and stand other witnesses who were already presented?
grounds as the “Fresh Period” Rule governing a denial of
a motion for reconsideration (Neypes v. Court of A: YES. If motion for new trial is granted there will be new
Appeals, G.R. No. 141524, September 14, 2005). hearing and presentation of evidence.
SECTION 5: SECOND MOTION FOR NEW TRIAL NOTE: If MR is granted, no new hearing is required. The
nature of the grounds for MR does not require the
presentation of additional evidence.
The “single motion” rule
SECTION 7: PARTIAL NEW TRIAL OR
No party shall be allowed a second motion for RECONSIDERATION
reconsideration of a judgment or final order (Rule 37,
Sec. 5, RoC). If the court finds that a motion affects the issues of the case
as to only a part, or less than all of the matters in controversy,
As a general rule, a party shall not be allowed to file a or only one, or less than all, of the parties to it, the court may
second motion for reconsideration of a judgment or final grant a new trial or grant reconsideration as to such issues if
order. A second motion is prohibited and can only be severable without interfering with the judgment or final order
allowed on extraordinary persuasive reasons and only upon the rest (Rule 37, Sec. 7, RoC).
after an express leave shall have first been obtained
(Riano, p. 561, 2019 ed.). SECTION 8: EFFECT OF ORDER FOR PARTIAL NEW
TRIAL
NOTE: Filing of a second motion for reconsideration is a
violation of the omnibus motion rule. When there is an order for a partial new trial, i.e., less than
all of the issues are ordered retried, the court may either
Second motion for new trial enter a judgment or final order as to the rest, or stay the

enforcement of such judgment or final order until after the Grounds for a petition for relief
new trial (Rule 37, Sec. 8, RoC).
1. When a judgment or final order is entered, or any
SECTION 9: REMEDY AGAINST ORDER DENYING A other proceeding is thereafter taken against the
MOTION FOR NEW TRIAL OR RECONSIDERATION petitioner in any court through fraud, accident,
mistake, excusable negligence or;
An order denying a motion for new trial or reconsideration
is not appealed, the remedy being an appeal from the 2. When the petitioner has been prevented from
judgment or final order (Rule 37, Sec. 8, RoC). taking an appeal by fraud, accident, mistake,
excusable negligence
Order of denial, not appealable
Extrinsic fraud
The “Fresh Period” Rule does not refer to the period within
which to appeal from the order denying the motion for The fraud that is a ground for the filing of a petition for relief
is “extrinsic fraud”. It is defined as fraud which the prevailing
reconsideration, but to the period within which to appeal
party caused to prevent the losing party from being heard on
from the judgment itself because an order denying a
his action or defense. Such fraud concerns not the judgment
motion for reconsideration is not appealable (Riano, pp. itself but the manner in which it was obtained.
560-561, 2019 ed.).
NOTE: Extrinsic fraud also justifies motion for new trial, a
Remedy when motion is denied motion to set aside an order of default and an action for
annulment of judgment.
An order denying a motion for new trial is no longer
assailable by certiorari under Rule 65 because of the Parties who can avail
amendment to Rule 41 by A.M. No. 07-7-12-SC.
Petition for relief from judgment is available only to parties in
The remedy available, therefore, would be that prescribed the proceeding where the assailed judgment is rendered.
under Sec. 9 of Rule 37, i.e., to appeal from the judgment
A person, who was never a party to the case or even
or final order (Riano, p. 567, 2019 ed.).
summoned to appear therein, cannot avail of a petition for
relief from judgment.
RULE 38: RELIEF FROM JUDGMENTS, ORDERS OR
OTHER PROCEEDINGS When to file
Petition for relief from judgment It shall be filed within 60 days after the petitioner learns of
the judgment, final order or proceeding and not more than 6
months after the judgment or final order was entered.
Petition for relief from judgment is a remedy provided by
law to any person against whom decision or order is
Both periods are not extendible and never interrupted.
entered through fraud, accident, mistake, or excusable
negligence. This remedy is equitable in character,
NOTE: A petition for relief from judgment is not an available
allowed only in exceptional cases where there is no other
remedy in the Court of Appeals and Supreme Court.
available or adequate remedy provided by law or by the
rules.
A petition for relief from judgment in forcible entry and
unlawful detainer cases is a prohibited pleading. The reason
Relief from judgment under Rule 38 is a legal remedy for this is to achieve an expeditious and inexpensive
whereby a party seeks to set aside a judgment rendered determination of the cases subject of summary procedure
against him by a court whenever he was unjustly deprived (Afdal v. Carlos, G.R. No. 173379, December 1, 2010).
of a hearing or was prevented from taking an appeal, in
either case, because of fraud, accident, mistake or Form of the petition
excusable neglect (Quelman v. VHF, G.R. No. 138500,
September 16, 2005). The petition must be:
NOTE: When a party has another remedy available to 1. Verified;
him, either Motion for Reconsideration or Motion for New 2. Accompanied with affidavits;
Trial or appeal from adverse decision, and he has not a. Such affidavits show fraud, accident,
prevented by fraud, accident, mistake, or excusable mistake or excusable negligence
negligence from filing such motion or appeal, he cannot 3. Show facts constituting petitioner’s good and
avail himself of a petition for relief. If you are still in the substantial cause of action or defense.
period of appeal, file MR or MNT!
In order for a petition for relief filed under Rule 38 to be avail of his post- judgment remedies. Assuming that
entertained by the court, the petitioner must satisfactorily Jopay did not avail of his post- judgment remedies within
show that he has faithfully and strictly complied with the the 15- day period, the judgment has become final to both
provisions of said Rule 38 (Arcilla v Arcilla, G.R. No. L- parties and the Court by June 21.
46674, September 16, 1985).
If both parties did not file any post- judgment remedy, and
Q: Will the filing of petition for relief from judgment hinder the period lapsed, then the judgment has attained finality
the court from issuing a writ of execution? and as a general rule, no court can change its decision
because the decision has become immutable- final and
A: NO. Remember that a petition for relief is a remedy executory. Since the judgment has become final and
available after the judgment or final order has become executory, the writ of execution will be issued as a matter
final and executory. Hence, the judgment could be subject of right.
of a writ of execution. The petitioner may avail preliminary
injunction to preserve the rights of the parties upon the Second and third paragraph of Section 1
filing of a bond in favor of the adverse party.
Q: Jackie received her decision on June 1. Hyde received his
When the loss of the remedy is due to his own on June 5. Jackie won and she did not avail of any post-
negligence; Rule 38 will not be granted judgment remedies. Hyde filed a notice of appeal. The RTC
approved Hyde’s appeal and because of that, the Clerk of Court
will sort out- compile the documents of the case and bring it over
The relief afforded by Rule 38 will not be granted to a party to the CA. Once the documents are in custody of the CA, it is
who seeks to be relieved from the effects of the judgment the CA who has jurisdiction over the case. Here, the CA ruled in
when the loss of the remedy of law was due to his own favor of Jackie. According to Hyde, he will no longer bring the
negligence, or mistaken mode of procedure for that case to the SC. When can Jackie file for the issuance of a writ
matter; otherwise the petition for relief will be tantamount of execution? Where can she file for such motion?
to reviving the right of appeal which has already been lost,
either because of inexcusable negligence or due to a A: Jackie can only file it with the RTC (2nd paragraph of Section
mistake of procedure by counsel. In exceptional cases, 1) if she attaches to the motion for execution:
when the mistake of counsel is so palpable that it amounts
1. The judgment on appeal- a certified
to gross negligence, this Court affords a party a second
true copy of the judgment of the CA.
opportunity to vindicate his right. But this opportunity is 2. Entry of that judgment.
unavailing in the instant case, especially since petitioner
Jackie has to go to the CA, get a copy of the judgment and the
has squandered the various opportunities available to him entry of judgment that was entered by the Clerk of Court of the
at the different stages of this case (Purcon v. MRM division of the CA, and she should attach it with the motion for
Philippines, G.R. No. 182718, September 26, 2008). execution that she will file in Court.
RULE 39: EXECUTION, SATISFACTION AND EFFECT Purpose of attaching the copy of judgment and the entry of
OF JUDGMENTS judgment: Since the records of the case are no longer with the
RTC, copy of judgment and the entry of judgment will serve as
SECTION 1. EXECUTION UPON JUDGMENTS OR basis for the RTC in providing a judgment on the motion for
FINAL ORDERS. execution.
Execution shall issue as a matter of right, on motion, upon A: In the same situation, Jackie can file the motion for execution
a judgment or order that disposes of the action or on the appellate (3rd paragraph of Section 1) court. Jackie can
proceeding upon the expiration of the period to appeal file the motion for execution in the CA so the court can approve
therefrom if no appeal has been duly perfected. the motion BUT will direct the lower court to issue the writ of
execution.
Execution as a matter of right
NOTE: If there is a Notice of Appeal and the RTC is acting as a
court of original jurisdiction, the case will fall automatically under
The only way you can execute a judgment by way of the CA and its assigned errors should be both questions of fact
a matter of right is if the judgment is already final AND and law. If the RTC is acting as a court of original jurisdiction,
executory. after being elevated to the CA and the only issue is in regard
with legal issues, the case should fall under the SC under Rule
EXAMPLE: Gian and Jopay are parties to a case. Gian 45 and not with the CA.
received the judgment on June 1 while Jopay received it
on June 5. Gian has a period of 15 days (or until June 16) Writ of execution
to avail of post- judgment remedies. By June 17 and
assuming that no action has been done by Gian, the A writ of execution is a document issued by the court to
judgment becomes final as to him. On the other hand, an officer (sheriff) authorizing the officer to execute the
Jopay received it on June 5 so he has until June 20 to
judgment of the court. What will be executed is the Execution of several, separate or partial judgments
dispositive portion- or the “WHEREFORE” part of a case.
A several, separate or partial judgment may be executed
If there is a discrepancy between the body and the under the same terms and conditions as execution of a
dispositive portion, the dispositive portion shall prevail judgment or a final order pending appeal.
and be executed.
NOTE: Execution pending appeal under Section 2 or
NOTE: A writ of execution cannot vary because a writ of discretionary execution does not apply when the judgment
execution that varies the judgment is patent nullity. you want to execute is a CA judgment. Execution pending
appeal applies only in the judgment of the trial court and
SECTION 2. DISCRETIONARY EXECUTION. not against the CA decision (Heirs of the Late Justice
Reyes v. CA, G.R. Nos. 135180-181, August 16, 2000).
Generally, when the judgment has already attained
SECTION 3. STAY OF DISCRETIONARY EXECUTION.
finality, it cannot be amended except its clerical errors or
ambiguity.
Q: Thor won and Loki lost. Loki filed a notice of appeal.
Thor filed for execution pending appeal which was
Q: Is a motion for issuance of a writ of execution a litigious granted. What is the remedy of Loki?
or a non- litigious motion? (Refer to Rule 15)
A: Loki can post a supersedeas (to supersede) bond. The
A: It is a litigious motion. Hence, there will be no hearing
condition of such bond is the performance of the judgment
for such motion. However, even if it is a non- litigious
or order allowed to be executed in case the bond shall
motion, and the execution has already been executed,
finally be sustained in whole or in part. Kung matalo
you can still file your position when it comes to
talaga, you can go after this bond.
discretionary execution under Section 2.
NOTE: The bond thus given may be proceeded against
Execution of judgment or a final order pending appeal
on motion with notice to the surety. Further, Section 3 only
applies to Section 2 or Discretionary Execution.
EXAMPLE: Gretchen won and Robi lost. Gretchen
received the judgment on June 1 so her last day to avail SECTION 4. JUDGMENTS NOT STAYED BY APPEAL.
of a post- judgment remedy is on June 16. Robi received
the judgment on June 5 so he has until June 20 to avail of Injunction, receivership, accounting and support (IRAS)
his remedies. Robi filed a notice of appeal on June 7.
Here, even if Robi filed an appeal, Gretchen can do A winning judgment on injunction, receivership, accounting
anything within her reglementary period. Meaning, her and support, even if not yet final and executory or even if no
notice of appeal will not bar Robi from seeking post- appeal was made, can file for a motion for execution – and
judgment reliefs. such motion will subsequently be executed. In other words,
the appeal of the case will not stay its execution.
Robi filed an appeal on June 7. Here, the court still has
jurisdiction over the case because even if he has already GR: When a party elevates by appeal (RTC- CA) the
taken an appeal, Gretchen has a period until June 16 to decision, he cannot execute such because the decision is
do what whatever she wants with the judgment and not yet final and executory. The appeal stays the execution
because the records are still with the court and has not and the only way he can execute it is through discretionary
been elevated yet to the CA, Gretchen can file a motion execution.
for execution pending appeal.
XPNs: I-R-A-S
If it is a motion for execution pending appeal, it is
incumbent upon the movant to file it: 1. Injunction
2. Receivership
1. When the court still has jurisdiction 3. Accounting
2. The records are still in possession of the court 4. Support
3. It is incumbent upon the movant to show good cause If it is a case of IRAS, even if a party appeals the decision to
on why the court should grant a discretionary the CA, the winning party can move for the execution
execution. pending appeal and such motion will be granted. In this case,
Q: What is an example of good cause? there is no need to prove good cause since Section 4 of Rule
39 provides for judgments not stayed by appeal.
A: Recovery of perishable items can be considered a good
cause since there is an immediate necessity to act on the If the judgment obligor does not want the decision to be
executed, he shall post a bond or he may go to the appellate
case to prevent the items from spoilage. An appeal in this
instance would be impractical. court and ask the appellate court to make an order
suspending its execution- restoring the IRAS. The staying of A: He can file a separate case, which is an independent
the execution shall be made upon the posting of the bond. action called petition for revival of judgment. Such petition
The judgment obligor will have to post a bond to serve as a for revival of judgment should be filed within 5 years after the
proper security for the protection of the rights of the adverse lapse of the period and before it is barred by prescription,
party. which is ten (10) years from the date the judgment became
final.
SECTION 5. EFFECT OF REVERSAL OF EXECUTED
JUDGMENT NOTE: The five (5) and ten (10) year period is computed
from the date of the entry of judgment.
This applies in a case wherein the judgment involved
IRAS and such judgment was executed even if it was A revival of judgment does not require a relitigation of the
pending appeal. However on appeal, the judgment on case. The judgment obligee only needs prove that he has a
IRAS was reversed. final and executory judgment and that judgment was not
executed during that 5-year period by way of motion.
EXAMPLE: Jess won against Dean so Jess filed an
Jurisdiction over action for revival of judgment
execution pending appeal where the court has still
jurisdiction and the records are still with it. Meanwhile,
The RTC has jurisdiction over an action for revival of
Dean filed for an appeal. The execution pending appeal judgment because it is an action incapable of pecuniary
was granted because Jess was able to show good cause. estimation.
The properties now of Dean were executed and were sold
to public auction. The proceeds were given to Jess. SECTION 7: EXECUTION IN CASE OF DEATH OF A
However, the CA reversed the decision and ruled in favor PARTY
of Dean. When the reversal now becomes final and
executory, the trial court, upon motion of Dean can issue Q: If the plaintiff filed a case against the defendant and either of
a motion for restitution. Jess can be compelled to return them subsequently died. Does that mean that the case will be
whatever amount he got from Dean. dismissed?
NOTE: The execution by way of motion is for a period of A: NO. The case will only be dismissed if the case is purely
5 years and another 5 years by another independent personal in nature, such as a petition for legal separation.
action.
Money claims
SECTION 6. EXECUTION BY MOTION OR BY Under Section 20 of Rule 3, if the action is about a money claim
INDEPENDENT ACTION (expressed or implied) the death will not cause the dismissal of
the case, but it will proceed until entry of judgment. You cannot
A final and executory judgment or order may be executed execute it. Once there is entry of judgment, the case shall be
on motion within 5 years from the date of its entry. brought to the appropriate probate court. There is no need to
relitigate the case since there is already a final judgment.
Date of entry: the date when the decision became final
and executory. It is not the date when the judgment was Substitution of parties
entered in the book of entries.
In case of the death of a party, execution may be enforced in the
following manner:
During the 5 year period, the judgment obligee has to file
the motion within that 5- year period and he has to 1. In case of the death of the judgment obligee and
execute the judgment within that 5-year period. assuming the action survives death, and a writ of
execution has been issued:
Q: If the judgment obligee filed the motion for execution a. It can be enforced upon the application of his
within the five (5) year period, can the judgment be executor or administrator, or successor in
executed after the lapse of such period? interest.
A: No. Even if he filed the motion for execution within the 2. In case of the death of the judgment obligor:
5-year period, it cannot be executed after such because a. Before levy
the court no longer has jurisdiction to execute and i. Judgment will issue against his
implement the writ of execution.
executor or administrator or
successor in interest, if the judgment
Revival of judgment
is for the recovery of real or personal
property, or the enforcement of a lien
Q: What is the judgment obligee’s remedy for failure to
thereon.
execute within the five (5) year period (provided that he
filed the motion within such period)?

ii. Judgment will not issue if the action Execution dependent on judgment
is for the recovery of a sum of
money. If the judgment is about:
b. After levy
1. Money, governed by Section 9 (Execution for
i. Execution sale can proceed.
Judgments for Money)
2. Specific act such as conveyance, delivery of deed
NOTE: After a valid levy, the property is
already separated from the estate of the or specific acts vesting title, or unlawful detainer, the
deceased and is deemed in custodia execution is governed by Section 10 of Rule 39
legis. (Execution of Judgments for Specific Act).
3. All others not covered by Section 9 and Section 10
Q: Adam filed a case against Blake for P10M. During the will be governed by Section 11 (Execution of Special
trial and judgment, Blake was still alive. Adam filed a Judgments).
motion for execution of judgment, which was granted. The
sheriff went to Blake and all his properties were levied NOTE: Under Section 8, it is clear that the writ of execution
upon. Subsequently, Blake died. Will the execution of must specifically state the amount of interest costs,
judgment proceed? damages, rents, or profits due as of the date of the issuance
of the writ, aside from the principal obligation under the
A: YES. Because the properties were already levied- judgment. However, the one going to compute such will be
apportioned. the judgment obligor.
Q: Using the same example, however, this time the SECTION 9: EXECUTION FOR JUDGMENTS FOR
properties were not levied before the death of Blake. Can MONEY, HOW ENFORCED
Adam proceed with placing Blake’s properties on levy?
How execution for judgments for money is enforced
A: NO. Adam’s remedy is to move the case to the estate-
intestate court. If award is for payment of money:
1. Immediate payment on demand;
SECTION 8: ISSUANCE, FORM AND CONTENTS OF 2. Satisfaction by levy;
A WRIT OF EXECUTION 3. Garnishment of debts and credits.
Contents of writ of execution How to effect immediate payment on demand and

satisfaction by levy
The writ of execution shall issue in the name of the
Republic of the Philippines from the court which granted Q: There is an execution of a money judgment, in an action
the motion and shall state: for collection for a sum of money, worth P10M. A writ of
execution was enforced against Alpha. The sheriff will
1. Name of the court which granted the motion; proceed to Alpha’s residence and inform him of the
execution. If Alpha pays the 10M, the sheriff shall deposit
2. Case number; such money to the clerk of court. The clerk of court will now
3. Title; turn over the money to the judgment obligee. The excess if
4. Dispositive portion of the judgment or order any, will be returned back to the judgment obligor. What if
subject of the execution; and it shall Alpha is not capable of paying the 10M pesos?
5. Require the sheriff or other proper officer to whom
A: The sheriff should just execute on Alpha’s personal
it is directed to enforce the writ according to its
property that are not exempt from execution. Here, Alpha
terms. may identify which among his personal properties he
NOTE: The writ of execution cannot modify or change the intend to reserve from execution. However, if the
dispositive portion. It has to be consistent, otherwise, the remaining properties are still insufficient to cover the
writ of execution is void. liability, all of Alpha’s personal property will be subject to
execution.
Q: Ariel filed a motion for the issuance of a writ of
execution. The court now issues an order granting the The sheriff now will take the personal properties to the
issuance of the writ of execution. Is the order granting the court.
writ of execution the writ itself?
The court will conduct a public auction. However, while
A: NO. It will be the writ of execution addressed to the the public auction has not been executed, Alpha may
sheriff, directing him to execute the judgment. Execution replace the properties subject for auction or he may pay
will depend on the judgment. the amount required in order to reacquire his personal
properties.
him of the writ of garnishment (Perla Compania v.
If the personal properties are still insufficient, the sheriff Ramolete, 203 SCRA 487 (1991)).
will resort to Alpha’s real properties. But again, the sheriff
shall ask the judgment obligor, Alpha, to identify which SECTION 10: EXECUTION OF JUDGMENTS FOR
real property he intends to reserve from execution. The SPECIFIC ACT
judgment obligor has the right to choose which among his
properties may be subject of execution. Conveyance, delivery of deeds, or other specific acts;
vesting title
Once there is a notice of levy annotated to the properties,
such properties will now be the subject of auction. When the party refuses to comply, the court can appoint
some other person to do the act at the expense of the
Garnishment v. Levy disobedient party, and the act done shall have the same
effect as if the required party performed it.
GARNISHMENT LEVY
The court, by an order, may also divest title of any party in
DESCRIPTION real or personal property situated in the Philippines and vest
A court order directing Directed upon real property, it in others, which shall have the same effect of a conveyance
that money be seized to which is then segregated in due form of law.
satisfy a debt owed by a from the mass of properties
debtor to a plaintiff owned by the judgment EXAMPLE: Alan sold a property to Lito. Alan received the
creditor. obligor. payment but does not want to execute the deed of absolute
PURPOSE sale for the transaction to materialize. Assuming that the
The amount a debtor is The purpose of segregating case is for reconveyance of property, Alan, upon receipt of
supposed to give to the is that those which are judgment, should execute the deed of reconveyance or the
judgment obligor is given subject to levy will now be deed of absolute sale. If there is continuous refusal on the
to the court. sold in public auction. part of Alan to comply, Lito can go to the court and ask the
court to execute it.
Procedure for garnishment
Sale of real or personal property
1. Sheriff will serve a notice upon the person owing
If the judgment be for the sale of real or personal property, to
such debts (garnishee) or having in his sell such property, describing it, and apply the proceeds in
possession or control such credits; conformity with the judgment (Rule 39, Section 10, RoC).
2. Garnishee shall make a written report to the court
within 5 days from service of the notice, stating Delivery or restitution of real property
whether or not the judgment obligor has sufficient
The officer shall demand from the judgment obligor and all
funds or credits; persons claiming rights under him to vacate peaceably within
3. Garnished amount shall be delivered directly to 3 working days, and restore possession of the property to the
the judgment obligee within 10 days from service judgment obligee.
of notice.
If the party refuses to vacate the property, the remedy is not
to file a petition to cite the lessee in direct contempt because
NOTE: Normally, writ of garnishments are served on the writ of execution is directed or addressed to the sheriff.
banks. The banks are supposed to report it to the court The remedy is to coordinate with each other and make sure
and deliver the amount to the court within the period of 5 that the Sheriff will be able to get the assistance of
days. appropriate peace officers and employ such means as may
be reasonably necessary to retake possession (Moslem v.
Writ of garnishment does not violate the bank secrecy law Soriano, 124 SCRA 195 (1995)).
simply because this is part of the execution land process.
The purpose is not to determine whether there is an Q: Niki is a lessee in an unlawful detainer case. Joji, the
account in that bank belonging to the judgment obligor but sheriff is now tasked to evict Niki. The sheriff shall demand
rather making sure the judgment debt be satisfied (PCIB of the person against whom the judgment for the delivery or
v. CA, 193 SCRA 453). restitution of real property is rendered and all persons
claiming rights under him to peaceably vacate the property
In order that the trial court may validly acquire jurisdiction within three (3) working days, and restore possession thereof
to bind the person of the garnishee, it is not necessary to the judgment obligee. What if after 3 days, Joji came
that summons be served upon him. The garnishee need back and Niki still refused to vacate the property?
not be impleaded as a party to the case. All that is
necessary for the trial court to lawfully bind the person of A: The officer shall evict the person with the assistance,
the garnishee or any person who has in his possession if necessary, of the appropriate peace officers and
credits belonging to the judgment obligor is service upon employing such means as reasonably and necessary to
retake the possession and place the judgment obligee in
possession of the property. NOTE: Section 11 applies only to cases not covered by
Section 9 and Section 10.
Removal of improvements on property subject of
execution SECTION 12: EFFECT OF LEVY ON EXECUTION AS
TO THIRD PERSONS
There must be a special order by the court (Writ of
Demolition) issued: The levy on execution shall create a lien in favor of the
1. Upon motion of the judgment obligee; judgment obligee over the right, title, and interest of the
2. After due hearing; and judgment obligor in such property at the time of the levy,
3. After the judgment obligor has failed to remove subject to liens and encumbrances then existing.
the improvements within a reasonable time fixed
EXAMPLE: There is a judgment, and although it has not
by the court. attained finality, the court allowed discretionary execution.
The sheriff is required to serve the writ of execution on a
Q: Peter, knowing that the property belongs to John, judgment obligor to compel such to pay judgment obligee
constructed a bahay kubo. John sued Peter, with the an amount of money.
former winning the case. John now wants to construct a
mansion over his property. Can he order the demolition of However, if the judgment obligor does not have the
Peter’s bahay kubo? money and personal properties to comply, the sheriff now
will look into the judgment obligor’s real properties.
A: NO. The judgment obligee, if he wants to demolish the
improvement introduced by the judgment obligor, must file Judgment obligor owns a real property in Baguio. The writ
a motion in court to allow the sheriff to destroy the of execution will be brought to the Register of Deeds of
improvements introduced by the judgment obligor. There Baguio and the notice of levy will be annotated to the title
must be an order of demolition, which means that there of that property. Once annotated, the notice of
must be a motion filed and it must be granted. That is the requirement and publication shall have to be complied
only time the sheriff can demolish such property. with first before the property can be auctioned off.
Delivery of personal property During the auction sale, judgment obligee bought the
property. The rights that judgment obligee will acquire are
Q: In an unlawful detainer case, the judgment rendered the same rights that the judgment obligor has on that
requires Barney to be evicted and for him to pay P1M by property as of the time of the levy.
way of arrears. How will the money judgment be
executed? Subject to existing rights and encumbrances
A: Execute the judgment as provided for in Section 9 of If after levy but before annotation of such, the property was
Rule 39 (money, personal property, and real property). mortgaged by the judgment obligee and the real estate
This is an unlawful detainer case where the recovery of mortgage was already annotated, judgment obligee has an
possession is executed pursuant to Section 10 and the inferior lien because the real estate mortgage was annotated
money judgment is executed in compliance with Section first.
9.
NOTE: The right cannot be more than what the judgment obligor
has.
SECTION 11: EXECUTION OF SPECIAL JUDGMENTS
SECTION 13: PROPERTY EXEMPT FROM
Special judgment EXECUTION
One which requires the performance of any act, other Raised at earliest opportunity
than the payment of money or the sale or delivery of real
or personal property, which a party must personally do If a property is exempt from execution, such fact must be raised
because his personal qualifications and circumstances at the earliest opportunity, which is when the property has
have been taken into consideration (Caluag v. Pecson, already been levied upon or taken away from execution. It
GR No. L-1403, October 29, 1948). cannot be undone if the property has already been sold.
EXAMPLE: In a petition for recognition of illegitimate SECTION 14: RETURN OF WRIT OF EXECUTION
filiation, Tom is the father of Jerry. Despite judgment in
favor of Jerry, Tom consistently fails to provide for The writ of execution shall be returnable to the court
support. In this case, if Jerry fails to recognize the issuing it immediately after the judgment has been
illegitimate child when he is already judicially required to satisfied in part or in full.
do so, the court can hold him in contempt.
If the judgment cannot be satisfied in full within 30 days
after his receipt of the writ, the officer shall report to the NOTE: In all cases, written notice of the sale shall
court and state the reason therefor. Such writ shall be given to the judgment obligor, at least three (3)
continue in effect during the period within which the days before the sale, except in case of perishable
judgment may be enforced by motion. property.
The officer shall make a report to the court every 30 days Purpose of publication and notice
on the proceedings taken thereon until the judgment is
Q: Why is publication needed?
satisfied in full, or its effectivity expires. The returns or
periodic reports shall set forth the whole of the A: To ensure participation of a lot of people in the auction so the
proceedings taken, and shall be filed with the court and property will fetch a higher price.
copies thereof promptly furnished the parties.
Q: Why is judgment obligor given notice?
SECTION 15: NOTICE OF SALE OF PROPERTY ON
EXECUTION A: Notice is an indispensable requirement. In all instances
notice is given to the judgment obligor and its purpose is to give
the losing party time to satisfy the judgment debt prior to the sale
Notice required
of the property.
Written notice must be given to the judgment obligor Noncompliance with notice
before the actual sale of the property. The judgment
obligor will still be protected by the law; even if the Q: What will happen if there is no notice?
property has been levied upon, there must still be a
publication indicating when, where, and what time will the A: Auction is void. Judgment obligor can ask the court to stop
public auction be conducted. the auction sale. If auction proceeded without the notice and
there is already payment, judgment obligor can file an action in
Before the sale of property on execution, notice must be court to have it annulled.
given as follows, in case of:
SECTION 16: PROCEEDINGS WHERE PROPERTY
1. Perishable property CLAIMED BY THIRD PERSON
a. Posting written notice of time and place It is only the property of the judgment-obligor that should be
of the sale in three (3) public places, auctioned, be levied upon, or be garnished, in order to satisfy
preferably in conspicuous areas of the the judgment debt. The properties of a third person, a
municipal/city hall, post office and public stranger to the suit, cannot be used in order to pay the
market where the sale is to take place. judgment obligor’s liability.
Remedies of a third-party claimant

NOTE: No period for notice; for such time
as may be reasonable. Considering the 1. Third-party affidavit (terceria)
character and condition of the property 2. Posting bond
(Rule 39, Section 15(a), RoC). Notice 3. Filing separate action
shall be given at any time before the sale.
NOTE: Remedies are cumulative and may be resorted to by
2. Other personal property the third-party claimant independently of or separately from
a. Posting a similar notice in three (3) public the others (Sps. Sy v. Discaya, GR No. 86301, January 23,
places for not less than five (5) days. 1990).
3. Real property Third-party affidavit (terceria)

a. Posting for twenty (20) days in three (3)
Prepare a third-party affidavit stating the basis of claim or
public areas a similar notice particularly right of title and serve the same upon the officer making the
describing the property and where to be levy. The claim of the third-party must be substantiated by
sold. attaching documents as proof of right of ownership and
possession to show the sheriff that the property is not owned
4. If assessed value of real property exceeds by the judgment obligor.
P50,000
Posting a bond
a. Publishing a copy of the notice once a
week for two (2) consecutive weeks in The sheriff is not bound to keep the property, unless the
one newspaper, selected by raffle, having judgment obligee, on demand of the officer, will post a bond,
general circulation. approved by the court, to indemnify the third party or the
stranger, in the event, the third party will be able to prove that nature and the property that levied upon to satisfy the
property is his, and he suffered damages. was levied upon is conjugal, debt is conjugal, the other
the other spouse is spouse’s remedy to file an
The third-party claimant can go after the bond within a considered a stranger, and opposition or a motion in
period of one hundred twenty (120) days from the date of he/she has the right to the same case because
filing of the bond. No claim for damages for taking or institute a separate action he/she is not considered a
keeping of the property may be enforced against the bond in order to protect his or her stranger.
unless the action is filed within the 120-day period. interest in the said conjugal
property because he/she is
If the sheriff proceeded with the levy without the bond considered a stranger to the
being posted by the judgment obligee, then the sheriff case.
shall be personally liable.
SECTION 17: PENALTY FOR SELLING WITHOUT
Separate action NOTICE, OR REMOVING OR DEFACING
Nothing herein contained shall prevent such claimant or Persons liable

any third person from vindicating his claim to the property
in a separate action, or prevent the judgment obligee from The following are liable for actual and punitive damages:
claiming damages in the same or a separate action
against a third-party claimant who filed a frivolous or 1. An officer selling without notice prescribed by Section
plainly spurious claim. 15; and
2. A person willfully removing or defacing the notice
Q: Erlinda was convicted of slander. A motion for posted, if done before the sale, or before the
execution was filed to execute the her civil liability. The satisfaction of judgment if satisfied before the sale
property levied upon was the conjugal property of Erlinda
and her husband. The husband filed a separate action to NOTE: In either case, they are liable to pay punitive damages in
stop execution. Was it the correct remedy? the amount of P5,000 to any person injured, in addition to actual
damages.
A: YES. Conjugal property cannot be held liable for the
personal obligation contracted by one spouse, unless SECTION 18: NO SALE IF JUDGMENT AND COSTS
some advantage or benefit is shown to have accrued to PAID
the conjugal partnership. By no stretch of imagination can
The judgment obligor may prevent the sale of property on
it be concluded that the civil obligation arising from the execution by paying the amount required by execution and the
crime of slander committed by Erlinda redounded to the costs that have been incurred therein.
benefit of the conjugal partnership (Buado v. Court of
Appeals, GR No. 145222, April 24, 2009). If the judgment obligor will be able to pay the judgment debt and
other costs incurred before the auction sale, the property will not
Q: Mariano is Esther’s supplier. Esther sued Mariano for be sold.
damages. Mariano filed an answer and won on her
counterclaim. Mariano executed the judgment pending SECTION 19: HOW PROPERTY SOLD ON
appeal. The property levied upon was the conjugal EXECUTION; WHO MAY DIRECT MANNER AND
property of Esther and her husband. When such was ORDER OF SALE
about to be sold in public auction, the husband executed
a separate action to put a stop to it. Mariano opposed, Property to be sold
saying that the husband was not a stranger to the case.
The property to be sold will only be those that will be sufficient
Is Mariano correct? to pay for the judgment debt and all the costs. The other
properties that were levied upon will no longer be sold. And if
A: YES. The liability arose as part of Esther’s profession. there is excess, then it will be returned to the judgment obligor.
Therefore, since the business is liable, the conjugal
property can be held liable. The remedy of the husband Who cannot participate in public auction?
is to file a motion or opposition in the same case (Mariano
v. Court of Appeals, GR No. 51283, June 7, 1989). 1. Judgment obligor, because the property is his;
2. Sheriff, because that would be a conflict in interest;
Buado and Mariano Doctrines Distinguished 3. Officers of the court .
BUADO MARIANO Q. RTC Judge of Quezon City decided a case, and issued
If the liability is personal If the liability is conjugal a writ of execution and it was implemented. The property
to one spouse only, which or community in nature of the judgment obligor in the case was levied upon and
means it is not conjugal in and the property that was now it is being sold in public auction. RTC Judge of Makati
City, the best friend of the RTC Judge of Quezon City, When the purchaser is the judgment obligee, and no third-
participated in the public auction sale and bought the party claim has been filed, he need not pay the amount of
property. Is the sale valid, void, voidable, or the bid if it does not exceed the amount of his judgment.
unenforceable? If it does, he shall pay only the excess.
A. VOID. RTC Judge of Makati is among those prohibited SECTION 22: JUDGMENT OBLIGEE AS PURCHASER
under Article 1491 of the Civil Code, which provides:
By written consent of the judgment obligor and obligee, or
“The following persons cannot acquire by purchase, even their duly authorized representatives, the officer may adjourn
at a public or judicial auction, either in person or through the sale to any date and time agreed upon by them.
the mediation of another:
Without such agreement, he may adjourn the sale from day
xxx to day if it becomes necessary to do so for lack of time to
complete the sale on the day fixed in the notice or the day to
(5) Justices, judges, prosecuting attorneys, clerks of which it was adjourned.
superior and inferior courts, and other officers and
SECTION 23: CONVEYANCE TO PURCHASER OF
employees connected with the administration of PERSONAL PROPERTY CAPABLE OF MANUAL
justice, the property and rights in litigation or levied DELIVERY
upon an execution before the court within whose
jurisdiction or territory they exercise their Manual delivery
respective functions; this prohibition includes the act
When the purchaser of any personal property capable of
of acquiring by assignment and shall apply to lawyers, manual delivery pays the purchase price:
with respect to the property and rights which may be
the object of any litigation in which they may take part 1. The officer making the sale must deliver the property
by virtue of their profession[.] to the purchaser;
2. If desired, execute and deliver to him a certificate of
Remedy in case of irregular sale sale.
There is an irregular sale if there is no notice or the NOTE: There is no need for certificate of sale. As provided
purchaser in the public auction is prohibited to participate in this section, execution of certificate of sale is only if
under Article 1491 of the Civil Code. desired.
The remedy of the judgment obligor is to file, in the same Effect

case, a motion to vacate or set aside the sale.
The sale conveys to the purchasers all the rights which the
judgment obligor had in such property as of the date of the
SECTION 20: REFUSAL OF PURCHASER TO PAY
levy on execution or preliminary attachment.
If the purchaser in the public auction fails to pay, he will
Q: B bought a pair of 24-karat diamond earrings. However,
be liable to pay for damages. she was not able to pay for it because it was too expensive.
Hence, the earrings were auctioned in a public sale. Is there
Computing damages a need for an execution of a Certificate of Sale?
If the purchaser is unable to pay for his purchase, a A: NO. What has to be done is to just deliver the earrings
second public auction will be held. The amount of because it is capable of manual delivery.
damages is computed by getting the difference between
the amount that would have been realized and the total SECTION 24: CONVEYANCE TO PURCHASSER OF
amount for which the property was sold in the second PERSONAL PROPERTY NOT CAPABLE OF MANUAL
auction. DELIVERY
EXAMPLE: X bid P10M but did not have enough money Incapable of manual delivery
to pay. During the second public auction, in which X is not
allowed to participate in, the property was sold for only When the purchaser of any personal property not capable
P9M. X will have to pay for the P1M difference/loss. If X of manual delivery pays the purchase price, the officer
is still unable to pay the difference/loss, he can be sued in making the sale must execute and deliver to the
a separate action. purchaser a certificate of sale.
SECTION 21: JUDGMENT OBLIGEE AS PURCHASER Certificate of sale

Such certificate conveys to the purchaser all the rights by the sheriff must make an express mention of the
which the judgment obligor had in such property as of the existence of such third-party claim.
date of the levy on execution or preliminary attachment.
SECTION 27: WHO MAY REDEEM REAL PROPERTY
Q: B bought a car. She was not able to pay for it. Hence, SO SOLD
the car was auctioned. Is there a need for an execution of
a Certificate of Sale? Redemption
A: YES. A car cannot be carried. Therefore, there is a Redemption means “to buy back.” In other words, a real
need to issue a certificate of sale. property was sold at a public auction. But the ownership
cannot be consolidated because the law gives the judgment
SECTION 25: CONVEYANCE OF REAL PROPERTY; obligor, if he is the owner of the property, and a
CERTIFICATE THEREOF GIVEN TO PURCHASER redemptioner, a period within which to redeem the property.
AND FILED WITH REGISTRY OF DEEDS
NOTE: Only real properties can be the subject of
redemption.
Sale of real property
How much will be paid?
Upon a sale of real property, the officer must give to the
purchaser a certificate of sale containing: It is not the judgment debt that will be paid. Rather, what shall
be paid are the following:
1. A particular description of the real property sold;
2. The price paid for each distinct lot or parcel; 1. The purchase price; and
3. The whole price paid by him;
4. A statement that the right of redemption expires 2. All the expenses incurred when the property was
one (1) year from the date of the registration of sold in the public auction, which include:
the certificate of sale. a. Sheriff’s fee
b. Cost of publication
Such certificate must be registered in the registry of deeds c. Annotation fee of the Certificate of Sale at
of the place where the property is situated. the back of the title
Execution/issuance of a certificate of sale Persons who can redeem
If it is a property, there is really a need to execute a 1. Judgment obligor

certificate of sale. Because such certificate, once issued, 2. Judgment obligor’s successor-in-interest in the
has to be brought and registered to the Register of Deeds. whole or any part of the property
The certificate of sale has to be annotated at the back of 3. Creditor who has a subsequent lien on the property
the title. (redemptioner)
Q: Why does it have to be annotated? Successors-in-interest
A: Because the redemption period will start to run upon A successor-in-interest is

the annotation of the certificate of sale at the back of the
title. 1. One to whom the debtor has transferred his interest;
2. One to whom the debtor has conveyed his interest
Right of redemption in the property for purposes of redemption; or
3. One who succeeds in the interest of the judgment
There is only a redemption period if the property sold obligor because of law (Palicte v. Ramolete, 154
is a real property. There is no right of redemption if the SCRA 132 (1987)).
property sold is a personal property. The basis for such is
Section 27 of Rule 39.
Q: Palicte, a successor-in-interest, validly redeemed the
properties. She filed a motion to transfer the properties in her
SECTION 26: CERTIFICATE OF SALE WHERE name. Should it be granted or denied?
PROPERTY CLAIMED BY THIRD PERSON
A: DENIED. Even if a successor-in-interest validly
When a property sold by virtue of a writ of execution has redeemed the properties, the motion to transfer the
been claimed by a third party, regardless if it is a personal properties in her name should be denied. Because to
property or a real property, the certificate of sale issued allow such transfer of title would amount to the distribution
of the estate (Palicte v. Ramolete, 154 SCRA 132
(1987)). In this case, the court held that other heirs are
given six (6) months period to join as co-redemptioners in ILLUSTRATION: Xander’s title is clean. Xander borrowed
the redemption made by Palicte before the motion to P15M from Yandu. Xander did not pay. Yandu sued Xander
transfer titles to her name may be granted. The property and his insurance company. Xander lost the case. The writ
should be distributed to all the heirs. of execution was issued and Xander’s property was levied
upon. After the notices, Xander’s property was sold in public
Creditor with subsequent lien (redemptioner) auction. The subject property was bought by Yandu because
she was the only participant in the public auction. The
A creditor having lien by virtue of an attachment, judgment certificate of sale was annotated on the back of the title on
June 1, 2020.
or mortgage on the property sold, or on some part thereof,
subsequent to the lien under which the property was sold.
Q: Who can redeem the property?
Such redeeming creditor is termed a redemptioner. 1. Xander only;
2. Xander and the insurance company who Yandu
Q: Why is there a subsequent lien?
likewise sued; or
A: It could arise because of: 3. The insurance company only.
1. A writ of preliminary attachment; A: Xander only. The insurance company is not Xander’s
successor-in-interest.
2. Judgment was made on another property in
another case; or Q: Is the insurance company, as a surety, a redemptioner?
3. Mortgage of such property (Palicte v.
Ramolete, 154 SCRA 132 (1987)). A: NO. A redemptioner is a creditor having a subsequent lien
to the property. In the instant case, the surety company is not
ILLUSTRATION: MC mortgaged her property to Pretzel. somebody who has a subsequent lien to the property. It does
not have a right to the property. The insurance company’s
Then, MC borrowed money from Carmina (no mortgage).
name was not even written in the title. The property was not
MC subsequently mortgaged the property to Alvero.
mortgaged prior to the case. The property was not owned by
the insurance company. Therefore, it is not technically a
The first debt to become due is the one to Carmina. MC creditor.
failed to pay upon demand so Carmina filed a case
against her. The property was levied. While the case was NOTE: In other words, to be a redemptioner, the lien must
pending, MC borrowed money from Eve. The property be other than and subsequent to the judgment under which
was sold at a public auction. the property was sold. In this case, the lien which the
insurance company acquires if he will pay the judgment debt
The sale was annotated on June 1, 2019. The judgment is based on the same judgment. Hence, the surety company
obligor and the redemptioner have a period of one (1) is not a redemptioner.
year from such date to redeem.
Redemptioner’s right to redeem
Q: Who can redeem?
The redemptioners are given the right to redeem to
A: The one who can redeem is MC, because she is the protect their interest in the said property of the judgment
judgment obligor. If MC dies, her successor-in-interests obligor. Being subsequent lien holders, if the judgment
may redeem the property. obligor does not redeem, the purchasers get the property
free from all liens and encumbrances.
Q: Who is the redemptioner/junior encumbrancer?
Right to redeem is a real property; levy of right
A: The redemptioner is Eve. It is neither Pretzel nor
Alvero. Pretzel and Alvero’s encumbrance is senior than GR: The right to redeem cannot be levied upon by the
(i.e., annotated prior to) the notice of levy. To be a junior judgment obligee who bought the property during public
encumbrancer, the encumbrance must occur after the auction. It would render the right of the judgment obligor
notice of levy. Therefore, it is Eve who can redeem. illusory.
NOTE: It is the judgment obligor and the junior XPN: But the right of redemption of the judgment obligor
encumbrancer/redemptioner who can redeem the can be levied upon by another judgment obligee in a case
property. As for the senior encumbrancers (Pretzel and separate and distinct from the case where he has that
Alvero), there is no need for them to redeem. They are right to redeem. The right of the judgment obligee in a
respected as they had the encumbrance first. So even if separate case is deemed a property right.
the property will be sold in the auction, the senior
encumbrance/mortgage will be carried over, even if the EXAMPLE: The property of Pedro (judgment obligor) was
purchaser consolidates the property. levied and sold to Juan (first judgment obligee). Pedro has
the right to redeem. Juan cannot levy such right to acquires any lien other than that upon which the redemption
redeem. was made, notice thereof must in like manner be given to the
officer and filed with the registry of deeds; if such notice be
Pedro has a separate case with Maria (second judgment not filed, the property may be redeemed without paying such
obligee). Maria can levy and sell Pedro’s right to redeem assessments, taxes, or liens.
the property from the case of Pedro v. Juan.
Redemption price
Q: What is the difference between the two cases?
1. Judgment Obligor or the First Redemptioner
A: In the case of Pedro v. Juan, it is Juan who was given a. Purchase price;
the right to redeem. It would be illusory if Juan’s right will b. One percent (1%) per month interest up to the
be taken by the same person (Pedro) who sold his time of redemption;
property. On the other hand, in Maria v. Juan, Maria can c. Amount of any assessments or taxes which
levy on Juan’s right to redeem because such right is the purchaser may have paid thereon after
deemed a property right. Maria may sell it and Juan can purchase and interest on such last named
still redeem such property right. amount at the same rate; and
d. If the purchaser be also a creditor having a
SECTION 28: TIME AND MANNER OF, AND prior lien to that of the redemptioner, other
AMOUNTS PAYABLE ON, SUCCESSIVE than the judgment under which purchase was
REDEMPTIONS; NOTICE TO BE GIVEN AND FILED made, the amount of such other lien, with
interest.
When redemption can be made
2. Subsequent redemptioners
REDEMPTION MADE a. Amount paid on the last redemption;
TIME
BY b. Two percent (2%) interest thereon;
Within one (1) year from the c. Amounts of any assessments or taxes which
Judgment Obligor or
date of the registration of the last previous redemptioner paid after the
First Redemptioner
the certificate sale redemption thereon with interest; and
Within 60 days from the last d. Amount of any liens held by said last
redemption, provided that redemptioner prior to his own, with interest.
All Subsequent
the judgment obligor has not
Redemptioners
exercised his right of A check may be used for the exercise of the right of
redemption redemption, but it is only when the proceeds have been
received that the redemptioner can be considered paid. The
NOTE: Even if the redemptioner redeemed it, the tender of a check is sufficient to compel redemption but is
judgment obligor still has a period of one (1) year within not in itself a payment that relieves the redemptioner from his
which to redeem from the issuance of the certificate of liability to pay the redemption price (Fortunato v. Court of
sale. Appeals, 196 SCRA 269 (1991)).
EXAMPLE: X and Y are redemptioners. X redeemed first. SECTION 29: EFFECT OF REDEMPTION BY
As such, Y has a period of 60 days within which to JUDGMENT OBLIGOR, AND A CERTIFICATE TO BE
redeem. The computation of the 60-day period shall start DELIVERED AND RECORDED THEREUPON; TO
from the time of the registration of the previous WHOM PAYMENTS ON REDEMPTION MADE
redemption on the title. But if the judgment obligor
redeems it before Y, the redemption stops and property Certificate of redemption
is restored to him.
The person to whom redemption payment is made must
Q: If the levy or judgment on that property was not execute and deliver to the judgment obligor a notarized
registered, will the period for redemption start to run? certificate of redemption, which is filed, registered, and
annotated with the Register of Deeds.
A: NO, it will not start to run. The judgment obligee, upon
winning the case, must cooperate with the sheriff and Suspension of redemption period
cause the registration so as to start the running of the
period for redemption. GR: Period of redemption cannot be suspended, as one
can file a motion or a separate action if there are
NOTE: Written notice of any redemption must be given to irregularities with regard to redemption.
the officer who made the sale and a duplicate filed with
the registry of deeds of the place, and if any assessments XPN: The redemption period is strictly construed unless
or taxes are paid by the redemptioner or if he has or when the parties agreed to the contrary. Such agreement
is deemed as a conventional redemption and such is
not based on the Rules of Court but on the agreement NOTE: This may be with or without notice.
between the two parties.
Q: The property of Alyssa was sold in a public auction. She
Extension of redemption period is unable to redeem in the period required, so she turned it
into a bahay aliwan. What is the remedy of the purchaser?
The court may award an additional period to redeem
under special circumstances such as when the period A: Purchaser should ask the court to issue an order
has been interrupted by an action by the judgment obligee restraining Alyssa to stop acts inimical to the property he
to destroy that right of redemption. However, the right of bought.
redemption cannot be extended on the ground of financial
Acts not considered waste
hardship of the judgment obligor.
It is not waste for a person in possession of the property at
NOTE: The fact that the judgment obligee filed a separate the time of sale, or entitled to possession afterwards, to:
case to annul foreclosure proceedings and the
subsequent auction sale will not automatically suspend 1. Continue to use the property in the same manner in
the right of redemption. which it was previously used;
2. Use the property in the ordinary course of
SECTION 30: PROOF REQUIRED OF
husbandry; or
REDEMPTIONER
3. Make the necessary repairs to buildings while he
Proof of redemption occupies the property.
A redemptioner must produce to the officer or person NOTE: During the one (1) year period to redeem, the owner
from whom he seeks to redeem, and serve with his notice of the property is the judgment obligor. This is because the
to the officer: purchaser cannot yet consolidate the title.
1. A copy of the judgment or final order under which SECTION 32: RENTS, EARNINGS AND INCOME OF
PROPERTY PENDING REDEMPTION
he claims the right to redeem certified by the clerk
of court wherein the judgment or final order is Purchaser or redemptioner shall not be entitled to the
entered; or following when the property is in the possession of a tenant:
2. If he redeems upon a mortgage or other lien, a
memorandum of the record thereof certified by 1. Rents;
the register of deeds; or 2. Earnings;
3. Income; or
3. An original or certified copy of any assignment
4. Value of the use and occupation
necessary to establish his claim; or
4. An affidavit executed by him or his agent showing NOTE: All of such shall belong to the judgment obligor until
the amount then actually due on the lien. the expiration of his period of redemption.
NOTE: If the redemptioner refuses to submit documents SECTION 33: DEED AND POSSESSION TO BE
to show the basis for his redemption, the other party can GIVEN AT EXPIRATION OF REDEMPTION PERIOD;
validly refuse redemption. On the other hand, when the BY WHOM EXECUTED OR GIVEN
original owner wants to redeem, there is no need for him
to prove his right as a judgment obligor. Effect if no redemption is made
SECTION 31: MANNER OF USING PREMISES 1. If no redemption is made within one (1) year from
PENDING REDEMPTION; WASTE RESTRAINED the date of the registration of the certificate of sale
a. Purchaser is entitled to a conveyance
Restraint on commission of waste
and possession of the property; or
Until the expiration of the time allowed for redemption, the
court may restrain the commission of waste on the 2. If so redeemed whenever sixty (60) days have
property by injunction (Rule 58) on the application of elapsed and no other redemption has been
either the: made, and notice thereof given,
a. Last redemptioner is entitled to the
1. Judgment obligee; or conveyance and possession of the
2. Highest bidder property
The purchaser may recover the purchase price when:
Consolidation of purchaser’s ownership
1. He (or his successors-in interest) fails to recover
Process of consolidating ownership: the possession of the property; or
1. Affidavit stating there was no redemption;
2. Ask sheriff to issue deed of absolute sale; 2. He is evicted due to
3. Go to Registry of Deeds to show that purchaser is now a. Irregularities in the proceedings
the owner of the property; concerning the sale;
4. Issuance of new title in purchaser’s name; b. Judgment has been reversed or set
5. Issuance of writ of possession in a non-litigous motion aside;
(Rule 15), in relation to Rule 39, a new title is already c. Property sold was exempt from
under the name of the purchaser, he is entitled as a execution; or
matter of right to the possession of the property
d. Third person has vindicated his claim to
NOTE: Issuance of the writ is a non-litigous motion the property
because such is ministerial by the court; need only to
file an ex parte motion. Remedy of purchaser
XPN: Third party is claiming ownership of the property; If the sale was not effective under the circumstances in
in this case, writ of possession is not ministerial. this section, the purchaser may file:
Purchaser’s rights retroact to the date of levy
1. Motion in the same action (motion to recover
Upon the expiration of the right of redemption, the purchaser or purchase price); or
redemptioner shall be substituted to and acquire all the rights, 2. Separate action to recover from the judgment
title, interest and claim of the judgment obligor to the property as obligee the price paid; or
of the time of the levy.
3. Motion for the revival of judgment.
Documents executed by the sheriff
Differences between Revival of Judgment in Section
There are two documents which the sheriff executes in case of 6 and in Section 34, Rule 39
real property:
RULE 39, Sec. 6 RULE 39, Sec. 34
1. Certificate of Sale
HOW COMMENCED
2. Deed of Conveyance
An independent civil action It is commenced by filing a
Certificate of Sale v. Deed of Conveyance commenced by filing a motion before the court
complaint for revival of which rendered the
CERTIFICATE OF SALE DEED OF CONVEYANCE judgment judgment sought to be
revived
WHEN ISSUED
WHO MAY AVAIL
Issued after the auction
sale; once annotated, starts Executed after one (1) year The judgment obligee, his The highest bidder may
the one (1) year redemption if no redemption made assignee, or his avail of this remedy
period successors-in-interest may
avail of this remedy
TRANSFER OF RIGHTS
PURPOSE
Operates to transfer to the
purchaser whatever rights The purpose is to revive a The purpose is for the
Does not transfer any rights the judgment obligor has on dormant judgment for it to highest bidder to recover
the property as of the time be again executed by mere from the judgment obligor
of the levy. motion because he was not able to
acquire the property he
SECTION 34: RECOVERY PRICE IF SALE NOT purchased
EFFECTIVE; REVIVAL OF JUDGMENT
SECTION 35: RIGHT TO CONTRIBUTION OR
This section contemplates a situation where the purchases REIMBURSEMENT
is not the judgment creditor and is also applicable in
execution pending appeal. When property liable to an execution against several
persons is sold thereon, and more than a due proportion
of the judgment is satisfied out of the proceeds of the sale
Recovery of purchase price of the property of one of them, or one of them pays,

without a sale, more than his proportion, he may compel
a contribution from the others. Q: If Christian denied the debt, what is the remedy?
When a judgment is upon an obligation of one of them, as A: The remedy will be Section 43 of Rule 39. The court
security for another, and the surety pays the amount, or does not have jurisdiction to determine whether or not the
any part thereof, either by sale of his property or before debt exists (NAPOCOR v. Gonong, 177 SCRA 366 (1989)).
sale, he may compel repayment from the principal.
SECTION 38: ENFORCEMENT OF ATTENDANCE
SECTION 36: EXAMINATION OF JUDGMENT AND CONDUCT OF EXAMINATION
OBLIGOR WHEN JUDGMENT SATISFIED
Order or subpoena
Examination of judgment obligor
A party or other person may be compelled, by an order or
subpoena, to attend before the court or commissioner to
The judgment obligee is entitled to an order from the court
testify, as provided in Sections 36 and 37 of Rule 39.
which rendered the judgment, requiring the judgment
obligor to appear and be examined concerning his Failure to obey
property and income before the court or a commissioner
appointed by the court. The party/person may be punished for contempt as in other
cases.
XPN: The judgment obligor cannot be required to appear
before a court or commissioner outside the province or SECTION 39: OBLIGOR MAY PAY EXECUTION
city in which such obligor resides or is found. AGAINST OBLIGEE
Q: Sheriff went to the house of the judgment obligor to After a writ of execution against property has been issued, a
satisfy a judgment on money claims. Upon reaching the person indebted to the judgment obligor may:
house, there is no property available to be levied so
execution was returned unserved. What can the judgment 1. Pay to the sheriff holding the writ of execution the
obligee do? amount of his debt or so much thereof as may be
necessary to satisfy the judgment;
A: The judgment obligee may cause the examination of: 2. In the manner of payment as prescribed in Section
1. Judgment obligor’s property 9 of Rule 39.
2. Judgment obligor’s income
3. Judgment obligor’s obligor (Section 37) The sheriff’s receipt shall be sufficient to discharge for the
amount so paid or directed to be credited by the judgment
NOTE: If the court finds that the earnings of the judgment obligee on the execution.
obligor are more than sufficient to satisfy his family needs,
the court may order payment of judgment debt by SECTION 40: ORDER FOR APPLICATION OF
installments. It is possible that one has no property but PROPERTY AND INCOME TO SATISFACTION OF
has sufficient income. JUDGMENT
SECTION 37: EXAMINATION OF OBLIGOR OF Application of property or money

JUDGMENT OBLIGOR
The court may order any property of the judgment obligor, or
Examination of obligor of judgment obligor money due him, not exempt from execution, in the hands of
either himself or another person, or of a corporation or other
A person, corporation, or other juridical entity, indebted to the juridical entity, to be applied to the satisfaction of the
judgment obligor may be required to appear before the court judgment, subject to any prior rights over such property.
or a commissioner appointed by it, at a time and place within
the province or city where such debtor resides or is found, Payment in installments
and be examined concerning the same.
If, upon investigation of his current income and expenses, it
NOTE: The service of the order shall bind all credits due to appears that the earnings of the judgment obligor for his
the judgment obligor and all money and property of the personal services are more than necessary for the support
judgment obligor in their possession of his family, the court may order that he pay the judgment in
fixed monthly installments.
EXAMPLE: Jet is the judgment obligor and Christian is her
debtor. Christian may be examined as regards the NOTE: Upon his failure to pay any such installment when
collectibles of Jet. If Christian acknowledges the debt, the due without good excuse, may punish him for indirect
court can order him to pay directly to the judgment obligee. contempt.
It is essential that he acknowledges the debt.
SECTION 41: APPOINTMENT OF RECEIVER If upon determination that a debt exists, the judgment
obligor’s debtor still refuses to hand over the property, he
Purpose of a receiver can be cited in indirect contempt.
To make sure that the property of the judgment obligor will NOTE: When exercising the remedies under Sections 36
not be put to waste. to 43 (remedies of judgment obligee in aid of execution) It
needs to be done within the five (5) year period, as the
EXAMPLE: Judgment obligee levied the property of judgment may only be executed by way of motion within
judgment obligor. The latter, knowing that the property five (5) years from the date of entry.
was levied, used it for indecent activities. In this case
judgment obligee could ask the court to appoint a receiver SECTION 44: ENTRY OF SATISFACTION OF
to enjoin the judgment obligee from putting the property JUDGMENT BY CLERK OF COURT
to waste.
Satisfaction of judgment
SECTION 42: SALE OF ASCERTAINABLE INTEREST
OF JUDGMENT OBLIGOR IN REAL ESTATE Satisfaction of judgment means compliance with the
‘ fulfillment of the mandate of the decision.
If it appears that the judgment obligor has an interest in
real estate in the place in which proceedings are had, as Entry of satisfaction of judgment
mortgagor or mortgagee or otherwise, and his interest
therein can be ascertained without controversy the Satisfaction of a judgment shall be entered by the clerk of
receiver may be ordered to sell and convey such real court in the court docket, and in the execution book, upon:
estate or the interest of the obligor.
1. Return of a writ of execution showing the full
satisfaction of the judgment; or
Such sale shall be conducted in all respects in the same
manner as is provided for the sale of real state upon
execution, and the proceedings thereon shall be 2. Filing of an admission to the satisfaction of the
approved by the court before the execution of the deed. judgment executed and acknowledged in the same
manner as a conveyance of real property by the
EXAMPLE: The judgment obligor has no property. judgment obligee or by his counsel, unless a
However, when asked by the court, he revealed he has a revocation of his authority is filed; or
property belonging to X mortgaged in his favor. In this
case, the mortgage is the judgment obligor’s property 3. Endorsement of such admission by the judgment
right which the court can order its sale to satisfy the obligee or his counsel, on the face of the record of
judgment against him. the judgment.
SECTION 43: PROCEEDINGS WHEN Who may compel satisfaction of judgment?

INDEBTEDNESS DENIED OR ANOTHER PERSON
CLAIMS THE PROPERTY 1. Judgment obligee, by means of execution;
2. Judgment obligor, by means of voluntary payment
Action against judgment obligor’s debtor
SECTION 45: ENTRY OF SATISFACTION OF
The judgment obligee needs to ask the court to institute JUDGMENT WITH OR WITHOUT ADMISSION
an action against the debtor of the judgment obligor,
who denies to give the debt. Effect of satisfaction of judgment
There is no privity between the judgment obligee and the When the judgment obligor satisfies the judgment, he/she
debtor of the judgment obligor. If there is no court is estopped from questioning the validity of the judgment.
authority, the judgment obligee has no cause of action
which would result to the dismissal of the complaint. The In effect, by satisfying the judgment, whether partially or
purpose is to determine whether there is debt that exists fully, he/she has already recognized the propriety of the
in favor of the judgment obligor and his debtor. judgment and therefore he/she can no longer appeal the
said judgment.
NOTE: Docket fees should be shouldered by the
judgment obligee. But if he wins, he can recover such Judgment satisfied by means other than execution
through prayer.
Whenever a judgment is satisfied in fact, or otherwise
Contempt than upon an execution, on demand of the judgment
obligor, the judgment obligee or his counsel must execute
and acknowledge, or indorse, an admission of the matters in issue in the first suit (Oropeza Marketing
satisfaction as provided in the last preceding section. Corporation v. Allied Banking Corporation, G.R. No.
129788, December 3, 2002).
Refusal of judgment obligee to execute admission of
satisfaction The rationale for the rule is that “public policy requires that
controversies must be settled with finality at a given point in
After notice and upon motion, the court may order: time.” Res judicata is founded on the principle that parties
ought not to be permitted to litigate the same issue more than
once. Hence, when a right or fact has been judicially tried
1. Either the judgment obligee or his counsel to do
and established by a court of competent jurisdiction, or an
so; or opportunity for such trial has been given, the judgment of the
2. The entry of satisfaction to be made without such court — so long as it remains unreversed — is conclusive
admission. upon the parties and those in privity with them in law or
estate.
Necessity of satisfaction of judgment
Requisites of res judicata
Satisfaction of judgment is necessary so that no more
execution may be done. The requisites of res judicata are as follows:
1. There must be final judgment;

SECTION 46: WHEN PRINCIPAL BOUND BY
JUDGMENT AGAINST SURETY
NOTE: There is no res judicata if the matter is an
interlocutory order.
When a judgment is rendered against the surety, the
principal debtor is also bound by such from the time:
2. The court has jurisdiction over the subject matter
and over the parties;
1. He has notice of the action or proceeding; and
3. There is judgment on the merits; and
2. Opportunity at the surety's request to join in the
4. Identity of the parties, subject matter, and cause of
defense.
action.
SECTION 47: EFFECT OF JUDGMENTS OR FINAL NOTE: If judgment is not yet final and executory, it is not res
ORDERS judicata but, litis pendencia.
Effect of judgments or final orders Judgment on merits
This refers to judgments which are considered as A judgment is “on the merits” when it amounts to a legal
conclusive, either declaration of the respective rights and duties of the parties,
1. Against the whole world/action in rem; based upon the disclosed facts. “Merits” has been as a
2. Between parties to the action or proceeding matter of substance in law, as distinguished from a matter of
only/action in personam; or form refers to the real or substantial grounds of action or
3. In any other litigation between the same parties defense, as contrasted with some technical or collateral
matter raised in the course of the suit. There could be a
or their successors-in-interest, that only is judgment on the merits even if there is no trial.
deemed to have been adjudged in a former
judgment or final order which appears upon its What appears to be essential to a judgment on the merits is
face to have been so adjudged, or which was that it be a reasoned decision, which clearly states the facts
actually and necessarily included therein or and the law on which it is based.
necessary thereto. Identity of parties
Doctrine of res judicata There is identity of parties when:
Res judicata literally means a matter adjudged; a thing 1. Parties on both cases are similar;
judicially acted upon or decided; a thing or matter settled 2. Actions are between those in privity with
by judgment. Res judicata lays the rule that an existing
final judgment or decree rendered on the merits, and them (e.g. between their successors-in-
without fraud or collusion, by a court of competent interest); or
jurisdiction, upon any matter within its jurisdiction, is 3. There is substantial identity even if there are
conclusive of the rights of the parties or their privies, in all additional parties.
other actions or suits in the same or any other judicial
tribunal of concurrent jurisdiction on the points and NOTE: It is really about identity of interest.
Bar by Former Judgment vs. Res Judicata by
EXAMPLE: In the first case, it is M v. P for recovery of a Conclusiveness of Judgment
property. A second case filed, now M v. Heirs of P for the
recovery of the same property. Res judicata applies. BAR BY FORMER CONCLUSIVENESS OF
JUDGMENT JUDGMENT
Identity of subject matter IDENTITY OF
1. Parties 1. Parties
With respect to identity of subject matter, this is included 2. Subject matter 2. Subject
in identity of causes of action. When there is identity of the 3. Causes of action matter/issues
cause or causes of action, there is necessarily identity of FIRST JUDGMENT
subject matter. But the converse is not true, for different The first judgment The first judgment is
causes of action may exist regarding the same subject constitutes an absolute bar conclusive only as to
matter, in which case, the applicable aspect of res to all matters directly matters directly adjudged
judicata is "conclusiveness of judgment." In other words, adjudged and those that and actually litigated in the
the conclusiveness of judgment shall be only with regard might have been adjudged. first action. The second
to the questions directly and actually put in issue and action can be prosecuted.
decided in the first case. EFFECT
It has the effect of It has the effect of
EXAMPLE: M sued P for the recovery of 1,000 sqm of preclusion of claims. preclusion only of issues.
land. M sued again for the recovery of 250 sqm of the
same land. P can invoke res judicata, since the 250 sqm Application of res judicata in quasi-judicial proceedings
in the second case is necessarily included in the first
case. It has been held that the rule of res judicata which forbids the
reopening of a matter once judicially determined by
Identity of cause of action competent authority applies as well to the judicial and quasi-
judicial acts of public, executive or administrative officers and
There is identity of causes of action when the two actions boards acting within their jurisdiction as to the judgments of
are based on the same delict or wrong committed by the courts having general judicial powers.
defendant even if the remedies are different. Even if the
remedies are different, res judicata will apply. No res judicata in criminal proceedings
The test to determine the identity of causes of action is to Res judicata is a doctrine of civil law and, thus, has no
bearing on criminal proceedings.
consider whether the same evidence would sustain both
causes of action.
SECTION 48: EFFECT OF FOREIGN JUDGMENTS OR
FINAL ORDERS
Two concepts of res judicata
Effect of foreign judgments or final orders
The principle of res judicata embraces two concepts, namely:
1. Bar by Prior Judgment The effect of a judgment or final order of a tribunal of a

foreign country, having jurisdiction to render the judgment or
a. The judgment or final order is a bar to the
final order is as follows:
prosecution of a subsequent action based
on the same claim or cause of action (Rule 1. In case of a judgment or final order upon a specific
39, Section 47(a) and (b)). thing the judgment or final order is conclusive upon
the title to the thing; and
2. Conclusiveness of Judgment 2. In case of a judgment or final order against a
a. The judgment or final order precludes the person - the judgment or final order is presumptive
re-litigation of particular issues or facts on evidence of a right as between the parties and their
a different demand or cause of action. successors in interest by a
b. Also known as estoppel by verdict, or
estoppel by record, or collateral estoppel by An action must be filed in order to enforce a foreign
judgment or preclusion of issues or rule of judgment
auter action pendant (Rule 39, Section
47(c)). In the Philippines, a judgment or final order of a foreign
tribunal cannot be enforced simply by execution. Such
NOTE: The requisites for both are similar, except is no judgment or order merely creates a right of action, and its
identity of causes of action in res judicata by conclusiveness non-satisfaction is the cause of action by which a suit can
of judgment. be brought upon for its enforcement (BPI Securities
Corp. vs. Guevarra, G. R. No. 167052, March 11, 2015).
opportunity to do so on grounds allowed under Rule 39,
It is necessary for an action to be filed in order to enforce Section 48 of the Rules of Court (Roehr vs. Rodriguez,
a foreign judgment, even if such judgment has conclusive G. R. No. 142820, June 20, 2003).
effect as in the case of in rem actions, if only for the
purpose of allowing the losing party an opportunity to How divorce decree can be recognized
challenge the foreign judgment, and in order for the court
to properly determine its efficacy. Before a foreign divorce decree can be recognized by our
courts, the party pleading it must prove the divorce as a fact
NOTE: The suit upon the foreign judgment is considered and demonstrate its conformity to the foreign law allowing it.
as one incapable of pecuniary estimation and therefore it Presentation solely of the divorce decree is insufficient.
must be filed in the RTC.
Under Sections 24 and 25 of Rule 132, a writing or document
may be proven as a public or official record of a foreign
Petition for recognition of foreign judgment
country by either:
A petition for recognition of foreign judgment is a special 1. An official publication; or
proceeding, which “seeks to establish a status, a right or
2. A copy thereof attested by the officer having legal
a particular fact,” and not a civil action which is “for the
custody of the document.
enforcement or protection of a right, or the prevention or
redress of a wrong” (Fujiki vs. Marinay, G.R. No.
196049, June 26, 2013). If the record is not kept in the Philippines, such copy must
be:
1. Accompanied by a certificate issued by the proper
Presumption of validity of a foreign judgment
diplomatic or consular officer in the Philippine
A foreign judgment is presumed to be valid and binding in foreign service stationed in the foreign country in
the country from which it comes, until the contrary is which the record is kept and
shown. It is also proper to presume the regularity of the 2. Authenticated by the seal of his office (Garcia vs.
proceedings and the giving of due notice therein. The Recio, G.R. No. 138322, October 2, 2001).
party attacking a foreign judgment has the burden of
overcoming the presumption of its validity (Northwest APPEALS
Orient Airlines vs. CA, G.R. No. 112573, February 9,
1995).
PRELIMINARY CONCEPTS
Actionable issues
Appeal is the elevation by an aggrieved party of any decision,
A foreign judgment or final order may be repelled by order or award of a lower body to a higher body, by means
of a document which includes the assignment of errors,
evidence of any of the following:
memorandum of arguments in support thereof, and the
reliefs prayed for (Technogas Philippines Manufacturing
1. Want of jurisdiction, Corporation v. Clave, 08635-SP, May 31, 1979).
2. Want of notice to the party,
3. Collusion, Appeal v. Rule 65
4. Fraud, or
5. Clear mistake of law or fact. Appeal is a continuation of the proceedings or the
judgment below.
NOTE: In a domestic judgment, as long as it attained
finality, even if there was a clear mistake of fact and law, Rule 65 is an original special civil action, which means
it can no longer be impeached. Except if there is lack of that it is a case separate from the one below. The two
jurisdiction or extrinsic fraud, then one can file a motion to cases — Rule 65 and the case with the lower court — run
annul judgment. parallel with each other.
Recognition of a foreign divorce decree EXAMPLE: X filed a motion with the RTC, but it was
denied. Motion for reconsideration also denied. These are
GR: Divorce decrees obtained by foreigners in other interlocutory orders. Such (motion and MR) are claimed
countries are recognizable in our jurisdiction. to be issued in grave abuse of discretion amounting to
lack or in excess of jurisdiction. X is now invoking the
XPN: The legal effects thereof – such as on custody, care power of the CA to supervise the RTC and to make sure
and support of the children – must still be determined by that the RTC acts in accordance with its jurisdiction.
our courts. Before our courts can give the effect of res
judicata to a foreign judgment, it must be shown that the Therefore, it is a case separate from the one below (in the
parties opposed to the judgment had been given ample trial court). So unless CA issues a TRO or writ of
preliminary injunction, the case of appeal and certiorari SC is not a matter of right but of sound judicial
under 65 can proceed independent of each other (see discretion, and will only be granted where there are
illustration below). special and important reasons thereof (Rule 45,
Section 6).
CA supervising RTC under
Rule 65 2. In criminal cases
RTC judgment When the RTC imposes death penalty, the CA shall
automatically review the judgment (Rule 122,
Appeal Rule 65 Section 3(a)). If the CA finds that death penalty
should be imposed, the CA shall not render
judgment but certify and elevate the case to the
Appeal as a statutory privilege
Supreme Court for review (Rule 124, Sec. 13(a)).
It is not a constitutional or a natural right (Canton v. City NOTE: Only final judgments or orders can be
of Cebu, G.R. No. 152898, February 12, 2007). appealed as distinguished from interlocutory
judgments or orders which are not appealable (Rule
The right to appeal is not part of due process but a mere 41, Section 1).
statutory privilege that has to be exercised only in the
manner and in accordance with the provisions of law Basic guidelines regarding appeal
(Stolt-Nielsen v. NLRC, G.R. No. 147623, December
13, 2005). 1. No trial de novo (starting from the beginning) shall
be made. The appellate courts must decide the
Mandatory and jurisdictional case on the basis of the records, except:
a. When the proceedings were not duly
Perfection of an appeal in the manner and within the
recorded as when there was absence of a
period permitted by law is mandatory and jurisdictional.
The requirements for perfecting an appeal must, as a rule, qualified stenographer (Sec. 22(d), BP
be strictly followed. Such requirements are considered 129; Rule 21(d), Interim Rules);
indispensable interdictions against needless delays and b. Instances when the CA may act as a trial
are necessary for the orderly discharge of the judicial court.
business. Failure to perfect the appeal renders the
judgment of the court final and executory. Just as a losing 2. No new parties;
party has the privilege to file an appeal within the 3. No change of theory (Naval v. CA, G.R. No.
prescribed period, so does the winner also have the 167412, February 22, 2006);
correlative right to enjoy the finality of the decision 4. No new matters (Ondap v. Aubga, G.R. No. L-
(McBurnie v. Ganzon, G.R. No. 178034 & 178117, 24392, February 28, 1979);
September 18, 2009). 5. The amendment of pleadings is allowed to conform
to the evidence submitted before the trial court
Three Modes of Appeal:
(Dayao v. Shel, G.R. N. L-32475, April 30, 1980);
1. Ordinary Appeal (Rule 40 and 41) 6. The liability of solidarity defendant who did not
a. Notice of appeal appeal is not affected by appeal of solidarity debtor
b. Record on appeal (Mun. of Orion v. Concha, G.R. No. 26671,
September 17, 1927);
2. Petition for Review (Rule 42) 7. Appeal by guarantor does not inure to the principal
(Luzon Metal v. Manila Underwriter, G.R. No. L-
3. Appeal by Certiorari (Rule 45)
27863, August 29, 1969);
When Appeal is a Matter of Right 8. In ejectment cases, the RTC cannot award to the
appellant on his counterclaim more than the
1. In civil cases amount of damages beyond the jurisdiction of the
MTC (Agustin v. Bataclan, 135 SCRA 342);
The first appeal is a matter of right. Appeals from 9. The appellate court cannot dismiss the appealed
decisions of the MTC (Rule 40) or RTC (Rule 41) case for failure to prosecute because the case must
rendered in the exercise of original jurisdiction be decided on the basis of the record (Rule 21,
should be granted as a matter of a right if filed Interim Rules).
within the reglementary period.
Note: Appeal is a speedy remedy, as an adverse party
XPN: In civil cases, first appeal is not a matter of can file its appeal from a final decision or order
right if filed with the SC. Review of decisions by the
immediately after receiving it. A party, who is alleging that be served upon
an appeal will not promptly relieve it of the injurious effects the appellee.
of the judgment, should establish facts to show how the
appeal is not speedy or adequate (V.C Ponce Company Docket fees shall
Inc. v. Municipality of Paranaque, G.R. No. 178431, be paid to the
November 12, 2012). clerk of court of
the MTC
ISSUES TO BE RAISED ON APPEAL RULE 41
Notice of appeal/
GR: The appellate court shall consider no error unless stated Record on appeal
in the assignment of errors (Sec. Rule 51, Section 8). Questions of:
filed with the court
of origin (RTC).
XPNs: The court may consider an error not raised on appeal 1. Fact; or
RTC (exercising
if it: 2. Law and
Copies of the original
fact.
notice of appeal jurisdiction)
1. Affects the jurisdiction over the subject matter;
and record shall
2. Affects the validity of the judgment appealed from; NOTE: Otherwise,
be served upon à
3. Affects the proceedings; if the appeal raised
the appellee.
4. Is closely related to or dependent on an assigned only questions of
CA
error and properly argued in the brief; law, it should be
Docket fees shall
directly filed with
5. Is a plain and clerical error; be paid to the
the SC.
6. Deals with the lack of jurisdiction of the trial court clerk of court of
(Dy v. NLRC, G.R. No.L-68544, October 27, the RTC.
1986); RULE 42
7. Is necessary to determine whether or not there is Verified Petition
sufficient justification for the award of damages for Review filed
with the CA, with
(Sps. Romulo v. Sps. Layug, G.R. No. 151217,
a Certificate of
September 8, 2006); and MTC
Non-Forum
8. Is necessary in arriving at a just decision of the case Shopping.
(Dumo v. Espinas, G.R. No. 141962, January 25, à
2006). Copies shall be Questions of:
RTC (exercising
served on the 1. Law;
Basis of the court’s power to rule on issues not raised appellate
RTC and the 2. Fact; or
on appeal jurisdiction)
appellee. 3. Both.
The court is imbued with sufficient authority and discretion to à

Docket and other
review matters, not otherwise assigned as errors on appeal, lawful fees and
as it finds that the consideration is necessary in arriving at a CA
P500 deposit for
complete and just resolution of the case or to serve the
costs shall be
interest of justice or to avoid dispensing piecemeal justice
paid to the clerk of
(Asian Terminals, Inc. v. NLRC, 541 SCRA 105).
court of the CA.
OUTLINE OF MODES OF APPEAL RULE 43
Quasi-judicial Questions of:
Verified Petition
COURT BEING agency
for Review filed
REVIEWED exercising 1. Law;
MODE OF ISSUE(S) THAT with the CA with a
à quasi-judicial 2. Fact; or
APPEAL MAY BE RAISED Certificate of Non-
APPELLATE functions 3. Both.
Forum Shopping.
COURT
à NOTE: Unlike in
RULE 40 Copies shall be
the other modes of
Notice of appeal/ served on the
CA appeal, an appeal
Record on appeal RTC and the
under the Rule
filed with the court Questions of: appellee.
NOTE: Except shall not stay the
of origin (MTC). 1. Law;
MTC à RTC judgments or award, judgment,
2. Facts; or Docket and other
final orders final order or
Copies of the 3. Both. lawful fees and
issued under resolution unless
notice of appeal P500 deposit for
the Labor by the the CA directs
and record shall costs shall be
Ombudsman otherwise.
paid to the clerk of (Criminal case), compilation of voluminous
court of the CA. COMELEC, records.
COA, and CTA RULE 42
En banc May be extended for 15 days
RULE 45 upon proper motion and the
Verified Petition payment of the full amount of
for Review on the docket and other lawful
Petition for review
Certiorari filed fees and deposit for costs
Within 15 days from notice of
with the SC with a before the expiration of the
the decision sought to be
Certificate of Non- original 15 day period.
reviewed or of denial of
Forum Shopping. petitioner’s MR or MNT.
No further extension shall be
RTC
granted, except for the most
Copies shall be (exercising compelling reasons and in no
served on the original GR: Questions of case to exceed 15 days.
lower court jurisdiction) law only. RULE 45
concerned and on On motion duly filed and
the appellee. à Petition for review on served, with full payment of
XPN: If the petition certiorari the docket and other lawful
Docket and other CA/ for review on Within 15 days from notice of fees and the deposit for costs
lawful fees and Sandiganbayan/ certiorari is from the award, judgment, final before the expiration of the
P500 deposit for Court of Tax judgment order or resolution, or from original 15 day period, the SC
costs shall be Appeals (en rendered in the date of its publication or may for justifiable reasons
paid to the clerk of banc) petitions for writ of the denial of the petitioner’s grant an extension of 30 days
court of the SC. amparo, habeas MR or MNT. only within which to file the
(Rule 45, Sec. 3) à data, or kalikasan. petition.
Notice of appeal SC Note: Neypes Doctrine is not applicable to administrative

(in criminal cases) appeals, in as much as appeal from HLURB Board of
where the penalty Commissioners to the Office of the President (San
imposed is death, Lorenzo Builders, Inc. v. Baying, G.R. No. 194702,
reclusion April 20, 2015).
perpetua or life
imprisonment. RULE 40: APPEAL FROM MUNICIPAL TRIAL
COURTS TO THE REGIONAL TRIAL COURTS
OUTLINE OF REGLEMENTARY PERIODS WITHIN
WHICH TO FILE APPEALS AND THE EXTENSIONS
Ordinary appeal
ALLOWED
It is an appeal by notice of appeal from a judgment or final
PERIOD TO APPEAL EXTENSION ALLOWED order of a lower court on questions of fact and law (Rule 41,
RULES 40 AND 41 Section 2(a); Rule 44, Section 15, RoC).
Notice of appeal Notice of appeal
Within 15 days from notice Period to file notice of NOTE: A question that was never raised in the court below
of judgment or of the denial appeal is non-extendible. cannot be allowed to be raised for the first time on appeal,
of the appellant’s MR or without offending the basic rules of fair play, justice and due
MNT. NOTE: It is very simple to process (Villanueva v. Spouses Salvador, G.R. No.
prepare a notice of appeal. 139436, January 25, 2005).
When a record on appeal
is required Record on appeal NOTE: The party appealing is called the appellant, and the
Within 30 days from notice Period to file a record on adverse party is the appellee.
of judgment or of the denial appeal may be extended
of the appellant’s MR or provided the motion for Subject matter of an appeal
MNT. extension thereof is filed
It is a final order or a final judgment.
within the original 30 day
Habeas corpus period. Final order means there is nothing left to be done by the
Notice of appeal is filed court. Unlike an interlocutory order, it means there is
within 48 hours from notice NOTE: Preparation of the something else to be done by the court.
of judgment or denial or MR record on appeal may take
or MNT. time for it may require EXAMPLE: If there is a Motion to Dismiss (MTD), and it is
granted, the order is a final order. If MTD is denied, an
answer must be filed, which means that it is an interlocutory The notice of appeal does not raised therein are too
order because there is something else left to be done by require the approval of the insubstantial to require
the court. court. The function of the consideration.
notice of appeal is merely to
Q: An intestate proceeding for the settlement of estate notify the trial court that the
was filed by Silverio Sr. The RTC issued an Omnibus appellant was availing of the
Order ordering Nelia Dee to vacate the premises of the right to appeal, and not to
property in Forbes Park, Makati City. Nelia, instead of seek the court’s permission
filing a Notice of Appeal and Record on Appeal, filed a that he be allowed to pose an
motion for reconsideration of the Order. She appealed the appeal (Crisologo v. Daray,
A.M. No. RTJ-07-2036,
order denying the motion for reconsideration. Is the
August 20, 2008).
appeal proper?
A: NO. The appeal taken by Nelia is misplaced as no appeal

SECTION 1: WHERE TO APPEAL
may be taken from the order denying the motion for
reconsideration. It is only after a judgment has been rendered in An appeal may be taken to the RTC exercising jurisdiction
the case that the ground for the appeal of the interlocutory order over the area to which the MTC pertains.
may be included in the appeal of the judgment itself. It is only
when such interlocutory order was rendered without or in excess Substantive basis
of jurisdiction or with grave abuse of discretion that certiorari
under Rule 65 may be resorted to. The Order of the RTC Regional Trial Courts shall exercise appellate jurisdiction
ordering her to vacate the premises is not a final determination over all cases decided by the following:
of the case or of the issue of distribution of the shares of the
heirs in the estate or their rights therein. Such Order is 1. Metropolitan Trial Courts,
interlocutory and, therefore, not subject to an appeal. She 2. Municipal Trial Courts, and
employed the wrong mode of appeal by filing a Notice of Appeal
with the RTC. Hence, for employing the improper mode of 3. Municipal Circuit Trial Courts in their respective
appeal, the case should have been dismissed (Silverio, Jr. v. territorial jurisdictions.
CA and Nelia Silverio-Dee, G.R. No. 178933, September 16,
2009). Such cases shall be decided on the basis of the entire record
of the proceedings had in the court of origin such
Ordinary appeal v. Petition for Review memoranda and/or briefs as may be submitted by the parties
or required by the RTCs. The decision of the RTCs in such
ORDINARY APPEAL PETITION FOR REVIEW cases shall be appealable by petition for review to the Court
(RULES 40, 41) (RULE 42) of Appeals which may give it due course only when the
TRANSFER OF RECORDS petition shows prima facie that the lower court has committed
All the records are elevated No records are elevated an error of fact or law that will warrant a reversal or
from the court of origin. unless the court decrees it. modification of the decision or judgment sought to be
reviewed (BP Blg. 129, Sec. 22).
WHERE FILED
Notice of appeal or record NOTE: The Rules on Summary Procedure no longer applies
on appeal is filed with the Filed with the CA. when the case is on appeal (Estate of Felomina
court of origin. Macadangdang v. Gaviola, G.R. No. 156809, March 4,
APPLICABILITY 2009). Thus, when a complaint for unlawful detainer is
The case was decided by The case was decided by appealed to the RTC a judgment affirming or setting aside
the MTC/RTC pursuant to the RTC pursuant to its the judgment of the MTC may be the subject of a motion
its original jurisdiction. appellate jurisdiction. for reconsideration because the said motion is no longer a
COURT ACTION prohibited pleading before the RTC which follows the rule on
Matter of right Discretionary ordinary civil procedure for appeals taken to it.
Since it is a first appeal, the Review of a decision through SECTION 2: WHEN TO APPEAL
court has no discretion to a petition for review is
deny the notice of appeal or discretionary. The Court of When to appeal
record of appeal if it is filed Appeals may require the
within the Reglementary respondent to file a comment Section 2 of Rule 40 provides the following:
period and complies with the on the petition, not a motion
requirements set forth in Rule to dismiss, within 10 days 1. Within 15 days after notice of judgment or final
41, Sec. 5 and 6. In other from notice, or dismiss the order (non-extendible);
words, an appeal under petition if it finds the same to
these rules is a matter of be patently without merit, 2. Where a record on appeal is required, within 30
right. prosecuted manifestly for days from notice of judgment or final order by
delay, or that the questions filing a notice of appeal and a record on appeal
(extendible, provided the motion for extension is
filed within the Reglementary period of 30 days Retroactive application of the fresh period rule
(CIR v. CA, G.R. No. 110003, February 9,
2001). The fresh period rule may be applied retroactively to
cases where the period for appeal had lapsed prior to
September 14, 2005, date when Neypes was
NOTE: The period of appeal shall be interrupted by a promulgated. Procedural laws may be given retroactive
timely motion for new trial or reconsideration. effect to actions pending and determined at the time of
their passage, there being no vested rights in the rules of
Fresh period rule (Neypes doctrine) procedure (Fil-Estate Properties, Inc. v. Homena-
Valencia, G.R. No. 173942, June 25, 2008).
Under the “Fresh Period Rule,” a party litigant may
either file his notice of appeal within 15 days from receipt Extending the period of appeal
of the RTC’s decision or file it within 15 days from receipt
of the order denying his motion for new trial or motion for The period of appeal may be extended under the sound
reconsideration (Neypes v. CA, G.R. No. 141524, discretion of the court. However, the mere filing of the motion
September 14, 2005). This is intended to make the for extension of time to perfect the appeal does not suspend
appeal period uniform. the running of the reglementary period.
Obviously, the new 15-day period may be availed of 1. If the extension of the period to appeal is
even if either motion (MR or MNT) is filed; otherwise, the granted – the notice thereof is served after the
decision becomes final and executory after the lapse of expiration of the period to appeal and the extension
the original appeal period. must be computed from the date of notice;
Reason and basis of the fresh period rule 2. If no action is taken on the motion for extension
or if it is denied after the lapse of the period to
Pursuant to its sole prerogative to amend procedural
rules, the SC deems it necessary to change the afore- appeal – the right to appeal is lost.
stated rule in order to standardize the appeal periods
provided in the Rules of Court, to be counted from receipt SECTION 3: HOW TO APPEAL
of the order denying the motion for new trial or motion for
reconsideration (whether full or partial or any final order Section 3 of Rule 41 provides for the procedure to appeal.
or resolution) and to afford litigants fair opportunity to
appeal their cases (Neypes v. CA, G.R. No. 141524, A. By Notice of Appeal:
1. File a notice of appeal with the trial court that
rendered the judgment or final order appealed from;
Application of fresh period rule
2. The notice of appeal must indicate
The fresh period shall apply to: a. Name of parties;
b. Judgment or final order appealed from;
1. Rule 40 – Appeal from Municipal Trial Courts to c. Material date showing timeliness of appeal
Regional Trial Courts; (Material Data Rule);
2. Rule 41 – Appeal from Regional Trial Courts;
3. Rule 42 – Petition for Review from the Regional 3. A copy served on the adverse party; and
Trial Courts to the Court of Appeals;
NOTE: There is a need to tell the adverse party of
4. Rule 43 – Appeal from the Court of Tax Appeals such appeal for him to be informed that judgment
and Quasi-Judicial Agencies to the Court of has not yet attained finality.
Appeals; and
5. Rule 45 – Appeal by Certiorari to the Supreme 4. Payment in full of docket fees and other lawful fees.
Court.
NOTE: Payment shall be in the court of origin.
Within the period for taking an appeal, the appellant
NOTE: No motion for extension of time to file a motion for shall pay to the clerk of court which rendered the
new trial or reconsideration shall be allowed. But if the judgment or final order appealed from the full
appeal requires the filing of a record on appeal, a amount of the appellate court docket and other
motion for extension to submit record on appeal is lawful fees. Payment in full of docket fees and other
allowed. The motion for extension must be filed within the lawful fees.
30 day period within which the record on appeal should
be filed (CIR v. CA, G.R. No. 11003, February 9, 2001).
NOTE: Payment shall be in the court of origin. The function of a notice of appeal is to notify the trial court that
Within the period for taking an appeal, the appellant the appellant is availing of the right to appeal, and not to seek
shall pay to the clerk of court which rendered the the court’s permission that he be allowed to pose an appeal
judgment or final order appealed from the full (Crisologo v. Daroy, AM No. RTJ-07-2036, August 30, 2006).
amount of the appellate court docket and other It does not require the approval of the court.
lawful fees.
The adverse party may only be apprised initially of the pendency
of an appeal by the notice of appeal. To deprive him of such
B. By Record on Appeal: notice is tantamount to depriving him of his right to be informed
that the judgment in his favor is being challenged. This
A record on appeal is required in the following cases: requirement should be complied with so that he may be afforded
the opportunity to register his opposition to the notice of appeal
1. In special proceedings and in other cases of if he so desires. And service of the notice of appeal upon him
multiple or separate appeals (Rule 40, Sec. 3, may not be dispensed with on the basis of the appellant's whims
and caprices (Casolita v. CA, G.R. No. 115703, July 8, 1997).
RoC);
2. In an order of expropriation in eminent domain Appeal by record on appeal
proceedings (Rule 69, Sec. 2, RoC);
3. In a judgment for recovery of property of partition Where a record on appeal is required, the appellant shall file a
notice of appeal and a record on appeal within 30 days after
with accounting; notice of the judgment or final order denying his MR or MNT
4. In a foreclosure of mortgage (Roman Catholic (Rule 40, Sec. 2, RoC).
Archbishop of Manila v. CA, G.R. No. 111324,
July 5, 1996); and Notice of appeal v. Record on appeal
5. In a judgment for or against one or more of
Notice of Appeal Record on Appeal
several defendants, leaving the action to proceed
Normally, appeal is made Required only in Special
against the others (Rule 36, Sec. 4, RoC). by filing a notice of appeal Proceedings and other
with the court which cases of multiple or
Rationale for allowing multiple appeals rendered the judgment or separate appeals.
final order appealed from
It enables the rest of the case to proceed in the event that and serving a copy However, even in cases
a separate and distinct issue is resolved by the court and thereof upon the adverse where multiple appeals
held to be final (Roman Catholic Archbishop of Manila party. are allowed, if all the
v. CA, G.R. No. 111324, July 5, 1996; Rovira v. Heirs issues have already been
of Jose C. Deleste, G.R. No. 160925, March 26, 2010). dispensed with by the trial
court, filing a record on
If multiple appeals, it means that while you are appealing appeal is no longer
the final order or the subject matter, the entire records will necessary (Marinduque
not be brought up. The records will retain with the lower Mining and Industrial
court. But because there is an appeal, there is a need to Corporation v. CA, 567
reproduce the records, which is why one is given a period SCRA 483).
of 30 days to file and prepare the record on appeal. Deemed perfected as to Deemed perfected as to
him upon the filing of the him upon the approval of
EXAMPLE: When a government files an eminent domain notice of appeal. record on appeal (Riano,
case, the first part of the proceeding is a determination of 2014).
the existence of just cause, with an order of expropriation. Period of appeal is 15 Period of appeal is 30
It is a final order as to the existence of just cause. But it days. days.
can be appealed in a second case for another issue. The The court loses The court loses
appeal of the 1st order – the order of expropriation, is jurisdiction over the case jurisdiction only over the
without prejudice to the continuation of the finding of the upon: subject matter thereof
court on the second issue. upon
1. Perfection of the
Hence, if it is multiple appeals, one needs to make record appeal filed in due 1. Approval of the
on appeals because the original case will remain with the time; and records on appeal
original court. The Record on Appeal will be used by the 2. Expiration of the filed in due time;
appellate court. But, the Record on Appeal would have to time of the appeal and
be approved by the court. of the other 2. Expiration of the
parties. time to appeal of
Function of notice of appeal the other parties.

SECTION 4: PERFECTION OF APPEAL; EFFECT For the incorporation by reference to be allowed, it must
THEREOF provide for direct access to the facts and the law being
adopted, which must be contained in a statement
Perfection of an appeal as a jurisdictional attached to the said decision. Memorandum decision
requirement may be resorted to only in cases where the facts are in
the main accepted by both parties or easily determinable
GR: Perfection of appeal within the reglementary period by the judge and there are no doctrinal complications
is jurisdictional. involved that will require an extended discussion of the
laws involved. The memorandum decision may be
XPN: When there has been FAME (fraud, accident, employed in simple litigations only.
mistake, or excusable negligence), resort to Petition for
relief from judgment under Rule 38 (Habaluyas v. There was substantial compliance with Section 40 of BP
Japson, G.R. No. 70895, May 30, 1986). Blg. 129 because of the direct availability and actual
review of the decision of Judge Balita incorporated by
NOTE: After an appeal to the RTC has been perfected, reference in the memorandum decision of Judge de la
the MTC loses its jurisdiction over the case and any Rama (Francisco v. Permskul and CA, G.R. No. 81006,
motion for the execution of the judgment should be filed May 12, 1989).
with the RTC.
SECTION 5: APPELLATE COURT DOCKET AND
Effect of perfected appeal OTHER LAWFUL FEES
Judgment is not vacated by appeal, but is merely stayed Payment of appellate court docket fees is jurisdictional.
Failure to do so is a ground for dismissal of appeal (Rule 50,
and may be affirmed, modified or reversed or findings of
Sec. 1, par. c, RoC).
facts or conclusions of law may be adopted by reference.
Mandatory and Jurisdictional requirement
The following are immediately executory:
Payment of the full amount of docket fees within the
1. Decisions of the RTC in civil cases governed by prescribed period is both mandatory and jurisdictional. It is a
the Rules of Summary Procedure; condition sine qua non for the appeal to be perfected and
2. Decisions in forcible entry and unlawful detainer only then can a court acquire jurisdiction over the case. The
cases; and requirement of an appeal fee is not a mere technicality of law
or procedure and should not be undermined except for the
3. Decisions of quasi-judicial bodies appealed to the most persuasive of reasons.
CA under Rule 43, unless the CA directs
otherwise. Non-observance would be tantamount to no appeal being
filed thereby rendering the challenged decision, resolution or
Q: Permskul, who is the lessee of Francisco, vacated the order final and executory (Julian v. DBP, G.R. No. 174193,
property he had been leasing and requested for the December 7, 2011).
refund of his deposit. But Francsico rejected this request
However, failure to pay the appellate court docket fee within
because the lessee still owed him other charges.
the prescribed period warrants only discretionary as
Permskul sued in MTC of Makati, and a summary
opposed to automatic dismissal of the appeal and that the
judgment was rendered. The MTC decision was appealed court shall exercise its power to dismiss in accordance with
to the RTC, which was affirmed by Judge de la Rama in the tenets of justice and fair play and with great deal of
a memorandum decision. Permskul faults the CA for circumspection considering all attendant circumstances
sustaining the memorandum decision of the RTC, which (Julian v. DBP, G.R. No. 174193, December 7, 2011).
violates Art. VIII, Sec. 14 of the Constitution. Is the
incorporation by reference of the RTC’s memorandum to SECTION 6: DUTY OF THE CLERK OF COURT
the decision of the MTC a valid act that effectively
elevated the case to the CA? The original record or the record on appeal, the transcripts and
exhibits taken or submitted in the lower court shall be elevated
A: Yes. The distinctive features of the memorandum to the RTC. The lower court, being a court of record, transcripts
of the proceeding therein and the documentary evidence of the
decision are first, it is rendered by an appellate court, and
parties may be involved in the appeal, hence the specific
second, it incorporates by reference the findings of fact or mention thereof and 15 days within which the clerk of court
the conclusions of law contained in the decision, order or should comply with his duty under this section. A certification of
ruling under review. The idea is to avoid having to repeat the completeness of the documents transmitted to the appellate
in the body of the latter decision the findings or court must be furnished to the parties for their verification and
conclusions of the lower court since they are being appropriate action.
approved or adopted anyway.
SECTION 7: PROCEDURE IN THE REGIONAL TRIAL
COURT
1. Upon receipt of the complete record or record on Basis of the Decision

appeal, the clerk of court of the RTC shall notify
the parties of such fact; The RTC shall decide the case on the basis of the entire record
of proceedings had in the court of origin and such memoranda
as are filed.
2. Within 15 days from such notice, it shall be the
duty of the appellant to submit a memorandum NOTE: If the appellee does not file a memorandum, the case
which shall briefly discuss the errors imputed to shall be submitted for decision, but it does not follow that he will
which shall briefly discuss the errors imputed to lose the case.
the lower court, a copy of which shall be furnished
the adverse party. Appeal from MTC to RTC
NOTE: The memorandum is the counterpart of the Appeal decision of MTC by filing notice of appeal and pay
appellant’s brief in Rule 44. docket fees within 15 days from receipt of judgment.
Submission of appellant’s memorandum

Copies of the notice, and record on appeal when required,
The requirement for the submission of appellant’s shall be served on the adverse party.
memorandum is a mandatory and compulsory rule. Non-
compliance therewith authorizes the dismissal of the
appeal (Mejillano v. Lucillo, G.R. No. 154717, June 19, The MTC clerk transmits record to the RTC within fifteen
2009). (15) days from perfection of appeal.
Where the party had appeared by counsel in the inferior

court, the notice contemplated in this section should be The parties are given notice that the records have been
sent to the attorney (Elli, et al. v. Ditan, et al., G.R. No. received by the RTC.
L-17444, June 30, 1962); but if the notice was sent to the
party himself and he actually received the same, such
notice is valid and binding (Valuenzuela v. Balayo, G.R. 1. Within fifteen (15) days from notice of appeal -
No. L-18738, March 30, 1963; Cordoviz v. De Obias, Appellant submits memorandum to the RTC.
G.R. No/ L-21184, September 5, 1967).
2. Within fifteen (15) days from receipt of appellant’s
The judgment being appealed is presumed to be correct. memorandum – Appellee files his memorandum.
Appellant’s memorandum is a vital part of appeal because
it points out the errors of the judgement.
Upon the filing of the appellee’s memorandum, or the
Within 15 days from receipt of the appellant’s expiration of the period to do so, the case shall be
memorandum, the appellee may file his memorandum. considered submitted for decision.
Upon the filing of the memorandum of the appellee, or the
expiration of the period to do so, the case shall be
considered submitted for decision. If uncontested, the Any party may appeal by
judgment is entered in the filing a petition for review
Duty-bound to submit memorandum on appeal book of entries. with the CA.
Rule 40, Section 7 (b) provides that, "it shall be the duty of the
appellant to submit a memorandum" and failure to do so "shall SECTION 8: APPEAL FROM ORDERS DISMISSING CASE
be a ground for dismissal of the appeal." Thus, under the WITHOUT TRIAL; LACK OF JURISDICTION
express mandate of said Rule, the appellant is duty-bound to
submit his memorandum on appeal. Such submission is not a A. If the lower court dismissed the case without trial
matter of discretion on his part. His failure to comply with this on the merits, the RTC may:
mandate or to perform said duty will compel the RTC to dismiss
his appeal (Enriquez v. CA, G.R. No. 140473, January 28,
2003). 1. Affirm
In appeals from inferior courts to the RTC, the appellant's brief If ground of dismissal is lack of jurisdiction over the
is mandatory for the assignment of errors is vital to the decision subject matter and the RTC has jurisdiction, it shall try
of the appeal on the merits.
the case on the merits as if the case was originally
GR: This is because on appeal only errors specifically assigned filed therein; or
and properly argued in the brief or memorandum will be
considered. NOTE: The RTC shall try the case on the merits,
without prejudice to admission of amended pleadings
XPN: Those affecting jurisdiction over the subject matter as well and additional evidence.
as plain and clerical errors.
2. Reverse
Otherwise stated, an appellate court has no power to resolve an
unassigned error, which does not affect the court's jurisdiction
over the subject matter, save for a plain or clerical error In which case, it shall remand the case for further
(Enriquez v. CA, G.R. No. 140473, January 28, 2003). proceedings.
In other words, decision on a prior appeal of the same
NOTE: A dismissal on the ground of lack of case is held to be the law of the case, whether that
jurisdiction is a dismissal without prejudice (Rule 16, decision be right or wrong. Once a decision attains
Sec. 5). A dismissal without prejudice is not finality, it becomes the law of the case, whether or not said
appealable under Rule 41, Sec. 1(h). Nevertheless,
this section makes the MTC’s dismissal of the case decision is erroneous. Having been rendered by a court
on the ground of lack of jurisdiction appealable to the of competent jurisdiction acting within its authority, the
RTC. Since Rule 40, Sec. 9 provides that the judgment may no longer be altered even at the risk of
provisions of Rule 41 shall apply to Rule 40 only if legal infirmities and errors it may contain (BDO v.
they are not inconsistent with the latter rule; Rule 40, Transipek, G.R. No. 181235, July 22, 2009).
Sec. 8 (Appeal from orders dismissing case without
trial) should prevail over Rule 41, Sec. 1 (subject of Law of the case v. Res judicata
appeal).
In Res judicata, there are two (2) cases filed in separate
In other words, this section (Rule 40, Sec. 8, RoC) courts. It obtains where a court of competent jurisdiction
operates as an exception to the rule that dismissals has rendered a final judgment or order on the merits of
without prejudice are not appealable. the case, which operates as an absolute bar against a
subsequent action for the same cause. A substantial
B. If the case was tried on the merits by the lower identity is necessary to warrant the application of the rule
court without jurisdiction over the subject matter: (Navarro v. MBTC, G.R. No. 165697, August 4, 2009).
The RTC shall not dismiss the case if it has original In Law of the case, there is a matter elevated on appeal
jurisdiction, but shall decide the case, and shall admit from the same case, and the higher court has already
amended pleadings or additional evidence. ruled on the same case.
Purpose: To avoid double payment of docket fees. NOTE: No substantial distinction between an appeal and
a Petition for Certiorari when it comes to the application
NOTE: No other procedural law principle is indeed more of the doctrine of the law of the case.
settled than that once a judgment becomes final, it is no
longer subject to change, revision, amendment or The doctrine is founded on the policy of ending litigation.
reversal, except only for correction of clerical errors, or The doctrine is necessary to enable the appellate court to
the making of nunc pro tunc entries which cause no perform its duties satisfactorily and efficiently, which
prejudice to any party, or where the judgment itself is void. would be impossible if a question once considered and
The underlying reason for the rule is two-fold: (1) to avoid decided by it were to be litigated anew in the same case
delay in the administration of justice and thus make upon any and every subsequent appeal (BDO v.
orderly the discharge of judicial business, and (2) to put Transipek, G.R. No. 181235, July 22, 2009).
judicial controversies to an end, at the risk of occasional
errors, inasmuch as controversies cannot be allowed to SECTION 9: APPLICABILITY OF RULE 41
drag on indefinitely and the rights and obligations of every
litigant must not hang in suspense for an indefinite period The other provisions of Rule 41 shall apply to appeals
of time (Navarro v. MBTC, G.R. No. 165697, August 4, provided for herein insofar as they are not inconsistent with
2009). or may serve to supplement the provision of this Rule.
Law of the Case By virtue of this provision, the inferior courts also exercise
residual jurisdiction in the same manner provided under
As a general rule, where the evidence on a second/ Sec. 9 (5) of Rule 41.provided under Sec. 9 (5) of Rule 41.
succeeding appeal is substantially the same as that on
the first or preceding appeal, all matters or issues Conflict in the provisions of Rule 40 and 41
adjudicated on prior appeal are the law of the case on all
subsequent appeals and will not be any more re- If the provisions of Rule 40 and Rule 41 are in conflict,
adjudicated. and the decision being appealed is rendered by a lower
court, Rule 40 shall prevail because it specifically
provides for the rules on appeal from MTC to RTC.
RULE 41: APPEAL FROM THE REGIONAL TRIAL
COURTS 1. Judgments or final orders that completely
disposes of the case; or
This rule applies when the RTC is acting in its appellate 2. A particular matter therein when declared by the
jurisdiction. Rules to be appealable.
SECTION 1: SUBJECT OF APPEAL Non-Appealable Cases
Appealable Cases 1. Without Prejudice – Order dismissing without

prejudice;
An appeal may be taken from:
2. Petition for Review; and
NOTE: This refers to the several or separate 3. Appeal by Certiorari
judgments provided for in Rule 36 and appeals
therefrom are not absolutely prohibited but Ordinary Appeal (Appeal by Writ of Error)
depend upon the circumstances of the case and
the sound discretion of the court. Where judgment was rendered by the court in the
exercise of its original jurisdiction. It is taken to the Court
2. Execution – Order of execution; of Appeals on questions of fact and law.
3. Pending – Judgment or final orders for or against
one or more of several parties or in a separate NOTE: Covered by Rule 41.
claim while the main case is pending;
4. Appeal – Orders disallowing or dismissing an Petition for Review
appeal;
Where judgment was rendered by the court in the
5. Interlocutory order; exercise of its appellate jurisdiction. It is brought to the
Court of Appeals on questions of fact, questions of law, or
NOTE: Where the order is interlocutory, the mixed questions of fact and law.
movant has to wait for the judgment and the
appeal from the judgment, in the course of which NOTE: Covered by Rule 42.
appeal he can assign as error the said
interlocutory order. The interlocutory order Appeal by Certiorari (Petition for Review on
cannot be appealed from separately from the Certiorari)
judgment (Mapua v. Suburban Theaters, Inc.,
G.R. No. L-797, July 24, 1948). The general rule This mode is brought to the Supreme Court from the
is that where the interlocutory order was rendered decision of the Regional Trial Court in the exercise of its
without or in excess of jurisdiction or with grave original jurisdiction and only on questions of law.
abuse of discretion, the remedy is certiorari,
prohibition or mandamus depending on the facts Certiorari is a remedy designed for the correction of errors
of the case. of jurisdiction, not errors of judgment. Consequently, an
error of judgment that the court may commit in the
6. Denials – Orders denying a petition for relief or exercise of its jurisdiction is not correctable through the
any similar motion seeking relief from judgment original civil action of certiorari (Madrigal Transport v.
(motion to set aside judgment by consent, Lapanday Holding, G.R. No. 156067, August 11, 2004).
confession, compromise on the ground of fraud,
mistake, duress or any ground vitiating consent) NOTE: Covered by Rule 45.
Questions of Fact v. Question of Law

Under Rule 41, Section 1(h), no appeal may be taken
from an order dismissing an action without prejudice. It
There is question of law when the doubt or difference
may be subject of a special civil action for certiorari under
arises as to what the law is on a certain state of facts.
Rule 65 (Makati Insurance v. Reyes, G.R. No. 167403,
There is question of fact when the doubt or difference
August 06, 2008).
arises as to the truth or the falsehood of alleged facts
(Sesbreño v. Court of Appeals, 240 SCRA 606)
Remedy for Non-Appealable Cases
Comparison of Modes of Appeal
The aggrieved party may file an appropriate special civil
action as provided in Rule 65.
ORDINARY PETITION APPEAL BY
APPEAL FOR REVIEW CERTIORARI
The remedy against a judgment for declaration for
(Rule 41) (Rule 42) (Rule 45)
presumptive death filed pursuant to Article 41 of the
Family Code is Rule 65, not appeal, because said WHEN
judgment is immediately final and executory (Republic v. Case is
Case is
Granada, G.R. No. 187512, June 13, 2012). decided by the Case
decided by the
MTC, appealed from
RTC in its
SECTION 2: MODES OF APPEAL appealed to RTC to SC or
original
the RTC; CA to SC;
jurisdiction;
There are three modes of appeal from the decision of petition for raises only a
appealed to
the Regional Trial Court: review with the question of law
CA
CA
1. Ordinary Appeal; HOW
1. File a agencies possess
1. File a
1. File a verified specialized knowledge
verified
notice of petition for and expertise in their
petition for
appeal or review respective fields
review
a record with the Not used in the Philippine Established standard
with the
appeal SC; legal system
CA;
with the
court of 2. Pay fees;
2. Pay fees Factual findings made by quasi-judicial and administrative
origin;
with CA; bodies when supported by substantial evidence are
3. Submit
2. Pay fees proof of accorded great respect and even finality by the appellate
3. Furnish courts (Cosmos Bottling Corporation v. Pablo
with MTC; service of
the RTC Nagrama, Jr., G.R. No. 164403, March 04, 2008).
copy to the
and
3. Give copy lower court
adverse SECTION 3: PERIOD OF ORDINARY APPEAL
to adverse and
party with
party. adverse
a copy. The appeal shall be taken within:
party.
S 1. 15 Days from notice of the judgment or final order
Within 15 Within 15 days Within 15 appealed from;
days of notice from notice days from 2. 30 Days from notice of the judgment or final
of judgment or from notice of notice of the
order, where a record of appeal is required;
from the denial the decision to decision to be
of the MR or be reviewed or reviewed or 3. 48 Hours from notice of the judgment or final
MNT for notice from the denial from the denial order appealed from in habeas corpus cases.
of appeal of the MR or of the MR or
MNT MNT NOTE: Record on appeal is needed for special
Within 30 proceedings such as probate, partition and expropriation
days for cases Court may Court may proceedings. The notice of appeal must be directed on the
with record on grant an grant original order not the resolution denying the motion for
appeal additional 15 extension of reconsideration of the final order (Oro v. Diaz, 361 SCRA
days from time to file 108).
payment petition
Interruption of Period to Appeal
The special civil action for certiorari and appeal are two
different remedies that are mutually exclusive they are not The period to appeal shall be interrupted by a timely motion for
alternative or successive. Where appeal is available, new trial or reconsideration. No motion for extension of time to
certiorari will not prosper, even if the ground therefore is file a motion for new trial or reconsideration shall be allowed.
grave abuse of discretion. Basic is the rule that certiorari In order to interrupt, the motion for reconsideration or motion for
is not a substitute for the lapsed remedy of appeal new trial must be with the requisite proof of service to the other
(Madrigal Transport v. Lapanday Holding, G.R. No. party filing the motion in due time. NOTE: It is not required to file
156067, August 11, 2004). a motion for reconsideration or new trial before one can file a
notice for appeal. However, under A.M. No. 02-11-10-SC, in
Difference between Doctrine of Conclusive Finality petitions for judgment of nullity of marriage, annulment of
and Doctrine of Great Respect and Finality marriage, or legal separation, it is a pre-requisite to file a motion
for reconsideration before one can appeal.
DOCTRINE OF GREAT
DOCTRINE OF Since second and third motion for reconsiderations are
RESPECT AND prohibited, the running of the period to file a notice of appeal has
CONCLUSIVE FINALITY
FINALITY not been tolled (Obando v. Court of Appeals, 366 SCRA 673).
Applies to factual findings Applies to factual findings
of administrative of administrative agencies Fresh Period Rule (Neypes Ruling)
agencies in the exercise in the exercise of their
of their quasi-judicial quasi-judicial function. A fresh period of 15 days within which to file the notice of
function. appeal in the Regional Trial Court, counted from receipt
No evidentiary Must be supported by of the order denying the motion for new trial, motion for
requirement substantial evidence reconsideration (whether full or partial) or any final order
or resolution (Neypes v. Court of Appeals, G.R. No.
Based on comity Based on the doctrine 141524, September 14, 2005).
that administrative

As reflected in the the decision in Neypes, the "fresh
period rule" shall apply to the following: The record on appeal should include:
1. Rule 40 (appeals from the Municipal Trial Courts
to the Regional Trial Courts); 1. Full names of all the parties to the proceedings
2. Rule 41 (appeals from the Regional Trial Courts stated in the caption of the record (do not implead
to the Court of Appeals or Supreme Court); court or judge);
2. The judgment or final order from which the appeal is
3. Rule 42 (appeals from the Regional Trial Courts
taken;
to the Court of Appeals);
3. In chronological order, copies of only such
4. Rule 43 (appeals from quasi-judicial agencies to
pleadings, petitions, motions, and all interlocutory
the Court of Appeals); and
orders as are related to the appealed judgment for
5. Rule 45 (appeals by certiorari to the Supreme the proper understanding of issues of law or fact
Court) (Panolino v. Tajala, G.R. No. 183616, involved in the appeal;
June 29, 2010). 4. Such data as will show that the appeal was
perfected on time (Material Data Rule);
SECTION 4: APPELLATE COURT DOCKET AND 5. Reference; and
OTHER LAWFUL FEES 6. Subject index, of record on appeal exceeds 20
pages.
Within the period for taking an appeal, the appellant shall
pay to the clerk of the court which rendered the judgment
or final order appealed from, the full amount of the The requirement that the record on appeal must show on its
face that the appeal was perfected on time is mandatory and
appellate court docket and other lawful fees.
jurisdictional and, if not complied with, the appellate court
acquires no jurisdiction and the appeal must be dismissed
Proof of payment of said fees shall be transmitted to the (Araneta v. Madrigal & Co., Inc., G.R. No. L-26227-28,
appellate court together with the original record on October 25, 1966).
appeal.
Section 6, Rule 41 obviously refers to the record on appeal
Failure to Pay filed with the trial court, not to the printed record on appeal
filed in the appellate court. At any rate, the appellate court is
Failure to pay docket fee is a ground for dismissal of in a position to determine the date aforementioned, by
appeal. This rule cannot be suspended by the mere examining the original record on appeal thereto forwarded
invocation of “the interest of substantial justice.” and, hence, forming part of its own record (Reyes v.
Procedural Rules may be relaxed only in exceptionally Carrasco, G.R. No. L-28783, March 31, 1971; Sison v.
meritorious circumstances (Lazaro v. Court of Appeals, Gatchalian, et al., G.R. No. L-34709, June 15, 1972).
G.R. No. 137761, April 6, 2000).
It is the trial court’s duty to determine whether or not the
SECTION 5: NOTICE OF APPEAL appeal has been actually perfected on time and to allow the
amendment of the record on appeal in order to include
Notice of appeal must specify the following matters: therein any relevant omitted data (Design Masters, Inc. v.
CA, et al., G.R. No.L-31510, March 31, 1971; Ozaeta, Jr.,
1. Parties to the appeal; et al. v. CA, et al., G.R. No. L-26938, October 29, 1971).
2. Judgment or final order or part thereof appealed
The “material data rule” enunciated in Sec. 6, Rule 41 need
from; not be observed if the trial court issued an order to the effect
3. The court to which the appeal is being taken; and that the appeal was seasonable perfected with the filing of
4. Material dates showing the timeliness of the appeal the notice of appeal, and the record on appeal (and, formerly,
the appeal bond) within the reglementary period (Pimentel,
(Material Data Rule) et al. v. CA et al., G.R. No. L-39684, June 27, 1975).
Even if no notice of appeal was filed, such defect may be SECTION 7: APPROVAL OF RECORD ON APPEAL
disregarded if there was a record on appeal duly filed, as the
same is equivalent to a notice of appeal (Calo et al. v. CFI If the appeal is through a record on appeal:
of Agusan, 98 Phil. 420). Hence, the failure to serve a copy
of the notice of appeal to the adverse party who was, 1. File a record on appeal
however, served with a copy of the record on appeal wherein
such notice of appeal is embodied, does not impair the right 2. If no objection is filed by the appellee within five
of appeal (Director of Lands, et al. v. Reyes, et al., G.R. days from receipt of a copy thereof, the trial court
No. L-27594, November 28, 1975). may:
a. Approve it as presented; or
SECTION 6: RECORD ON APPEAL; FORM AND b. Upon its own motion or at the instance of the
CONTENTS appellee, direct its amendment by the
inclusion of any omitted matters which are Petitioner PNB's appeal is deemed perfected "as to it"
deemed essential to the determination of the when it timely led its first notice of appeal, following
issue of law or fact involved in the appeal Section 9, Rule 41. Its appeal having been perfected,
petitioner did not need to file a second notice of appeal
If the trial court orders the amendment even if the trial court granted, as it did, the other party's
motion for reconsideration and modified the decision to
If the trial court orders the amendment of the record, the increase the monetary award (PNB v. Sps Cordova,
appellant must redraft the record within the time fixed by G.R. No. 169314, May 14, 2008).
the order or if there is no time specified, within 10 days
from receipt thereof. Where appeal is available to the aggrieved party, the
action for certiorari will not be entertained. Remedies of
The amendment shall include such additional matters as appeal and certiorari are mutually exclusive, not
the court may have directed the appellant to incorporate alternative or successive. Hence, certiorari is not and
in their proper chronological sequence. cannot be a substitute for an appeal (Madrigal Transport
v. Lapanday Holding, G.R. No. 156067, August 11,
The appellant shall submit the redrafted record for 2004).
approval with notice to the appellee (Rule 41, Sec. 7,
RoC). Residual Jurisdiction
SECTION 8: JOINT RECORD ON APPEAL "Residual jurisdiction" of the trial court is available at a
stage in which the court is normally deemed to have lost
Where both parties are appellants, they may file a joint jurisdiction over the case or the subject matter involved in
record on appeal within 30 days from notice of the the appeal. This stage is reached upon the perfection of
judgment or final order, or that fixed by the court. the appeals by the parties or upon the approval of the
records on appeal, but prior to the transmittal of the
SECTION 9: PERFECTION OF APPEAL; EFFECT original records or the records on appeal (DBP v. Carpio,
THEREOF G.R. No. 195450, February 01, 2017).
An appeal is deemed perfected in the following Q: What is the residual power of the Regional Trial Court?
instances:
A: Prior to the transmittal of the original record or the
1. A party’s appeal by notice of appeal is deemed record on appeal, the court may:
perfected as to him upon the filing of the notice of
appeal in due time. 1. Issue orders for the protection and preservation
of the rights of the parties which do not involve
2. A party’s appeal by record on appeal is deemed any matter litigated by the appeal;
perfected as to him with respect to the subject 2. Approve compromises;
matter thereof upon the approval of the record on 3. Permit appeals of indigent litigants;
appeal filed in due time (Tan, pg. 1281, 2017 4. Order execution pending appeal in accordance
ed.). with 2 of Rule 39; and
5. Allow withdrawal of the appeal (Rule 41, Sec. 9,
When does the court lose its jurisdiction? RoC).
NOTICE OF APPEAL RECORD ON APPEAL Before the trial court can be said to have residual
The court loses its jurisdiction over a case, a trial on the merits must have
The court loses its jurisdiction only over the been conducted; the court rendered judgment; and the
jurisdiction over the case subject matter thereof aggrieved party appealed therefrom (DBP v. Carpio,
upon the perfection of upon the approval of the G.R. No. 195450, February 01, 2017).
appeals filed in due time records on appeal filed in
and the expiration of the due time and the
time to appeal of the other expiration of the time to
parties. appeal of the other
parties.
NOTE: The appeal is perfected as to the court upon the

perfection of appeals filed in due time and the expiration
of the time to appeal of the other parties.

SECTION 12: TRANSMITTAL
SECTION 10: DUTY OF CLERK OF COURT OF THE
LOWER COURT UPON PERFECTION OF APPEAL Q: What are the documents to be transmitted to the
appellate court?
Q: What are the duties of a clerk of court of the lower court
upon perfection of appeal? A: The clerk of the trial court shall:
A: Within thirty (30) days after perfection of all the appeals 1. Transmit to the appellate court the original record
in accordance with the preceding section, it shall be the or the approved record on appeal within thirty (30)
duty of the clerk of court of the lower court: days from the perfection of the appeal;
2. Together with the proof of payment of the
1. To verify the correctness of the original record or
appellate court docket and other lawful fees;
the record on appeal, as the case may be aid to
3. A certified true copy of the minutes of the
make certification of its correctness;
proceedings;
2. To verify the completeness of the records that will
4. The order of approval;
be, transmitted to the appellate court;
5. The certificate of correctness;
3. If found to be incomplete, to take such measures
6. The original documentary evidence referred to
as may be required to complete the records,
therein; and
availing of the authority that he or the court may
7. The original and three (3) copies of the
exercise for this purpose;
transcripts.
4. To transmit the records to the appellate court; and
5. If the efforts to complete the records fail, he shall
Copies of the transcripts and certified true copies of the
indicate in his letter of transmittal the exhibits or documentary evidence shall remain in the lower court for
transcripts not included in the records being the examination of the parties (Rule 41, Sec. 12, RoC).
transmitted to the appellate court, the reasons for
their non-transmittal, and the steps taken or that SECTION 13: DISMISSAL OF APPEAL
could be taken to have them available.
Q: When will the trial court dismiss the appeal?
The clerk of court shall furnish the parties with copies of
A: Prior to the transmittal of the original record or the
his letter of transmittal of the records to the appellate court
record on appeal to the appellate court, the trial court
may motu propio or on motion dismiss the appeal:
SECTION 11: TRANSCRIPT
1. For having been taken out of time; or
Q: What is the rule on the transcript of stenographic notes? 2. Non-payment of the docket and other lawful fees
within the reglementary period (Tan, p. 1286,
A: Upon the perfection of the appeal, the clerk shall 2017 ed.).
immediately direct the stenographers concerned to:
The power of the trial court to disallow or disapprove a
1. Attach to the record of the case five (5) copies of the notice of appeal that has been filed out of time is expressly
transcripts of the testimonial evidence referred to in recognized by the Rules of Court. The approval of the
the record on appeal; notice becomes a ministerial duty of the court only when
2. The stenographers concerned shall transcribe such the appeal is filed on time. Otherwise, the court has the
testimonial evidence and shall prepare and affix to discretion to refuse or disallow it in accordance with the
their transcripts an index containing the names of Rules (Oro v. Diaz, G.R. No. 140974, July 11, 2001).
the witnesses and the pages wherein their
testimonies are found, and a list of the exhibits and RULE 42: Petition for Review from the Regional Trial
the pages wherein each of them appears to have Courts to the Court of Appeals
been offered and admitted or rejected by the trial
court; and Rule 42 applies to an appeal from the judgment or final order
3. The transcripts shall be transmitted to the clerk of of the RTC to the CA in cases decided by the former in the
the trial court who shall thereupon arrange the same exercise of its appellate jurisdiction.
in the order in which the witnesses testified at the
A petition for review may not be treated as a notice of appeal.
trial, and shall cause the pages to be numbered
These modes of appeal clearly remain distinct procedure
consecutively (Rule 41, Sec. 10, RoC). which cannot be loosely interchanged with one another. A
notice of appeal is filed with the RTC that rendered the
assailed decision, judgment or final order, while a petition for 2. State material dates. (to show the timeliness of
review is filed with the CA. appeal)
SECTION 1: HOW APPEAL TAKEN; TIME FOR 3. State matters involved, and the issues/errors
FILING allegedly committed by the RTC.
When can there be a Petition for Review with the 4. State the arguments.
CA?
5. Attach certified true copies of the assailed orders.
When the RTC acts on its appellate jurisdiction and the
party wishes to appeal on errors of fact, or law, or both 6. Attach relevant pleadings.
fact and law. This is the first instance when the CA can
decide on pure questions of law. The appeal shall be 7. Verification and Certification for non-forum shopping
made within 15 days from notice of the decision sought (Rule 42, Sec. 2, RoC).
to be reviewed or of the denial of petitioner’s motion for
new trial or reconsideration filed in due time after
judgement. NOTE: A certificate of non-forum shopping is required even
if a petition for review is not an initiatory pleading (Anderson
How to file Petition for review? v. Ho, G.R. No. 172590, January 7, 2013).
1. File a verified petition Q: Why is there no need to implead lower courts and judges?
2. Pay proper docket fees and other lawful fees, A: In petition for review, you do not implead the lower court
judge because it is not about grave abuse of discretion.
depositing the amount of P500 for costs.
Q: Why is there a need to attach relevant pleadings?
3. Must be filed within 15 days from receipt of the
final order or decision A: It is necessary because in petition for review, the records
are not brought to the CA. It stays with the RTC.
4. Copy of the decision must be served to the RTC Pleadings other than Petition and Comment
and adverse party
CA correctly dismissed the petition because the complaint,
5. Upon proper motion and payment of docket fees answer and the parties’ position papers which they filed
before the MTC and the RTC were not attached (Canton v.
and other lawful fees, the CA may grant an
City of Cebu, G.R. No. 152898, February 12, 2007).
extension of time to file the petition.
Filing of a reply and a rejoinder are not a matter of right. One
should wait for the order of the court allowing the submission
NOTE: Such motion and payment must be made of said pleadings.
within the reglementary period. However, no
further extension shall be granted except for the SECTION 3: EFFECT OF FAILURE TO COMPLY WITH
most compelling reason and in no case to exceed THE REQUIREMENTS
15 days (Rule 42, Sec. 1, RoC).
Failure of the petitioner to comply with any of the
The Neypes ruling applies to criminal cases. B.P. Blg. requirements shall be sufficient ground for the
129, as amended, the substantive law on which the Rules dismissal:
of Court is based, makes no distinction between the
periods to appeal in a civil case and in criminal case (Yu 1. Payment of the proper docket and other lawful
v. Hon. Rosa Samson-Tatad, G.R. No. 170979, fees,
February 9,2011). 2. Deposit of costs,
3. Proof of service of the petition, and
SECTION 2: FORM AND CONTENTS
4. Contents of and the documents which should
Requirements as to form: accompany the petition
1. State the full name of the parties to the case. NOTE: CA may dismiss the petition if it finds the same to
Lower courts and judges should not be be patently without merit, prosecuted merely for delay or
impleaded. that the questions raised are too unsubstantial to require
consideration.
SECTION 4: ACTION ON THE PETITION

committed an error on fact, or law, or on both fact and law,
After the filing of the petition for review, the CA will then that will warrant a reversal or modification of judgment
read the petition to see whether it is complete in sought to be reviewed or dismiss the petition if it finds that it
substance and in form. is patently without merit; prosecuted manifestly for delay; the
questions raised therein are too insubstantial to require
If all requirements have been complied with consideration (Rule 42, Sec. 4, RoC).
CA may issue an Order for the respondent to file his If upon the filing of the comment or such other pleadings as
the court may allow or require, or after the expiration of the
Comment on the petition. The comment should be filed
period for the filing thereof without such comment or pleading
within a period of 10 days from the notice of the order.
having been submitted, the Court of Appeals finds prima
facie that the lower court has committed an error of fact or
CA may dismiss the petition if it finds the same to be: law that will warrant a reversal or modification of the
appealed decision, it may accordingly give due course to the
1. Patently without merit; or petition (Rule 42, Sec. 6, RoC).
2. Prosecuted manifestly for delay; or
3. The questions raised therein are too SECTION 7: ELEVATION OF RECORD
unsubstantial to require consideration.
The records in the RTC need not be elevated to the CA. It is
only discretionary on the part of the CA to order the elevation
SECTION 5: CONTENTS OF COMMENT
of records to it from the RTC. This is because until the
petition is given due course, the trial court may still issue a
The comment of the respondent shall be filed in: writ of execution pending appeal and some cases such as
ejectment and those of Summary Procedure are immediately
1. Seven (7) legible copies, executory.
2. Accompanied by certified true copies of such The CA may order the clerk of court of the RTC to elevate
material portions of the record referred to therein the original record of the case including the oral and
together with other supporting papers and shall: documentary evidence within 15 days from notice (Rule 42,
Sec. 7, RoC).
a. State whether or not he accepts the
SECTION 8: PERFECTION OF APPEAL; EFFECT
statement of matters involved in the
THEREOF
petition;
Q: When is appeal perfected?
b. Point out such insufficiencies or
inaccuracies as he believes exist in the A: The appeal is perfected as to the petitioner upon the timely
petitioner's statement of matters involved filing of a petition for review and the payment of the
corresponding docket and other lawful fees.
but without repetition; and
Effect of perfected appeal under Rule 42
c. State the reasons why the petition
should not be given due course. A copy Upon perfection of appeal, the RTC loses its jurisdiction over the
thereof shall be served on the petitioner. case and it expires the time of the other parties to appeal.
The appeal stays the execution (meaning it will not be

executory yet) except:
Q: What is the effect of not filing a comment?
1. CA, or the law provides otherwise; or
A: The respondent will not be declared in default because 2. For cases in Summary Procedure, which are
this is no longer a trial before the trial court. The CA will immediately executory.
resolve the case on the basis of the petition if it finds merit
on giving due course to such. However, the CA might hold As long as the judgment is still pending appeal, even if such is
the respondent liable for contempt for not obeying the final, it is not yet executory.
order of the CA.
Doctrine of Residual Jurisdiction
SECTION 6: DUE COURSE
The doctrine of residual jurisdiction also applies to rule 42. RTC
loses jurisdiction over the case upon perfection of the appeals
Petition for review is not a matter of right filed in due time and the expiration of the time to appeal of the
other parties. The RTC has residual powers because the
It is discretionary upon the CA. It may only be given due records are still with them as provided by Rule 42, it need not be
course if it shows on its face that the lower court has elevated to the CA.
Before the CA gives due course to the petition for Agencies enumerated under rule 43
review, the RTC may issue orders:
1. Civil Service Commission;
1. For the protection and preservation of the rights 2. Central Board of Assessment Appeals;
of the parties which does not involve any matter 3. Securities and Exchange Commission;
litigated by the appeal 4. Office of the President;
2. To approve compromises 5. Land Registration Authority;
3. To permit appeals of the indigent litigants 6. Social Security Commission;
4. To order execution pending appeal in accordance 7. Civil Aeronautics Board;
with Section 2, Rule 39 8. Bureau of Patents, Trademarks and Technology
5. To allow withdrawal of appeal (Rule 42, Sec. 8, Transfer;
RoC). 9. National Electrification Administration;
10. Energy Regulatory Board;
SECTION 9: SUBMISSION FOR DECISION 11. National Telecommunications Commission;
12. Department of Agrarian Reform under RA 6657;
If the petition is given due course: 13. Government Service Insurance System;
14. Employee Compensation Commission;
1. The case may be set for oral argument; or
15. Agricultural Inventions Board;
2. The parties may be required to submit
16. Insurance Commission;
memoranda within 15 days from notice;
17. Philippine Atomic Energy Commission;
3. Case shall be deemed submitted for decision
18. Board of Investments;
upon filing of the last pleading or memorandum.
19. Construction Industry Arbitration Commission; and
20. Voluntary Arbitrators authorized by law
RULE 43 – APPEALS FROM THE [COURT OF TAX
APPEALS AND] QUASI-JUDICIAL AGENCIES TO NOTE: Include the voluntary arbitrator appointed and
THE COURT OF APPEALS accredited under the Labor Code or pursuant to the
provisions of R.A. No. 876, as they are considered
Court of Tax Appeals (CTA) should be omitted from included in the term “quasi-judicial instrumentalities”
(Luzon Development Bank v. Association of Luzon
the title of Rule 43
Development Bank Employees, et al., G.R. No.
120319, October 6, 1995).
Appeals from the CTA shall be taken to the Supreme
Court (via Rule 45), pursuant to Republic Act No. 1125. A.M. No. 04-9-07 SC Re Mode of Appeal in Cases
CTA levels with the CA in terms of hierarchy. Formerly Cognizable by the Securities and
Exchange Commission
An appeal from a decision or resolution of the CTA in
Division on an MNT or MR shall be taken to the CTA En All decisions and final orders in cases falling under the Interim
Banc by petition for review as provided in Rule 43 of the Rules of Corporate Rehabilitation and the Interim Rules of
Rules of Court. Procedures Governing Intra-Corporate Controversies under
Republic Act No. 8799 shall be appealable to the Court of
A party adversely affected by a decision or ruling of the Appeals through a petition for review under Rule 43 of the Rules
CTA en banc may appeal therefrom by filing with the SC of Court.
a verified petition for review on certiorari within 15 days
from receipt of a copy of the decision or resolution, as Office of the President (OP)
provided in Rule 45 of the Rules of Court. If such party
has filed a MR or for new trial, the period herein fixed shall Case decided by CAO, appealed to the DTI. DTI
run from the party’s receipt of a copy of the resolution dismissed. Decision of the DTI was appealed to the OP.
denying the motion for reconsideration or for new trial. OP reversed the decision. Complainant filed a petition for
certiorari with the CA alleging lack of jurisdiction of the OP
SECTION 1: SCOPE for ruling cases of Consumers Law. CA dismissed the
petition on the ground of wrong mode of appeal. MR
Appeals from awards, judgments, final orders, or resolutions of denied as well. In this case, a special law, RA 7394,
or authorized by any quasi-judicial agency in the exercise of its likewise expressly provided for immediate judicial relief
quasi-judicial functions. from decisions of the DTI Secretary by filing a petition for
certiorari with the “proper court”. Hence, private
Quasi-judicial agency respondent should have elevated the case directly to the
CA through a petition for certiorari. In filing a petition for
It is an organ of the government other than a court and other
certiorari before the CA raising the issue of OP’s lack of
than a legislature, which affects the rights of private parties
either through adjudication or rulemaking. jurisdiction, complainant Moran, Jr., thus availed of the
proper remedy (Moran, Jr. v. Office of the President, 1. Office of the City Prosecutor – OCP is not a quasi-
G.R. No. 192957, September 29, 2014). judicial agency since it does not decide on the rights
and obligations of the parties. Decisions of the OCP
NOTE: Proper court – Rule 43 will apply because you should be appealed to the DOJ via petition for
have a quasi-judicial agency, therefore you will appeal via review and not to the CA.
Rule 43.
2. Department of Justice (DOJ) – The decision of the
Decisions of the RTC acting as a Special Commercial
DOJ cannot be appealed to the CA via Rule 43
Court
because the DOJ is not a quasi-judicial body
All decisions and final orders in cases falling under the: (Santos v. Go, G.R. No. 156081, October 15,
(1) Interim Rules of Corporate Rehabilitation; and (2) The 2004).
Interim Rules of Procedure Governing Intra-Corporate
Controversies under R.A. No. 8799, shall be appealable 3. Review of judgments of the Commission on
to the CA through a petition for review under Rule 43 of Elections (COMELEC) and Commission on Audit
the Rules of Court. (COA) may be brought by the aggrieved party to the
SC on certiorari under Rule 65 by filing a petition
Rule 43 of the Rules of Court prescribes the procedure to within 30 days from notice (Rule 64, Secs. 2 & 3,
assail the final orders and decisions in corporate RoC).
rehabilitation cases fled under the Interim Rules of
Procedure on Corporate Rehabilitation. Liberality in the SECTION 2: CASES NOT COVERED
application of the rules is not an end in itself. It must be
pleaded with factual basis and must be allowed for Exception to Rule 43
equitable ends. There must be no indication that the
violation of the rule is due to the negligence or design. This Rule shall not apply to judgments or final orders issued
Liberality is an extreme exception, justifiable only when under the Labor Code of the Philippines.
equity exists (Viva Shipping Lines, Inc. v. Keppel
Philippines Mining, Inc., G.R. No. 177382, February Judgements and final orders or resolutions of the NLRC are
16, 2016). brought to the Court of Appeals via Rule 65, then up to the SC
via Rule 45 (pursuant to St. Martin’s Funeral Homes v.
NLRC, G.R. No. 130866, September 16, 1998).
Other quasi-judicial bodies covered by Rule 43
1. Professional Regulations Commission (PRC) – Judgments and final orders or resolutions of the Employees
The PRC is not expressly mentioned as one of Compensation Commission should be brought to the CA
the agencies which are expressly enumerated through a petition for review under this Rule (Regalado, 2008).
under Rule 43, Section 1 of the Rules of Court,
SECTION 3; WHERE TO APPEAL
however, its absence from the enumeration does
not, by this fact alone, imply its exclusion from the Appeals from judgment and final orders of quasi- judicial
coverage of said Rule. The phrase “among these bodies/agencies enumerated in Rule 43 are now required to
agencies” confirms that the enumeration made in be brought to the Court of Appeals under the requirements
the Rule is not exclusive to the agencies therein and conditions set forth in Rule 43, whether the appeal
involves questions of law, of fact, or mixed questions of
listed (Cayao-Lasam v. Sps. Ramolete, G.R.
fact and law.
No. 159132, December 18, 2008).
This is another instance when the Court of Appeals can
2. National Water Resources Board – Petitioner is review solely questions of law. The other instance when the
not in the list of the quasi-judicial agencies Court of Appeals can review solely questions of law is in Rule
specifically mentioned in Rule 43. The list of 42 (Petition for Review from the RTC).
quasi-judicial agencies specifically mentioned in In an appeal via certiorari, only questions of law may be
Rule 43 is not meant to be exclusive. The reviewed. A question of law arises when there is doubt or
employment of the word “among” clearly instructs difference as to what the law is on a certain state of facts
so (National Water Resources Board v. A.L. (Zaragoza v. Noblez, G.R. No. 144560, May 13, 2004).
Ang Network, Inc., G.R. No. 186450, April 14,
In view of absence of any of the recognized exceptions that
2010). would warrant a review of the findings of facts of the
appellate court, the issue raised by petitioner as regards the
Other quasi-judicial bodies NOT covered by Rule 43 date of the filing of the petition for review will not be
considered by the SC, the resolution thereon by the CA being
final (Ibid).
appeal has been filed (St. Louis University v.
The question on whether petitioner can retire under RA Cobarrubias, G.R. No. 187104, August 3, 2010).
660 or RA 8291 is undoubtedly a question of law because
it centers on what law to apply in his case considering that Exemption from payment
he was previously retired from the government under a
particular statute and that he was re-employed by the Exemption from payment of docketing and other lawful
government. These facts are admitted and there is no fees and the deposit for costs may be granted by the
need for an examination of the probative value of the Court of Appeals upon a verified motion setting forth valid
evidence presented (Santos v. Committee on Claims grounds therefor.
Settlement, G.R. No. 158071, Spril 2, 2009).
If the Court of Appeals denies the motion, the petitioner
SECTION 4: PERIOD OF APPEAL shall pay the docketing and other lawful fees and deposit
for costs within fifteen (15) days from notice of the denial.
The appeal shall be taken within fifteen (15) days from:
SECTION 6: CONTENTS OF THE PETITION
1. Notice of the award, judgment, final order or
resolution, or 1. State the full names of the parties to the case, without
2. From the date of its last publication, if publication impleading the court or agencies either as petitioners
or respondents;
is required by law for its effectivity, or
2. Contain a concise statement of the facts and issues
3. The denial of petitioner's motion for new trial or
involved and the grounds relied upon for the review;
reconsideration duly filed in accordance with the 3. Be accompanied by a clearly legible duplicate original
governing law of the court or agency a quo. or a certified true copy of the award, judgment, final
order or resolution appealed from, together with
NOTE: Applicability of the Neypes ruling. certified true copies of such material portions of the
record referred to therein and other supporting papers;
When extension is allowed:
NOTE: The copies of the pleadings need not be
1. Upon proper motion; AND certified true copies. The only document that needs to
2. Payment of the full amount of the docket fee be certified is the decision and the Order denying the
MR. Rule 42 should not be stricter than Rule 45 and
before the expiration of the reglementary period. Rule 65 (Gonzales v. Civil Service Commission,
G.R. No. 139131, September 27, 2002).
The Court of Appeals may grant an additional period of
fifteen (15) days only within which to file the petition for The terms “Certified True Copy” and “Duplicate
review. No further extension shall be granted except for Original” as found in paragraph 6(c) of Revised
the most compelling reason and in no case to exceed Administrative Circular No. 1-95 were clarifioed in
fifteen (15) days. Administrative Circular No. 3-96 which further provided
that: the "duplicate original copy" shall be understood
to be that copy of the decision, judgment, resolution or
SECTION 5: HOW APPEAL TAKEN order which is intended for and furnished to a party in
the case or proceeding in the court or adjudicative body
1. By filing a verified petition for review in seven (7) which rendered and issued the same. The "certified
legible copies with the Court of Appeals; true copy" thereof shall be such other copy furnished
2. With proof of service of a copy thereof on the to a party at his instance or in his behalf, duly
authenticated by the authorized officers or
adverse party and on the court or agency a quo; representatives of the issuing entity as hereinbefore
a. The original copy of the petition intended specified. The rationale behind the need for the
for the Court of Appeals shall be submission of the CTC is the fact that the records of
the case will no longer be transmitted to the appellate
indicated as such by the petitioner.
court (Jaro v. CA, G.R. No. 127536, February 19,
3. Upon the filing of the petition, the petitioner shall 2002).
pay to the clerk of court of the Court of Appeals
the docketing and other lawful fees; and 4. Contain a sworn certification against forum
4. Deposit the sum of P500.00 for costs. shopping as provided in the last paragraph of
section 2, Rule 42; and
NOTE: Payment of full docket fees within the prescribed 5. State the specific material dates showing that it
period is not only mandatory, but also jurisdictional. It is was filed within the period fixed herein (Material
an essential requirement, without which the decision Data Rule).
appealed from would become final and executory as if no

SECTION 7: EFFECT OF FAILURE TO COMPLY WITH the court or agency concerned to transmit the original or
REQUIREMENTS a legible certified true copy of the entire record of the
proceeding under review.
The failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the The record to be transmitted may be abridged by
docket and other lawful fees, the deposit for costs, proof agreement of all parties to the proceeding. The Court of
of service of the petition, and the contents of and the Appeals may require or permit subsequent correction of
documents which should accompany the petition shall be or addition to the record.
sufficient ground for the dismissal thereof.
NOTE: The rationale behind the need for the submission
SECTION 8: ACTION ON THE PETITION of the certified true copy of the entire record of the
proceeding under review is the fact that the records of the
Action by the Court of Appeals case will no longer be transmitted to the appellate court.
CA may require respondent to file a motion to dismiss, SECTION 12: EFFECT OF APPEAL
within 10 days from receipt of order.
GR: The appeal shall not stay the award, judgment, final order
No summons will be served because this is already an or resolution sought to be reviewed.
appeal. It is the receipt of the order that the CA acquires
jurisdiction over the person of the respondent. XPN: CA direct otherwise upon such terms as it may deem just.
NOTE: Petitioner must therefore move for the issuance of for

SECTION 9: CONTENTS OF COMMENT Temporary Restraining Order/Writ of Preliminary Injunction by
the CA.
The comment shall be filed within ten (10) days from
notice in seven (7) legible copies and accompanied by An appeal of an Ombudsman decision in an administrative case
clearly legible certified true copies of such material is not stayed pending appeal to the CA. Based on Sec. 7, Rule
portions of the record referred to therein together with III of the Rules of Procedure of the Office of the Ombudsman,
other supporting papers. As amended by Administrative Order No. 17 dated September
15, 2003, it is clear that the OMB’s June 8, 2005 Order imposing
the penalty of removal on the defendant was immediately
The comment shall: executory, notwithstanding the pendency of his appeal (Office
of the Ombudsman v. Valencerina, G.R. No. 178343, July 14,
1. Point out insufficiencies or inaccuracies in 2014).
petitioner's statement of facts and issues; and
2. State the reasons why the petition should be SECTION 13: SUBMISSION FOR DECISION
denied or dismissed.
If the petition is given due course, the Court of Appeals may set
the case for oral argument or require the parties to submit
A copy thereof shall be served on the petitioner, and proof memoranda within a period of fifteen (15) days from notice.
of such service shall be filed with the Court of Appeals.
The case shall be deemed submitted for decision upon the filing
SECTION 10: DUE COURSE of the last pleading or memorandum required by these Rules or
by the court of Appeals.
What bears specific notice in this section is that the
jurisprudential rule that the findings of fact of the court or RULE 44: ORDINARY APPEALED CASES
agency a quo are binding on the appellate court has now
been made a specific rule of procedure (Regalado, These are additional rules governing ordinary appeals
2008). from judgments or final orders of the RTC rendered in the
exercise of appellate jurisdiction.
This is similar to the rule on the findings of fact of the Court
of Appeals vis-à-vis the Supreme Court on appeal to the SECTION 1: TITLE OF CASES
latter, and under appropriate circumstances, the case law
creating exceptions to that rule may very well apply to the It shall remain to be the title from the court of origin.
similar provision of this section (Ibid). However, the person appealing the case shall be referred
to as the appellant while the adverse party shall be called
SECTION 11: TRANSMITTAL OF RECORD the appellee.
Transmittal of records The evident purpose is to avoid confusion in the identity
of the case on appeal in relation to that which was tried
Within fifteen (15) days from notice that the petition has and decided by the trial court since the party initiating the
been given due course, the Court of Appeals may require
appeal may not be the principal defendant named in the SECTION 6: DISPENSING WITH COMPLETE
court. RECORD
SECTION 2: COUNSEL AND GUARDIANS Where the completion of the record could not be
accomplished within a sufficient period allotted for said
Counsels and Guardians Ad Litem purpose due to insuperable or extremely difficult causes,
the court, on its own motion or on motion of any of the
Those who were considered as counsels and guardians parties, may declare that the record and its accompanying
ad litem shall still remain to be as such unless others transcripts and exhibits so far available are sufficient to
appear or are appointed. In such cases notice shall be decide the issues raised in the appeal, and shall issue an
served immediately and filed with the court. order explaining the reasons for such declaration.
SECTION 3: ORDER OF TRANSMITTAL OF RECORD SECTION 7: APPELLANT’S BRIEF
Transmittal of Record; Importance The appellant has the duty to file with the court his or her
appellant’s brief as required by Section 7 of Rule 44. It must be
Based on the previous rules governing appeal, the filed 45 days from receipt of the notice by the clerk that the
records have been transmitted, with proof of service to the
original record or the record on appeal should be
appellee.
transmitted to the appellate court. This rule gives either
party the right to move for its transmittal within 30 days In civil cases, 45 days to file appellant’s brie; in criminal cases,
after the perfection of appeal. 30 days to file an appellant’s brief (Vina v. CA, G.R. No. 132936,
February 17, 2003).
The receipt of the appellate court of the records is
important since the period to file an appellant’s brief shall GR: Failure to file an appellant’s brief, though not jurisdictional,
be reckoned from such receipt. results in the abandonment of the appeal and may be a cause
for the dismissal of the appeal (Sibayan vs Costales, G.R. No.
SECTION 4: DOCKETING OF CASE 191492, July 4, 2016).
XPN: The period may be relaxed under the following instances:

Upon receiving the original record or the record on appeal 1. The case involves life, liberty, honor, or property;
and the accompanying documents and exhibits 2. Counsel’s negligence without any participatory
transmitted by the lower court, as well as the proof of negligence on the part of the client caused the delay;
payment of the docket and other lawful fees, the clerk of 3. There are compelling circumstances’
court of the Court of Appeals shall docket the case and 4. There is merit in the case;
notify the parties thereof. Within 10 days from receipt of 5. The cause is not entirely attributable to the fault or
said notice, the appellant, in appeals by record on appeal, negligence of the party favored by the suspension of
shall file with the clerk of court 7 clearly legible copies of the Rules;
6. There is lack of any showing that the review sought is
the approved record on appeal, together with the proof of merely frivolous and dilatory; and
service of 2 copies thereof upon the appellee. 7. The other party will not be unjustly prejudiced (Cruz v.
CA, G.R. No. 156894, December 2, 2005
Any unauthorized alteration, omission, or addition in
the approved record on appeal is a ground for Motion to Dismiss Appeal will suspend the running of the
dismissal 45 day period
Upon motion of the appellee or on the court’s own motion, If there is a motion to dismiss appeal filed, the 45 day period to
any unauthorized alteration, omission, or addition in the file an appellant’s brief is suspended as the same would be
unnecessary once the motion is granted (Alonzo v. Rosario,
approved record on appeal is a ground for dismissal as G.R. No. L-12309, April 30, 1959).
provided for in Section 3 of Rule 44 and Section 1(d) of
Rule 50. SECTION 8: APPELLEE’S BRIEF
SECTION 5: COMPLETION OF REORD Within 45 days from the receipt of the appellant’s brief, the
appellee shall also file his own brief, with proof of service
Where the record of the docketed case is incomplete, the to the appellant.
clerk of court of the Court of Appeals shall so inform said
court and recommend to it measures necessary to Failure to file an appellee’s brief will not affect the appeal
complete the record. It shall be the duty of said court to (Regalado, 2008).
take appropriate action towards the completion of the
record within the shortest possible time. SECTION 9: APPELLANT’S REPLY BRIEF

The appellant, within 20 days from receipt of the cause before the court and it is also required that the
appellee’s brief, may file a reply brief answering points motion for extension must be filed before the expiration of
from the brief filed by the appellee. the time to file the brief.
However, the reply brief is not mandatory and is only SECTION 13: CONTENTS OF APPELLANT’S BRIEF
optional on the part of the appellant.
The appellant's brief shall contain, in the order herein
SECTION 10: TIME FOR FILING MEMORANDA IN indicated, the following:
SPECIAL CASES
1. A subject index of the matter in the brief with a
Unlike in normal cases, in cases involving certiorari, digest of the arguments and page references, and a
prohibition, mandamus, quo warranto, and habeas table of cases alphabetically arranged, textbooks
corpus, the parties are required to file a memorandum in and statutes cited with references to the pages
lieu of a brief, 30 days from receipt of the notice by the where they are cited;
clerk. This period shall be non-extendible.
2. An assignment of errors intended to be urged,
The failure of the appellant to file his memorandum within which errors shall be separately, distinctly and
the reglementary period may be a ground for dismissal of concisely stated without repetition and numbered
the appeal.
consecutively;
Differences between a Brief and Memorandum 3. Under the heading "Statement of the Case," a
clear and concise statement of the nature of the
Brief Memorandum
action, a summary of the proceedings, the appealed
AS TO SCOPE rulings and orders of the court, the nature of the
Ordinary Appeals Certiorari, Prohibition, judgment and any other matters necessary to an
Mandamus, Quo understanding of the nature of the controversy with
Warranto, and Habeas page references to the record;
Corpus cases
AS TO THE TIME OF FILING 4. Under the heading "Statement of Facts," a clear
Within 45 days Within 30 days and concise statement in a narrative form of the
AS TO THE CONTENTS facts admitted by both parties and of those in
controversy, together with the substance of the
Contents specified by Shorter, briefer, only one
proof relating thereto in sufficient detail to make it
Rules issue involved. No subject
clearly intelligible, with page references to the
index or assignment of
record;
errors just facts and law
applicable. 5. A clear and concise statement of the issues of fact
or law to be submitted, to the court for its judgment;
SECTION 11: SEVERAL APPELLANTS OR
APPELLEES OR SEVERAL COUNSEL FOR EACH 6. Under the heading "Argument," the appellant's
PARTY arguments on each assignment of error with page
references to the record. The authorities relied upon
Where there are several appellants or appellees, each shall be cited by the page of the report at which the
counsel representing one or more but not all of them shall case begins and the page of the report on which the
be served with only one copy of the briefs.
citation is found;
When several counsels represent one appellant or
7. Under the heading "Relief," a specification of the
appellee, copies of the brief may be served upon any of
order or judgment which the appellant seeks; and
them.
8. In cases not brought up by record on appeal, the
SECTION 12: EXTENSION OF TIME FOR FILING
BRIEFS appellant's brief shall contain, as an appendix, a
copy of the judgment or final order appealed
GR: A motion requesting for an extension of time to file from.
the briefs is generally not allowed.
XPN: For a movant be allowed to extend the time for filing Must comply with the requirements of the contents of
his or her brief, he must first show good and sufficient the appellant’s brief
It is important that the appellant’s brief should contain all Further, the Court of Appeals found that the Statement of Facts
which are enumerated in Section 13 of this Rule. The right was not supported by page references to the record. It was held
to appeal is a statutory right and may be exercised only in that: “If a statement of fact is unaccompanied by a page
reference to the record, it may be presumed to be without
the manner and in accordance with the provisions of law.
support in the record and may be stricken or disregarded
altogether.” (Ibid)
As such, an appealing party must strictly comply with the
requisites laid down in the Rules of Court. Deviations from The assignment of errors and page references to the record in
the Rules cannot be tolerated. The rationale for this strict the statement of facts are important in an Appellant's Brief as
attitude is not difficult to appreciate as the Rules are the absence thereof is a basis for the dismissal of an appeal
designed to facilitate the orderly disposition of appealed under Section 1 (f), Rule 50, of the 1997 Rules of Civil Procedure
cases. Their observance cannot be left to the whims and (Ibid).
caprices of appellants.
Assignment of errors
Appeal dismissed as appellant’s brief did not contain GR: Only errors specifically assigned and properly argued in the
statement of facts and assigned errors (Bucad v. CA, brief will be considered, except errors affecting jurisdiction over
G.R. No. 93783, December 11, 1992). the subject-matter, as well as plain and clerical errors
(Regalado, 2008).
The right to appeal is neither a natural right nor a part
of due process; it is merely a statutory privilege, and XPNs: These errors may be considered on appeal, even if not
may be exercised only in the manner and in accordance specifically assigned and argued in the brief:
with the provisions of law. Thus, an appealing party
1. Grounds not assigned as errors but affecting the
must strictly comply with the requisites laid down in
jurisdiction over the subject-matter;
the Rules of Court (Mendoza v.UCPB, G.R. No.
165575, February 2, 2011).
2. Matters not assigned as errors on appeal but are
evidently plain or clerical errors within the
In this case, the Appellants' Brief of petitioners did not
contemplation of law;
have a subject index. The index is intended to facilitate
the review of appeals by providing ready reference,
3. Matters not assigned as errors on appeal but
functioning much like a table of contents (Ibid).
consideration of which is necessary in arriving at a just
decision and complete resolution of the case or to
Unlike in other jurisdictions, there is no limit on the length
of appeal briefs or appeal memoranda filed before serve the interests of justice or to avoid dispensing
appellate courts. The danger of this is the very real piecemeal justice;
possibility that the reviewing tribunal will be swamped with
4. Matters not specifically assigned as errors on appeal
voluminous documents. This occurs even though the
but raised in the trial court and are matters of record
rules consistently urge the parties to be "brief" or
having some bearing on the issue submitted which the
"concise" in the drafting of pleadings, briefs, and other
papers to be filed in court. The subject index makes parties failed to raise or which the lower court ignored;
readily available at one's fingertips the subject of the
5. Matters not assigned as errors on appeal but closely
contents of the brief so that the need to thumb through the
related to an error assigned; and
brief page after page to locate a party's arguments, or a
particular citation, or whatever else needs to be found and
6. Matters not assigned as errors on appeal but upon
considered, is obviated (Ibid).
which the determination of a question properly
assigned is dependent (Catholic Bishop of Balanga
Moreover, the Appellants' Brief had no assignment of
v. CA, et al., G.R. No. 112519, November 14, 1996).
errors, but petitioners insist that it is embodied in the
"Issues" of the brief. The requirement under Sec. 13,
Rule 44 of the 1997 Rules of Civil Procedure for an Substantial compliance is not enough
"assignment of errors" in paragraph (b) thereof is different
from a "statement of the issues of fact or law" in The requirements required by law must be strictly followed as
paragraph (e) thereof (Ibid). the right to appeal is a mere statutory privilege.
An assignment of errors is an enumeration by the SECTION 14: CONTENTS OF APPELLEE’S BRIEF

appellant of the errors alleged to have been committed by
the trial court for which he/she seeks to obtain a reversal The appellee's brief shall contain, in the order herein
of the judgment, while the statement of issues puts forth indicated the following:
the questions of fact or law to be resolved by the appellate
court (Ibid).
1. A subject index of the matter in the brief with a
digest of the arguments and page references, GR: Parties cannot change their theory on appeal and is
and a table of cases alphabetically arranged, bound by those issues raised and discussed during the
textbooks and statutes cited with references to proceedings in the lower court.
the pages where they are cited; There is no dispute that the issue of timeliness of
respondents' Motion to Dismiss petitioners' Amended
2. Under the heading "Statement of Facts," the Complaint was not raised by petitioners before the RTC.
appellee shall state that he accepts the statement Neither was this issue raised in their Comment to
of facts in the appellant's brief, or under the respondents' petition for certiorari filed with the CA. It was
heading "Counter-Statement of Facts," he shall only in their Motion for Reconsideration of the CA
point out such insufficiencies or inaccuracies as Decision that this matter was raised. It is well
he believes exist in the appellant's statement of established that issues raised for the first time on
appeal and not raised in the proceedings in the lower
facts with references to the pages of the record in
court are barred by estoppel. Points of law, theories,
support thereof, but without repetition of matters issues, and arguments not brought to the attention of the
in the appellant's statement of facts; and trial court ought not to be considered by a reviewing court,
as these cannot be raised for the first time on appeal.
3. Under the heading "Argument," the appellee Basic considerations of due process impel the adoption of
shall set forth his arguments in the case on each this rule (Mercado v. Spouses Espina, G.R. No. 173987,
assignment of error with page references to the February 25, 2013).
record. The authorities relied on shall be cited by
the page of the report at which the case begins Moreover, respondent's filing of their Motion to Dismiss
Amended Complaint may not be considered as a
and the page of the report on which the citation is circumvention of the rules of procedure. Under Section 8,
found. Rule 10 of the Rules of Court, an amended complaint
supersedes an original one. As a consequence, the original
complaint is deemed withdrawn and no longer considered
An appellee who has not also appealed cannot make part of the record. In the present case, the Amended
assignments of errors in his brief (Gorospe v. Complaint is, thus, treated as an entirely new complaint. As
Penaflorida, G.R. No. L-11583, July 19, 1957) but he such, respondents had every right to move for the dismissal
can make a counter-assignment of errors in order to of the said Amended Complaint. Were it not for the filing of
sustain the judgment (La Campaha Food Products, Inc. the said Motion, respondents would not have been able to
v. PCIB, et al., G.R. L-16405, June 30, 1986). file a petition for certiorari before the CA which, in turn,
rendered the presently assailed judgment in their favor
An appellee, in his brief, can also argue on issues raised (Ibid).
at the trial to sustain the judgment in his favor on other
CA was correct in dismissing the case as the factual and
grounds, even if the same were not included in the
legal issues were not presented before the trial court (Del
decision of the court a quo nor raised in appellant’s
Rosario v. Bonga, G.R. No. 136308, January 23, 2001).
assignment of errors of arguments. Hence, the appellate
court can affirm a judgment on grounds ignored or XPNs: Parties can change their theory on appeal when:
erroneously decided by the lower court (Carillo v. De
Paz, G.R. No. L-22061, October 28, 1966). 1. The evidence is already a part of the records or
in other words, when the new theory is already
based on the evidence submitted that ruling
The appellee, however, cannot assign such errors to have otherwise would result to blatant injustice.
the judgment modified for, to do so, he must have
appealed (Aparri v. CA, et al., G.R. No. L-15947, April
30,1965). When the evidence is part of the records, one can
change theory as there will be no need to introduce
additional evidence (Lianga Lumber Co. v. Lianga
SECTION 15: QUESTIONS THAT MAY BE RAISED Timber Co., G.R. No. L-38685, March 31, 1977).
ON APPEAL
Theory changed since new theory was supported by
Whether or not the appellant has filed a motion for new evidence on record. The litigants cannot raise an
trial in the court below he may include in his assignment issue for the first time on appeal, as this would
contravene the basic rules of fair play and justice,
of errors any question of law or fact that has been raised EXCEPT when substantial justice plainly requires,
in the court below and which is within the issues framed exempting a particular case from the operation of
by the parties. technicalities should not be subject to cavil (Sy v.
CA, G.R. No. 127263, April 12, 2000).
Parties cannot change their theory on appeal;
Exceptions
2. Lack of jurisdiction over the subject matter RULE 45: APPEAL BY CERTIORARI TO THE
may be raised even on appeal.
SUPREME COURT
Reversal of Judgment on Appeal is binding only on Procedure for Appeal by Certiorari to the Supreme Court
the parties who appealed
GR: The reversal of a judgement on appeal is generally RTC/Sandiganbayan/CTA en banc/CA renders a
binding only on the parties in the appealed case and does decision
not affect or inure to the benefit of those who did not join
or were made parties to the appeal.
In cases where there are two or more defendants in the
case and only one appealed the judgment imposed upon
them, the reversal of such judgment would only be binding Any party files a verified petition for review on
upon the party who instituted the appeal. As to the other certiorari within 15 days from notice of final judgment
defendants who did not appeal, the expiration of the or order of lower court or notice of denial of motion for
period to appeal would make the judgment final and reconsideration or new trial.
executory as to them.
XPNs:
1. Where both parties have commonality of

interests
Appellant serves copies of petition on adverse parties
2. Where the rights and liabilities of both parties are and to the lower court, and the corresponding docket
so interwoven and dependent on each other as fees.
to be inseparable, in which case, the
modification of the appealed judgment in favor of
appellant operates as a modification to the
respondent/defendant who did not appeal.
In case the liabilities of defendants being SC may dismiss the petition or require the appellee to
solidary, the above exception applies. comment.
Circumstances indicative of a commonality

in the interests of the parties:
a. Their rights and liabilities originate from
only one source or title;
If given due course, parties may submit memoranda.
b. Homogeneous evidence establishes the
existence of their rights and liabilities;
and
c. Whatever judgment is rendered in the
case or appeal, their rights and liabilities SC may affirm, reverse, or modify judgment of the
will be affected, even if to varying extents lower court.
(Maricalum Mining Corp. v.
Remington Industrial, G.R. No. 15833,
February 11, 2008).
SECTION 1: FILING OF PETITION WITH SUPREME
COURT
In both of these cases, the reversal for one party shall
operate as a reversal to all. A party desiring to appeal by certiorari from a judgment or final
order or resolution of the Court of Appeals, the
Remedies of defendants who did not appeal when Sandiganbayan, the Regional Trial Court or other courts
the judgment has already been executed whenever authorized by law, may file with the
Supreme Court a verified petition for review on certiorari. The
If for example, only one defendant appealed the judgment petition shall raise only questions of law which must be
and such judgment has already been executed as to the distinctly set forth.
other defendants but the appellate court reversed the
decision of the lower court, the other defendants who did not The above rule was amended by A.M. 07-7-12 SC to include
appeal and to whom the judgment has been executed may
file a motion for restitution or reparation of damages the Court of Tax Appeals (CTA) in the list of courts from which
under Section 5 of Rule 39 an appeal may be taken directly to the SC. The previous mode
of appeal from a CTA decision is to the Court of Appeals

through Rule 43. This is no longer the case since the CTA is evaluating the evidence. In which case, it is a question
of the same rank as the CA according to R.A. 9282. of law; otherwise it is a question of fact (Heirs of
Villanueva v. Heirs of Mendoza, G.R. No. 209132,
If the RTC rendered the judgment on its appellate June 5, 2017).
jurisdiction, in the instances provided for in Articles 42 and
43, the appeal shall be taken to the CA even if only If the resolution does not require an evaluation of proof
questions of law are raised by the petitioner. but on a consideration of the applicable provision of law,
then it involves a question of law (Republic v. CA, G.R.
Grave abuse of discretion is not an allowable ground No. 119393, April 26, 2000).
under Rule 45 (Republic v. CA, G.R. No. 119393, April
26, 2000). Only Questions of Law May be Raised in a Petition
for Review
It is axiomatic that a party who does not appeal or file a
petition for certiorari is not entitled to any affirmative relief. GR: The determination of a factual issue is generally outside
An appellee who is not an appellant may assign errors in the province of the Supreme Court to determine in a petition
his brief where his purpose is to maintain the judgment for review.
but ha cannot seek modification or reversal of the
judgment or claim affirmative relief unless he has also NOTE: The findings of facts of the trial court, as affirmed on
appealed. Thus, for failure of respondent to assail the appeal by the CA, are conclusive on the SC.
validity of her dismissal, such ruling is no longer an issue
(Immaculate Conception Academy v. Camilon, G.R. XPNs:
No. 188035, July 2, 2014).
1. When the finding is grounded entirely on
The petition for review on certiorari may include an speculations, surmise, or conjecture;
application for a writ of preliminary injunction or other 2. When interference made is manifestly absurd,
provisional remedies. The petitioner may also seek the mistaken, or impossible;
same provisional remedies by verified motion filed in the 3. When judgment is premised on a misrepresentation
same action or proceeding at any time during its of facts;
pendency (Sec. 1, Rule 45, as amended by A.M. No. 07- 4. When there is grave abuse of discretion in the
7-12-SC effective December 27, 2007). appreciation of facts;
5. When the findings of fact are conflicting;
Differences between Questions of Law and
6. When the findings of fact are conclusions without
Questions of Fact
citation of specific evidence on which they are
QUESTIONS OF LAW QUESTIONS OF FACT based;
AS TO CERTAINTY OF FACTS INVOLVED 7. The findings of facts of the CA is premised on the
Material allegations of supposed evidence and is contradicted by the
fact are not Doubt or difference as evidence on record;
controverted by either to the truth or 8. When the CA in making its findings went beyond the
party; thus, there is falsehood of facts, or issues of the case and the same is contrary to both
certainty as to facts. as to probative value of the admissions of appellants and appellees;
The doubt lies on whet the evidence 9. When the findings of fact of the CA are at variance
law is to be applied on presented. with those of the trial court, the SC has to review the
certain facts.
evidence in order to arrive at the correct findings
AS TO NECESSITY OF EVALUATING EVIDENCE
based on the record;
The appellate court can
The determination of 10. When certain material facts and circumstances
determine the issue
the issue involves have been overlooked by the trial court which, if
raised without
evaluation or review of taken into account, would alter the result of the case
reviewing or evaluating
evidence. in that they would entitle the accused to acquittal;
the evidence.
(Asian Terminals, Inc. v. Simon Enterprises, Inc., and
G.R. No. 177116, February 27, 2013; Leoncio v. De 11. When the facts set forth in the petition as well as in
Vera, G.R. No. 176842, February 18, 2008; Bernaldez the petitioner’s main and reply briefs are not
v. Francia, G.R. No. 143929, February 28, 2003) disputed by the respondents (Asian Terminals,
Inc. v. Simon Enterprises, Inc., G.R. No. 177116,
TEST: Whether a question is one of law or of fact is not February 27, 2013).
the appellation given to such question by the party
raising the same; rather, it is whether the appellate court
Petition for Review on Certiorari under Rule 45 v.
can determine the issue raised without reviewing or
Certiorari under Rule 65
PARTIES
The remedies of appeal in the ordinary course of law and The parties are the The tribunal, board, or
that of certiorari under Rule 65 of the Revised Rules of original parties with the officer exercising judicial
Court are mutually exclusive and not alternative or appealing party as the or quasi-judicial functions
cumulative. petitioner and the adverse is impleaded as
party as the respondent, respondent (Rule 65,
PETITION FOR SPECIAL CIVIL without impleading the Sec. 5, RoC)
REVIEW ON ACTION FOR lower court or its judge
CERTIORARI CERTIORARI (Rule 45, Sec. 4(a),RoC).
RULE 45 RULE 65 WHERE FILED
NATURE Filed with the SC (Rule Filed with the RTC (Sec.
1. A mode of appeal 1. A special civil action 45, Sec. 1, RoC). 21, BP 129);
which seeks to review that is an original With the CA (Sec. 9, BP
final judgments and action (Rule 65, RoC) 129); or
orders (Rule 41, Sec. directed against an With the SC (Article VIII,
2, RoC) interlocutory order or Sec. 5(1), 1987
2. A continuation of the matters where no Constitution)
appellate process appeal may be taken
over the original case. from (Rule 41, Sec. 1, Rule 65 cannot be used as substitute for a lost appeal
RoC) (Conejos v. CA, G.R. No. 149473, August 9, 2002).
2. Not part of the
appellate process, it is When a Petition for Certiorari under Rule 65 may be
an independent treated as a Petition for Review under Rule 45
action.
PURPOSE Well-settled is the rule that certiorari will lie only when a court
For the correction of For the correction of has acted without or in excess of jurisdiction or with grave
errors of law – a mistake errors of jurisdiction abuse of discretion. As a condition for the filing of a petition
of judgment for certiorari, Section 1 of Rule 65 additionally requires that
ISSUES RAISED "no appeal nor any plain, speedy and adequate remedy in
Raises questions of law Raises questions of the ordinary course of law" must be available. It is axiomatic
that the availability of the right of appeal precludes recourse
jurisdiction
to the special civil action for certiorari.
PERIOD OF FILING
Filed within 15 days from Filed not later than 60 Such move is in accordance with the liberal spirit
notice of judgment, final days from notice of pervading the Rules of Court and in the interest of
order or resolution judgment, order or substantial justice, especially:
appealed from. resolution sought to be
assailed, or from notice of 1. If the petition was filed within the reglementary
denial of an MR or MNT. period for filing a petition for review;
SUBJECT MATTER 2. Errors of judgment are averred; and
Only judgments or final An interlocutory order of 3. There is sufficient reason to justify the relaxation of
orders and those that the the lower court prior to an
the rules.
Rules of Court so appeal from the judgment;
declared or where there is no
Besides, it is axiomatic that the nature of an action is
appeal or any plain,
determined by the allegations of the complaint or petition and
speedy or adequate the character of the relief sought. The Court explained: It
remedy. cannot be claimed that this petition is being used as a
EFFECT TO JUDGMENT APPEALED/JUDGMENT substitute for appeal after that remedy has been lost through
SUBJECT OF THE PETITION the fault of petitioner. Moreover, stripped of allegations of
Stays the judgment Does not stay the 'grave abuse of discretion,' the petition actually avers errors
sought to be appealed judgment or order subject of judgment rather than of jurisdiction, which are the subject
of the petition, unless of a petition for review (Oaminal v. Castillo, G.R. No.
enjoined or restrained. 152776, October 8, 2003).
NEED FOR A MOTION FOR RECONSIDERATION
Does not require a prior Requires, as a general SECTION 2: TIME FOR FILING; EXTENSION
motion for reconsideration rule, a prior motion for
reconsideration (Bases Fifteen (15) days from:
Conversion and
Development Authority 1. Notice of the judgment or final order or resolution
v. Uy, 506 SCRA 524). appealed from; or
2. The denial of the petitioner’s motion for new trial 2. Indicate the material dates
or reconsideration filed in due time after notice of a. When notice of the subject judgment or
judgment. final order or resolution was received;
b. When motion for new trial or
NOTE: Neypes ruling (Fresh Period Rule) is applicable. reconsideration, if any, was filed; and
c. Notice of denial was received
The reglementary period to appeal is 15 days from service 3. Concise statement of the matters involved, and the
of the judgment, final order or resolution. However, within reasons or arguments relied on.
that period, the aggrieved party may file a motion for new 4. Clearly legible duplicate original , or a certified copy
trial or reconsideration and, if denied, he shall have the of the judgment or final order or resolution certified
entire 15 days all over again from notice of such denial
by the clerk of the court a quo, and the requisite
within which to file his petition for review on certiorari in
number of plain copies, and such material portions
the Supreme Court (Regalado, 2008).
of the record as would support the petition; and
The general rule is that a final and executory judgment 5. Sworn certification against forum shopping.
can no longer be disturbed, altered, or modified in any
respect, and that nothing further can be done but to The petition shall be filed in eighteen (18) legible copies, with
execute it. A final and executory decision may, however, the original copy intended for the court being indicated as
be invalidated via a Petition for Relief or a Petition to such.
Annul the same under Rules 38 or 47, respectively, of the
The Court has allowed the consideration of other
Rules of Court (Genato Investments, Inc. v. Barrientos,
grounds not raised as errors specifically in the following
G.R. No. 207443, July 23, 2014).
instances:
Extension for thirty (30) days, provided the petition 1. Ground not assigned as errors, but affecting
was filed:
jurisdiction over the subject matter;
2. Matters not assigned as errors on appeal but are
1. For justifiable reasons;
evidently plain or clerical errors within the
2. On motion duly filed and served;
contemplation of law;
3. Full payment of the docket fees;
3. Matters not assigned as errors on appeal, but
4. Payment of other lawful fees;
consideration of which is necessary in arriving at a
5. Deposit of costs; and just decision and complete resolution to serve the
6. Filed before the expiration of the reglementary interest of justice or to avoid dispensing piecemeal
period. justice;
4. Matters not specifically assigned as errors on
NOTE: Filing of the motion for extension must be done appeal, but raised in the trial court and are matters
within the period to file the petition itself, and it must be of record having some bearing on the issue
accompanied with the payment of the required fees.
submitted which the parties failed to raise or which
SECTION 3: DOCKET AND OTHER LAWFUL FEES; the lower court ignored;
PROOF OF SERVICE 5. Matters not assigned as errors on appeal, but
closely related to an error assigned; and
Petitioner shall pay the following fees at the time of the 6. Matters not assigned as errors on appeal, but upon
filing of the petition: which the determination if a question properly
assigned is dependent (Heirs of Yabao v. Paz
1. Docket fees; Lentejas Van Der Kolk, G.R. No. 207266, June 25,
2. Other lawful fees to the clerk of the Supreme Court; 2014).
3. Deposit costs amounting to P500.
SECTION 5: DISMISSAL OR DENIAL OF PETITION
Proof of service of a copy thereof on the lower court
concerned and on the adverse party shall be submitted 1. Failure to pay the required docket fee, other lawful
together with the petition.
fees, and deposit of costs;
RULE 45, SECTION 4 2. Failure to provide a proof of service of the petition
CONTENTS OF PETITION on the lower court concerned and on the adverse
party;
1. Full name of the appealing party as the petitioner 3. Failure to comply with the required contents of and
and the adverse party as respondent, without the documents which should accompany the petition
impleading the lower courts or judges; (Rule 45, Sec. 5, RoC).
SECTION 8: DUE COURSE; ELEVATION OF
Motu Proprio dismissal by the Supreme Court RECORDS
When the appeal is without merit, or is prosecuted If the petition is given due course, the Supreme Court
manifestly for delay, or that the questions raised are to may require the elevation of the:
unsubstantial to require consideration.
1. Complete record of the case, or
GR: A party cannot raise for the first time on appeal issues 2. Specified parts thereof within 15 days from notice.
or theories which he could have raised timely before the
trial court. SECTION 9: RULE APPLICABLE TO BOTH CIVIL
AND CRIMINAL CASES
XPNs:
The mode of appeal under Rule 45 shall be applicable to
1. New issue raised does not nrequire the both civil and criminal cases.
presentation of new evidence (Lianga Lumber
XPN: Criminal cases where the penalty imposed is:
Co. v. Lianga Timber Co., G.R. No. 169314,
March 14, 2008); 1. Death
2. New issue raised is necessarily included in the 2. Reclusion perpetua
issues already presented (Sy v. CA, G.R. No. 3. Life imprisonment.
127263, April 12, 2000).
RULE 46: ORIGINAL CASES
SECTION 6: REVIEW DISCRETIONARY
SECTION 1: TITLE OF CASES
A review is not a matter of right, but of sound discretion.
In all cases originally filed in the Court of Appeals, the
Review is granted only when there are special and
party instituting the action shall be called the petitioner
important reasons.
and the opposing party the respondent.
The following measures must be taken into
SECTION 2: TO WHAT ACTIONS APPLICABLE
consideration in exercising discretion:
What are original cases?
1. Court a quo has decided a question of substance,
not determined by the Supreme Court, or has 1. Certiorari
decided it in a way probably not in accord with law 2. Mandamus
or with the applicable decisions of the Supreme 3. Prohibition
Court; or 4. Quo warranto
2. Court a quo has departed from the accepted and
usual course of judicial proceedings, or The CA then can be a court of original jurisdiction, and not
sanctioned such departure by a lower court, as to just an appellate court.
call for an exercise of the power of supervision.
SECTION 3: CONTENTS AND FILING OF PETITION;
NOTE: In case of penalty of death or reclusion perpetua, EFFECT OF NON-COMPLIANCE WITH
an appeal is a matter of right leaving the reviewing court REQUIREMENTS
without any discretion (Riano, 2016).
The petition shall contain:
SECTION 7: PLEADINGS AND DOCUMENTS THAT
1. Full names and actual addresses of all petitioners and
MAY BE REQUIRED; SANCTIONS
respondents;
To determine whether the petition should be dismissed, 2. Concise statement of the matters involved;
denied, or given due course, the Supreme Court may require 3. Factual background of the case;
or allow the filing of such pleadings, briefs, memoranda or 4. Grounds relied upon for the relief prayed for;
documents as it may deem necessary within such periods. 5. In actions filed under Rule 65, indicate the material
dates showing:
The Supreme Court may also impose the corresponding a. When notice of judgment or final order or
sanctions in case of non-filing or unauthorized filing of such resolution was received;
pleadings and documents or non-compliance with the b. When a motion for new trial or
conditions. reconsideration, if any, was filed; and
c. When notice of denial thereof was received.
A certiorari petition is an initiatory action, the copy of the
Requirements: petition must be served to the party and not to the
counsel. However, in practice, you would just serve it to
1. Filed in seven (7) legible copies, with proof of the counsel (Reicon Realty Builders Corporation v.
service on the respondent; Diamond Drageon Realty and Management, G.R. No.
204796, February 4, 2015).
2. Accompanied by clearly legible duplicate original
or certified true copy of the judgment or final order In Rule 65 petitions, jurisdiction is acquired by the service
or resolution; upon the respondent of the order to comment. This is the
3. Certificate of non-forum shopping; first step that the Court of Appeals will do when a petition
4. Payment of docket and other lawful fees; and for certiorari is filed before it.
SECTION 5: ACTION BY COURT

The Court of Appeals cannot acquire jurisdiction
over the subject matter unless docket fees are The court may:
paid. Failure to pay docket fees is a ground to
dismiss the petition (Mendoza v. CA, G.R. No. 1. Dismiss the petition outright with specific reasons
148505, February 20, 2007). for such dismissal; or
5. Deposit the amount of P500 NOTE: The court may dismiss the petition
outright, hence no reaction is expected from the
Failure to comply with the foregoing requirements shall be respondent and, under the policy adopted in this
sufficient ground for the dismissal of the petition. Rule, he is not deemed to have been brought
within the court’s jurisdiction until after service on
It bears stressing that procedural rules are not to be him of the dismissal order or resolution
belittled or dismissed simply because their non- (Regalado, 2008).
observance may have prejudiced a party’s substantive
rights. Like all rules, they are required to be followed 2. Require the respondent to file a comment on the
except only for the most persuasive of reasons when they same within 10 days from notice.
may be relaxed. Not one of these exceptions is present
here (Mendoza v. CA, G.R. No. 148505, February 20, NOTE: Only pleading required by the court shall be
2007). allowed. All other pleadings and papers may be filed only
with leave of court.
Substantial Compliance Rule
SECTION 6: DETERMINATION OF FACTUAL ISSUES
Rule 46 applies to actions for certiorari filed in the Court
of Appeals but Rule 65 generally supplements the same.
Mere duplicate originals are sufficient under Rule 46 even For the resolution of factual issues raised in original
if Rule 65 requires only certified true copies (Republic v. petitions, the Court of Appeals is granted the options
Carmel Dev’t, Inc., G.R. No. 142572, February 20, provided by this section:
2002).
1. Court itself may conduct hearings thereon; or
Neypes rule does not apply when the admin agency has 2. Delegate the reception of the evidence on such
its own rules of procedures (Zapanta vs Co King Ki, G.R. issues to any of its members or to an appropriate
No. 191694, December 3, 2014). court, agency, or office.
SECTION 4: JURISDICTION OVER PERSON OF
RESPONDENT, HOW ACQUIRED CA in its capacity to conduct hearings in Original
Actions
Jurisdiction is acquired:
The Court of Appeals is a court where you can adduce
1. Over the petitioner – By filing of the petition evidence, whether in the exercise of original or appellate
2. Over the respondent – By service to him of its jurisdiction. The Court of Appeals in effect is a trier of facts.
order or resolution indication its initial action on
the petition or by his voluntary submission. Court of Appeals acting on its original jurisdiction, in a
petition for mandamus has the authority to receive evidence
NOTE: The reason for this is that, aside from the on damages (Vital-Gozon v. CA, G.R. No. 129132, July 8,
fact that no summons or other coercive process 1998).
is served on the respondent, his response to the
petition will depend on the initial action of the How hearings in original actions are being done
court thereon (Regalado, 2008).
A sitting justice can be delegated to receive the evidence.
SECTION 7: EFFECT OF FAILURE TO FILE Rule 47 is a remedy granted only under exceptional
circumstances where a party, without fault on his part, has
COMMENT failed to avail of the ordinary remedy or appropriate
remedies. It is a condition sine qua non that one must have
When no comment is filed by any of the respondents, the failed to move for MNT, appeal, or file a petition for relief from
case may be decided on the basis of the record, without judgment. Petitioner must cite justification for Rule 47 (RP v.
prejudice to any disciplinary action which the court may Sps. De Castro, G.R. No. 189724, February 7, 2011;
Genato Investments, Inc. v. Barrientos, G.R. No. 207443,
take against the disobedient party. July 23, 2014).
No declaration of default in original cases filed in the A Rule 47 petition cannot be filed when failure to file a
CA Motion for New trial, Petition for Relief from Judgment (Rule
38) or other appropriate remedies IS ATTRIBUTABLE to the
fault of the petitioner, if it is not attributable, a Rule 47 petition
Respondent cannot be declared in default for non-filing of may be filed.
comment. Case will be decided on the basis of record,
without prejudice to any disciplinary action which the court It is clear then that to set aside a final and executory
may take against the disobedient party. judgment, there are three remedies available to a litigant:
first, a petition for relief from judgment under Rule 38 of the
Rules of Court on the grounds of fraud, accident, mistake,
On the other hand, where the court believes, either in the and excusable negligence filed within sixty (60) days from
interest of substantial justice, or that the case could be the rime petitioner learns of the judgment but not more than
justly resolved only with revelatory data which may be six (6) months from the entry thereof;
obtained from the respondent, or that his counsel is not
acting with due diligence or competence in protecting the second, a direct action to annul judgment on the ground of
respondent’s interest, it may require the submission of extrinsic fraud; and third, a direct action for certiorari or
such comment under pain of sanction for indirect collateral attack to annual a judgment that is void upon its fac
contempt (Regalado, 2008). or void by virtue of its own recitals (Arcelona v. CA, G.R.
No. 102900, October 2, 1997).
RULE 47: ANNULMENT OF JUDGMENTS OR FINAL Owing to the extraordinary nature and objective of the
ORDERS AND RESOLUTIONS remedy of annulment of judgment or final order, there are
SECTION 1: COVERAGE requirements that must be complied with before the
remedy is granted. First, the remedy is only available when
the petitioner can no longer resort to the ordinary remedies
This rule shall govern the annulment by the Court of of new trial, appeal, petition for relief, or other appropriate
Appeals of judgments or final orders and resolutions in remedies through no fault of the petitioner. Second, the
civil actions of the RTC. As plainly provided for in the ground for the remedy is limited to either extrinsic fraud or
provision, this means that you are not allowed to file a lack of jurisdiction (although lack of due process has been
Rule 47 petition against a decision rendered by the RTC cited as a ground by jurisprudence) Third, the time for
in criminal cases. availing the remedy is set by the rules: if based on extrinsic
fraud, it must be filed within four years from the discovery of
Rule 47 does not apply to an action to annul the levy extrinsic fraud; if based on lack of jurisdiction, it must be
and sale at public auction. Neither does it apply to an brought before it is barred by laches or estoppel. Fourth, the
action to annul a writ of execution because a writ of petition should be verified and should allege with particularity
execution is not a final order or resolution, but is issued to the facts and law relied upon, and those supporting the
carry out the mandate of the court in the enforcement of petitioner's good and substantial cause of action or defense
a final order or of a judgment. It is a judicial process to (Encarnacion v. Johnson, G.R. No. 192285, July 11,2018;
enforce a final order or judgment against the losing party Mejia-Espinoza v. Cariño, G.R. No. 193397, January 25,
(Mejia-Espinoza v. Cariño, G.R. No. 193397, January 2017).
25, 2017). As the petitioner, when you are afforded the right to question
while the case was in the lower courts and you DID NOT
RTC does not have the jurisdiction to annul a DARAB question it, your inaction to question will mean that you will
decision. Under the law, they are co-equal (Springfield no longer be afforded the petition of Rule 47 because you
Dev’t Corp. v. Hon. Presiding Judge, G.R. No. 142628, were not able to avail it when you could have.
February 6, 2007).
Annulment of Judgment
The remedy cannot be resorted to when the RTC
judgment being questioned was rendered in a It is a remedy in law independent of the case where the
criminal case. The 2000 Revised Rules of Criminal judgment sought to be annulled was rendered. The judgment
Procedure itself does not permit such recourse, for it may be annulled on the ground of extrinsic or collateral fraud.
excluded Rule 47 from the enumeration of the provisions
of the 1997 Revised Rules of Civil Procedure which have A person who is not a party to the judgment may sue for its
suppletory application to criminal cases. There is no basis annulment provided he can prove that the same was obtained
in law or the rules, therefore, to extend the scope of Rule through fraud or collusion and that he would be adversely
affected thereby. An action for annulment of judgment may be
47 to criminal cases. When there is no law or rule availed of even if the judgment to be annulled had already been
providing for this remedy, recourse to it cannot be allowed fully executed or implemented (Islamic Da'Wah Council of the
(Llamas v. CA, G.R. No. 149588, September 29, 2009). Phil. v. CA, et al., G.R. No. 80892, Sept. 29, 1989).
final order issued by the RTC without jurisdiction is null
SECTION 2: GROUNDS and void and may be assailed any time either collaterally
or in a direct action or by resisting such judgment or final
The following are the grounds for annulment: order in any action or proceeding whenever it is invoked,
unless barred by laches (Ancheta v. Ancheta, G.R. No.
1. Extrinsic Fraud or Collateral Fraud 145370, March 4, 2004).
A judgment otherwise final may be annulled not only on

the ground of extrinsic fraud but also because of lack of
This refers to any fraudulent act of the prevailing party
jurisdiction of the court which rendered it. Consequently,
in the litigation which is committed outside of the trial
the decision may be attacked any time, since the court
of the case, whereby the defeated party has been rendering the decision has not acquired jurisdiction
prevented from exhibiting fully his side of the case, by (Demetriou v. CA, G.R. No. 115595, November 14,
fraud or deception practiced on him by his opponent 1994).
(Sibal v. Buquel, G.R. No. 197825, January 11,
2016). Petitioner questions the propriety if the notice sent to the
deputized counsel of the OSG, arguing that notice to its
Extrinsic fraud exists when there is a fraudulent act deputized counsel is not notice to the OSG. Hence,
committed by the prevailing party outside of the trial absent such notice, the decision of the RTC did not
of the case, whereby the defeated party was become final and executory. Moreover, the failure of the
prevented from presenting fully his side of the case RTC to serve the OSG copies of legal notices, orders,
by fraud or deception practiced on him by the and judicial processes constitutes lack of due process.
prevailing party. The overriding consideration when SC disagrees. It should be stressed that in a petition for
extrinsic fraud is alleged is that the fraudulent scheme annulment of judgment based on lack of jurisdiction,
of the prevailing litigant prevented a party from having petitioner must show not merely an abuse of
his day in court (Ramos v. Combong, Jr., G.R. No. jurisdictional discretion, but an absolute lack of
144273, October 20, 2005; Demetriou v. CA, G.R. jurisdiction. Whether through indevertence or
No. 115595, November 14, 1994). negligence of its deputized counsel or the OSG itself, the
decision has already become final and executory
(Republic v. Technological Advicates for Agro-
Petitioner must explain why he failed to avail the
Forest Programs Associations, Inc., G.R. No.
remedies of appeal, MNT, MR, or petition for relief of 165333, February 9, 2010).
judgment in order to avid abuse of the remedy under
Rule 47 (Ancheta v. Ancheta, G.R. No. 145370, 3. Denial of Due Process
March 4, 2004).
Since petitioner claimed that there was extrinsic fraud Although Section 2 of Rule 47 of the Rules of Court
committed by respondent bank's counsel, she could provides that annulment of a final judgment or order of
have filed a petition for relief under Rule 38 within the the RTC may be based “only on the grounds of extrinsic
period provided for by the Rules of Court, but she did fraud and lack of jurisdiction,” jurisprudence recognizes
not. Section 2, Rule 47 clearly states that extrinsic as additional ground therefor denial of due process
fraud shall not be a valid ground for annulment of (Intestate Estate of the Late Nimfa Sian v. PNB, G.R.
order if it was availed of, or could have been No. 168882, January 31, 2007).
availed of, in a motion for new trial or petition for
relief. Thus, extrinsic fraud is effectively barred if it Q: Can a person who is not a party to the case file a Rule 47
could have been raised as a ground in an available petition?
remedial measure (Spouses Arcenas v. Queen City
Development Bank, G.R. No. 166818, June 16, A: Yes, especially if he is an indispensable party. Before he
2010). can file the petition, he must prove that the grounds for
annulment are present.
2. Lack of Jurisdiction
SECTION 3: PERIOD FOR FILING ACTION
In a case where a petition for the annulment of a If based on EXTRINSIC FRAUD:

judgment or final order of the RTC filed under Rule 47 of
the Rules of Court is grounded on lack of jurisdiction 4 years from its discovery.
over the person of the defendant/respondent or over
the nature or subject of the action, the petitioner need Section 3 of Rule 47 lays down the period to bring an
not allege in the petition that the ordinary remedy of new action for annulment of judgment based on extrinsic fraud;
trial or reconsideration of the final order or judgment or within 4 years from its discovery. Petitioners should
appeal therefrom are no longer available through no fault have filed an annulment of judgment based on extrinsic
of her own. This is so because a judgment rendered or fraud within four years from discovery of the alleged
fraudulent acts committed by private respondents. The adversely affected by a decision in the civil action or
petition must show that the Petition for Annulment was proceeding cannot bring an action for annulment of
filed on time. Otherwise, the court may dismiss it (Ramos judgment under Rule 47 of the Rules of Court. The
v. Combong, Jr., G.R. No. 144273, October 20, 2005). exception is if he is a successor in interest by title
subsequent to the commencement of the action, or if the
If based on LACK OF JURISDICTION: action or proceeding is in rem, in which case the judgment
is binding against him (Encarnacion v. Johnson, G.R.
Before it is barred by laches or estoppel. No. 192285, July 11,2018).
Laches SECTION 5: ACTION BY THE COURT
It is an inexcusable delay in the assertion of rights or If no substantial merit in the petition is found, the Court
failure to prosecute a claim, within a reasonable and may DISMISS the petition.
proper period, which warrants the presumption that a
party has waived his right. Under Section 5, Rule 47 of the Rules of Court, it is
incumbent that when a court finds no substantial merit in
SECTION 4: FILING AND CONTENTS OF PETITION a petition for annulment of judgment, it may dismiss the
petition outright but the "specific reasons for such dismissal"
1. Verified petition alleging therein: shall be clearly set out as it is an extraordinary remedy that
is equitable in character and is permitted only in exceptional
cases. In this case, the dismissal through technical grounds
a. With particularity the facts and the law
by the CA of the Petition for Annulment of Judgment
relied upon for annulment, and exceeded the bounds of its jurisdiction (Spouses Alvarez v.
CA, G.R. No. 192472, June 3, 2019).
b. Petitioner’s good and substantial cause
of action or defense; Rule 47 allows the that Court of Appeals may dismiss the
petition outright as in special civil actions but unlike in special
2. Filed in seven (7) legible copies together with civil action or in original cases where an Order to Comment
sufficient copies corresponding to the number of is sufficient for the court to acquire jurisdiction over the
respondent, the rule requires the issuance of summons
respondents; should prima facie merit be found and the same is due
course.
3. Certified true copy of the judgment or final order
or resolution shall be attached to the original copy If prima facie merit exists, then the same shall be GIVEN
of the petition; DUE COURSE.
4. Affidavits of witnesses or documents supporting Where a judgment has long been final and executory and in
the absence that the party has not been deprived of due
cause of action or defense; and
process, or that the said judgment was procured by extrinsic
or collateral fraud, the judgment cannot be set aside.
5. Certificate of non-forum shopping.
SECTION 6: PROCEDURE
A person who is not a party in the original case may file a The procedure in ordinary civil case shall be observed.
petition under Rule 47 (Anuran v. Aquino, G.R. No.
12397, April 2, 1918). The reception of evidence may be referred to a member of
the court or judge of RTC should a trial be necessary.
One need not be a party to the judgment sought to be
annulled. What is essential is that it can prove his The initial stages of court action when an annulment of
allegation that the judgment obtained by the use of fraud judgement is filed:
and collusion and it would be adversely affected thereby.
Even where there was no fraud and collusion, however 1. Preliminary evaluation of the merit;
this Court allowed parties to file petitions for annulment of 2. Service of summons similar to ordinary civil actions
judgment to question precisely their non-inclusion as
parties to the original case (Intestate Estate of the Late Rule 47 may be availed of even if the decision had been
Nimfa Sian v. PNB, G.R. No. 168882, January 31, fully implemented.
2007).
Q: Will the action for annulment of judgment stay the
The proper party to file a petition for annulment of execution of the decision assailed?
judgment or final order need not be a party to the
judgment sought to be annulled. A person not A: No. The decision is already executory.
Q: What is your remedy to stay the execution? The reason for such annulment was because of lack of
jurisdiction over the defendant, the action may be refiled in
A: The action for annulment should be accompanied the same original court provided it had jurisdiction over the
with TRO of writ of preliminary injunction. A writ of subject-matter and is the court of proper venue or no issue
preliminary injunction may be issued to prevent execution. on venue is raised.
The reception of evidence may not be referred to the RTC Annulment on the ground of extrinsic fraud committed
judge whose action without jurisdiction or was by the offending party
involved in extrinsic fraud.
Where the judgment or final order or resolution is set aside
on the ground of extrinsic fraud, the court may on motion,
EXAMPLE: There was extrinsic fraud because the judge
order the trial court to try the case as if a timely motion for
connived with the other party. Common sense will tell us new trial had been granted therein.
that the CA will not refer the reception of evidence to that
same judge who was accused of having connived with the On motion of the prevailing party on justifiable grounds, he
other party. may be allowed to no longer refile the action and the trial
court which rendered the questioned judgment shall be
The reception of evidence may be referred to the RTC ordered to try the case anew as if a timely motion for new
judge in case of extrinsic fraud, if the said judge is not trail had been granted therein.
involved in the extrinsic fraud. RTC may receive
evidence, but the decision will be by the CA. The difference lies in the fact that its original judgment was
not tainted by jurisdictional defects, but by deception which
Q: Can petition for annulment of judgment assail a judicial resulted in prejudicial errors therein.
compromise agreement (immediately executory)?
Note that Rule 47 results in three different scenarios
A: No, because the proper remedy is motion to set aside after annulment:
the judgment and the compromise agreement. Appeal the
denial. It is just a motion, not the petition for annulment 1. Annulled because the court has no jurisdiction
under Rule 47. over the subject matter – remedy is to refile to the
proper court;
SECTION 7: EFFECT OF JUDGMENT 2. Annulled because the indispensable party was not
impleaded, therefore there is lack of jurisdiction
Q: What is the effect if petition for annulment is granted? over the person of the defendant – remedy is that
the action will be refiled in the same original court,
A: It depends on which ground the decision was set provided that it has jurisdiction over the subject
aside. If the ground is lack of jurisdiction, and the decision matter and there is no issue as to venue; and
assailed is set aside, an original action may be refiled.
3. Annulled because a prevailing party committed
The petitioner is allowed to refile the case. If the ground
extrinsic fraud – it will be treated as if a motion for
is extrinsic fraud, and the decision assailed is set aside,
the court may, upon motion, order a new trial, as if a timely new trial was timely filed.
motion for new trial was filed.
SECTION 8: SUSPENSION OF PRESCRIPTIVE
Annulment on the ground of lack of jurisdiction PERIOD
Q: The prescription period of action for a breach of written
A judgment of annulment shall set aside the questioned contract is 10 years. AA filed the petition on the 9th year. After
judgment or final order or resolution and render the same five years, the case reached a decision. AA filed a petition for
null and void (if petition to annul was granted), without annulment, and it took two years to reach a decision. Seven
years after the filing of the case, there was a petition for
prejudice to the original action being refiled in the proper annulment. Can AA still file it?
court.
A: Yes. Technically the prescriptive period for the refiling of the
Lack of jurisdiction over the subject matter original action shall be deemed suspended from the filing of
such original action until the finality of judgment of annulment.
Filed on the 9th year, so technically A still has more or less two
This may involve a different court of competent years within which to file.
jurisdiction in the instance where the judgment in the
original action is annulled because the court which Extrinsic fraud attributable to the plaintiff in the original
rendered the same had no jurisdiction over the subject action
matter. If the extrinsic fraud which resulted in the annulment of judgment
of the trial court is attributable to the plaintiff in the original action,
Lack of jurisdiction over the defendant the suspension of the prescriptive period authorized in this
section will not apply.
RULE 48: PRELIMINARY CONFERENCE
For purposes of computing the prescriptive period
within which the same original action may be refiled
as authorized in the next preceding section: Nature of preliminary conference
1. The prescriptive period provided by law for such When you talk about Rules 48 to 56, these are procedures either
type of action must first be considered. in the CA or SC.
2. From that period, set aside the length of time
which transpired from the date when the action Under Rule 48, Preliminary Conference is the same as the pre-
was originally filed in the trial court up to the trial conference in the lower court.
finality of the judgment which eventually annulled
the questioned judgment of that trial court. It can be availed of in the exercise of CA’s original jurisdiction or
3. The remaining period of the prescriptive period appellate jurisdiction. The preliminary conference can also be
(prescriptive period provided by law deducted by availed of in the CA because the latter is also a trier of facts.
the time when the original action was filed) may
then be availed of by the aggrieved party for the It is the CA who will call for a preliminary conference. At most,
refiling of the same action. the parties can only file a motion moving for the preliminary
conference. It is not a matter of right.
EXAMPLE: AA has ten years within which to file an action
(2000 – 2010) AA filed on January 2, 2009 (technically AA RULE 49: ORAL ARGUMENT
has almost two years left to file) RTC rendered a decision
after five years (2015) AA discovered extrinsic fraud and
AA filed a petition on annulment on 2017. CA granted The CA, upon the motion of a party, may move for oral
AA’s petition on ground of lack of jurisprudence over the arguments. Unless authorized by the Court, only one counsel
subject matter on 2019. Technically, AA still has almost may argue for a party.
two years within which to refile the action.
Oral Arguments
But if the action was fraud committed by the plaintiff, there
is no suspension of the running of the period. That means, The CA may call for it, or the parties may file a motion.
there is a chance that the plaintiff cannot file if the Unless authorized by the court, only one counsel may argue
proceedings extend. He will not be able to profit from his for the party.
own fraudulent misdoing.
Unlike the procedure in the lower courts, when filing a motion,
SECTION 9: RELIEF AVAILABLE you do not put a notice of hearing. But the rules provide that
the adverse party may file his objection at least five days from
Orders of restitution or reparation of damages are authorized service of the said motion. The hearing therefore on the motion
to be issued by the trial court where an executed judgment is discretionary.
is reversed totally or partially or annulled on appeal or
otherwise. DIFFERENCE BETWEEN THE MOTIONS FILED IN
THE CA OR SC AND THE MOTIONS FILED IN THE
Judgment may include award of damages, attorney’s fees TRIAL COURTS.
and other relief. This is consistent with the principle that the
CA can receive evidence even in the exercise of its original
jurisdiction. In the trial courts, motions must include notice of hearing;
but in the CA, there is no need for notice of hearing
Judgments or final orders that have already been executed because hearing on the motions is greatly discretionary
may be the subject of a petition for annulment of judgment. on the part of the court.
If judgment already executed, the court may issue Orders of
Restitution or other relief as justice and equity may warrant. RULE 50: DISMISSAL OF APPEAL
SECTION 1: GROUNDS FOR THE DISMISSAL OF
If restitution can no longer be effected
APPEAL
If restitution can no longer be effected, the relief may be in
the form of compensation under the same formula suggested Grounds for the Dismissal of Appeal; Their nature
in Po Pauco v. Tan Juco (G.R. No. 24996, Sept. 4, 1926).
Note that the grounds for the dismissal of an appeal are
SECTION 10: ANNULMENT OF JUDGMENTS OF directory, not mandatory. It is not ministerial on the part
FINAL ORDERS OF MUNICIPAL TRIAL COURTS of the court to dismiss the appeal. The enumeration listed
in Section 1 is not exclusive, because there are other
An action to annul a judgment or final order of a Municipal
Trial Court shall be filed in the Regional Trial Court having grounds when appeal may be dismissed:
jurisdiction over the former. It shall be treated as an
ordinary civil action and sections 2, 3, 4, 7, 8 and 9 of this 1. By agreement of the parties, the parties can move
Rule shall be applicable thereto. for the dismissal of the appeal

2. Where the appeal has been rendered moot and 2. Failure to pay the docket fees.
academic.
RULE 51: JUDGMENT
The SC will no longer remand the petition in case of SECTION 1: WHEN A CASE IS DEEMED SUBMITTED
improper appeal, SC will just dismiss the case. And the FOR JUDGMENT
dismissal is fatal. Wrong mode of appeal would mean that
the decision becomes final and executory. In ordinary Appeals
1. When no hearing on the merits of the main case is
Withdrawal of an Appeal held:
- Upon the filing of the last pleading, brief, or
As a matter of right - anytime before the filing of the memorandum required by the Rules or the Court;
appellee’s brief; but once the appellee’s brief has been or
filed, then it becomes by way of motion. - The expiration of the period for filing (Sec. 1 [a],
Rule 51, RoC).
Payment of docket fees for perfection of appeal 2. When a hearing is held
- Upon its termination;
In this case, it was held that the non-payment of docket
- Upon the filing of the last pleading or
fees and other fees within the period is mandatory for the
memorandum as required or permitted by the
perfection of the appeal. Otherwise, the right to appeal is
court; or
lost. This is because the court acquires jurisdiction over
- The expiration of the period for its filing (Sec. 1
the subject matter:
[a], Rule 51, RoC).
1. if the appeal is filed within the reglementary
In original actions and petitions for review:
period
2. payment of docket fees must be made within the 1. Where no comment is filed:
reglementary period. When the docket fees in the - Upon the expiration of the period to comment.
appellate court is not paid in full within the (Sec. 1 [b], Rule 51, RoC)
reglementary period, the decision of the trial court 2. Where no hearing is held:
- Upon the filing of the last pleading required or
becomes final and executory and therefore
permitted to be filed by the court; or
becomes immutable and no longer susceptible to
- The expiration of the period for its filing (Sec. 1 [b],
the appeal. Once a decision has attained finality, Rule 51, RoC).
not even the SC—as a general rule—can change 3. Where a hearing on the merits of the main case is held:
the decision (D.M. Wenceslao and Associates - Upon its termination;
vs. City of Parañaque City Assessor, G.R. No. - Upon the filing of the last pleading or
170728, August 31, 2011). memorandum required or permitted by the court;
or
Trial Court has no Authority to Dismiss the Appeal - The expiration of the period for its filing (Sec. 1 [b],
Rule 51, RoC).
The power of the RTC to dismiss the appeal is limited only in
the instances specified in Rule 50, Section 1. SECTION 2: BY WHOME RENDERED
These two instances are the following, to wit: Rendition of Judgment
1. It was filed out of time Judgment shall be rendered by the members of the court
2. docket fee was not paid. who participated in the deliberation of the case before its
assignment to a member for the writing of the decision (Sec.
If it is a wrong remedy, it is not for the RTC to say it. It is for 2, Rule 51, RoC).
the appellate court to say it.
SECTION 3: QUORUM AND VOTING IN THE COURT
Q: Can the RTC dismiss it?
Quorum and voting in the court
A: No. In Philippine Bank vs CA (G.R. No. 218901,
February 15, 2017), there are only two (2) instances where Participation of all three justices of a division shall be
the RTC can dismiss the appeal outright: necessary at the deliberation and a unanimous votes of
the three justices shall be required for the
1. Failure to file the NOA within the reglementary pronouncement of a judgment or final resolution.
period; and
If the unanimous vote is not reached (Sec. 3, Rule 51, SECTION 6: HARMLESS ERROR RULE IN APPEALS
RoC):
• The clerk shall enter the votes of the dissenting Harmless Errors
justice in the record.
No error in either the admission or the exclusion of evidence
Thereafter, the Chairman of the division shall refer the
and no error or defect in any ruling or order or in anything
case, together with the minutes of the deliberation, to the done or omitted by the trial court or by any of the parties is
Presiding Justice: ground for granting a new trial or for setting aside, modifying,
or otherwise disturbing a judgment or order, unless refusal to
who shall designate two Justices chosen by raffle from take such action appears to the court inconsistent with
among all the other members of the court to sit substantial justice (Sec. 6, Rule 51, RoC).
temporarily with them, forming a special division of five
Justices. The court at every stage of the proceeding must disregard
any error or defect which does not affect the substantial
The participation of all the five members of the special rights of the parties (Sec. 6, Rule 51, RoC).
division shall be necessary for the deliberation required
in Sec. 2, Rule 51 of the Rules of Court. SECTION 7: JUDGMENT WHERE THERE ARE
SEVERAL PARTIES
The concurrence of a majority of such division shall be
required for the pronouncement of a judgment or final Judgment where there are several parties
resolution.
In all actions or proceedings, an appealed judgment may
NOTE: To be binding, aa judgment must be duly signed be affirmed as to some of the appellants, and reversed as to
and promulgated during the incumbency of the judge or others, and the case shall thereafter be proceeded with, so
justice who signed it. far as necessary, as if separate actions had been begun and
prosecuted, and execution of the judgment of affirmance
SECTION 4: DISPOSITION OF A CASE may be had accordingly, and costs may be adjudged in such
cases, as the court shall deem proper (Sec. 7, Rule 51,
RoC).
Disposition of the case
The CA, in the exercise of its appellate jurisdiction (Sec. 4, SECTION 8: QUESTIONS THAT MAY BE DECIDED
Rule 51, RoC):
• May affirm, reverse, modify the judgment or final GR: Only errors claimed and assigned by a party shall be
order appealed from, and considered by the court (Sec. 8, Rule 51, RoC).
• May direct a new trial or further proceeding to be
XPN:
had. 1. Errors affecting its jurisdiction over the subject
- When the CA directs a new trial or further matter;
proceedings, the case shall either be:
2. Errors affecting the validity of the judgment
a. remanded to a trial court; or
appealed from or the proceedings therein; and
b. the CA can receive evidence and perform
3. Errors closely related to or dependent on the
all acts necessary to resolve factual issues.
assigned error and properly argued in the brief.
- This can be exercised in cases falling within the
court’s original jurisdiction and/or falling within
the court’s appellate jurisdiction wherein a Q: Vivian Lee filed a complaint against Philippine Hawk
Motion for New Trial is bases only on the ground
Corporation (PHC) for damages based on quasi-delict,
arising from a vehicular accident which resulted in the
of a newly discovered evidence.
death of her husband, Silvino Tan, and caused her
SECTION 5: FORM OF DECISION physical injuries. PHC denied liability, alleging that the
immediate and proximate cause of the accident was the
Form of Decision recklessness or lack of caution of Silvino. In the RTC, the
parties agreed to the following facts: that Vivian and
Every decision or final resolution of the court in appealed
Silvino, while on board a motorcycle driven by the latter,
cases shall clearly and distinctly state the findings of fact and
and a Metro Bus driven by Margarito Avila, employee of
the conclusions of law on which it is based, which (Sec. 5,
Rule 51, RoC): PHC, were involved in an accident. As a result, Silvino
• may be contained in the decision or final resolution died on the spot, while Vivian suffered physical injuries
which necessitated medical attention and hospitalization.
itself,
The RTC held PHC liable for failing to exercise the
• or adopted from those set forth in the decision, diligence of a good father of the family in the selection and
order, or resolution appealed from. supervision of Avila, the bus driver, having failed to
sufficiently inculcate in him discipline and correct behavior by the clerk, with a certificate that such judgment
on the road. CA affirmed the decision of the trial court with or final resolution has become final and
modification in the award of damages. PHC filed a petition executory.
for review arguing that since it was the only one that NOTE: The date of entry is important for purposes of the
appealed the decision of the RTC, the CA erred in
execution of judgment.
awarding other kinds of damages in favor of Vivian. Did
the CA erred in awarding other kinds of damages in favor
Requirement of entry of judgment
of Vivian Tan Lee, who did not appeal from the trial court’s
decision? Q: Is an entry of judgment required before a writ of execution
can be issued?
A: No. The rule is settled that the findings of the trial court,
especially when affirmed by the CA, are conclusive on the A: Yes. An entry of judgment is generally required before a
SC when supported by the evidence on the record. The writ of execution could be issued.
Court carefully reviewed the records of the case and
found no cogent reason to disturb the finding of the trial Sec. 1, Rule 39 of the Rules of Court provides that before
court. a writ of execution could be issued, the judgment obligee
must first apply for execution with the court of origin and with
Sec. 8, Rule 51 of the Rules of Court provides that “no notice to the adverse party. Together with the motion, the
error which does not affect the jurisdiction over the subject judgment obligee must submit certified true copies of the
matter or the validity of the judgment appealed from or the judgment or judgments or final order or orders sought to be
proceedings therein will be considered unless stated in enforced and the entry of such judgment or final order.
the assignment of errors, or closely related to or
dependent on an assigned error and properly argued in However, there is an exception. Sec. 11, Rule 51 of the
the brief, save as the court pass upon plain errors and Rules of Court provides where the judgment or final order
clerical errors.” (Philippine Hawk Corporation vs. or resolution, or a portion thereof is ordered to be
immediately executory, an entry of judgment is no longer
Vivian Tan Lee, G.R. No. 166869, 16 February 2010).
necessary (Natalia Realty vs. CA and Antonio Martinez et.
al, G.R. No. 126462, 12 November 2002).
SECTION 9: PROMULGATION AND NOTICE OF
JUDGMENT
SECTION 11: EXECUTION OF JUDGMENT
Promulgation and Notice of Judgment Execution of Judgment
After the judgment or final resolution or separate opinions, The motion for execution of judgment may be only filed in the
if any are signed by the justices taking part. proper court after its entry, except where the judgment or
final order is ordered to be immediately executory (Sec. 11,
They shall be delivered for filing to the clerk, who shall Rule 51, RoC).
indicate the date of promulgation, and cause true copies
to be served upon the parties (Sec. 9, Rule 51, RoC). In original actions in the CA, the Writ of Execution shall
be accompanied by:
NOTE: A decision must not only be signed by the Justices
who took part in the deliberation, but it must also be A certified true copy of the entry of judgment, and
promulgated to be considered as a Decision addressed to any appropriate officer for its enforcement.
(Limkaichong v. COMELEC, G.R. No. 178831-32, 30
July 2009). In appealed cases, where the motion for execution
pending appeal is filed in the CA at a time that it is in
SECTION 10: ENTRY OF JUDGMENT AND FINAL possession of the original record or the record on
RESOLUTIONS appeal:
Entry of Judgment and Final Resolutions The resolution granting such motion shall be transmitted to
the lower court from which the case originated, together with
If no appeal or motion for new trial or reconsideration is a certified true copy of the judgment or final order to be
filed within the time provided in these Rules, the judgment executed, with a directive for such court of origin to issue the
or final resolution shall forthwith be entered by the clerk in
proper writ for its enforcement.
the book of entries of judgments (Sec. 10, Rule 51, RoC).
- The date when the judgment or final resolution
becomes executory shall be deemed as the date RULE 52: MOTION FOR RECONSIDERATION
of its entry. SECTION 1: PERIOD OF FILING
- The record shall contain the dispositive part of the Period of Filing
judgment or final resolution and shall be signed
Within 15 days from notice of the decision, with proof of and before the Court of Appeals loses jurisdiction over the
service to the other party (Sec. 1, Rule 52, RoC) case (Sec. 1, Rule 53, RoC).
NOTE: The CA loses jurisdiction when the period within which

SECTION 2: SECOND MOTION FOR
to file a MNT had already lapsed or when you appeal it to the
RECONSIDERATION SC and the SC took cognizance - you cannot file a MNT
anymore.
Second Motion for Reconsideration
The only ground is newly discovered evidence which could
The rule prohibit a second motion for reconsideration by not have been discovered prior to the trial in the court below by
the same party (Sec. 2, Rule 52, RoC). the exercise of due diligence and of such character as
would probably alter the results thereof.
SECTION 3: RESOLUTION OF THE MOTION
NOTE: The Rules of Court allow only two occasions when a
party may file a MNT on the ground of newly discovered
Resolution of the Motion evidence. (1) filed with the trial court under Rule 37 or with the
CA under Rule 53 but NEVER with the SC.
Within 90 days from the date the CA declares it submitted
for resolution, which is normally upon the filing of the last The SC is NOT a trier of facts. It is not the function of this Court
pleading required by the Rules or by the Court. to analyze or weigh all over again the evidence already
considered in proceedings below, its jurisdiction being limited to
The time limit applies only to MR in the CA. It does not reviewing only errors of law that may have been committed by
apply to MR in SC, pursuant to the exception in Sec. 2(b), the lower courts. Such review does not extend to reversing the
Rule 56 (Sec. 3, Rule 52, RoC). factual findings of such courts save only in the exceptional cases
(Navarra v. CA, 204 SCRA 850).
SECTION 4: STAY OF EXECUTION NOTE: MNT must be accompanied by affidavits showing the
facts constituting the grounds therefor and the newly discovered
Stay of Execution evidence.
The pendency of a motion for reconsideration filed on time SECTION 2: HEARING AND ORDER
and by the proper party shall stay the execution of the
judgment or final resolution sought to be reconsidered, Hearing and Order
unless the court, for good reasons, shall otherwise direct
(Sec. 4, Rule 52, RoC). Taking of further testimonies may be done orally or by
depositions, with notice to both parties (Sec. 2, Rule 53,
NOTE: When you file a motion for reconsideration, that RoC).
MR will not be heard as if you have oral arguments. It is
either the court will ask you to appear for oral arguments SECTION 3: RESOLUTION OF THE MOTION
or you can file a motion - the resolution of which will
depend upon the discretion of the Court of Appeals. Resolution of the Motion
If your MR is denied, apply the Neypes Rule. If you want 90 days from the date the CA declares it submitted for
to appeal it, you have a fresh period within which to file resolution (Sec. 3, Rule 53, RoC).
your petition for review under Rule 45.
SECTION 4: PROCEDURE IN NEW TRIAL
RULE 53: MOTION FOR NEW TRIAL
Procedure in New Trial
You can file a Motion for New Trial before the Court of The CA shall have the power to try cases and conduct
Appeals, but not before the Supreme Court. hearings, receive evidence and perform any and all acts
necessary to resolve factual issues raised in cases falling
NOTE: As a general rule, one cannot file a motion for within its original and appellate jurisdiction, including the
new trial before the SC, but only before the RTC and the power to grant and conduct new trial or further proceedings
CA. (Sec. 4, Rule 53, RoC).
SECTION 1: PERIOD FOR FILING; GROUND RULE 54: INTERNAL BUSINESS

Period for Filing SECTION 1: DISTRIBUTION OF CASES
AMONG DIVISIONS
Filing of a Motion for New Trial is at any time after the
perfection of the appeal from the decision of the lower court Distribution of cases among divisions

All the cases of the Court of Appeals shall be allotted
among the different divisions thereof for hearing and SECTION 2: PREPARATION OF OPINIONS
decision (Sec. 1, Rule 54, RoC). FOR PUBLICATION
Court of Appeals en banc shall make proper orders or
Duties of the reporter
rules to govern the following:
The reporter shall prepare and publish with each reported
1. Allotment of cases among the different judgment and final resolution:
divisions,
2. The constitution of such divisions, 1. A concise synopsis of the facts necessary for a clear
understanding of the case;
3. The regular rotation of Justices among them,
2. The names of counsel;
4. The filing of vacancies occurring therein, and
3. The material and controverted points involved,
5. Other matters relating to the business of the 4. The authorities cited therein; and
court; 5. A syllabus which shall be confined to points of law
(Sec. 2, Rule 55, RoC).
Such rules shall continue in force until repealed or altered
by the Supreme Court. SECETION 3: GENERAL MAKE-UP OF
VOLUMES
SECTION 2: QUORUM OF THE COURT
Philippine Reports
SESSIONS OF A
SESSIONS EN BANC
DIVISION These are the published decisions and final resolutions of
WHAT CONSTITUTE A QUORUM? the Supreme Court.
Majority of the actual Three members shall
members of the court constitute a quorum Court of Appeals Reports
shall constitute
a quorum. These are the published decisions and final resolutions of
VOTES NECESSARY the Court of Appeals.
Affirmative votes of the Affirmative votes of
majority of the three members of a Contents of each volume
members present shall division shall be
be necessary to pass a necessary for the 1. Table of the cases reported and the cases cited
resolution. pronouncement of a
judgment or final in the opinions,
resolution, which shall 2. Complete alphabetical index of the subject
be reached in matters of the volume.
consultation before the
writing of the opinion General make-up of each volume
by any member of the
division. 1. It shall consist of not less than 700 pages;
2. Printed upon good paper,
RULE 55: PUBLICATIONS OF JUDGMENTS AND 3. Well bound;
FINAL RESOLUTIONS 4. Numbered consecutively in the order of the
SECTION 1: PUBLICATION volumes published
Publication of judgments and final resolutions of the court PROCEDURE IN THE SUPREME COURT
RULE 56: ORIGINAL / APPEALED CASES
1. Shall be published in the Official Gazette and in the
Reports officially authorized by the court; ADMINISTRATIVE ORDERS
2. In the language in which they have been originally
written;
A.M. No. 10-3-7-SC (Re: proposed rules on E-filing)
3. Together with the syllabi therefor prepared by the
When you file a pleading before the SC, it must be
reporter in consultation with the writers thereof; and
accompanied by a disc or a flash drive.
4. Memoranda of all other judgments and final resolutions
not so published shall be made by the reporter and
A.M. No. 11-9-4-SC (Re: Rule for the efficient use of
published in the Official Gazette and the authorized
paper)
reports (Sec. 1, Rule 55, RoC).
There are measurements: single-spaced, 14 1. Failure to take an appeal within the reglementary
period
SECTION 1: ORIGINAL CASES COGNIZABLE 2. Lack of merit
3. Failure to pay the requisite docket fees and other
Original cases cognizable lawful fees
4. Failure to comply with the requirements of proof of
1. Petitions for Certiorari
service
2. Petitions for Prohibition
5. Error on the choice of the mode of appeal
3. Petition for Mandamus
4. Petition for Quo-Warranto WHEN IT IS NOTICE OF APPEAL
5. Petition for Habeas Corpus
6. Disciplinary proceeding against members of the 1. MTC à RTC
judiciary and attorneys, and 2. RTC acting on its original jurisdiction to the CA
7. Cases affecting ambassadors, other public 3. No certificate of non-forum shopping needed
ministers and consuls may be filed originally in 4. Title: Appellant vs Appellee
the Supreme Court. 5. Period to appeal: 30 days (for cases involving
multiple appeals)
NOTE: Even RTC and CA have concurrent jurisdiction 6. As a general rule: Stays the execution, but there
with these cases. But please do not forget the Hierarchy are exceptions
of Courts rule. 7. You cannot extend your period to file Notice of
Provisions dealing strictly with appealed cases in the CA Appeal (same with Rules 42,43,45)
are not applicable. 8. Based on mixed questions of fact and law
SC cannot decide on a MNT based on newly discovered 9. Records are elevated to the appellate court
evidence because it cannot entertain motions based on
questions of fact. NOTE: The notice of appeal is filed with the court of origin.
Docket fees are also paid at the court of origin.
SECTION 2: RULES APPLICABLE
PETITION FOR REVIEW (RULES 42, 43,45):
CA Rules that are applicable to the SC
1. You file the petition with the appellate court, you
1. Rule 46 Original Actions in the CA pay the docket fee with the appellate court
2. Rule 48 Preliminary Conference 2. Certificate of non-forum shopping is required
3. Rule 49 Hearings on Oral Arguments 3. Title: Petitioner vs Respondent
4. Rule 51 Judgment 4. Period to file: 15 days regardless of the nature of
5. Rule 52 Motion for Reconsideration the action
5. Rule 42 - stayed execution except those decided
under the Rules of Summary Procedure.
SECTION 3: MODE OF APPEAL
6. Rule 43 - the appeal to the CA, as a general rule, is
Mode of Appeal not stayed .
7. Rules 42, 43 - based on mixed questions of fact or
An appeal with the SC may be taken only via Petition for law or both.
Review on Certiorari except in criminal cases where the 8. Rule 45 - always questions of law.
penalty imposed is death, reclusion perpetua or life 9. You can file a motion in the reglementary period and
imprisonment. upon payment of the filing fee a motion for extension
of time to file the physical petition. But you have to
The appeal should be governed by and disposed of in do it within the reglementary period
accordance with the applicable provisions of the
10. Records are not elevated unless required by the
Constitution, laws, Rules 45, 48, Sections 1, 2, and 5 to
appellate court.
11 of Rule 51, 52, and this Rule.
11. When you file a petition for review, you have to copy
SECTION 4: PROCEDURE furnish even the courts below and of course with the
adverse party.
Grounds for Dismissal of Appeal
Except as provided therefor in Section 3, rule 122, regarding
The appeal before the SC may be dismissed motu proprio or on appeals in criminal cases where the penalty imposed is
a motion by the respondent for the following grounds: death, reclusion perpetua or life imprisonment, an appeal
taken to the SC by notice of appeal shall be dismissed.
Because the proper mode is Rule 45 and there are no factual Where the court en banc is equally divided in opinion, or the
issues. necessary majority cannot be had, the cases shall again be
deliberated upon, and if after such deliberation no decision is
If the original action commenced in the SC, if the opinion reached, the original action commenced in the court shall be
is equally divided, the petition will be dismissed. If the dismissed; in appealed cases, the judgment or order appealed
from shall stand affirmed; and on all incidental matters, the
opinion of the court is equally divided, the decision on petition or motion shall be denied. (Sec. 7, Rule 56, RoC).
appeal is affirmed. On all incidental matters, the petition
or motion shall be denied. A.M. NO. 10-3-7-SC
PROPOSED RULES ON E-FILING
Q: You have an adverse decision from the SC, can you
file a Motion for Reconsideration with the prayer that it Guidelines on submission and processing of soft
should be heard by the SC En Banc? copies of Supreme Court-bound papers pursuant to
the efficient use of paper rule
A: No. The SC will decide whether that case will be heard
by the en banc or not. 1. Soft copies of all SC-bound papers and their
annexes must be submitted simultaneously with the
CASES DECIDED BY THE SC EN BANC
hard copy if by CD or within 24 hours from the filing
In the case of Firestone Ceramics, Inc. vs. CA (334 SCRA of the hard copy if by e-mail. It must be understood,
465), the MR was referred to En Banc. Under SC Circular however, that the paper shall be deemed to have
No. 2-89 (February 7, 1989, as amended by the Resolution been filed on the date and time of filing of the hard
of November 18, 1993), the following are considered en banc copy and not the soft copy.
cases: 2. The soft g must be in PDF and individually saved,
as well as individually attached to the e-mail, if
1. Cases where it involves the constitutionality or applicable. The filename of the soft copy must be
validity of any treaty, international or executive the same as the document title.
agreement, law, executive order, or Presidential 3. Soft copies must be addressed to the appropriate
Decree, proclamation, order, instruction, ordinance, docketing office. E-mail address are provided by the
or regulation in question; Notice of Resolution.
2. Criminal cases especially when the appealed 4. The docketing offices have the primary
decision involves death; responsibility of ensuring that all SC-bound papers
3. Cases raising novel questions of law; have the corresponding soft copies. They shall also
4. Cases involving ambassadors, other public be responsible for the safekeeping and archiving of
ministers and consuls; the CDs.
5. Cases involving the CSC, COMELEC and COA; 5. The e-mail shall use the prescribed format:
6. Cases where the penalty is one of dismissal of a
judge, officer of the judiciary, disbarment of a
lawyer;
7. Cases where a doctrine or principle will now have to
be modified or reversed;
8. Cases assigned in a division in which the opinion of
at least three (3) members thereof merit the
attention of the court en banc; and
9. All other cases of the court en banc by vote of
majority may be deemed of sufficient importance to
merit its attention.
Q: If the Supreme Court en banc is equally divided in

opinion covering an original action, the case shall be: 6. A CD or an e-mail shall contain only electronic
a) Re-raffled to a division. documents pertaining to one case. In the same
b) Original action shall be dismissed. manner, all soft copies of SC-bound papers and
c) The judgment appealed from shall be official. their annexes pertaining to the same case shall
d) Again deliberated upon. be saved in one CD or attached to one e-mail. In
case the total file size of the electronic document
A: b) Original actions shall be dismissed.
exceeds the maximum size of the CD or the
maximum size allowed for uploading by the e-mail
service being used by the filer, the electronic Justices, Offices of the Clerks of Court, OCA, JRO,
documents may be saved in different CDs or e- OBC and OAS-SC.
mailed in batches, but must be clearly marked
and/or follow the format prescribed above. 15. The MISO shall set up a similar system for cases
and matters of the Presidential Electoral Tribunal.
7. The filer shall also attach to the CD or the e-mail a
verified declaration that the pleading and annexes A.M. NO. 11-9-4-SC
submitted electronically are complete and true PROPOSED RULE FOR EFFICIENT USE OF PAPER
copies of the printed document and annexes filed
with the SC. Format and Style
All pleadings, motions and similar papers intended for the

8. Only designated personnel of the concerned
court and quasi-judicial body’s consideration and action
docketing office shall have authority to open the CD (court-bound papers) shall be written:
or access the e-mail. This is to ensure that the 1. In single space with one-and-a-half space between
security and confidentiality of electronically- paragraphs;
submitted documents, which may include internal 2. Using an easily readable font style of the party’s
memoranda, are not compromised. choice, of 14-size font; and
3. on a 13-inch by 8.5-inch white bond paper (Sec. 3,
9. Aforesaid designated personnel shall upload a copy par. 1, Rule 56, RoC).
of the electronic document to the primary back-up,
and then, transmit the electronic document to the Who shall comply?
division to which the case or matter is assigned.
1. All decisions, resolutions and orders issued by
10. The said division shall create folders for each case courts and quasi-judicial bodies under the
(case folder) and subfolders for each pleading, administrative supervision of the Supreme Court
motion or similar paper transmitted to it by the 2. Similarly covered are the reports submitted to the
docketing office (document subfolder), provided that courts and transcripts of stenographic notes (Sec.
the annexes shall be contained in the same 3, par. 2, Rule 56, RoC).
subfolder as the pleading, motion or similar paper to
which they are annexed. Margin and Prints
11. The case folder must be named according to the The parties shall maintain the following margins on all court-
docket number, while the document subfolder must bound papers:
be named according to the title of the document and 1. A left hand margin of 1.5 inches from the edge;
the date of filing. 2. An upper margin of 1.2 inches from the edge;
3. A right hand margin of 1.0 inch from the edge; and
12. After creating the appropriate folder and/or
4. A lower margin of 1.0 inch from the edge (Sec. 4,
subfolder, the said division shall upload the same to
Rule 56, RoC).
the e-filing network. At this point, only the said
division may add, delete or move files or folders in Every page must be consecutively numbered.
the e-filing network.
Copies to be Filed
13. In case of consolidation of case, the division
concerned shall create a new folder containing all Unless otherwise directed by the court, the number of
the consolidated cased, and this new folder shall be court-bound papers that a party is required or desires to
named according to the docket number of the file shall be as follows:
controlling case.
1. In the Supreme Court, one original (properly
In case of deconsolidation of cases, the division marked) and four copies, unless the case is
concerned shall deconsolidate the case folders referred to the Court En Banc, in which event, the
accordingly. parties shall file ten additional copies.
14. Authorized users from the following offices may
For the En Banc, the parties need to submit only
view and download such electronic documents in
two sets of annexes, one attached to the original
the e-filing network which concern their office of and an extra copy.
division: Offices of the Chief Justice and Associate
For the Division, the parties need to submit also - 1 original, properly marked + annexes attached
two sets of annexes, one attached to the original
and an extra copy. All members of the Court shall Annexes Served on Adverse Party
share the extra copies of annexes in the interest
of economy of paper. A party required by the rules to serve a copy of his court-
bound on the adverse party need not enclose copies of
Parties to cases before the Supreme Court are those annexes that based on the record of the court such
further required, on voluntary basis for the first six party already has in his possession.
months following the effectivity of this Rule and
compulsorily afterwards unless the period is In the event a party requests a set of the annexes actually
extended, to submit, simultaneously with their filed with the court, the part who filed the paper shall
court-bound papers, soft copies of the same and comply with the request within five days from receipt (Sec.
their annexes (the latter in PDF format) either by 6, Rule 56, RoC).
email to the Court’s e-mail address or by compact
disc (CD). This requirement is in preparation for PROVISIONAL REMEDIES
the eventual establishment of an e-filing
paperless system in the judiciary. These are:
1. Preliminary Attachment (Rule 57)
2. In the Court of Appeals and the 2. Preliminary Injunction (Rule 58)
Sandiganbayan, one original (properly marked) 3. Receivership (Rule 59)
and two copies with their annexes; 4. Replevin (Rule 60)
5. Support Pendente Lite (Rule 61)
3. In the Court of Tax Appeals, one original
(properly marked) and two copies with annexes. Nature of Provisional Remedies
On appeal to the En Banc, one Original (properly
Provisional Remedies are temporary measures made
marked) and eight copies with annexes; and
available during the pendency of the action by a litigant to
protect his interests and rights for the purpose of the ultimate
5. In other courts, one original (properly marked) effects of a final judgment.
with the stated annexes attached to it (Sec. 5,
Rule 56, RoC). GR: Inferior courts can grant all appropriate provisional
remedies provided that the main action is in their jurisdiction.
Summary of Copies to be Filed
XPN: Support Pendente Lite-- the main action of which only
lies with the Regional Trial Court acting as a family court.
Supreme Court
When can Provisional Remedies be availed
Court-bound papers
- 1 original, properly marked + 4 copies Preliminary Attachment and Preliminary Injunction may be
- En Banc: 1 original + 10 copies availed of at any stage but before the entry of final judgment.
Annexes Receivership may be availed of at any stage of the action or

- En Banc: 2 sets – attached to original and proceeding even after the final judgment to preserve the
property involved. The bond will be fixed by such court.
copy
Residual Jurisdiction applies for as long as the records are
- Division: 2 sets – attached to original and still with the trial court.
copy
Replevin must be availed before the defendant files his
Court of Appeals and Sandiganbayan answer.
- 1 original, properly marked + 2 copies with
annexes Support Pendente Lite may be sought at any stage, even for
the first time on appeal.
Court of Tax Appeals
- 1 original, properly marked + 2 copies with RULE 57: PRELIMINARY ATTACHMENT
annexes
- En Banc: 1 original, properly marked + 8 copies Attachment is defined as a provisional remedy by which
the property of an adverse party is taken into legal
with annexes
custody, either at the commencement of an action or at
any time thereafter, as a security for the satisfaction of
Other courts
any judgment that may be recovered by the plaintiff or any
proper party. Grounds for the issuance of a writ of preliminary
attachment
Preliminary attachment itself cannot be the subject of a
separate action independent of the principal action 1. Recovery of a specified amount of money or damages
because the attachment is only an incident to such action. against a party who is about to depart from the
Philippines with the intent to defraud his creditors.
NOTE: A writ of preliminary attachment is a provisional
remedy issued by a court where an action is pending. A NOTE: It is very important that there must be evidence
writ of preliminary attachment allows the levy of a property that the party to be sued is about to depart the
which shall then be held by the sheriff. This property will Philippines with intent to defraud his creditors.
stand as security for the satisfaction of the judgment that
the court may render in favor of the attaching party 2. Action for money or property embezzled or fraudulently
(Tsuneishi Heavy Industries vs. MIS Maritime Corp., misapplied or converted to his own use by an officer in
G.R. No. 193572, Apr. 4, 2018). the course of his employment or for a willful violation of
duty.
Nature of proceeding 3. Recovery of property unjustly or fraudulently taken,
detained or converted, when the property, or any part
Preliminary attachment is a proceeding quasi in rem
thereof, has been concealed, removed, or disposed of to
although sometimes referred to as an action in rem.
prevent its being found or taken by applicant or
It is an action against a particular property. authorized person.
4. Action against a party who has been guilty of fraud in
Preliminary attachment is discretionary contracting the debt or incurring the obligation upon
which the action is brought, or in the performance
There is nothing in the Rule 57 which indicates that the thereof
grant of a writ of preliminary attachment is a matter of right
on the part of the applicant. The grant of the remedy is NOTE: Fraud should be committed upon contracting the
addressed to judicial discretion to be exercised in obligation sued upon (Foundation Specialist, Inc. v.
accordance with the requirements of the applicable rules. Betonval Ready Concrete, Inc., G.R. No. 170674,
August 24, 2009).
Purpose of Preliminary Attachment
5. Action against a party who has removed or disposed of
First, to seize the property of the debtor in advance of a his property, or is about to do so, with intent to defraud
final judgment and hold it for purposes of satisfying the his creditors.
said judgment. 6. Action against a party who does not reside and is not
found in the Philippines, or on whom summons may be
This so that when you win the case, the property is served by publication.
already attached to avoid further inconvenience. Before
you apply for the writ of preliminary attachment, you must NOTE: Attachment will only issue when there is a showing
have a ground. The complaint itself may include already of fraud. It must be stated with particularity. Insolvency is not
the Application for the Issuance of a Writ of Preliminary a ground for issuance of a writ of preliminary attachment.
Attachment together with the relevant affidavit.
The action must be for recovery of specified sums, other than
Second, to enable the court to acquire jurisdiction over the moral or exemplary damages. Grounds may be alleged in the
action by actual or constructive seizure of the property in verified complaint or in a separate application for the
those instances where personal service of summons on purpose.
the defendant cannot be effected.
When the judgment is final and executory, do not ask for a
For example, there is an in personam case, and the writ of preliminary attachment. Ask for a writ of execution.
defendant is not a resident of the Philippines and cannot be
found in the Philippines, such case then affects his property.
Writ of preliminary attachment may be issued ex parte.
The in personam case can be converted to a quasi in rem
case. This is done by attaching the property of the said
defendant who is not found in the Philippines and is not a Properties which are exempted from attachment are also
resident thereof. Its effect will be the court acquiring exempted from writ of preliminary attachment.
jurisdiction over the action.
Notice and Hearing
SECTION 1: GROUNDS UPON WHICH ATTACHMENT
MAY ISSUE
A writ of preliminary attachment may issue upon motion
and notice of hearing, by the court in which the action is If not applied for at the commencement of the action, the
pending and may even be issued by the CA or the SC. application may be made after the service of summons
upon the defendant and may even be made at any stage
NOTE: There is nothing in the Rules of Court which of the proceedings, even after judgment, but before its
makes notice and hearing indispensable and mandatory entry. Since at this stage, the defendant has already been
for the issuance of a writ of attachment. It is simply the summoned to the action, an application for the issuance
duty of the court to ensure that the writ is issued on of an order of attachment would entail notice to the
concrete and specific grounds and not on general defendant.
averments. (Uy v. CA, 215 SCRA 859)
SECTION 2: ISSUANCE AND CONTENTS OF ORDER
Family home, exempted from a writ of preliminary
attachment Issuance and Contents of Order
Q: Is a family home in Forbes Park exempted from a If either ex-parte or upon motion with notice and hearing
writ of preliminary attachment? by the court in which the action is pending.
A: As a general rule, a family home is exempted from It may be he ard ex parte (an exception to the general rule
a writ of preliminary attachment. However, in the that motions are supposed to be heard).
Family Code, an urban home exceeding the amount of
P300,000 upon its constitution is not considered as a SECTION 3: AFFIDAVIT AND BOND REQUIRED
family home.
Requisites for the issuance of an order of Preliminary
Preliminary attachment Attachment
Q: X sued Y for moral damages because of the latter’s An order of attachment shall be granted only upon the filing
act that besmirched his reputation and made him of affidavit and bond. These must be duly filed with the court
suffer sleepless nights. Can X ask the court for a Writ before the order of the attachment is issued.
of Preliminary Attachment?
Aside from the affidavit executed, the party applying for an
order of preliminary attachment must post a bont di the
A: No, because one can only ask for a Writ of Preliminary
amount fixed by the court and executed to the adverse party.
Attachment only on liquidated damages other than moral This is called an attachment bond.
and exemplary on a cause of action arising from law,
contract, quasi-contract, delict, and quasi-delict against a NOTE: The rule does not require a hearing because the writ
party who is about to depart from the Philippines with of attachment may be issued ex parte.
intent to defraud his creditors.
Content of the affidavit
Who may avail
1. Sufficient cause of action exists;
The plaintiff or any proper party may have the property of 2. The case is one of those mentioned in Sec. 1 of Rule
the adverse party attached. It is not only the plaintiff who 57;
may apply for the issuance of a writ of preliminary 3. That there is no other sufficient security for the claim
attachment. Proper party may refer to the counter-
sought to be enforced by the action; and
claimant, cross-claimant or third-party claimant.
4. That the amount due to the applicant, or the value
Q: Who can avail of a writ of preliminary attachment? of the property the possession of which he is entitled
to recover, is as much as the sum for which the
A: Any party to the case can avail. order is granted above all legal counterclaims.
When Preliminary Attachment may be applied SECTION 4: CONDITION OF APPLICANT’S BOND
An order and writ of preliminary attachment may be Condition of Applicant’s Bond

applied for (a) at the commencement of the action or (b)
at any time before entry of judgment. The bond executed in favor of the adverse party is
conditioned upon the payment, by the party applying for an
If it is applied for at the commencement of the action, the order of attachment, of all costs which the adverse party may
application may be incorporated in a verified complaint. be adjudged as entitled to and all damages which he may
An application at this stage will result in an ex parte sustain by reason of the attachment, if it shall be finally
adjudged that the party applying for attachment was not
issuance of the writ of preliminary attachment.
entitled thereto. (Rule 57, Sec. 4, RoC)
NOTE: The preliminary writ of attachment must be served after
Stages in the grant of Preliminary Attachment or simultaneous with the service of summons on the
defendant whether by personal service, substituted service or
1. The court issues the order granting the by publication as warranted by the circumstances of the case.
(Mangila v. CA, 387 SCRA 150)
application.
2. The writ of attachment issues pursuant to the SECTION 7: ATTACHMENT OF REAL AND
order granting the writ. PERSONAL PROPERTY
3. The writ is implemented.
Attachment of Real and Personal Property
NOTE: The court must have acquired jurisdiction over the
person of the defendant when the writ is to be 1. Real property, or growing crops thereon, or any interest
therein, standing upon the record of the registry of deeds of
implemented.
the province in the name of the party against whom
attachment is issued, or not appearing at all upon such
No levy on attachment pursuant to the writ of preliminary records, or belonging to the party against whom attachment
attachment shall be enforced unless it is preceded or is issued and held by any other person, or standing on the
contemporaneously accompanied, by the service of records of the registry of deeds in the name of any other
summons, together with a copy of the complaint, the person:
application for attachment, the applicant’s affidavit and
bond and the order and writ of attachment, on the - By filing with the registry of deeds:
defendant within the Philippines. a. A copy of the order;
b. A description of the property attached; and
GR: The sheriff is not allowed to make a levy on
c. A notice that it is attached, or that such real
attachment if such levy is not preceded or
property and any interest therein held by or
contemporaneously accompanied by the above
mentioned documents. standing in the name of such other person
are attached.
XPN: The rule on prior or contemporaneous service of
summons shall not apply in the following: - By leaving a copy of such order, description, and
notice with the occupant of the property, if any, or
1. The summons could not be served personally with such other person or his agent if found within
despite diligent efforts. the province
2. The summons could not be served by substituted
service despite diligent efforts. Where the property has been brought under the operation of
either the Land Registration Act or the Property Registration
3. The defendant is a resident of the Philippines Decree, the notice shall contain a reference to the number of
temporarily absent therefrom. the certificate of title, the volume and page in the registration
4. The defendant is a non-resident of the book where the certificate is registered, and the register
Philippines. owner or owners thereof.
5. The action is one in rem or quasi in rem.
2. Personal property capable of manual delivery
- By the sheriff taking and safely keeping it in his
SECTION 5: MANNER OF ATTACHING PROPERTY custody, after issuing the corresponding receipt.
Manner of attaching property
3. Stocks, shares or interest in stocks or shares of any
corporation or company
GR: The sheriff enforcing the writ shall, without delay and
- By leaving with the president or managing agent
with all reasonable diligence. attach, to await judgment and
execution of an action, only so much of the property in the thereof:
Philippines of the party against whom the writ is issued, not a. A copy of the writ; and
exempt from execution, as may be sufficient to satisfy the b. A notice stating that the stock or interest of the
applicant’s demand. party against whom the attachment is issued
is attached in pursuance of such writ.
XPN: The adverse party makes a deposit with the court from
which the writ is issued, or gives a counter-bong executed to 4. Debts and credits, bank deposits, financial interests,
the applicant, in an amount equal to the bond fixed by the royalties, commission and other personal property not
court in the order of the attachment or to the value of the capable of manual delivery
property to be attached, exclusive of costs. (Rule 57, Sec. 5, - By leaving with the person owing debts or having in
RoC) his possession and control, such credits or other
personal property, or with his agent:

a. A copy of the writ; and claim of such heir, legatee, or devisee, or any person
b. A notice that the debts owed by him to the claiming under him. (Rule 57, Sec. 9, RoC)
party against whom the attachment is
6. Property in custodia legis
issued and the credits and other personal
- A copy of the writ of attachment shall be filed with
property in his possession, or under his
the proper court or quasi-judicial agency.
control, belonging to said party, are
- A notice of the attachment shall be served upon the
attached in pursuance of such writ.
custodian of such property.
SECTION 8: EFFECT OF ATTACHMENT OF DEBTS,
Q: In case the property of an attachment under
CREDITS, AND ALL OTHER SIMILAR PERSONAL guardianship was in custodia legis, can it be attached?
PROPERTY
A: Yes. In such case, a copy of the writ of attachment shall
Effect of Attachment of Debts, Credits, and all other be filed with the proper court and the notice of the attachment
similar Personal Property shall be served upon the custodian of such property.
All persons having in their possession or under their Discharge of attachment

control any credits or other similar personal property
belonging to the party against whom attachment is issued, A writ of attachment already enforced may be discharged in
or owing any debts to him, at the time of service upon the following ways:
them of the copy of the writ of attachment and notice as
provided in the last preceding section, shall be liable to 1. By filing a motion to discharge the attachment and
the applicant for the amount of such credits, debts or other making a deposit or counter-bond
similar personal property, until the attachment is 2. By filing a motion to set aside or discharge the
discharged, or any judgment recovered by him is attachment on the grounds:
satisfied, unless such property is delivered or transferred, a. The attachment is improperly and
or such debts are paid, to the clerk, sheriff, or other proper irregularly issued or enforced.
officer of the court issuing the attachment. (Rule 57, Sec. b. The bond is insufficient
8, RoC)
c. The attachment is excessive (discharged
shall be limited to the excess)
5. Interest in the estate of the decedent
- By serving the executor or administrator or other d. The property is exempt from execution and
representative of the decedent with such is also exempt from preliminary
attachment.
a. A copy of the writ; and
b. A notice that said interest is attached.
SECTION 11: WHEN ATTACHED PROPERTY MAY
BE SOLD AFTER LEVY ON ATTACHMENT AND
A copy of such writ of attachment and of said notice shall BEFORE ENTRY OF JUDGMENT
also be filed in the office of the clerk of court in which said
estate is being settled and served upon the heir, legatee, Sale of Property covered by a Writ of Preliminary
or devisee concerned. Attachment before Entry of Judgement
SECTION 9: EFFECT OF ATTACHMENT OF GR: Property may not be sold. A writ of preliminary
INTERESTS IN PROPERTY BELONGING TO THE attachment is a provisional remedy and its issuance does not
ESTATE OF A DECEDENT have the effect of final judgement over the property attached.
Effect of Attachment of interests in Property XPN: An attached property may be sold after levy on
belonging to the estate of a decedent attachment and before entry of judgement whenever it shall
be made to appear to the court in which the action is pending,
The attachment of the interest of an heir, legatee, or upon hearing with notice to both parties, that:
devisee in the property belonging to the estate of a 1. The attached property is perishable or;
decedent shall not impair the powers of the executor, 2. The interests of all the parties to the action will be
administrator, or other personal representative of the subserved by the sale of the attached property.
decedent over such property for the purpose of (Rule 57, Sec. 11, RoC)
administration. Such personal representative, however,
shall report the attachment to the court when any petition SECTION 12: DISCHARGE OF ATTACHMENT
for distribution is filed, and in the order made upon such UPONG GIVING COUNTERBOND
petition, distribution may be awarded to such heir, legatee
or devisee, but the property attached shall be ordered Discharge
delivered to the sheriff making the levy, subject to the
It is to remove or lift the preliminary attachment.
EXAMPLE: Family home, within the meaning of
A party whose property is sought to be attached may the Family Code, is not subject to a writ of
PREVENT the enforcement of the writ of attachment preliminary attachment.
by:
1. By depositing with the court from which the writ 5. The judgement is rendered against the attaching
was issued; creditor. (Rule 57, Sec. 19, RoC)
2. By giving a counterbond executed to the
applicant, in an amount equal to the bond fixed by NOTE: This contemplated the situation wherein a
the court in the order of attachment or to the value judgement, after due hearing, was rendered and the
of the property to be attached, exclusive of costs; attaching creditor lost. Therefore the writ of preliminary
attachment shall be discharged.
and
3. By raising the defense that the property is exempt Discharge of the order of attachment on other
from execution. (Sec. 5, Rule 57, RoC) grounds
A writ of attachment already enforced may be 1. The party whose property has been ordered attached
DISCHARGED in the following ways: ( may file a motion to quash the order by filing a motion
with the court in which the action is pending (i) before
1. If the debtor has posted a counterbond or has made levy, (ii) after levy, or (iii) even after the release of the
a cash deposit attached property, for an order to set aside or
discharge the attachment on the ground that the same
NOTE: File a motion to discharge the attachment, was improperly or irregularly issued or enforced, or that
make a cash deposit, and file a counterbond the bond is insufficient. If the attachment is excessive,
executed to the attaching party equal to the amount the discharge shall be limited to the excess.
fixed by the court in the or order of attachment,
exclusive of the costs. 2. If the motion be made on affidavits on the part of the
movant but not otherwise, the attaching party may
Discharge is sought with respect to a particular oppose the motion by counter-affidavit or other
property only – the counterbond shall be equal to the evidence in addition to that on which the attachment
value of that property only as determined by the court. was made. After due notice and hearing, the court shall
A notice of the deposit shall be served on the order the setting aside or the corresponding discharge
attaching party, The court shall, after due notice and of the attachment if it appears that it was improperly
hearing, order the discharge of attachment. charged or irregularly issued or enforced, or that the
bond is insufficient, or that the attachment is excessive,
Should the counterbond for any reason be found and the defect is not cure forthwith.
to be or become insufficient and the party
furnishing the same fail to file an additional Effects if the judgement was rendered in favor of the
counterbond, the attaching party may apply for a new party against whom attachment was issued
order of attachment. (Rule 57, Sec. 12, RoC)
1. The order of attachment will be discharge and all
2. The attachment was improperly or irregularly issued. the proceeds of sales and money collected or
received by the sheriff, under the order of
NOTE: When attachment is challenged for having
attachment, and all property attached remaining
been illegally or improperly issued, a hearing is
required and the burden of proof to sustain the writ is in any such officer’s hands, shall be delivered to
on the attaching creditor. the party against whom attachment was issued.
(Rule 57, Sec. 19, RoC)
EXAMPLE: When there is no ground for attachment
or the court has not yet acquired jurisdiction over the 2. The whole sum deposited must be refunded to
person of the defendant. him or his assignee if the party against whim
attachment had been issued has deposited
3. The attachment is excessive, but the discharge shall
money instead of giving counterbond. (Rule 57,
be only limited to the excess; (Rule 57, Sec. 13, RoC)
Sec. 18, RoC)
NOTE: In this case, the writ is partially discharged.
Duty of the surety or sureties on counterbond when
4. The property is exempt from execution; or the judgement becomes executory
belonging to the latter at the time of the attachment
When the judgement has become executory, the surety or and paying the proceeds to judgement oligee (Rule
sureties on any counterbond given to secure the payment of 57, Sec. 15, RoC); and
the judgement shall become charged on such counterbond 4. Ordinary execution. (Rule 57, Sec. 16, RoC)
and bound to pay the judgement obligee upon demand the
amount due under the judgement, which amount may be
recovered from such surety or sureties after notice and NOTE: If it remains unsatisfied, recovery may be had on the
summary hearing in the same action. (Rule 57, Sec. 17, counterbond upon demand and notice and hearing to surety
RoC) (Rule 57, Sec. 17, RoC)
Counterbond When the property attached is not sufficient to satisfy

the judgement
Counterbonds are replacements of the property formerly
Any balance shall remain due and the sheriff must proceed
attached, and just as the latter, may be levied upon after final
to collect such balance as upon ordinary execution
judgement. Stated differently, a counterbond is filed by the
defendant whose property was attached so that the property
that was attached will be released from attachment. The SECTION 16: BALANCE DUE COLLECTED UPON AN
condition of the counterbond will serve as the payment in EXECUTION; EXCESS DELIVERED TO JUDGMENT
case the attaching creditor wins. OBLIGOR
Applicant’s bond v. Counterbond When there is excess after applying the proceeds
thereof
APPLICANT’S BOND COUNTERBOND
Responds for the payment Whenever judgement has been paid off, the sheriff, upon
Responds for damages of the judgement recovered reasonable demand, must return to the judgement obligor
resulting from the by the attaching creditor the attached property remaining in his hands, and any
attachment regardless of the wordings proceeds of the sale of the property attached not applied to
of the bond the judgement (Rule 57, Sec. 16, RoC)
Q: If a conjugal property has been attached, can the SECTION 18: DISPOSITION OF MONEY DEPOSITED
husband file a separate action to vindicate his right?
When the party against whom attachment had been
A: It depends on the character of the suit or if the liability issued deposited money instead of giving counterbond
is conjugal or not. If the liability is not conjugal, the
property attached or levied upon for execution, the Where the party against whim attachment had been issued
husband can file a separate independent action. If the has deposited money instead of giving counterbond, it shall
liability is conjugal, the husband cannot file a separate be applied under the direction of the court to the satisfaction
action because the husband is not considered a third of any judgement rendered in favour of the attaching party,
party to the case. (Sps. Buado vs CA, G.R. No. 145222, and after satisfying the judgement, the balance shall e
refunded to the depositor his assignee. (Rule 57, Sec. 18,
April 24, 2009)
RoC)
SECTION 15: SATISFACTION OF JUDGEMENT OUT
SECTION 20: WRONGFUL ATTACHMENT
OF PROPERTY ATTACHED
Consequences when attaching creditor fails to
Satisfaction of Judgement out of Property Attached
sustain his action and judgement was rendered
against the attaching creditor
If judgement is in favour of the attaching party and execution
has issued thereon, the sheriff may cause the judgement to
be satisfied out of the property attached, if it be sufficient for The one whose property was attached can claim for
that purpose, in the following manners: account of improper, irregular or excessive attachment.
1. Payment to judgement obligee the proceeds of all Requisites under Sec. 20 in order to claim for
sales of perishable or other property in pursuance of damages against the bond:
the order of the court or so much necessary to
1. The application for damages must be filed in the
satisfy the judgement;
same case where the bond was issued;
2. If any balance remains, selling so much of the
property, real or personal, as may be necessary to
NOTE: The purpose of requiring the application for
satisfy the judgement;
damages to be filed in the same proceeding is to avoid
3. Collecting from all persons having possession of
the multiplicity of suit and forum shopping. (Excellent
credits belonging to the judgement obligor or debts
Quality Apparel vs. Visayan Surety, G.R. No. 212025, The chief purpose of the remedy of attachment is to secure
July 1, 2015) a contingent lien on defendant’s property until plaintiff
can, by appropriate proceedings, obtain a judgement.
2. Such application must be filed before entry of Under no circumstance, whatsoever, can the garnished
judgement; and funds or attached properties, under the custody of the sheriff
or the clerk of court, be released to the attaching party before
NOTE: It is required to file the application against the bond the promulgation of judgement. (Excellent Quality Apparel
before the finality of the decision to prevent the alteration of vs. Visayan Surety, G.R. No. 212025, July 1, 2015)
the immutable judgement. (Excellent Quality Apparel vs.
Visayan Surety, G.R. No. 212025, July 1, 2015) NOTE: Nothing in Section 20 shall prevent the aggrieved
party from recovering in the same action the damages
3. After hearing with notice to the attaching party and his awarded to him from any property of the attaching obligee
not exempt from execution should the bond or deposit give
surety
by the attaching obligee be insufficient or fail to satisfy the
award. (Rule 57, Sec. 20, Par. 3, RoC)
NOTE: If what was posted was a cash bond, notify the
attaching creditor only. If what was posted was a surety
As an auxiliary remedy
bond, notify the surety as well.
Due notice to the adverse party and its surety setting forth Attachment is an auxiliary remedy and cannot have an
independent existence apart from the main suit or claim
the facts supporting the applicant’s right to damages and the
amount thereof under the bond is indispensable. The surety instituted by the plaintiff against the defendants. Being
merely ancillary to a principal proceeding, the attachment
should be given an opportunity to be hears as to the reality
or reasonableness of the damages resulting from the must fail if the suit itself cannot be maintained as the purpose
of the writ can no longer be justified.
wrongful issuance of the writ, in the absence of due notice to
the surety, no judgement may be entered and executed
against it. (Excellent Quality Apparel vs. Visayan Surety, The consequence is that where the main action is appealed,
G.R. No. 212025, July 1, 2015) the attachment which may have been issued as an incident
of that action, is also considered appealed and so also
Application for damages removed from the jurisdiction of the court a quo. The
attachment itself cannot be the subject of a separate case
independent of the principal action because the attachment
The claim for damages sustained for improper, irregular
was only an incident of such action. (Sps. Olib and Roberta
or excessive attachment can be filed: R. Olib v. Hon. Edelwina C. Pastoral, G.R. No. 81120,
August 20, 1990)
1. Before the trial;
2. Before appeal is perfected; or Application for Damages
3. Before the judgement becomes executory.
1. Even if judgement was rendered against the attaching
Hearing creditor but he proves that he acted in good faith
procuring the writ of preliminary attachment, the
Damages may be rewarded only after proper hearing and adverse party cannot recover on the attachment
shall be included in the judgement in the main case. bond, except, on actual damages.
Appellate Decision in favour of party against whom
attachment was issued 2. Application for damages must be made by:
If the case is on appeal and the judgement of the appellate a) Counterclaim in the answer; or
court is favourable party against whom the attachment was b) By motion in the same action
issued:
3. The application for damages must be filed before:
He must claim damages sustained during pendency of
appeal before the appellate court.
a) The trial court;
NOTE: There should be a notice to the attaching party b) Before the appeal from the judgement therein
and his surety before judgement of the appellate court is perfected;
becomes executory. The surety is given notice in order to c) Before such judgement becomes executory.
afford it an opportunity to be heard on the matter. It may be
heard by the trial court. 4. The application should include all damages sustained
by reason of the attachment during the pendency of
To secure a contingent lien
the case.

Preliminary injunction
NOTE: The bond is only answerable for the damages
sustained by reason of the implementation of the writ A judicial writ, process or proceeding whereby a party is
of preliminary attachment. It is not supposed to ordered to do something or is ordered to refrain from doing a
answer for all the damages suffered. particular act.
Therefore, for one to be able to ask for damages Injunction

sustained during the pendency of an appeal, one
It contemplates acts being committed or about to be
should ask for damages during the pendency of the
committed. Injunction will lie against acts already committed
trial. The reason is that, it is the trial court which
if such acts are continuing in nature and were in derogation
issued the writ of preliminary attachment, and the of plaintiff’s right at the very outset.
theory is that one is damaged by the improper
issuance of the writ of preliminary attachment. Primary purpose of preliminary injunction
Action for Claims for Damages To preserve the status quo by restraining the action.
Status quo – the last actual, peaceable and uncontested
GR: Claims for damages cannot be made subject of an status which precedes a controversy. It is the situation
independent action. existing at the time of the filing of the case. (Riano, 2009;
Preysler Jr. v. Court of Appeals, G.R. No. 158141, July
NOTE: Filing an independent action or a separate action 11, 2006)
is not necessary in order to recover on the damages you
sustained by reason of implementation of the writ of It is to be resorted to only when there is a pressing necessity
preliminary attachment. Otherwise, it will encourage to avoid injurious consequences which cannot be remedied
multiplicity of suits. under any standard of compensation. The application of the
writ rests upon an alleged existence of an emergency or of a
XPN: special reason for such an order before the case can be
regularly heard, and the essential conditions for granting
1. Where the principal case was dismissed for lack of such temporary injunctive relief are that the complaint
alleges facts which appear to be sufficient to constitute a
jurisdiction by the trial court without giving an
cause of action for injunction and that on the entire showing
opportunity to the party whose property was from both sides, it appears, in view of all the circumstances,
attached to apply for and prove his claim for that the injunction is reasonably necessary to protect the
damages legal rights of plaintiff pending the litigation. (Sps. Estares v.
Court of Appeals, G.R. No.144755, June 8, 2005)
NOTE: The first exception contemplates a scenario
wherein the court after issuing and implementing the Characteristics
writ of preliminary attachment, later on dismissed
the case for lack of jurisdiction over the subject 1. It is a proceeding in personam.
matter. This results to the defendant being left 2. Preliminary Injunction can be the provisional remedy or
without any remedy to claim on the damages he injunction can be the main action.
sustained by reason of the implementation. That is
the time when the defendant can file a separate Where to file
action.
1. If it is a provisional remedy: In all courts – from
If the case was not dismissed, the remedy of the Municipal Trial Court to Supreme Court
debtor whose property was subjected to preliminary
attachment, is in the same case. 2. If it is a main action: Regional Trial Court
2. Where the damages by reason of the attachment Venue: Where the plaintiff or principal plaintiffs resides, or
was sustained by a third person who was not a where the defendant or principal defendants resides, at the
election of the plaintiff. (Rule 4, Sec. 2, RoC)
party to the action wherein such writ was issued
Reason: Preliminary injunction is a personal action
NOTE: The second exception is similar to the
provision of terceria under Sec. 16, Rule 39. Nothing When granted
herein should prevent a third party from vindicating
his rights in a separate independent action. At any stage of the action, proceeding prior to the
judgment or final order.
RULE 58: PRELIMINARY INJUNCTION
SECTION 1: PRELIMINARY INJUNCTION; DEFINED NOTE: Grant of writ of preliminary injunction can be
challenged by a petition for certiorari if the court acted in
grave abuse of discretion amounting to lack or excess of
jurisdiction. An order granting a permanent injunction Requisites for the grant of mandatory preliminary
should be subject to an appeal. injunction
Preliminary Injunction v. Final Injunction 1. The invasion of the right is material and substantial;
2. The right of the complainant is clear and unmistakable;
PRELIMINARY 3. It is urgent and paramount necessity for the writ to
FINAL INJUNCTION
INJUNCTION prevent previous damage; and
An order granted at any Issued in the judgment in 4. It should not create a new relation between the parties
stage of the action prior to the case permanently which was arbitrarily interrupted by the defendant.
the judgment or final order restraining the defendant
therein. (Rule 58, Sec. 1, or making the preliminary SECTION 2: WHO MAY GRANT PRELIMINARY
RoC) injunction permanent. INJUNCTION
(Rule 58, Sec. 9, RoC)
Who may grant Preliminary injunction
Q: A filed a writ of preliminary attachment against B.
The writ of preliminary attachment was granted. B 1. Court where the action is pending
filed a Motion for Reconsideration but it was denied.
2. Court of Appeals
What is the remedy of B, the person against whom the
writ of preliminary attachment was issued? 3. Supreme Court
A: Rule 65 shall be the remedy since it is an interlocutory Prohibitory Injunction v. Prohibition

order and as long as B can show that there is a grave
abuse of discretion amounting to lack or excess of PROHIBITORY
PROHIBITION
jurisdiction. INJUNCTION
Provisional remedy, Rule Special Civil Action, Rule 65
Q: B received a final injunction. Motion for 58
Reconsideration was also denied. What is the remedy Directed against a party Directed against a court,
of B? litigant in the action tribunal or person
exercising judicial powers
A: File a Notice of Appeal. However, the court where B and ministerial functions
shall file it depends on the nature of the issue. If the It does not involve the Ground: the court against
appeal is based on fact and law, it shall be filed in the CA. jurisdiction of the court whom the writ is sought
If the appeal is based on pure question of law, then it shall acted without or in excess
be filed in the SC via Rule 45. of jurisdiction
May be the main action Always the main action.
Q: A filed a complaint for injunction against B. A won itself or just a provisional Hence, writ of preliminary
in the RTC. B appealed. A filed a Motion for Execution remedy injunction can be sought.
pending Appeal which was denied by the trial court.
Is the trial court correct? Q: What court has jurisdiction to entertain petitions for
prohibition?
A: Yes. A does not need to file a Motion for Execution
pending Appeal nor to state a good cause. This is A: Regional Trial Court, Court of Appeals, and Supreme
because a Writ for Preliminary Injunction is immediately Court. This is a case where the three courts have concurrent
executory pursuant to Section 4 of Rule 49. original jurisdiction.
Types of Preliminary Injunction Jurisdictional rules
1. The Supreme Court can issue a writ of preliminary

PRELIMINARY PRELIMINARY
injunction in its original or appellate jurisdiction.
PROHIBITORY MANDATORY
INJUNCTION INJUNCTION
To prevent a person from To require a person to 2. Original action for injunction beyond the jurisdiction of
doing a particular act perform a particular act the Supreme Court.
The act has not yet been The act has already been 3. The Court of Appeals can issue the writ of preliminary
performed performed and this act injunction in its original or appellate jurisdiction.
has violated the rights of
another. (Riano, 2012) 4. Jurisdiction of the Regional Trial Court to restrain
Status quo is preserved Status quo is restored acts by writ of preliminary injunction is limited to
those being or about to be committed within its 7. A party, court, agency or a person is doing, threatening,
territorial jurisdiction. or is attempting to do, or is procuring or suffering to be
done some act or acts probably in violation of the rights
5. No writ of preliminary injunction against unfair labor of the applicant respecting the subject of the action or
practices or where the issue involved is interwoven proceeding, and tending to render the judgment
with unfair labor practices. The same rule applies in ineffectual. (Rule 58, Sec. 3, RoC)
proceedings under the Labor Code with exceptions.
SECTION 4: VERIFIED APPLICATION AND BOND
6. No writ of preliminary injunction against SSS, the FOR PRELIMINARY INJUNCTION OR TEMPORARY
RESTRAINING ORDER
Patent Office, and the COMELEC as the remedy lies
with the Court of Appeals or the Supreme Court. Verified application and bond for Preliminary
Injunction or Temporary Restraining Order
7. Writ of preliminary injunction cannot be used to
restrain a court of concurrent or coordinate A preliminary injunction or temporary restraining order may
jurisdiction, provided the relief sought in one which be granted only when (Rule 58, Sec. 4, RoC):
could be granted by the court which rendered the
1. Verified facts entitling the applicant to the relief
judgment. No restraint if initiated by a third-party
demanded; and
stranger to the case who is vindicating/asserting his
rights. 2. Unless exempted by the court, bond executed to the
party or person enjoined in an amount to be fixed by
8. Under BP 129, provided the main action is within its the court.
jurisdiction, the inferior court can grant writ of
preliminary injunction. Hence, the inferior court can 3. When an application for a writ of preliminary injunction
issue writ of preliminary injunction in either forcible or a temporary restraining order is included in a
entry or unlawful detainer case. complaint or any initiatory pleading, the case, if filed in
a multiple-sala court, shall be raffled only after notice to
9. No injunction in any case involving or growing out of and in the presence of the adverse party or the person
the approval, disapproval, revocation, suspension of to be enjoined.
or any action by the proper administrative official or
body involving concessions, licenses, permits, a. In any event, such notice upon the adverse party
in the Philippines shall be preceded, or
patents, or public grants in connection with the
contemporaneously accompanied by:
disposition, exploitation, utilization, exploration
i. service of summons
and/or development of natural resources. (P.D. 605)
ii. copy of the complaint or initiatory pleading
and
10. Except for the Supreme Court, no court can issue
iii. the applicant's affidavit and bond
8injunctions against government infrastructure
project. (R.A. 8975) b. The requirement of prior or contemporaneous
service of summons shall not apply where:
SECTION 3: GROUNDS FOR ISSUANCE OF i. the summons could not be served personally
PRELIMINARY INJUNCTION
or by substituted service despite diligent
efforts; or
Grounds for Issuance of Preliminary Injunction
ii. the adverse party is a resident of the
5. The applicant is entitled to the relief demanded, and the Philippines temporarily absent therefrom or
whole or part of such relief consists in: is a nonresident thereof
§ Restraining the commission or continuance of the
act or acts complained of; or Action on TRO
§ In requiring the performance of an act or acts
The application for a temporary restraining order shall
either for a limited period or perpetually;
thereafter be acted upon only after all parties are heard in
a summary hearing which shall be conducted within
6. The commission, continuance or non-performance of
twenty-four (24) hours after the sheriff's return of service
the act or acts complained of during the litigation would and/or the records are received by the branch selected by
probably work injustice to the applicant; or raffle and to which the records shall be transmitted
immediately. (Rule 58, Sec. 5 RoC)
Temporary restraining order Within 72-hours, the judge before whom the case is
pending shall conduct a summary hearing to determine
One which may issue upon the filing of an application for whether the temporary restraining order shall be extended
an injunction forbidding the defendant to do the until the application for preliminary injunction can be heard.
threatened act until the hearing on the application for a In other words, to determine whether the 72-hour TRO can
writ of preliminary injunction can be had. be expanded to 20 days.
Purpose of TRO: to maintain status quo until the hearing
for writ of preliminary injunction can be had NOTE: The 72 hours shall be part of the 20-day TRO. It is
not 72 hours in addition to 20 days.
NOTE: The grant or denial of a TRO does not
Within the period of 20 days, a hearing will be conducted
automatically mean the grant or denial of a writ of
to determine whether the TRO can be made into a full-blown
preliminary injunction. Because the issuance of a TRO
writ of preliminary injunction.
may only be based on summary hearing. Whereas, the
writ of preliminary injunction will be based on presentation When writ of preliminary injunction is granted
of evidence.
If the plaintiff has proved his entitlement for writ of
A bond is also required for the issuance of a TRO, unless preliminary injunction, there shall be no period anymore.
exempted by the court. Once the writ of preliminary injunction is granted, the act
sought to be enjoined shall be enjoined while the case is
Status quo order pending.
It is not a TRO. It is merely intended to maintain the last, When writ of preliminary injunction is denied
actual, peaceable and uncontested state of things that
preceded the controversy. If the application for preliminary injunction is denied or not
resolved within the said period, the temporary restraining
Status quo order can be issued motu propio on equitable order is deemed automatically vacated. The effectivity of a
grounds. It is more in the nature of a cease and desist temporary restraining order is not extendible without need
order. It does not require posting of a bond. of any judicial declaration to the effect, and no court shall
have authority to extend or renew the same on the same
ground for which it was issued. (Rule 58, Sec. 5, RoC)
SECTION 5: PRELIMINARY INJUNCTION NOT
GRANTED WITHOUT NOTICE; EXCEPTION
If issued by the Court of Appeals
Preliminary Injunction not granted without Notice; The TRO shall be effective for 60 days from service on the
Exception party or person sought to be enjoined.
The writ of preliminary injunction cannot be issued without a If issued by the Supreme Court
hearing. Upon filing of the complaint, the other party is
notified of the raffling. Such party is invited to appear during The TRO shall be effective until further orders.
the raffle. No notice is tantamount to denial of due process.
(Rule 58, Sec. 5, RoC) If issued by the trial court, the CA, the Sandiganbayan
or the Court of Tax appeals that issued a writ of
Courts should avoid issuing a writ of preliminary injunction preliminary injunction
which disposes main case without trial.
NOTE: A restraining order issued ex parte must comply with
GR: No preliminary injunction can be granted ex parte. Section 4 of Rule 58 – service of summons and
accompanying documents. Because there should be a
XPN: 72-hour temporary restraining order. hearing to determine whether the 72-hour TRO can be
extended to 20 days.
72-hour temporary restraining order
Non-extendibility of TRO
As a general rule, writ of preliminary injunction can only be
issued after hearing. Because of the urgency and it will take The efficacy of a temporary restraining order is non-
some time before the court can initiate a hearing, the court extendible and courts have no discretion to extend the
may issue a 72-hour TRO. same considering the mandatory tenor of the Rule.
However, there is no reason to prevent a court from
Who can issue a 72-hour TRO extending the 20-day period when the parties themselves
ask for such extension or for the maintenance of the status
1. Executive judge, if it is a multiple sala court; or quo. (Federation of Land Reform Farmers of the Phils.
2. Presiding judge of a single-sala court. v. CA, 246 SCRA 175)
Applicant’s bond
Irreparable injury
The amount addressed to the sound discretion of the
An injury is irreparable if: court. It is conditioned to address all damages which may
1. It is of such constant and frequent recurrence that no be sustained by reason of the injunction or the TRO if the
fair reasonable redress can be had therefor; or court finally decided that the applicant was not entitled
2. There is no standard by which their amount may be thereto.
measured with reasonable certainty. In other words,
Party filing a bond shall serve a copy of such bond on the
not capable of pecuniary estimation or mathematical other party, who may except to the sufficiency of the bond
computation. or of the surety
Remedy against an improper writ of preliminary The injunction shall be dissolved if:
injunction/permanent injunction 1. Applicant’s bond is insufficient or if the surety fail
to justify; and
1. Certiorari lies against a preliminary injunction 2. A bond sufficient in amount with sufficient
2. Appeal lies against a judgment against a permanent sureties approved after justification is not filed
injunction
NOTE: A bond is required unless exempted by the court.
SECTION 6: GROUNDS FOR OBJECTION TO, OR An order merely stating that the petition was sufficient in
FOR MOTION OF DISSOLUTION OF, INJUNCTION form and substance without even stating the facts which
OR RESTRAINING ORDER would support the granting of the injunction is a clear
violation of the rule. (Dela Paz v. Adiong, A.M. Nos. RTJ-
Grounds for objection to, or for Motion of Dissolution 04-1857, Nov. 23, 2004)
of, Injunction or Restraining Order
The injunction shall be granted or restored if:
1. The complaint is insufficient 1. The bond of the adverse party is found to be
2. Defendant is permitted to post a counter-bond, it insufficient in amount; or
appearing that he would sustain great damage while 2. The surety fail to justify a bond sufficient in
the plaintiff can be amply compensated; and amount with sufficient sureties approved after
3. On other ground, as when bond posted by applicant justification is not filed
is insufficient or defective
SECTION 8: JUDGMENT TO INCLUDE DAMAGES
NOTE: The filing of a counter-bond does not necessarily AGAINST PARTY AND SURETIES
warrant the dissolution of the injunction as the court has
to assess the probable relative damages. Judgment to include damages against party and
sureties
Q: WPI was issued. The propriety of the WPI was
challenged and the SC said that the issuance of the writ At the trial, the amount of damages to be awarded to either
is valid. The court did not commit grave abuse of party shall be claimed, ascertained and awarded under the
discretion amounting to lack of jurisdiction. When it was same procedure in Sec. 20, Rule 57. (Rule 58, Sec. 8, RoC)
remanded to the trial court, the trial court dissolved the
writ because the other party posted a counter bond. So SECTION 9: WHEN FINAL INJUNCTION GRANTED
the other party (the one who won in the SC) said that
according to the SC, his writ was issued validly so you Ground for final injunction to be granted
cannot dissolve it. Is the petitioner here correct?
If after the trial of the action it appears that the applicant is
A: No, because dissolution is different from issuance. entitled to have the act/s complained of permanently
Section 3, Rule 58 will govern the issuance of the writ enjoined. (Rule 58, Sec. 9, RoC)
and the dissolution of the writ is governed by Section 6,
Rule 58. Even if the writ was validly issued, it can be Effect of final injunction
dissolved pursuant to Section 6. (Sps. Yap v.
To perpetually restrain the party enjoined from the
International Exchange Bank, G.R. No. 175145, March
commission or continuance of the act/s or confirming the
28, 2008) preliminary mandatory injunction.
SECTION 7: SERVICE OF COPIES OF BONDS;
EFFECT OF DISAPPROVAL OF THE SAME RULE 59: RECEIVERSHIP
SECTION 1: APPOINTMENT OF RECEIVERSHIP
preserving, administering, or disposing the
Nature of Receivership property
It is a provisional remedy wherein the court appoints a The power to appoint a receiver is a delicate one and should
representative to preserve, administer, dispose of and be exercised with extreme caution and only under the
prevent the loss or dissipation of real or personal property circumstances requiring summary relief or where the court is
during the pendency of an action. It can be availed of even satisfied that there is imminent danger of loss, lest the injury
after the judgment has become final and executory as it may thereby caused be far greater than the injury sought to be
be applied for to aid execution or carry judgment into effect. averted. The court should consider the consequences to all
(2001 Bar) of the parties and the power should not be exercised when it
is likely to produce irreparable injustice or injury to private
NOTE: Receivership, like injunction, may also be a principal rights, or the facts demonstrate that the appointment will
action as the one referred to in Sec. 4 of Rule 39. Rule 59 is injure the interests of others whose rights are entitled to as
a receivership that is ancillary to a main action. (Riano, much consideration from the court as those of the
2012) complainant. (Vivares v. Reyes, G.R. No. 155408,
February 13, 2008)
A receiver is a representative of the court appointed for the
purpose of preserving and conserving the property in When to file Receivership
litigation and prevent its possible destruction or dissipation,
if it were left in the possession of any of the parties. The 1. At any stage of the proceedings;
receiver is not the representative of any of the parties but of 2. Even after finality of judgment.
all of them to the end that their interests may be equally
protected with the least possible inconvenience and
Instances when receivership will not lie
expense. It is inherent in the office of receiver not only that
he should act at all times with the diligence and prudence of
a good father of a family but should also not incur any 1. On a property in custodia legis. (Lizarraga Hermanos.
obligation or expenditure without leave of the court. It is the v. Abada, 40 Phil 124)
responsibility of the court to supervise the receiver and see
to it that he adheres to the above standards of his trust and However, a receiver can be appointed where a property
limits the expenses of the receivership to the minimum. in custody of an administrator or executor is in danger of
(Normandy v. Duque, 29 SCRA 385) imminent loss or injury. (Dolor v. Sindian, G.R. No. L-
27631, April 30, 1971)
NOTE: A party to an action may not be appointed as a
receiver unless consented to by all parties. 2. Where the action is merely to obtain a money judgment
on unpaid credits and not to enforce a lien upon specific
Purpose of a Receiver: property or funds in the possession of the defendant.
(Bonaplata v. Ambler et al., 2 Phil 392; Regalado,
To protect and preserve the rights of the parties during the
2012)
pendency of the main action. Receivership is aimed at the
preservation of, and at making more secure existing rights, it
cannot be used as a destruction of those rights. 3. In actions involving possession of or title to real property,
the appointment of receiver may be made only if there is
When a Receiver may be appointed: clear necessity to protect the applicant from grave or
1. Applicant has an interest in the property or fund irremediable damages.
which is the subject of the action or proceeding, and
that such property or fund is in danger of being SECTION 2: BOND ON APPOINTMENT OF
lost, removed, or materially injured unless a RECEIVER
receiver be appointed to administer and preserve it;
2. In foreclosure of mortgage, that the property is in Bond on Appointment of Receiver
danger of being wasted or dissipated or
Before issuing the order appointing a receiver the court
materially injured, and that its value is probably
shall require the applicant to file a bond executed to the
insufficient to discharge the mortgage debt, or that party against whom the application is presented. (Rule 59,
the parties have so stipulated in the contract of Sec. 2, RoC)
mortgage
3. After judgment, to preserve the property during Purpose of the bond
the pendency of an appeal, or to dispose it
according to the judgment, or in aid of execution Payment for damages a party may sustain by reason of the
appointment of such receiver.
when execution has remained unsatisfied;
4. In other cases, where the appointment of a receiver SECTION 3: DENIAL OF APPLICATION OR
is the most convenient and feasible means of DISCHARGE OF RECEIVER
another instance where a person not a
Denial of application or discharge of Receiver real party is authorized to sue as a
representative party under Section 3,
1. When the adverse party files a bond executed to Rule 3
the applicant, in an amount to be fixed by the b. To take and keep possession of the
court; or
property in controversy
2. If it is shown that his appointment was obtained
c. To receive rents
without sufficient cause.
d. To collect debts due to himself as
receiver or to fund property, estate or
SECTION 4: OATH AND BOND OF RECEIVER
person of which he is the receiver
Oath and Bond of Receiver e. To compound for or compromise
f. To make transfers
Before entering upon his duties, the receiver shall be g. To pay outstanding debts
sworn to perform them faithfully, and shall file a bond h. To divide the money and other property
that shall remain among the parties
Two kinds of bonds in receivership
legally entitled to receive the same
1. Applicant’s Bond - the bond required before the i. To do such acts as the court may
appointment of a receiver. (Rule 59, Sec. 2 RoC) authorize. (Rule 59, Sec. 6, RoC)
2. Receiver’s Bond – The receiver required before
NOTE:
entering upon his duties as a receiver who shall
be sworn to perform his duties faithfully and shall 1. Funds in the hands of a receiver may be invested
file a bond to the effect that he will faithfully ONLY by the order of the court upon written
discharge his duties in the action and to obey the consent of all the parties to the action.
orders of the court. (Rule 59, Sec. 4, RoC) 2. NO action may be filed BY OR AGAINST a
receiver without leave of court which appointed
SECTION 5: SERVICE OF COPIES OF BONDS;
him.
EFFECT OF DISAPPROVAL
Service Of Copies Of Bonds; Effect Of Disapproval NOTE: if he entered into any acts (ex. contracts)
WITHOUT leave of court , he shall be PERSONALLY
Receivership will be denied or lifted if: LIABLE.
1. If the bond posted by the applicant is found to be 3. If property is in CUSTODIA LEGIS, receivership
insufficient in amount, or if the surety thereon fail cannot be effected.
to justify;
2. A bond (applicant) sufficient therein is not filed 4. In probate proceedings, a receiver may be
forthwith; appointed.
3. If the bond of the adverse party is found to be
insufficient in amount, or if the surety fail to justify; NOTE: If the property is in danger of imminent lost or injury
4. A bond (adverse party) is not filed forthwith;
5. If the bond of the receiver is insufficient (Rule 59, SECTION 7: LIABILITY FOR REFUSAL OR NEGLECT
Sec. 5, RoC) TO DELIVER PROPERTY TO RECEIVER
Liability For Refusal Or Neglect To Deliver Property To

SECTION 6: GENERAL POWERS OF THE RECEIVER Receiver
General Powers Of The Receiver 1. Contempt

2. Damages that may have sustained by the party entitled
The receiver shall be subject to the control of the court in thereto
which the action is pending. 3. Liable for value of the property or money refused or
neglected to be surrendered (Rule 59, Sec. 7, RoC)
1. The receiver shall have the power to bring and
defend, in such capacity: SECTION 8: TERMINATION
a. Actions in his own name Termination

raised in the replevin case (Central Visayas vs. Adlawan,
Whenever the court, motu proprio or on motion of either G.R. No. 212674, March 25, 2019).
party, shall determine that the necessity or a receiver NO
LONGER EXISTS justified by the facts and Q: Is Replevin a mixed action?
circumstances of the case, may dissolve the receivership
upon due proceedings. (Rule 59, Sec. 8, RoC) A: Yes. Replevin is so usually described as a mixed action,
being partly in rem and partly in personam — in rem insofar
SECTION 9: JUDGMENT TO INCLUDE RECOVERY as the recovery of specific property is concerned, and in
personam as regards to damages involved. As an "action in
AGAINST SURETIES
rem," the gist of the replevin action is the right of the plaintiff
to obtain possession of specific personal property by reason
Judgment To Include Recovery Against Sureties of his being the owner or of his having a special interest
therein (BA Finance Corp. v. CA, G.R. No. 102998, July 5,
NOTE: 1996).
It shall be granted under the same procedure in Section 20
SECTION 1: APPLICATION
of Rule 57:
A party praying for the recovery of possession of personal
1. Damages must be filed before the trial or before
property may, at the commencement of the action or at any
appeal is perfected or before judgment becomes time before answer, apply for an order for the delivery of such
executory property to him (Rule 60, Sec. 1, RoC).
2. With DUE NOTICE to the attaching party AND his
surety or sureties This provisional remedy of replevin is available where the
3. Damages may be awarded only after proper hearing principal purpose of the action is to recover the possession
and shall be included in the judgment in the main of personal property (Regalado, 2010).
case.
NOTE: Possession is not only limited to physical possession
but may also be constructive possession.
Damages Due To Receiver’s Malfeasance
Who may avail
The same shall be recovered from the bond filed by the
receiver. 1. Plaintiff – where the complaint prays for recovery of
possession of personal property.
Recovery in this case can be done in a SEPARATE
ACTION. Mere motion in the case where receivership was
granted will not suffice. 2. Defendant – where a counterclaim was set out in
the answer for recovery of personal property.
RULE 60: REPLEVIN
It is available to any other party asserting affirmative
allegations praying for the recovery of personal property
Replevin is the provisional remedy seeking for the unjustly detained.
possession of the property prior to the determination of the
main action for replevin. When to file
Replevin may also be a main action with the ultimate goal of Before filing of the answer or at the commencement of the
recovering personal property capable of manual delivery action.
wrongfully detained by a person. In this sense, it is a suit in
itself (BA Finance Corp. v. CA, G.R. No. 102998, July 5, Q: Does the applicant have to be the holder of the legal title
1996). to the property?
Nature of an action for Replevin A: NO. As a general rule, it is in the nature of a possessory
action. It is sufficient that at the time he applied for a writ of
Replevin, broadly understood, is both a form of principal replevin he is found to be entitled to a possession thereof.
remedy and of a provisional relief. It may refer either to the
action itself, i.e., to regain the possession of personal Primarily, the action of replevin is possessory in character
chattels being wrongfully detained from the plaintiff by and determines nothing more than the right of possession.
another, or to the provisional remedy that would allow the However, when the title to the property is distinctly put in
plaintiff to retain the thing during the pendency of the action issue by the defendant's plea, the question of ownership may
and hold it pendente lite. be resolved in the same proceeding because a replevin
action is sufficiently flexible to authorize a settlement of all
Replevin is so usually described as a mixed action, being equities between the parties, arising from or growing out of
partlyin remand partlyin personam. An action for replevin
bars the deficiency suit because the deficiency could well be
the main controversy (Chiao Liong v. CA, G.R. No. 106251, 2. Property is wrongfully detained by the adverse party;
November 19, 1993). 3. Property is not distrained or taken for tax assessment
or fine pursuant to law, or seized (if seized, that the
Q: Pedro filed a case against Juan and upon execution of property is exempt);
the judgment, the car of Andres was levied upon. Can 4. Principal purpose of the action is to recover possession
Andres file a writ of replevin? of personal property.
A: NO. Because in this case, the car has been justly Rule 60 of the Rules of Court allows a plaintiff, in an action for
detained by reason of a court order. the recovery of possession of personal property, to apply for a
writ of replevin if it can be shown that he is "the owner of the
NOTE: Replevin cannot be availed of if the property is in property claimed or is entitled to the possession thereof." The
custodia legis, as where it is under attachment or was plaintiff need not be the owner so long as he is able to specify
seized under a search warrant (Regalado, 2010). his right to the possession of the property and his legal basis
therefor. (Servicewide v. CA, GR No. 103301, December 8,
1995)
Q: What is the remedy available to Andres?
Where there is still a probability that the seizure will be followed
A: Andres should file an action to annul the foreclosure by the filing of a criminal action, as in the case at bar where the
proceeding, if this is the main case or lift the levy. case for carnapping was "dismissed provisionally, without
prejudice to its reopening once the issue of ownership is
Replevin v. Preliminary Attachment resolved in favor of complainant," or the criminal information has
actually been commenced, or filed, and actually prosecuted, and
PRELIMINARY there are conflicting claims over the property seized, the proper
REPLEVIN remedy is to question the validity of the search warrant in the
ATTACHMENT
same court which issued it and not in any other branch of the
PURPOSE said court (Chua v. CA, GR No. 79021, May 17, 1993).
The purpose is to have the
property put in the custody SECTION 2: AFFIDAVIT AND BOND
The purpose is to recover
of the court to secure the
personal property capable
satisfaction of the Contents of the affidavit
of manual delivery from the
judgment that may be
defendant.
rendered in favor of the The affidavit shall state:
plaintiff. 1. That the applicant is the owner of the property
OWNERSHIP OR RIGHT OF POSSESSION claimed, particularly describing it, or is entitled to the
The property either belongs possession thereof;
The property does not
to the plaintiff or one over 2. That the property is wrongfully detained by the
belong to the plaintiff but to
which the plaintiff has a
the defendant. adverse party, alleging the cause of detention
right of possession.
thereof according to the best of his knowledge,
WHEN AVAILABLE
information, and belief;
Can be sought only when May be resorted to even if
defendant is in actual or property is in possession 3. That the property has not been distrained or taken
constructive possession of of a third person for a tax assessment or a fine pursuant to law, or
the property seized under a writ of execution or preliminary
Without showing that the Need to show that the attachment, or otherwise placed under custodia
property is being concealed property is being removed, legis, or if so seized, that it is exempt from such
or disposed of to the concealed or disposed of seizure or custody; and
prejudice of the plaintiff 4. The actual market value of the property (Rule 60,
EXTENT Sec. 2, RoC).
Property capable of manual Real, personal or even
delivery incorporeal property Applicant’s bond or replevin bond
BOND
Double the value of the Equal to that fixed by the 1. Executed to the adverse party
property as stated in the court 2. Double the value of the property as stated in the
affidavit
affidavit
PROPERTY UNDER CUSTODIA LEGIS
Not available Not available 3. Conditions of the Bond:
a. The return to of property to adverse party
Requisites if such return be adjudged; and
b. The payment to adverse party of such
1. Applicant is owner of the property claimed or is entitled sum as he may recover from the
to possession;
applicant in the action. (Rule 60, Sec. 2, be wrongfully detained. This order shall require the
RoC) sheriff to take the property into his custody.
c. 2. Upon the receipt of the court order, the sheriff must:
NOTE: In attachment, the bond is in such amount as may a. Serve a copy of the order on the
be fixed by the court, not exceeding the applicant’s claim adverse party together with a copy of
or equal to the value of the property to be attached; in the application, affidavit, and bond
injunction, the amount of the bond must also be fixed by b. Take custody of the property
the court; while in receivership, a bond is now always 3. After the sheriff has taken custody of the property,
required of the applicant and shall be in the sum fixed by he must keep it in a secure place. He shall be
the court in its discretion. (Regalado, 2010) responsible for its delivery to the party entitled
thereto upon receiving his fees and necessary
Under Section 2, Rule 60 the bond it filed is to ensure "the
expenses for taking and keeping the same (Rule 60,
return of the property to the defendant if the return thereof
be adjudged, and for the payment to the defendant of Section 4, RoC).
such sum as he may recover from the plaintiff in the
action." The bond itself ensures, inter alia, the payment of If the property or any part thereof be concealed in a building
such sum may in the cause be recovered against the or enclosure, the sheriff must demand its delivery.
plaintiff and the cost of the action. (Stronghold
If the property is not delivered, the sheriff must cause the
Insurance vs. CA, GR No. 89020, May 05, 1992)
building or enclosure to be broken open and take the
property into his possession.
A surety bond remains effective until the action or
proceeding is finally decided, resolved, or terminated, NOTE: Unlike a preliminary attachment and preliminary
regardless of whether the applicant fails to renew the injunction, the rule on prior or contemporaneous jurisdiction
bond. The applicant will be liable to the surety for any is not provided for in replevin. However, the rule requires
payment the surety makes on the bond, but only up to the that upon such order, the sheriff must serve a copy on the
amount of this bond. (Enriquez vs. Mercantile adverse party together with the required documents.
Insurance, GR No. 210950, August 15, 2018)
A sheriff’s prerogative does not give him the liberty to
SECTION 3: ORDER determine who among the parties is entitled to possession.
When a writ is placed in the hands of a sheriff, it is his duty
Procedure to proceed with reasonable celerity and promptness to
execute it according to its mandate.
1. An application is filed at the commencement of
the action or at any time before answer of Where replevin writ was improperly implemented
defendant;
The proper remedy to an improperly implemented writ of
2. Application must contain an affidavit; replevin is to file a motion to quash (Siy v. Tomlin, GR
3. Applicant must file a bond; No. 205998, April 24, 2017).
4. Approval of the bond by the court;
5. Court shall then issue an order and the writ of But failure of a party to file a motion to quash does not
replevin: prevent a party from assailing the improper service via a
a. It must describe the personal property petition for certiorari. The trial court is deemed to have
acted without or in excess of its jurisdiction if improperly
alleged to be wrongfully detained served. It must restore the parties to their former positions
b. Requiring the sheriff to take such by returning the seized property and by discharging the
property into his custody (Rule 60, Sec. replevin bond (Rivera v. Vargas, G.R. No. 165895, June
3, RoC). 05, 2009).
NOTE: The writ of replevin may be served anywhere in SECTION 5: RETURN OF PROPERTY
the Philippines (Fernandez vs. International, GR
No.131283, October 07, 1999). At any time before the delivery of the property to the
applicant, the adverse party may require the return
SECTION 4: DUTY OF THE SHERIFF thereof. The adverse party may object to the sufficiency
of the bond or of the sureties thereon. This is to be done
Duty of the Sheriff by filing with the court where the action is pending a
redelivery bond executed to the applicant (Riano, 2019).
1. When the court approves the application, the
court shall issue an order and the corresponding When: At any time before delivery to applicant.
How: By filing a redelivery bond. (Rule 60, Sec. 5, RoC)
writ of replevin describing the property alleged to
1. The adverse party does not object to the
Within the 5-day period after the sheriff has taken the sufficiency of the bond, or of the surety or sureties
property, the adverse party: thereon; or
1. May object to the sufficiency of the applicant’s 2. The adverse party so objects and the court
bond or surety; or affirms its approval of the applicant’s bond or
2. May file a redelivery bond, if he does not object
approves a new bond; or
to the sufficiency of the bond
3. The adverse party requires the return of the
property but his bond is objected to and found
Redelivery Bond
insufficient and he does not forthwith file an
This is executed to the applicant and filed where the approved bond (Rule 60, Sec. 6, RoC).
action is pending.
If the adverse party does not object to the sufficiency of
Amount: double the value of the property as stated in the the bond within said period or fails to perform acts
affidavit of the applicant described in the Rules to effect the return to him of the
Undertaking: property taken by the sheriff, the property shall be
a. The delivery thereof to the applicant, if such delivered to the applicant upon receiving his fees and
delivery be adjudged; and necessary expenses for taking and keeping the same
b. The payment of such sum to him as may be (Riano, pg. 100, 2019).
recovered against the adverse party. (Rule 60, SECTION 7: PROCEEDINGS WHRE PROPERTY
Sec. 5, RoC) CLAIMED BY THIRD PERSON
The adverse party is entitled to the return of the If the property taken is claimed by any person other than the
property taken under writ of replevin, if: party against whom the writ of replevin had been issued or
his agent, and
1. He seasonably posts a redelivery bond 1. Such person makes an affidavit of his title thereto,
2. The applicant’s bond is found to be insufficient or or right to the possession thereof, stating the
defective and is not replaced with a proper bond grounds therefor, and serves such affidavit upon the
3. The property is not delivered to the plaintiff for sheriff while the latter has possession of the
any reason property and a copy thereof upon the applicant
2. The sheriff shall not be bound to keep the property
In summary, for the adverse party to effect the return of under replevin or deliver it to the applicant
his property under the custody of the sheriff, the following 3. Unless the applicant or his agent, on demand of said
must be met: sheriff, shall file a bond approved by the court to
1. He should post a redelivery bond in an amount indemnify the third-party claimant in a sum not less
double the value of the property; than the value of the property under replevin as
2. The bond is executed to the applicant; provided in Sec. 2, Rule 60.
3. He should serve a copy of the bond to the 4. In case of disagreement as to such value, the court
applicant; shall determine the same.
4. He must perform the above acts before the 5. No claim for damages for the taking or keeping of
delivery of the property to the applicant. This the property may be enforced against the bond
means within 5 days from the taking of the unless the action therefor is filed within 120 days
from the date of the filing of the bond (Rule 60,
property by the sheriff;
Section 7, RoC).
5. The bond is sufficient. (Riano, 2019).
The sheriff shall not be liable for damages, for the taking or
SECTION 6: DISPOSITION OF PROPERTY BY keeping of such property, to any such third-party claimant if
SHERIFF such bond shall be filed (Rule 60, Section 7, RoC).
The property is not to be immediately delivered to the The party-claimant, however, is not precluded from
applicant because, within 5 days from the taking of the vindicating his claim to the property. He may even maintain
property, the sheriff shall wait for the move of the adverse a separate action and seek injunctive relief against the
party. (Riano, 2019) sheriff. The applicant is likewise not precluded by the Rules
from claiming damages against a third-party claimant who
Property shall be delivered to the applicant, if within filed a frivolous or plainly spurious claim, in the same or a
5 days after the taking of the property by the sheriff: separate action (Riano, pg. 103, 2019).

NOTE: The procedure is similar to that in third-party
claims in execution under Sec. 16, Rule 39 and in Application
attachment Sec. 14, Rule 57.
Q: Pedro sold his car to Juan. Juan borrowed money from
Writ issued in favour of the Republic Maria and used that money to pay Pedro. Juan executed a
chattel mortgage over the car as a security for the payment
When the writ of replevin is issued in favor or the Republic of his debt to Maria. Allegedly, according to Maria, Juan did
of the Philippines, or any officer duly representing it, the not pay her. Now Maria wants the property and files for a
filing of such bond shall not be required, and in case the replevin. It was granted by the court. Maria got the car.
sheriff is sued for damages as a result of replevin, he shall However, Juan was able to prove that he really did not
be represented by the Solicitor General, and if held liable breach the obligation because he had already paid the
amount. The problem is the car was stolen. What is the
therefor, the actual damages adjudged by the court shall
remedy of Juan?
be paid by the National Treasurer out of the funds to be
appropriated for the purpose (Rule 60, Sec. 7, RoC). A: Go after the replevin bond.
Difference in service of affidavits Q: When is the defendant entitled to the return of the
property taken by the Sherrif?
1. Affidavit is served upon the sheriff while he has
possession of the attached property (Rule 57, A:
Sec. 14, RoC) 1. When he seasonable post the delivery of the
2. Affidavit is served within 5 days in which sheriff replevin bond
has possession [in connection with Sec. 6, Rule 2. When the plaintiff‘s bond is insufficient
60] (Rule 60, Sec. 7, RoC) 3. When the property by any reason whatsoever has
not been delivered to the plaintiff
SECTION 8: RETURN OF PAPERS
The property shall be delivered to the applicant if there is no
objection to the sufficiency of the bond he posted 5 days from
The sheriff must file the order, with his proceedings
taking. And the 5 day period begins from the time the Sheriff
indorsed thereon, with the court within 10 days after
seizes the property and not from the time notice is served.
taking the property mentioned therein. (Rule 60, Sec. 8,
RoC) On the other hand, if in that 5-day period, the person who is
in possession of the property posts a bond, the Sherriff must
SECTION 9: JUDGMENT give back the property.
After trial of the issues, the court shall determine who has
the right of possession to and the value of the property RULE 61: SUPPORT ‘PENDENTE LITE’
and shall render judgment in the alternative for the
delivery thereof to the party entitled to the same, or for its Support Pendente Lite
value in case delivery cannot be made, and also for such
damages as either party may prove, with costs. (Rule 60, It is an amount of support provisionally fixed by the court in
Section 9, RoC) favor of the person or persons entitled thereto during the
pendency of an action for support. Here, the main action is
usually for support and support pendente lite is the
The judgment in a replevin suit is in the alternative, i.e. to
provisional remedy (Riano, 2019).
deliver the property to the party entitled to the same or to
pay its value in case delivery cannot be made. If the Regional Trial Court Jurisdiction
property is no longer in the condition in which it should be,
the party entitled to its delivery may refuse to accept the This provisional remedy can only be issued by the RTC.
property. He may then ask for the alternative remedy
which is the payment of its value even if he had previously Q: In Baito v. Sarmiento, it was contended that the RTC had
sought its delivery during the pendency of the case. no jurisdiction because the amount demanded as support
(Riano, 2019) was only P720.00. Is this correct?
SECTION 10: JUDGMENT TO INCLUDE RECOVERY A: In present time, regardless of the value/amount, the RTC
AGAINST SURETIES acting as a family court has the jurisdiction to hear and
decided cases on support (Baito v. Sarmiento, GR No. L-
The amount, if any, to be awarded to any party upon any 13105, August 25, 1960).
bond filed in accordance with the provisions of this Rule,
shall be claimed, ascertained, and granted under the same SECTION 1: APPLICATION
procedure as prescribed in Section 20 of Rule 57 (Rule 60,
Sec. 10, RoC). Who may apply
After the comment is filed or after the expiration for the
It may be applied for by any party, not only the plaintiff, as period for its filing, the application shall be set for hearing
long as there are legal grounds to support such not more than 3 days thereafter.
application. (Riano, 2019)
The facts in issue shall be proved in the same manner as
When to apply is provided for evidence on motions (Rule 61, Section 3,
RoC).
1. At the commencement of the action; or
2. At any time before judgment or final order. SECTION 4: ORDER
Requisites for the Application Application Granted
1. Verified application filed by any party; If the application is granted, the court shall
1. Fix the amount of money to be provisionally paid; or
2. Stating
2. Such other forms of support as should be provided
a. Grounds for the claim; and (Rule 61, Sec. 4, RoC).
b. Financial conditions of both parties;
3. Accompanied by NOTE: Taking into account the necessities of the applicant
a. Affidavits; and the resources or means of the adverse party, and the
b. Depositions; or terms of payment or mode for providing the support.
c. Other authentic documents in support
Application Denied
thereof (Rule 61, Sec. 1, RoC).
If the application is denied, the principal case shall be tried
NOTE: This is the only provisional remedy that does not and decided as early as possible (Rule 61, Sec. 4, RoC).
require a bond.
Interlocutory in Nature
The rule on support pendente lite has been modified by
A.M. No. 02-11-10-SC. The court will take into account GR: Support pendente lite is interlocutory in nature. It is,
that support is dependent upon the needs of the recipient therefore, not subject to appeal.
and the ability of the giver.
XPN: A final judgment on support is subject to appeal.
Because of its provisional nature, a court does not need
to delve fully into the merits of the case before it can settle NOTE: It is immediately executory and cannot be stayed by
an appeal (Gan v. Reyes, G.R. No. 145527, May 28, 2002).
an application for this relief. All that a court is tasked to do
is determine the kind and amount of evidence which may
The assailed orders relative to the incident of support
suffice to enable it to justly resolve the application. It is pendente lite and support in arrears, as the term suggests,
enough that the facts be established by affidavits or other were issued pending the rendition of the decision on the main
documentary evidence appearing in the record (Lim-Lua action for declaration of nullity of marriage, and are therefore
v. Lua, G.R. No. 175279-80, June 05, 2013). interlocutory. Where the judgment or final order is not
appealable, the aggrieved party may file an appropriate
SECTION 2: COMMENT special civil action under Rule 65. The remedy against an
interlocutory order not subject of an appeal is an appropriate
The adverse party shall have 5 days to comment from the special civil action under Rule 65 provided that the
receipt of the application, unless a different period is fixed interlocutory order is rendered without or in excess of
by the court (Rule 61, Section 2, RoC). jurisdiction or with grave abuse of discretion (Calderon v.
Roxas, G.R. No. 185595, January 9, 2013).
The comment shall be
1. Verified; and The amount fixed in the order is only provisional. It is not final
2. Accompanied by in character and can be modified depending on the changing
conditions affecting the ability of the obligor to pay the
a. Affidavits; amount fixed for support (Riano, 2019).
b. Depositions; or
c. Other authentic documents in support Upon receipt of a verified petition for declaration of
thereof (Rule 61, Section 2, RoC). absolute nullity of void marriage or for annulment of
voidable marriage, or for legal separation, and at any time
SECTION 3: HEARING during the proceeding, the court, motu proprio or upon
verified application of any of the parties, guardian or
designated custodian, may temporarily grant support
pendente lite prior to the rendition of judgment or final
order (Lim-Lua v. Lua, G.R. No. 175279-80, June 05, (Saavedra v. Ybahez Estrada, 56 Phil. 33, September 04,
2013). 1931).
The amount of support pendente lite is not final in character Liability for contempt
but the factual issue as to the ability of the obligor to pay the
support previously fixed should be resolved by the lower As despite this special order the petitioner made no deposit
court on the basis of evidence to be presented at the proper in court for the support of the minors, he was, at their
hearing (San Juan v. Valenzuela, G.R. No. L-59906, instance, cited for contempt, and the court having found after
October 23, 1982). hearing that though possessed of adequate means he really
had made no deposit, an order was handed down under date
An appeal would not have been a speedy and adequate of December 17 declaring him guilty of indirect contempt
remedy in an action for support (Vinluan v. Justices of the (Torres v. Teodoro, G.R. Nos. L-10093, April 30, 1957).
Court, G.R. No. L-25029, August 28, 1968).
Failure to comply with an order granting support
SECTION 5: ENFORCEMENT OF ORDER pendente lite may give rise to criminal liability:
If the adverse party fails to comply with an order granting The person ordered to provide support pendente lite who
support pendente lite, the court shall, motu proprio or upon fails to provide financial support or deliberately provides
motion, issue an order of execution against him without insufficient financial support may be prosecuted for
prejudice to his liability for contempt economic abuse under R.A. No. 9262
When the person ordered to give support pendente lite SECTION 6: SUPPORT IN CRIMINAL CASES
refuses or fails to do so, any third person who furnished that
support to the applicant may, after due notice and hearing in In criminal actions where the civil liability includes support for the
the same case, obtain a writ of execution to enforce his right offspring as a consequence of the crime and the civil aspect
of reimbursement against the person ordered to provide such thereof has not been waived, reserved or instituted prior to its
support (Rule 61, Sec. 5, RoC). filing, the accused may be ordered to provide support pendente
lite to the child born to the offended party allegedly because of
the crime.
Failure to comply with an order granting support
pendente lite may warrant the following sanctions: The application therefor may be filed successively by the
offended party, her parents, grandparents or guardian and the
1. The issuance by the Court, motu proprio or upon State in the corresponding criminal case during its pendency, in
motion, of an order of execution against the adverse accordance with the procedure established under this Rule
party. (Rule 61, Sec. 6, RoC).
2. Possible liability for contempt. This is an exception
NOTE: A previous finding of guilt is not required.
to the rule that the defendant may not be cited for
contempt if he fails to comply with judgments for In criminal cases, the accused may be ordered to provide
money. support pendente lite to the child born to the offended party
3. Third person who furnished support may obtain writ allegedly because of the crime.
of execution to enforce his right of reimbursement The remedy may be availed of where the civil liability includes
provided: support for the offspring born to the offended party as a
a. There is due notice and hearing in the consequence of the crime provided the civil aspect thereof has
same case, and not been waived, reserved or instituted prior to its filing. The
application for support pendente lite may be made during the
b. That such third person furnished the
pendency of the criminal case.
support to the applicant because of the
refusal or failure to do so by the person When the judgment finds that the person giving support is not
ordered to give support (Rule 61, Sec. 5, liable therefor, the court shall order the recipient to make a
RoC). restitution of what has been received with legal interest from the
date of actual payment (Riano, 2019).
NOTE: While an order for support pendente lite is merely
Who may file application
interlocutory and not a final order, the order is subject to the
issuances of an order of execution when the person ordered
1. Offended party
to give support refuses or fails to do so.
2. Her Parents
The support granted under this Rule is provisional in nature 3. Grandparents or Guardian
and the actual amount and terms of its payment shall be 4. State
determined in the final judgment. If the judgment is in favor
of the defendant, the support pendente lite is discontinued Such right granted to the persons above is in line with the
provisions of Art. 344 of the Revised Penal Code and Sec.
5, Rule 110 of the Rules of Court which authorize them to claim said property or who consider themselves entitled
file the basic criminal complaint and, therefore, should to demand compliance with the obligation, be required to
include such auxiliary remedies as may be permitted litigate among themselves, in order to determine finally
therefor (Regalado, 2010). who is entitled to one or the other thing.
Such application may be granted in rape cases for the The remedy is afforded not to protect a person against a
offspring of the accused as a consequence of the rape or double liability but to protect him against a double
seduction (Bar 1999, 2001). vexation in respect of one liability (Ocampo v. Tirona, GR
No. 147812, April 6, 2005).
It is true that the adultery of the wife is a defense in an
action for support. However, the alleged adultery of the SECTION 1: WHEN INTERPLEADER PROPER
wife must be established by competent evidence. The
mere allegation that the wife has committed adultery will Whenever conflicting claims upon the same subject
not bar her from the right to receive support pendente lite matter are or may be made against a person who claims
(Reyes v. Ines-Luciano, G.R. No. L-48219, February no interest whatsoever in the subject matter, or an interest
28, 1979). which in whole or in part is not disputer by the claimants,
he may bring an action against the conflicting claimants
SECTION 7: RESTITUTION to compel them to interplead and litigate their several
claims among themselves (Rule 62, Sec. 1, RoC).
When the judgment or final order of the court finds that
the person who has been providing support pendente lite An interpleader is commenced by the filing of a complaint.
is not liable therefor, it shall order the recipient thereof to
return to the former the amounts already paid with legal NOTE: An interpleader requires a case with a minimum of
interest from the dates of actual payment, without two defendants wherein the plaintiff has no cause of action.
prejudice to the right of the recipient to obtain
reimbursement in a separate action from the person Plaintiff should file an action of interpleader within a
legally obliged to give the support. Should the recipient reasonable time after a dispute has arisen without waiting to
fail to reimburse said amounts, the person who provided be sued by either of the contending claimants. Otherwise, he
the same may likewise seek reimbursement thereof in a may be barred by laches or undue delay (Wack Wack Golf
separate action from the person legally obliged to give vs. Won, GR No. L-23851, March 26, 1976).
such support (Rule 61, Sec. 7, RoC).
Requisites for an interpleader
Remedies of person who was erroneously compelled
1. There must be two or more claimants with adverse
to give support
or conflicting interests upon a subject matter;
1. The person can apply for an order for such 2. The conflicting claims involve the same subject
reimbursement by the recipient on motion in the matter;
3. The conflicting claims are made against the same
trial court in the same case, unless such
person (plaintiff);
restitution is already included in the judgment
4. The plaintiff has no claim upon the subject matter of
rendered in the action; or
the adverse claims or if he has an interest at all,
2. Failing therein, he can file a separate action for
such interest is not disputed by the claimants (Rule
reimbursement against the person legally obliged 62, Sec. 1, RoC).
to give such support
Plaintiff is faced with a legal problem involving a
Should the recipient reimburse the amount received by determination of who among the conflicting claimants has the
him as support through either of the remedies provided, legal right to receive the property subject of the controversy
he shall also have the right to file a separate action for or who among them is entitled to the performance of the
reimbursement against the person legally obliged to give obligation (Riano, 2019).
him such support
When interpleader does not apply
RULE 62: INTERPLEADER
Mere existence of conflicting claims between or among
several persons is no sufficient to sustain an interpleader
The action of interpleader is a remedy whereby a person action where such claims do not refer to the same subject
who has property whether personal or real, in his matter.
possession, or an obligation to render wholly or partially,
without claiming any right in both, or claims an interest Also, the conflicting over the same subject matter will not
which in whole or in part is not disputed by the conflicting sustain an action in interpleader if such claims are merely
claimants, comes to court and asks that the persons who
claims against each other but not claims against the adversely affected by the
plaintiff in interpleader. The rule requires that the disposition or distribution of
conflicting claims be made against a person who claims property in the custody of
no interest whatever in the subject matter. the court or of an officer
thereof
Jurisdiction Defendants are brought into If a complaint-in-
the action because they are intervention is filed, the
If the subject matter of the action is personal property, valued sued and impleaded as defendants are already
at not more than P300,000, the MTC has jurisdiction where such in the complaint parties to an existing suit,
the case is filed outside the Metro Manila. Where the case is not because of the
filed in Metro Manila, the MTC has jurisdiction if the personal intervention but because of
property is valued at not more than P400,000. the original suit
If the subject matter is real property with an assessed value
SECTION 2: ORDER
of not more than P20,000, the MTC has jurisdiction where
the case is filed outside Metro Manila. Where the case is filed
in Metro Manila, the MTC has jurisdiction if the assessed Upon the filing of the complaint, the court shall issue an
value if the real property does not exceed P50,000. order requiring the claimants to interplead with one
another. If the interests of justice so require, the court may
If the subject matter subject of the interpleader is one direct in such order that the subject matter be paid or
incapable of pecuniary estimation like the performance of an delivered to the court (Rule 62, Sec. 2, RoC).
obligation, the RTC has jurisdiction (Riano, 2019).
SECTION 3: SUMMONS
Q: Bea, a creditor, went to Chad, a lessee, to inform him that
his lessor, Kurt, has an outstanding obligation from her Summons shall be served upon the conflicting claimants,
amounting to 100k. Bea insisted that pursuant to a MOA all together with a copy of the complaint and order (Rule 62,
receivables from the rent shall be paid to her. Kurt told Chad Section 3, RoC).
that rentals should still be paid to him because MOA is
invalid. Q: What shall be served upon conflicting claimants?
Can Chad choose not to pay because of the existing A:
conflicting claims? 1. Copy of the complaint;
A: No. Kurt can file an unlawful detainer case against Chad. 2. Order; and
The remedy is an interpleader case to force Bea and Kurt to 3. Summons
litigate between themselves who is entitled to receive the
rentals. SECTION 4: MOTION TO DISMISS
NOTE: You have to consign the rentals in court. Hence, what Within the time for filing an answer, each claimant may file a
should be filed is an interpleader with consignation. motion to dismiss on the ground of impropriety of the
interpleader action or on other appropriate grounds specified
Interpleader distinguished from intervention in Rule 16. The period to file the answer shall be tolled and if
the motion is denied, the movant may file his answer within
INTERPLEADER INTERVENTION the remaining period, but which shall not be less than 5 days
Not an original action but in any event, reckoned from notice of denial (Rule 62, Sec.
merely ancillary and 4, RoC).
Special civil action,
depends upon the
independent and original Q: On June 1, I received the summons. On June 10, I filed a
existence of a pending
action motion to dismiss. My motion to dismiss was denied on
August 1. How many days do I have left to file an answer?
Commenced by the filing of Commenced by a motion
the complaint, it being an for leave to intervene filed A: 6 days left.
original action in a pending case attaching
thereto the pleading-in- Q: In the same situation, what if I filed a motion to dismiss on
intervention June 16?
Filed by a person who has Filed by a person who has
no interest in the subject a legal interest in any of the A: Technically I have no more days left. However under the
matter of the action or if he following: the subject provision, the remaining period to file an answer shall not be
has an interest, the same is matter of the litigation; the less than 5 days in any event, reckoned from notice of denial.
not disputed by the success of either of the So, I still have 5 days or until August 6 to file an answer.
claimants parties; an interest against
both; or he may be Motion to dismiss
Within the time for filing an answer, each claimant may file After the pleadings of the conflicting claimants have been
a motion to dismiss on the ground of: filed, and pre-trial has been conducted in accordance with
1. Impropriety of the interpleader; or the Rules, the court shall proceed to determine their
2. Other grounds specified in Rule 16. respective rights and adjudicate their several claims (Rule
62, Sec. 6, RoC).
NOTE: Under the new Rules, a motion to dismiss under NOTE: Rule 18 of the Rules of Court shall also apply.
Rule 16 may only be filed on the basis of the 4 grounds:
lack of jurisdiction over the subject matter, litis pendentia, The trial court's writ of execution in the interpleader case
res judicata, and prescription. does not carry with it the corollary right to a writ of
possession. A writ of possession complements the writ of
Where the allegations in the complaint do not show execution only when the right of possession or ownership
conflicting claims between or among the persons required has been validly determined in a case directly relating to
to interplead, the complaint is subject to dismissal on the either. The interpleader case obviously did not delve into that
ground of impropriety of the interpleader. The ground to issue (Maglente vs. Padilla, GR No.148182, March 07,
be invoked in this situation is not a failure to state a cause 2007).
of action because the meaning of a cause of action in
ordinary civil action does not exactly apply to an SECTION 7: DOCKET AND OTHER LAWFUL FEES,
interpleader. COSTS AND LITIGATION EXPENSES AS LIENS
Effect of filing of a motion to dismiss The docket and other lawful fees paid by the party who
filed a complaint under this Rule, as well as the costs and
The period to file an answer is interrupted by filing of a litigation expenses, shall constitute a lien or charge upon
motion to dismiss. If the motion is denied, the movant may the subject matter of the action, unless the court shall
file his answer within the remaining period to answer, but order otherwise (Rule 62, Sec. 7, RoC).
which shall not be less that 5 days in any event. This
period shall be counted from the notice of denial of A plaintiff may recover the cost of the suit (Rule 62, Sec.
motion. 7, RoC).
SECTION 5: ANSWER AND OTHER PLEADINGS RULE 63: DECLARATORY RELIEF AND SIMILAR
REMEDIES
Each claimant shall file his answer setting forth his claim
within 15 days from service of the summons upon him,
SECTION 1: WHO MAY FILE PETITION
serving a copy thereof upon each of the other conflicting
claimants who may file their reply thereto as provided by
Declaratory relief
these Rules.
Any person interested under a deed, will, contract or other
If any claimant fails to plead within the time herein fixed, written instrument, or whose rights are affected by a statute,
the court may, on motion, declare him in default and executive order or regulation, ordinance, or any other
thereafter render judgment barring him from any claim in governmental regulation may, before breach or violation
respect to the subject matter. thereof bring an action in the appropriate Regional Trial
Court to determine any question of construction or validity
The parties in an interpleader action may file: arising, and for a declaration of his rights or duties,
1. Counterclaims; thereunder (Rule 63, Sec. 1, RoC).
2. Crossclaims;
3. Third-party complaints; and Similar remedies
4. Responsive pleadings thereto as provided by
An action for the reformation of an instrument, to quiet title to
these Rules (Rule 62, Sec. 5, RoC). real property or remove clouds therefrom, or to consolidate
ownership under Article 1607 of the Civil Code, may be
An answer may be filed in an interpleader. A reply may or brought under this Rule (Rule 62, Sec. 7, RoC).
may not be filed. However, if it is an actionable document,
then a reply is necessary. Who may file
A party may be declared in default. Any declaration of default 1. Any person interested under a deed, will, contract
requires a prior motion to that effect. The court is not
authorized to declare a claimant in default motu proprio or other written instrument; or
(Riano, 2019). 2. Those whose rights are affected by a statute,
executive order or regulation, ordinance, or any
SECTION 6: DETERMINATION other governmental regulation
GR: Judgement in a petition for declaratory relief does not
Condition essentially entail any executional process as the only relief
to be properly granted therein is the declaration of the rights
There must be no breach or violation. In a petition for and duties of the parties under the instrument.
declaratory relief, plaintiff has no cause of action because
there must be no breach. Rule 39 does not apply because there is nothing to execute.
After the breach of the contract or statute, the petition can XPN: One of the exceptions is where the court allowed the
execution process to be applied to forestall multiplicity of
no longer be brought (Riano, 2019).
suits. If the judgement was not executed and only declaratory
relief was granted, the plaintiff may again file an action of the
NOTE: The concept of cause of action in ordinary civil same nature which would entail a long and arduous process
action does not apply to declaratory relief because it (Department of Budget and Management v. Manila’s
presupposes no breach or violation of the instruments Finest Retirees Assoc. Inc., GR No. 169466, May 9, 2007).
involved.
Issue
Subject matter of declaratory relief
The validity or construction of such documents shall be the
1. Deed issue in the petition.
2. Will
3. Contract NOTE: The only issue that may be raised in such a petition
is the question of construction or validity of provisions in an
4. Other written instrument instrument or statute. Corollary is the general rule that such
5. Statute an action must be justified, as no other adequate relief or
6. Executive Order remedy is available under the circumstances.
7. Regulation
8. Ordinance Respondent religiously fulfilled its obligations to petitioners
even during the pendency of the present suit. There is no
showing that respondent committed an act constituting a
NOTE: Oral agreements cannot be the subject matter of breach of the subject contract of lease. Thus, respondent is
a petition for declaratory relief, it has to be an instrument not barred from instituting before the trial court the petition
in writing. for declaratory relief. (Almeda v. Bathala Marketing
Industries, G.R. No. 184434, February 08, 2010).
Petition for declaratory relief is not available in unilateral
actions like declaration of citizenship and court decisions, Where filed
the remedy in the latter is to move for clarification or
appeal. The action shall be filed in the RTC and the purpose shall be
to determine any question of construction or validity arising,
Court decisions cannot be the proper subjects of a petition and for a declaration of his rights or duties, thereunder.
for declaratory relief, decisions of quasi-judicial agencies
cannot be subjects of a petition for declaratory relief for NOTE: The subject matter of a petition for declaratory relief
the simple reason that if a party is not agreeable to a raises issues which are not capable of pecuniary estimation
decision either on questions of law or of fact, it may avail and must be filed with the Regional Trial Court (Riano,
of the various remedies provided by the Rules of Court 2019).
(Monetary Board v. Philippine Veterans Bank, GR No.
Where the action is one for quieting of title, which is a similar
189571, January 21, 2015).
remedy under this Rule, the jurisdiction will depend upon the
assessed value of the real property. However, where in an
Relief action styled as for quieting or removal of a cloud on a title,
the plaintiff actually seeks for a declaration of his rights, the
The relief sought by the petition is the declaration of action is one for declaratory relief, which falls within the
petitioner’s rights and duties based on the said jurisdiction of the RTC (Riano, pg. 150, 152, 2019).
documents.
An action for reformation of an instrument and
The purpose is to seek for a judicial interpretation of an consolidation of ownership should also be instituted with
instrument or for a judicial declaration of a person’s rights the Regional Trial Court. The assessed value should not
under a statute and not to ask for affirmative reliefs like be considered.
injunction, damages or any other relief beyond the
purpose of the petition as declared under the Rules Requisites for declaratory relief
(Riano, 2019).
1. Subject matter must be one of those mentioned;

2. The terms of said documents and validity thereof
are doubtful and require judicial construction; Other parties
3. There must have been no breach of the
The other parties are all persons who have or claim any
documents in question;
interest which would be affected by the declaration (Rule 63,
4. There must be an actual justiciable controversy Section 2, RoC).
or the "ripening seeds" of one between persons
whose interests are adverse; NOTE: Non-joinder of parties is not a jurisdictional defect.
5. The issue must be ripe for judicial determination, A third-party complaint cannot be entertained in an action for
declaratory relief since no material relief is sought. A third-
e.g. administrative remedies should have been party complaint may be filed only for contribution, indemnity,
exhausted; subrogation or any other relief, in respect of his opponent's
6. Adequate relief is not available through other claim.
means or other forms of action or proceeding
(Ferrer v. Roco, G.R. No. 174129, July 05, A counterclaim may however be set up. There is nothing in
the nature of a special civil action for declaratory relief that
2010). proscribes the filing of a counterclaim based on the same
transaction, deed or contract subject of the complaint. A
NOTE: There is ripening of seeds when there is a special civil action is after all not essentially different from an
threatened litigation in the immediate future, which ordinary civil action (Department of Budget and
litigation is imminent and inevitable unless prevented by Management v. Manila’s Finest Retirees Assoc. Inc., GR
the declaratory relief. No. 169466, May 9, 2007).
Under the doctrine of primary administrative jurisdiction, SECTION 3: NOTICE ON SOLICITOR GENERAL
courts cannot or will not determine a controversy where
the issues for resolution demand the exercise of sound In any action which involves the validity of a statute,
administrative discretion requiring the special knowledge, executive order or regulation, or any other governmental
experience, and services of the administrative tribunal to regulation, the Solicitor General shall be notified by the party
determine technical and intricate matters of fact. assailing the same and shall be entitled to be heard upon
such question (Rule 63, Sec. 3, RoC).
In other words, if a case is such that its determination
requires the expertise, specialized training and NOTE: Constitutionality of a statute may be raised in the
RTC. (Republic v. Drilon, 2013)
knowledge of an administrative body, relief must first be
obtained in an administrative proceeding before resort to
SECTION 4: LOCAL GOVERNMENT ORDINANCES
the courts is had even if the matter may well be within their
proper jurisdiction (Ferrer v. Roco, GR No. 174129, July
In any action involving the validity of a local government
05, 2010).
ordinance, the corresponding prosecutor or attorney of the
local governmental unit involved shall be similarly notified
SECTION 2: PARTIES and entitled to be heard. If such ordinance is alleged to be
unconstitutional, the Solicitor General shall also be notified
All persons who have or claim any interest which would and entitled to be heard (Rule 63, Sec. 4, RoC).
be affected by the declaration shall be made parties; and
no declaration shall, except as otherwise provided in NOTE: If ordinance was declared by the RTC as
these Rules, prejudice the rights of persons not parties to unconstitutional, it shall go up to the Supreme Court via
the action (Rule 63, Sec. 2, RoC). Petition for Review under Rule 45 because only questions of
law are involved and not factual issues.
Who may file the petition
SECTION 5: COURT ACTION DISCRETIONARY
Where the subject of the petition is a deed, will, contract
or other written instrument, the petition is commenced by Except in actions falling under the second paragraph of
“any person interested” therein. section 1 of this Rule, the court, motu proprio or upon motion,
may refuse to exercise the power to declare rights and to
Those who may sue under the contract should have an construe instruments in any case where a decision would not
interest therein like the parties, their assignees and heirs terminate the uncertainty or controversy which gave rise to
as required by substantive law. the action, or in any case where the declaration or
construction is not necessary and proper under the
Where the subject of the petition is a statute, executive circumstances (Rule 63, Section 5, RoC).
order or regulation, ordinance, or any other governmental
NOTE: Sec. 5 does not apply to similar remedies; court has
regulation, the petition is commenced by one “whose
no choice but to resolve the case falling under the second
rights are affected” by the same (Riano, 2019). paragraph of Sec. 1, Rule 63.
Q: Can an interlocutory order issued by Comelec be subject
In declaratory relief, the court is given the discretion to act to a Rule 64 petition?
or not to act on the petition on the basis of 2 grounds:
1. Where a decision on the petition would not A: No. Because the review is only with respect to final
terminate the uncertainty or controversy which judgment, final order, or resolution of the Comelec or COA.
gave rise to the action; or This decision must be a final decision or resolution of the
2. Where the declaration or construction is not Comelec En Banc, not of a division, certainly not an
necessary and proper under the circumstances interlocutory order of a division. The Supreme Court has no
as when the instrument or the statute has already power to review via certiorari, an interlocutory order or even
been breached (Riano, pg. 145, 2019). a final resolution of a Division of the Commission on
Elections. (Jumamil v. COMELEC, GR No. 167989-93,
March 06, 2007)
SECTION 6: CONVERSION INTO ORDINARY ACTION
The order coming from the regional office was issued in the
If before the final termination of the case, a breach or exercise of its adminsitrative powers. It was not issued in the
violation of an instrument or a statute, executive order or exercise of the adjudicatory powers of the Comelec, and
regulation, ordinance, or any other governmental therefore, it is not right to bring it up to the Supreme Court
regulation should take place, the action may thereupon be via Rule 64. The subject matter of a Rule 64 petition are
converted into an ordinary action, and the parties shall be decisions, final orders, final resolutions of the Comelec En
allowed to file such pleadings as may be necessary or Banc or the COA En Banc, issued in the exercise of its
proper (Rule 63, Sec. 6, RoC). adjudicatory functions and not administrative function. In this
case, the notice and letter are issued only by a Regional
NOTE: Remember, a plaintiff in a petition for declaratory Comelec Office. (Diocese of Bacolod vs. COMELEC, GR
relief has no cause of action. Therefore, if a breach takes No. 205728, January 21, 2015)
place before the final termination of the case, the action
will not be dismissed but it will be converted into an The Constitution and the Rules of Court limit the permissible
ordinary action and the parties should be allowed to file scope of inquiry in Rules 64 and 65 certiorari petitions only
to errors of jurisdiction or grave abuse of discretion. Hence,
pleadings as may be necessary or proper.
unless tainted with grave abuse of discretion, the COA’s
simple errors of judgment cannot be reviewed even by the
However, if there is already a breach prior to the filing of Supreme Court. (Fontanilla vs. COA, GR No. 209714, June
a petition for declaratory relief, the case would be 21, 2016)
dismissed and not converted into an ordinary civil action.
SECTION 2: MODE OF REVIEW
Payment of docket fees
A party aggrieved by the judgment, final order or resolution
If the petition for declaratory relief is converted into an of the COMELEC or the COA may file a petition for certiorari
ordinary civil action, the court will order the petitioner to under Rule 65 with the Supreme Court. (Rule 64, Sec. 2,
pay the requisite filing fees. RoC)
RULE 64: REVIEW OF FINAL JUDGMENTS AND Rule 64 is a mode of review which must be brought on
FINAL ORDERS OR RESOLUTIONS OF THE certiorari under Rule 65 before the Supreme Court. What you
COMELEC AND COA file is Rule 64 on the ground of Rule 65 which are errors of
jurisdiction.
SECTION 1: COVERAGE
It is available only when there is no appeal, nor any other
Rule 64 applies only to judgment or final order or plain, speedy or adequate remedy in the ordinary course of
resolution from two Constitutional Commissions: law (Riano, pg. 175, 2019).
1. Commission on Elections; and
2. Commission on Audit NOTE: Questions of facts, questions of law or mixed
questions of fact and law are not to be raised in the petition
The remedy for other Constitutional Commissions e.g. under Rule 64, in relation to Rule 65, such questions
Civil Service Commission and Commission on Human amounting to mere errors of judgments and, thus, are the
proper subjects of an appeal (Riano, pg. 175, 2019).
Rights is petition for review under Rule 43 elevated to the
Court of Appeals.
A petition for review on certiorari is the remedy provided in
Rule 45, Section 1 against an adverse judgment, final order,
NOTE: Comelec and COA here refers to the Comelec En or resolution of the CA, Sandiganbayan, and the RTC or
Banc and COA En Banc. It is not based on an action of other courts whenever authorized by law. On other hand,
the division. Rule 64, Section 1 defines the scope of the Rule, while
Section 2 refers to the mode of review and provides that the
judgments, final orders, and resolutions of the COA are to be Rule, parties who availed themselves of the remedy of
brought on certiorari to this Court under Rule 65 (Oriondo motion for reconsideration are now allowed to file an
vs. COA, GR No. 211293, June 04, 2009). appeal within fifteen days from the denial of that motion.
SECTION 3: TIME TO FILE PETITION However, despite the ruling of the Court that the Neypes
Rule strictly applies only with respect to judicial decisions
When do you file? and that the said rule does not firmly apply to
administrative decisions, the specific administrative rules
The petition shall be filed within 30 days from the notice of procedure applicable in such cases explicitly
of the judgment or final order or resolution sought to be precluded the application of the Fresh Period Rule.
reviewed (Rule 64, Section 3, RoC).
For instance, in Panolino v. Tajala, G.R. No. 183616, June
If a motion for reconsideration was filed, if allowed by the 29, 2010, the Court did not apply the Neypes Rule because
procedural rules of Commission concerned, such filing will according to Administrative Order No. 87, Series of 1990,
interrupt the running of the period of 30 days. Once the which was the applicable rule of procedure in cases before
order denying the motion for reconsideration is received, the DENR, “if a motion for reconsideration of the
the petitioner has the remaining balance of the period decision/order of the Regional Office is filed and such motion
within which to file a petition for certiorari under Rule 64, for reconsideration is denied, the movant shall have the right
but in no case less than five (5) days. to perfect his appeal during the remainder of the period of
appeal, reckoned from the receipt of the resolution of denial.”
EXAMPLE: X received the final judgment of COA on
December 1. X has a period thirty (30) days from Another example, in San Lorenzo Builders and Developers
Group, Inc. v. Bayang, G.R. No. 194702, April 20, 2015, the
December 1 within which to file an original special civil
Court did not apply the Fresh Period Rule in an appeal of a
action under Rule 64. X filed a motion for reconsideration
decision of the Housing and Land Use Regulatory Board
on December 15, which left him with 16 days as the (HLURB) before the Office of the President (OP) because
remaining balance of the period. If X received the order according to the applicable rule therein, i.e., Section 2, Rule
denying his motion for reconsideration on February 1, he XXI of HLURB Resolution No. 765, Series of 2004, in relation
has until February 17 within which to file his petition under to Paragraph 2, Section 1 of Administrative Order No. 18,
Rule 64. Series of 1987, "in case the aggrieved party files a motion for
reconsideration from an adverse decision of any
Q: If X received the decision of COA on December 1 and agency/office, the said party has the only remaining balance
filed his motion for reconsideration on December 27, and of the prescriptive period within which to appeal, reckoned
received the order denying the motion for reconsideration from receipt of notice of the decision denying his/her motion
on February 5, when is his deadline to submit his petition? for reconsideration."
A: February 10. Although X has only 4 days of the Similarly, in Jocson v. San Miguel, G.R. No. 206941, March
remaining balance of the period, his deadline is not 9, 2016, the Fresh Period Rule was also not applied in an
February 9, because it is clear in section 3 that it is no appeal from a decision of the Provincial Adjudicator to the
case that the period is less than five (5) days. Department of Agrarian Reform Adjudication Board
(DARAB) because under the 2003 DARAB Rules of
NOTE: Neypes ruling is not applicable in Rule 64. Neypes Procedure, "the filing of a Motion for Reconsideration shall
Rule states that the “fresh period rule” applies to Rule 40, interrupt the period to perfect an appeal. If the motion is
denied, the aggrieved party shall have the remaining period
42, 43, and 45, and will also apply to government
within which to perfect his appeal. Said period shall not be
agencies covered by the Puerto del Sol ruling. Rule 64
less than five (5) days in any event, reckoned from the
and 65 are not modes of appeal. receipt of the notice of denial."
Puerto del Sol Palawan ruling vis-à-vis the application In Puerto del Sol Palawan, there is no similar provision in the
of Neypes Rule in administrative cases 2003 NCIP Rules of Procedure which states that in case the
aggrieved party files a motion for reconsideration from an
In the case of Puerto del Sol Palawan, Inc. v. Hon. adverse decision of the RHO, the said party has only the
Kissack B. Gabaen, et al., G.R. Noi. 212607, March 27, remaining balance of the period within which to appeal,
2019, concerning a case previously filed before the reckoned from receipt of notice of the RHO's decision
National Commission on Indigenous Peoples, the denying the motion for reconsideration.
Supreme Court ruled that under Sec. 97, Rule XVII, of the
2003 National Commission on Indigenous Peoples (2003 Section 46, Rule IX of the 2003 NCIP Rules of Procedure
NCIP Rules of Procedure), the provisions of the Rules of clearly adopts the Fresh Period Rule, stating that, in a
Court shall apply in an analogous and suppletory situation wherein a motion for reconsideration was filed, a
character. Under the Rules of Court, with the advent of judgment rendered by the Regional Hearing Officer
the Neypes Rule, otherwise known as the Fresh Period (RHO) shall become final only when no appeal is made

within fifteen (15) days from receipt of the order denying their expertise on the specific matters under their jurisdiction
such motion for reconsideration. By issuing an Order that (Riano, pg. 177, 2019).
plainly and unmistakably goes against the above-stated
rule, the Court finds that NCIP, RHO IV gravely abused Q: Who do you implead?
its discretion.
A:
Motion for new trial or reconsideration 1. Petitioner – Aggrieved Party
2. Public Respondent – COMELEC or COA, also
Whether or not a party may file a motion for new trial or called nominal party; and
motion for reconsideration of the judgment, final order or 3. Private Respondent – person or persons interested
resolution of the commission involved is dependent upon in sustaining the judgment
the procedural rules of the commission concerned. If such
motions are allowed, the filing of either shall interrupt the Q: Why is there a need to implead constitutional bodies or
period for the filing of the petition for certiorari (Riano, pg. the court, as in the case of Rule 65?
179, 2019).
A: It involves the question of jurisdiction and the petitioner
If a motion for new trial or motion for reconsideration was wants the Supreme Court to act within its jurisdiction over
filed, if provided and allowed under the rules of the these constitutional bodies under Rule 64.
Commission, it will stop the running of the 30-day period.
Once the order denying the motion for reconsideration or Q: Why is there a need to implead private respondent?
motion for new trial was received, then the period will start
to run again. You have the remaining balance of the A: The private respondent is supposed to be the one filing
the comment in order to sustain the ruling of the 2
period within which to file Rule 64 petition, but in no event,
constitutional bodies.
it shall be less than 5 days (Chua vs. COMELEC, GR No.
236573, August 14, 2018). Q: Is it required for the COMELEC or COA to file a comment?
Rule 64 is generally identical with certiorari under Rule 65, A: As a general rule, NO. It is the private respondent who
except as to the period of the filing of the petition for shall file the comment because he is the one interested in
certiorari, that is, in the former, the period is 30 days from sustaining the judgment. It is the duty of the private
notice of the judgment or final order or resolution sought respondent to ensure that the judgment issued by the
to be reviewed but, in the latter, not later than 60 days constitutional bodies will be sustained.
from notice of the judgment, or order or resolution
assailed. As a general rule a motion for reconsideration Q: What are the additional requirements?
should be filed, if allowed by the procedural rules of
Comelec and COA (Causing vs. COMELEC, GR No. A:
199139, September 09, 2014). 1. Clearly legible duplicate original or certified true
copy (CTC) of the judgment, final order or
SECTION 4: DOCKET AND OTHER LAWFUL FEES resolution subject thereof;
2. Certified true copies of such material portions of
Upon filing of the petition, the petitioner shall pay to the
clerk of court the docket and other lawful fees and deposit the record as are referred to therein;
the amount of P500.00 for costs (Rule 64, Section 4, 3. Other documents relevant and pertinent thereto;
RoC). 4. The requisite number of copies of the petition
shall contain plain copies of all documents
SECTION 5: FORM AND CONTENTS OF PETITION attached to the original copy of said petition;
5. Petition shall state the specific material dates
The petition shall state the name of the aggrieved party and
showing that it was filed within the proper period;
implead the Commission concerned, and the person or
persons interested in sustaining the judgment, final order or 6. Certificate of Non-forum Shopping;
resolution a quo. It shall also include the facts, issues, and 7. Proof of service of a copy to the Commission and
arguments and the material dates, and state the prayer for on the adverse party;
the annulment of the judgment (Rule 64, Section 5, RoC). 8. Timely payment of docket and other lawful fees.
The findings of facts of the Commission, when supported by
substantial evidence shall be final and non-reviewable. The failure of the petitioner to comply with any of the
foregoing requirements shall be sufficient ground for the
It is well-settled that findings of fact of quasi-judicial agencies dismissal of the petition (Rule 64, Section 5, RoC).
are generally accorded respect and even finality by the
Court, if supported by substantial evidence, in recognition of NOTE: Rule 64 is an original special civil action. It is not
a continuation of the proceedings before the
Constitutional Commissions. It is an initiatory pleading, by the Court. If there is no directive, the petitioner may file a
therefore, it is a requirement to put a certificate of non- motion to admit reply, because it cannot be filed as a matter
forum shopping. Without this requirement, petition will of right.
be dismissed, and it is not curable by an amendment.
SECTION 8: EFFECT OF FILING
The petition shall attach proof of service of copies to the
Commission and the adverse party that the decision was The filing of a petition for certiorari shall not stay the
elevated on certiorari. If copies were not furnish to them, execution of the final judgment or final order or resolution
or absent such proof, the petition shall be dismissed and sought to be reviewed, unless the Supreme Court shall direct
the decision of the Commission shall attain finality. otherwise upon such terms as it may deem just (Rule 64,
Section 8, RoC).
To stop the decision of the Comelec or COA from being
If you want it stayed, the petition must be coupled with a
executed, the petition needs to be coupled with a prayer
prayer for the issuance of a TRO, which if issued by the
of Temporary Restraining Order (TRO) or Writ of Supreme Court, is without a period until lifted.
Preliminary Injunction (WPI).
NOTE: TRO issued by the CA is effective for 60 days. TRO
SECTION 6: ORDER TO COMMENT issued by the RTC is effective for 20 days.
Upon compliance of the above mentioned requirements, SECTION 9: SUBMISSION FOR DECISION
the court will now issue an order to comment upon the
private respondent. He or she is given a period of ten (10) Unless the Court sets the case for oral argument, or requires
days from notice within which to file a comment. parties to submit memoranda, the case shall be deemed
submitted for decision upon the filing of the comments on the
The Court may dismiss the petition outright if the petition petition, or of such other pleadings or papers as may be required
is not sufficient in form and substance, if it was filed or allowed, or the expiration of the period to do so (Rule 64,
manifestly for delay or the questions raised are too Section 9, RoC).
unsubstantial to warrant further proceedings (Rule 64,
Section 6, RoC). RULE 65: CERTIORARI, PROHIBITION AND
MANDAMUS
Q: What will the Supreme Court do upon filing?
Certiorari v. Prohibition v. Mandamus
A: The Court will check whether the petition is sufficient
in form and in substance. CERTIORARI PROHIBITION MANDAMUS
DEFINITION
In terms of form, if it complies with all the requirements in Extraordinary Extraordinary Mandamus is an
Section 5 such as if the petition is accompanied by writ annulling or writ commanding extraordinary writ
duplicate original or certified true copies of the judgment, modifying the a tribunal, commanding a
final order or resolution, or the certificate of non-forum proceedings of a corporation, tribunal,
shopping, and also if it was filed on time. tribunal, borad or board or person, corporation, board
officer exercising whether or person, to do an
In terms of substance, if the petition has the right judicial or quasi- exercising act required to be
arguments that will sustain the challenged decision. judicial functions judicial, quasi- done:
when such judicial or a. When he
If the petition is sufficient in form and substance, the court tribunal, board or ministerial unlawfully
will also check if petitioner paid the docket and other legal officer has acted functions, to neglects the
fees. without or in desist from performance
excess of its or further of an act
SECTION 7: COMMENTS OF RESPONDENTS his jurisdiction, proceedings which the law
or with grave when said specifically
The comments of the respondents shall be filed in 18 legible abuse of proceedings are enjoins as a
copies and the original shall be accompanied by certified true discretion without or in duty, and
copies of the material portions of the records referred to amounting to excess of its there is no
together with other supporting papers. Copy shall be served lack or excess of jurisdiction, or other plain,
to the petitioner (Rule 64, Section 7, RoC). jurisdiction, there with abuse of its speedy and
being no appeal discretion, there adequate
Q: Can petitioner file a reply immediately? or any other being no appeal remedy in the
plain, speedy or any other ordinary
and adequate plain, speedy course of law;
A: No. The petitioner must wait for the court to direct him or
remedy in the and adequate or
her to file a reply. Section 7 clearly states that no other
ordinary course remedy in the
pleading may be filed by any party unless required or allowed
of law (Sec. 1, ordinary course b. When one officer exercising judicial or quasi-judicial functions whereby
Rule 65). of law (Sec. 2, unlawfully the record of a particular case is ordered to be elevated for
Rule 65). excludes review and correction in matters of law. It is intended for the
another from correction of errors of jurisdiction only or grave abuse of
the use and discretion amounting to lack or excess of jurisdiction. Its
enjoyment of principal office is only to keep the inferior court within the
a right or office parameters of its jurisdiction or to prevent it from committing
to which the such a grave abuse of discretion amounting to lack or excess
other is of jurisdiction (Tagle vs. Equitable PCI Bank, G.R. No.
entitled (Sec. 172299, April 22, 2008).
3, Rule 65).
AGAINST WHOM In original actions for certiorari under this Rule, the findings
Entity or person of fact of the Court of Appeals are not conclusive or binding
Entity or person exercising upon the Supreme Court, unlike the general rule in appeals
Entity or person by certiorari under Rule 45. That theory of conclusiveness
exercising juridical or
exercising does not apply in this special civil action under Rule 65
juridical or quasi-judicial
ministerial (Regalado, 2010).
quasi-judicial function or
function.
function. ministerial
Effect to the Principal Action or Reglementary Period
function.
GROUND An original action for certiorari is an independent action and
Entity or person Entity or person does not interrupt the principal action nor the running of the
is alleged to is alleged to Entity or person is reglementary period. To arrest the course of the principal
have acted have acted alleged to have action during the pendency of the certiorari proceedings,
without without unlawfully TRO or WPI must likewise be prayed for.
jurisdiction; in jurisdiction; in neglected a
excess of excess of ministerial duty; or Cannot be issued against a tribunal/agency/court of the
jurisdiction; or jurisdiction; or excluded another same rank
with grave with grave from a right or
abuse of abuse of office. A writ of certiorari or prohibition cannot be issued by the RTC
discretion. discretion. against an administrative agency exercising quasi-judicial
PURPOSE functions since the latter is of the same rank as the RTC
To require the (remember that a writ of Certiorari is a writ emanating from a
To have the respondent to: superior court). This is based on the doctrine of non-
interference or doctrine of judicial stability.
To annul or respondent
nullify a desist from 1. Do the act Subject Matter
proceeding. further required; and
proceeding. 2. To pay GR: Normally, the subject matters of CPM are interlocutory
damages orders, not final orders or judgment because in cases of final
NATURE orders or judgment, the proper remedy would be appeal.
Affirmative or
Positive – if the XPN: Decisions that are immediately final and executory
performance of a may be the subject matter of CPM.
Negative and
duty is ordered; or
Corrective – to Preventive – to Example of Decisions that are Immediately Final and
correct restrain or Executory
Negative – if a
usurpation of prevent
person is ordered
jurisdiction. usurpation of 1. Considering the final nature of a small claims case
to desist from
jurisdiction. decision under Section 23 of the Rule of Procedure for
excluding another
from a right or Small Claims Cases, the remedy of appeal is not
office. allowed, and the prevailing party may, thus, immediately
SCOPE move for its execution. Nevertheless, the proscription on
Discretionary appeals in small claims cases, similar to other
Discretionary
and Ministerial Ministerail acts proceedings where appeal is not an available
acts
acts remedy, does not preclude the aggrieved party from
filing a petition for certiorari under Rule 65 of the Rules
SECTION 1: CERTIORARI of Court (A.L. Ang Network, Inc. vs. Mondejar, G.R.
No. 200804, January 22, 2014).
A Writ of Certiorari is a writ emanating from a superior
court directed against an inferior court, tribunal, board or
2. Judgment on a Petition for Declaration of
Presumptive Death is immediately final and executory Certiorari did not lie against the Sangguniang Panglungsod
and, hence, not subject to ordinary appeal (Republic which was not a part of the Judiciary settling an actual
controversy involving legally demandable and enforceable
of the Philippines vs. Granada, G.R. No. 187512, rights when it adopted Resolution No. 552, but a legislative
June 13, 2012). and policy-making body declaring its sentiment or opinion
(Yusay vs. CA, G.R. No. 156684, April 6, 2011).
Requisites for a Petition for Certiorari to Prosper
With respect to the Supreme Court, however, the remedies
1. The writ is directed against a tribunal, a board or any of certiorari and prohibition are necessarily broader in scope
and reach, and the writ of certiorari or prohibition may be
officer exercising judicial or quasi-judicial functions;
issued to correct errors of jurisdiction committed not only by
2. Such tribunal, board or officer has acted without or in a tribunal, corporation, board or officer exercising judicial,
excess of jurisdiction, or with grave abuse of quasi-judicial or ministerial functions but also to set right,
discretion amounting to lack or excess of jurisdiction; undo and restrain any act of grave abuse of discretion
and amounting to lack or excess of jurisdiction by any branch or
instrumentality of the Government, even if the latter does not
3. There is no appeal or any plain, speedy and adequate
exercise judicial, quasi-judicial or ministerial functions.
remedy in the ordinary course of law – file a Motion
for Reconsideration, then file a Petition for Certiorari. This application is expressly authorized by the text of the
second paragraph of Section 1 of Art. VIII of the 1987
First Requisite: The writ is directed against a tribunal, Constitution. Thus, petitions for certiorari and prohibition are
a board or any officer exercising judicial or quasi- appropriate remedies to raise constitutional issues and to
judicial functions review and/or prohibit or nullify the acts of legislative and
executive officials (Araullo vs. Aquino III, G.R. No. 209287,
Functions of Respondent Tribunal, Board or Officer: July 1, 2014).
1. Judicial Function – it consists of the power to Second Requisite: Such tribunal, board or officer has
acted without or in excess of jurisdiction, or with
determine what the law is and what the legal
grave abuse of discretion amounting to lack or
rights of the parties are and then undertake to excess of jurisdiction
determine these questions and adjudicate upon
the rights of the parties. Jurisdictional Errors
2. Quasi-judicial Function – it applies to the action 1. “Without jurisdiction” means that the court acted
or discretion of public administrative officers or with absolute lack of authority or want of legal
bodies, which are required to investigate facts or power, right or authority to hear and determine a
ascertain the existence of facts, hold hearings, cause or causes, considered either in general or
and draw conclusions from them as basis for their with reference to a particular matter. It means
official action and to exercise discretion of a lack of power to exercise authority.
judicial nature.
2. "Excess of jurisdiction" occurs when the court
The petitioner here failed to show that the Secretary of transcends its power or acts without any statutory
Justice was an officer exercising judicial or quasi-judicial authority; or results when an act, though within
functions. Instead, the Secretary of Justice would appear the general power of a tribunal, board or officer
to be not exercising any judicial or quasi-judicial functions (to do) is not authorized, and invalid with respect
because his questioned issuances were ostensibly
to the particular proceeding, because the
intended to ensure his subordinates’ efficiency and
economy in the conduct of the preliminary investigation of conditions which alone authorize the exercise of
all the cases involving the Legacy Group. The function the general power in respect of it are wanting.
involved was purely executive or administrative
(Spouses Dacudao vs. Sec. of Justice, G.R. No. 3. "Grave abuse of discretion" implies that power is
186056, January 8, 2013). exercised in an arbitrary or despotic manner by
reason of passion, prejudice, or personal hostility;
The issuance of an executive order is not a judicial or and such exercise is so patent or so gross as to
quasi-judicial act, therefore, a petition for certiorari is an
amount to an evasion of a positive duty or to a
incorrect remedy. Instead, a petition for declaratory relief
under Rule 63 is the proper recourse to assail the validity virtual refusal either to perform the duty enjoined
of an executive order (Galicto vs. Aquino, G.R. No. 193978, or to act at all in contemplation of law. The abuse
February 28, 2012).
of discretion must be grave for the writ of c. For certain special considerations as public
certiorari to issue. policy or public welfare;
d. When the order is a patent nullity;
Error of Jurisdiction vs. Error of Judgment e. When decision in the certiorari case will avoid
future litigation; and
Certiorari does not correct errors of judgment but only f. When, in criminal actions, the court rejects
errors of jurisdiction. rebuttal evidence for the prosecution as in case
of acquittal, there could be no remedy.
ERROR OF JURISDICTION ERROR OF JUDGMENT
An error of jurisdiction is An error of judgment is NOTE: Certiorari is not a substitute for a lost appeal.
one where the act one which the court may
complained of was issued by commit in the exercise GR: When the remedy by appeal had already been lost due
the court without or in of its jurisdiction. As to petitioner’s own neglect or error in the choice of remedies,
excess of jurisdiction. It long as the court acts certiorari cannot lie.
occurs when the court within its jurisdiction, any
exercises a jurisdiction not alleged errors committed XPNs:
conferred upon it by law, or in the exercise of its a. Appeal is lost without the appellant’s
when the court or tribunal discretion will amount to negligence;
although with jurisdiction, nothing more than mere b. When public welfare and the advancement of
acts in excess of its errors of judgment. Errors public policy dictates;
jurisdiction or with grave of judgment c. When the writs issued are null and void; and
abuse of discretion include errors of d. When the questioned order amounts to an
amounting to lack of procedure or mistakes
oppressive exercise of judicial authority.
jurisdiction. in the court‘s findings.
2. Motion for Reconsideration
NOTE: Questions of facts
cannot be raised in an
GR: Since a motion for reconsideration is generally regarded
action for certiorari.
as a plain, speedy, and adequate remedy, the failure to first
Correctible only by the Correctible by appeal take recourse to is usually regarded as fatal omission.
extraordinary writ of
certiorari XPNs: However, there are exceptions, among these are:
Third Requisite: There is no appeal or any plain, a. Where the order is a patent nullity as where the
speedy and adequate remedy in the ordinary course court a quo had no jurisdiction;
of law. b. Where the questions raised in the certiorari
proceeding have been duly raised and passed
Certiorari is a remedy of last resort. It is not available if the
upon by the lower court;
party still has another speedy and adequate remedy
available. c. Where there is an urgent necessity for the
resolution of the question and any further delay
A remedy is considered "plain, speedy and adequate" if it would prejudice the interests of the
will promptly relieve the petitioner from the injurious government;
effects of the judgment and the acts of the lower court or d. Where under the circumstances, a motion for
agency. reconsideration would be useless, as where the
court indicated that it will deny the Motion for
Examples of “plain, speedy and adequate” remedies: Reconsideration;
e. Where the petitioner was deprived of due
1. Appeal
process and there is extreme urgency of relief;
f. Where, in a criminal case, relief from an order
Appeal and Certiorari are Mutually Exclusive
of arrest is urgent and the granting of such relief
GR: Where the proper remedy is appeal, the action for by the trial court is improbable;
certiorari will not be entertained. g. Where the proceedings in the lower court are a
nullity for lack of due process;
XPNs: h. Where the proceeding was ex parte or in
a. When appeal does not constitute a speedy and
which the petitioner had no opportunity to
adequate remedy;
object; and
b. When orders were issued either in excess of or
without jurisdiction;
i. Where the issue raised is one purely of law undo an act already performed, where anything remains to
or where public interest is involved. be done by the court, prohibition will give complete relief, not
only by preventing what remains to be done but by undoing
what has been done. Under some statutes, the court must
Other Formal Requisites
grant the appropriate relief whatever the proceeding is called
if facts stating ground for relief are pleaded (Aurillo vs. Rabi,
1. The petition for certiorari must be verified. GR No. 120014, November 26, 2002).
2. It shall contain a prayer for the annulment or
modification of the proceedings and grant of such Not a substitute for quo warranto
incidental reliefs as law and justice may require.
3. The petition shall be accompanied by: The writ of prohibition, even when directed against persons
acting as judges or other judicial officers, cannot be treated
a. a certified true copy of the judgment, order or
as a substitute for quo warranto or be rightfully called upon
resolution subject thereof, to perform any of the functions of that writ. If there is a court,
b. copies of all pleadings and documents judge, or officer de facto, the title to the office and the right to
relevant and pertinent thereto, and act cannot be questioned by prohibition.
c. a sworn certification of non-forum shopping
If an intruder takes possession of a judicial office, the person
as provided in the paragraph of Section 3, dispossessed cannot obtain relief through a writ of
Rule 46. prohibition commanding the alleged intruder to cease from
performing judicial acts, since in its very nature prohibition is
SECTION 2: PROHIBITION an improper proceeding by which to determine the title to an
office. And the writ of prohibition will not issue against a judge
A Writ of Prohibition is a writ issued by a superior court de facto on the ground that the statute purporting to confer
and directed against an inferior court, tribunal, authority upon the governor to appoint him is unconstitutional
corporation, board, officer or other person, whether (Nacionalista vs. De Vera, GR No. L-3474, December 7,
exercising judicial, quasi-judicial or ministerial functions, 1949).
commanding it to desist from further proceedings, for the
purpose of preventing the latter from usurping jurisdiction Requisites of Prohibition
with which it is not legally vested.
1. Respondent is a tribunal, corporation, board or
NOTE: Prohibition lies against judicial or ministerial person exercising judicial, quasi-judicial or
functions, but not to legislative functions. It is available ministerial functions;
against public officers who were appointed under an
unconstitutional legislative order (Regalado, 2010). 2. Respondent acted, is acting or is about to act
without or in excess of jurisdiction, or acted with
Certiorari, prohibition and mandamus do not generally lie, grave abuse of discretion amounting to lack or
subject to well-settled exceptions, against the legislative
excess of jurisdiction; and
and executive branches or the members thereof acting in
the exercise of their official functions, basically in
consideration of respect due from the judiciary to said 3. There must be no appeal or other plain, speedy and
departments of co-equal and coordinate ranks under the adequate remedy.
principle of separation of powers (Regalado, 2010).
For grave abuse of discretion to be a ground for
Function of Prohibition prohibition, the petitioner must first demonstrate that the
tribunal, corporation, board, officer, or person, whether
The function of prohibition is to prevent the unlawful and exercising judicial, quasi-judicial or ministerial functions,
oppressive exercise of legal authority and to provide for a fair has exercised its or his power in an arbitrary or despotic
and orderly administration of justice. The writ of prohibition is manner, by reason of passion or personal hostility, which
directed against proceedings that are done without or in must be so patent and gross as would amount to an
excess of jurisdiction, or with grave abuse of discretion, there evasion, or to a virtual refusal to perform the duty enjoined
being no appeal or other plain, speedy and adequate remedy or to act in contemplation of law.
in the ordinary course of law (Spouses Yusay vs. CA, G.R.
No. 156684, April 6, 2011). On the other hand, the term excess of jurisdiction signifies
that the court, board, or officer has jurisdiction over a case
Generally, the relief granted in a prohibition proceeding is but has transcended such jurisdiction or acted without any
governed by the nature of the grievance proved and the authority (Spouses Yusay vs. CA, G.R. No. 156684,
situation at the time of judgment. April 6, 2011).
Although the general rule is that a writ of prohibition issues In order that prohibition will lie against an executive
only to restrain the commission of a future act, and not to officer, the petitioner must first exhaust administrative
remedies as prohibition is available only when there are a. The question of constitutionality of the
no other plain, speedy and adequate remedies in the President’s appointment of Department
course of law (Regalado, 2010). Secretaries in an acting capacity while
Congress is in session.
When a motion to dismiss on the ground of improper b. The question of validity of a special election to
venue is erroneously denied, mandamus is not the fill in a vacancy in the Senate in relation to
proper remedy for correcting the error. It being a case COMELEC’s failure to comply with
where a judge is proceeding in defiance of the Rules of requirements on the conduct of such special
Court by refusing to dismiss an action which should not election.
be maintained in his court, the remedy is prohibition
(Enriquez vs. Macadaeg, GR No. L-2422, September 2. Writ of prohibition will lie to prevent the unlawful
30, 1949). creation of a new province by those in the corridors of
power who could avoid judicial intervention and review
Other Formal Requisites by merely speedily and stealthily completing the
commission of such illegality.
1. Verified petition by the petitioner not by the
lawyer: Prohibition vs. Injunction
a. To contain alleged facts with certainty; and
b. Prayer that judgment be rendered PROHIBITION INJUNCTION
commanding the respondent from further DEFINITION
proceedings or grant such incidental reliefs Prohibition is an 1. Main action for
as law and justice requires. extraordinary writ injunction seeks to
commanding a tribunal, enjoin the defendant
2. Accompanied by a certified true copy of the corporation, board or from the commission
judgment, order or resolution subject thereof and person, whether or continuance of a
documents relevant and pertinent thereto or exercising judicial, quasi-
specific act, or to
duplicate original; and judicial or ministerial
functions, to desist from compel a particular
further proceedings when act in violation of the
3. Sworn certification against forum shopping as said proceedings are rights of the applicant.
provided in Rule 46, Section 3. without or in excess of its 2. Preliminary injunction
jurisdiction, or with abuse is a provisional
Prohibition Does Not Lie Against Expropriation of its discretion, there remedy to preserve
being no appeal or any
There can be no prohibition against a procedure whereby the status quo and
other plain, speedy and
the immediate possession of the land under expropriation adequate remedy in the prevent future wrongs
proceedings may be taken, provided always that due ordinary course of law in order to preserve
provision is made to secure the prompt adjudication and and protect certain
payment of just compensation to the owner. This bar interests or rights
against prohibition comes from the nature of the power of during the pendency
eminent domain as necessitating the taking of private land
intended for public use, and the interest of the affected of an action.
landowner is thus made subordinate to the power of the NATURE
State. A special civil action It is an ordinary civil
under Rule 65. It is always action. It may be the main
Only when the landowners are not given their just the main action. action itself or just a
compensation for the taking of their property or when provisional remedy.
there has been no agreement on the amount of just PURPOSE
compensation may the remedy of prohibition become To prevent an For the defendant either
available. encroachment, excess, to refrain from an act or to
usurpation or assumption perform not necessarily a
Acts Fait Accompli (Accomplished Facts) of jurisdiction; legal and ministerial duty
AGAINST WHOM DIRECTED
GR: Prohibition is a preventive remedy. As such, it will not lie for May be directed against Directed against a party
acts already accomplished. entities exercising judicial
or quasi-judicial, or
XPNs: ministerial functions
1. Courts will decide a question otherwise moot if it is
SCOPE
capable of repetition yet evading review, such as:
Extends to discretionary Does not necessarily When petition for mandamus is proper
and ministerial functions extend to ministerial,
discretionary or legal A writ of mandamus will not issue to control the exercise of
functions official discretion or judgment, or to alter or review the action
GROUNDS taken in the proper exercise of the discretion of judgment, for
It is based on the ground It does not involve the the writ cannot be used as a writ of error or other mode of
that the court against jurisdiction of the court. direct review (Lamb v. Phipps, G.R. No. L-7806, July 12,
whom the writ is sought 1912).
had acted, is acting, or is
Mandamus is a proper recourse for citizens who seek to
about to act without or in
enforce a public right and to compel the performance of a
excess of jurisdiction. public duty, most especially when mandated by the
JUDGMENT Constitution. Thus, a party to a case may demand
Commands respondent to May be either to compel expeditious action from all officials who are tasked with the
desist from proceeding in the defendant to do an act administration of justice (Endona v. Ombudsman, GR No.
the action. or to restrain him from 174902-06, February 15, 2008).
doing such an act.
COURT WHICH HAS JURISDICTION However, in extreme situations generally in criminal cases,
May be brought in the SC, May be brought in the mandamus lies to compel the performance of the fiscal of
CA, Sandiganbayan, or in RTC which has discretionary functions where his actuations are tantanmount
the RTC which has jurisdiction over the to a willful refusal to perform a required duty (1 Regalado
jurisdiction over the territorial area where 804, 2010 Ed.)
territorial area where respondent resides.
respondent resides. Grounds
SECTION 3: MANDAMUS When any tribunal, corporation, board, officer or person

unlawfully
1. Neglects the performance of an act which the law
Requisites
specifically enjoins as a duty resulting from an office,
1. Respondent unlawfully neglects the performance trust, or station, or
of an act which the law specifically enjoins as a 2. Excludes another from the use and enjoyment of a
right or office to which such other is entitled (Rule
duty resulting from an office, trust, or station, or
excludes another from the use and enjoyment of
a right or office to which such other is entitled; and Mandamus is the proper remedy when the respondent
2. There is no other plain, speedy and adequate unlawfully excludes the petitioner from a public office,
remedy in the ordinary course of law (Rule 65, position or franchise to which the latter is entitled without
Section 3, RoC). usurping, intruding into or unlawfully holding the office.
However, if the respondent claims any right to the office and
usurps, intrudes into or unlawfully holds it against the
Notes on mandamus:
petitioner, quo warranto is the proper remedy.
1. There must be a well-defined, clear legal right or
Ministerial act or duty
duty. The duty must be enjoined by law; hence, a
contractual duty cannot be enforced by mandamus. Q: What is the nature of a writ of mandamus? What does a
2. Respondent must be exercising ministerial duty. ministerial act or duty mean?
3. There is no other plain, speedy, and adequate
remedy in the ordinary course of law (Rule 65, A: It is a writ that commands the performance of a purely
Section 3, RoC). ministerial duty imposed by law. A duty is ministerial when it
demands no special judgment, discretion and is a simple and
However, mandamus “will lie to compel discharge of the definite duty imposed by law.
discretionary duty itself but not to control the discretion to be
exercised. In other words, a mandamus can issue to require Discretionary acts not compellable by mandamus
action, but not specific action.”
Mandamus does not lie to compel the performance of a
Mandamus will not issue to control or review the exercise of discretionary duty. It will not issue to control or review the
discretion of a public officer where the law imposes upon said exercise of discretion of a public officer where the law
public officer the right and duty to exercise his judgment in imposes upon said officer the right and duty to exercise his
reference to any matter in which he is required to act (Calim judgment in reference to any matter in which he is required
vs. Guerrero, GR No. 156527, March 5, 2007). to act.

It is an appropriate remedy to compel the payment of the SECTION 4: WHEN AND WHERE TO FILE THE
benefits to which an employee is entitled under the law PETITION
such as holiday pay.
The petition shall be filed not later than sixty (60) days from
Reconstitution is not a ministerial act. It involves the notice of the judgment, order or resolution. In case a motion
exercise of discretion in the evaluation of the evidence for reconsideration or new trial is timely filed, whether such
presented before it. How to rule on the admission of the motion is required or not, the sixty (60) day period shall be
evidence cannot be compelled by mandamus. counted from notice of the denial of said motion.
It is not proper when the act against which it is directed is The petition shall be filed in the Supreme Court or, if it relates
one addressed to the discretion of the tribunal or officer. to the acts or omissions of a lower court or of a corporation,
board, officer or person, in the Regional Trial Court
exercising jurisdiction over the territorial area as defined by
It will not lie to order the court to decide in a particular
the Supreme Court. It may also be filed in the Court of
manner and for or against a litigant. Appeals whether or not the same is in aid of its appellate
jurisdiction, or in the Sandiganbayan if it is in aid of its
It is not available to direct the exercise of a judgment or appellate jurisdiction. If it involves the acts or omissions of a
discretion in a particular way. quasi-judicial agency, unless otherwise provided by law or
these Rules, the petition shall be filed in and cognizable only
It is not proper against a school or an official with a duty by the Court of Appeals.
that involves the exercise of discretion like on matters of
admission of students. No extension of time to file the petition shall be granted
except for compelling reason and in no case exceeding
It will not also lie to compel an academic institution to fifteen (15) days (Rule 65, Section 4, RoC).
allow the graduation of a student who has failed to comply
with the academic rules of the school. Concurrent Jurisdiction
Q: Does the writ require the exhaustion of administrative The Supreme Court, Court of Appeals and the Regional
remedies? Trial Court have concurrent jurisdiction in actions for
certiorari, prohibition and mandamus, hence the need for
A: Yes. Prior resort to the exhaustion of administrative certification against forum shopping. However,
remedies however is not required where the questions observance of the hierarchy of courts is still required.
raised are purely legal or when the respondent is
estopped from invoking the rule of exhaustion of Adherence to Hierarchy of Courts
administrative remedies.
In the absence of special reasons, the Supreme Court
Mandamus will not lie to compel a prosecutor to file an although it has concurrent original jurisdiction with the Court
information. of Appeals and Regional Trial Court, will not take cognizance
of these petitions. This is especially true where the petition
It will lie to compel execution of a judgment because the involves questions of fact and may entail reception of
execution of a final and executory judgment is a matter of evidence (Regalado, 2010).
right. However, for it to be issued, it is essential that
NOTE: A.M. 07-7-12-SC now provides that the petition may
petitioner should have a clear legal right to the thing
be filed with the Sandiganbayan whether or not the same is
demanded and it must be the imperative duty of the
in aid of its appellate jurisdiction.
respondent to perform the act required.
In election cases involving an act or omission of a Municipal
Mandamus will not lie to compel the performance of an or Regional Trial Court, the petition shall be filed exclusively
illegal act. with the COMELEC, in aid of its appellate jurisdiction.
Q: Are contractual obligations compellable by SECTION 5: RESPONDENDTS AND COSTS IN

mandamus? CERTAIN CASES
A: No, it cannot be availed of as a remedy to enforce Where the petition relates to the acts or omissions of a
the performance of contractual obligations. No rule of judge, court, quasi-judicial agency, tribunal, corporation,
law is better settled than that mandamus does not lie to board, officer or person, the petitioner shall join, as private
enforce the performance of contractual obligations. It is respondent or respondents with such public respondent
not intended to aid a plaintiff in the enforcement of a mere or respondents, the person or persons interested in
contract right, or to take the place of other remedies sustaining the proceedings in the court (Rule 65, Section
provided by law for the adjudication of disputed claims. 5, RoC).

NOTE: In appeal by certiorari under Rule 45, public Instead of summons, the court shall issue an order requiring
respondents are not impleaded since the dispute is the respondent or respondents to comment on the petition
actually between the contending parties in the case. On within ten (10) days from receipt of a copy thereof.
the other hand, Rule 65 involves an original special civil
action specifically directed against the person, court, NOTE: The order shall be issued only if the court finds that
agency or party a quo which had committed not only a the petition is sufficient in form and substance.
mistake of judgment but an error of jurisdiction, hence
they should be made public respondents in that action Such order shall be served on the respondents in such
manner as the court may direct together with a copy of the
brought to nullify their invalid acts (Regalado, 2010).
petition and any annexes thereto (Rule 65, Section 6, RoC).
The private respondent being an indispensable party, his In petitions for certiorari before the Supreme Court and the
non-inclusion would render the petition for certiorari Court of Appeals, the provisions of section 2, Rule 56, shall
defective. The judge in certiorari proceedings is merely a be observed. Before giving due course thereto, the court may
nominal or formal party (Regalado, 2010). require the respondents to file their comment to, and not a
motion to dismiss, the petition. Thereafter, the court may
A person not a party to the proceedings in the trial court require the filing of a reply and such other responsive or other
or in the Court of Appeals cannot maintain an action for pleadings as it may deem necessary and proper (Rule 65,
certiorari in the Supreme Court to have the judgment Section 6, RoC).
reviewed (Regalado, 2010).
SECTION 7: EXPEDITING PROCEEDINGS;
Duty of private respondent INJUNCTIVE RELIEF
The private respondent should appear and defend not Q: If a petition for certiorari is filed with a higher court against
only in his own behalf but also in behalf of the public an alleged grave abuse of discretion committed by a lower
respondent or respondents affected by the proceedings. court in the course of its proceedings, may the court below
The costs awarded in such proceedings in favor of the suspend its proceedings in deference to the higher court?
petitioner shall be against the private respondents only,
and not against the judge, court, quasi-judicial agency, A: No. The petition shall not interrupt the course of the
tribunal, corporation, board, officer or person impleaded principal case unless a temporary restraining order or a writ
as public respondent or respondents (Rule 65, Section of preliminary injunction has been issued against the public
respondent from further proceeding in the case (Riano, pg.
5, RoC).
224, 2019; Rule 65, Section 7, RoC).
Public respondent; appearance not required; The court in which the petition is filed may issue orders
exception expediting the proceedings, and it may also grant a
temporary restraining order or a writ of preliminary injunction
Unless otherwise specifically directed by the court where for the preservation of the rights of the parties pending such
the petition is pending, the public respondents shall not proceedings. The petition shall not interrupt the course of the
appear in or file an answer or comment to the petition or principal case unless a temporary restraining order or a writ
any pleading therein. If the case is elevated to a higher of preliminary injunction has been issued against the public
court by either party, the public respondents shall be respondent from further proceeding in the case (Rule 65,
included therein as nominal parties. However, unless Section 7, RoC).
otherwise specifically directed by the court, they shall not
appear or participate in the proceedings therein (Rule 65, The mere filing of a petition for certiorari with a higher court
Section 5, RoC). before the defendant files and serves his answer does not
stop the running of the period within which to file an answer
While there is nothing in the Rules that prohibits the to the complaint (Riano, pg. 225, 2019).
presiding judge of the court involved from filing his own
answer and defending his questioned order, the Supreme The public respondent has the duty to proceed with the
Court has reminded judges of the lower courts to refrain principal case within 10 days from the filing of the petition for
certiorari with a higher court or tribunal, absent a TRO or a
from doing so unless ordered by it (Regalado, 2010).
WPI, or upon its expiration. Failure of the public respondent
to proceed with the principal case may be a ground for an
SECTION 6: ORDER TO COMMENT administrative charge (Riano, pg. 226, 2019).
Unlike in ordinary civil action, where the issuance and SECTION 8: PROCEEDINGS AFTER COMMENT IS
service of summons follow the filing of the complaint, no FILED
summons is issued in a petition for certiorari (Riano, pg.
227, 2019). After the comment or other pleadings required by the
court are filed, or the time for the filing thereof has expired,
the court has the following options: (a) hear the case, or
(b) require the parties to submit memoranda (Rule 65, injunction for the preservation of the rights of the
Section 8, RoC). parties (Rule 65, Section 7, RoC).
If after such hearing or submission of memoranda or the 2. Incidental reliefs as law and justice may require
expiration of the period for the filing thereof the court finds (Rule 65, Sections 1 and 2, RoC).
that the allegations of the petition are true, it shall render
judgment for the relief prayed for or to which the petitioner 3. Other reliefs prayed to which the petitioner is
is entitled entitled (Rule 65, Section 8, RoC).
The court, however, may dismiss the petition if it finds the Prayers:
same to be patently without merit, prosecuted manifestly
for delay, or that the questions raised therein are too 1. That the judgment be rendered commanding the
unsubstantial to require consideration (Rule 65, Section respondent, immediately or at some other time to be
8, RoC).
specified by the court, to do the act required to be
done to protect the rights of the petitioner; and
The court need not conduct a hearing. Instead, it may
require the filing of memoranda, unless it finds a hearing
2. To pay the damages sustained by the petitioner by
necessary (Riano, pg. 228, 2019).
reason of the wrongful acts of the respondent (Rule
Grounds for dismissal of the petition 65, Section 3, RoC).
1. The petition is found to be patently without merit; RULE 66: QUO WARRANTO
2. The petition is prosecuted manifestly for delay;
3. The questions raised in the petition are too Literally means “by want authority”, is a prerogative
unsubstantial to require consideration (Rule 65, proceeding or writ issued by the court to determine the right
Section 8, RoC). to the use or exercise of an office, position or franchise and
to oust the person holding or exercising such office, position
or franchise if his right is unfounded or if he had forfeited his
SECTION 9: SERVICE AND ENFORCEMENT OF
right to enjoy the privilege. Where the action is filed by a
ORDER OR JUDGMENT private person, he must prove that he is entitled to the
controverted position; otherwise respondent has the right to
A certified copy of the judgment rendered in accordance undisturbed possession of the office (Velasco v. Belmonte,
with the last preceding section shall be served upon the G.R. No. 211140, January 12, 2016).
court, quasi-judicial agency, tribunal, corporation, board,
officer or person concerned in such manner as the court SECTION 1: ACTION BY GOVERNMENT AGAINST
may direct, and disobedience thereto shall be punished INDIVIDUALS
as contempt. An execution may issue for any damages or
costs awarded in accordance with section 1 of Rule 39 Action by government against individuals
(Rule 65, Section 9, RoC).
Against whom may the action be brought: (UFA)
Where the higher court finds that the lower court was in 1. A person who Usurps, intrudes into, or unlawfully
error, ordinarily the case is remanded to the lower court holds or exercises a public office, position or
for further appropriate proceedings. However, it may franchise;
render judgment on the merits without remand of the case 2. A public officer who does or suffers an act which, by
where the facts revealed by the pleadings clearly show provision of law, constitutes a ground for the
that the petitioner is entitled to the relief prayed for.
Forfeiture of his office; or
3. An Association which acts as a corporation within
Thus, in a certiorari case where the lower court rendered
a default judgment for an amount much higher than that the Philippines without being legally incorporated or
authorized by the Rules, the Supreme Court decided the without lawful authority so to act.
case on the merits instead of remanding the same, since
certiorari is also equitable in character, (Regalado, 2010). A person who usurps, intrudes into, or unlawfully holds
or exercises a public office, position or franchise
Reliefs petitioner is entitled to:
In the quo warranto case against the former Chief Justice
1. Court may issue orders expediting the Sereno, the Solicitor General based its action on the
incomplete submission of the CJ’s SALNs required of her,
proceedings, and it may also grant a temporary thus she had no right to be appointed as the Chief Justice.
restraining order or a writ of preliminary
Non-aplication to usurpation in private corporation
Sereno, an impeachable officer, through a Petition for Quo
It does not apply to quo warranto cases against persons Warranto. The Supreme Court ruled in the affirmative
who usurp an office in a private corporation. The Interim arguing the following:
Rules of Procedure Governing Intra-Corporate
Controversies under R.A. No. 8799 would be the 1. The Supreme Court is expressly authorized by the
applicable rule (Callega v. Panday, G.R. No. 168696, Constitution. Under Sec. 5, Article 8, 1987
February 28, 2006). Constitution, the Supreme Court exercises original
jurisdiction over xxx quo warranto cases. The said
A public officer who does or suffers an act which, by provision does not limit the Supreme Court’s quo
provision of law, constitutes a ground for the warranto jurisdiction only to certain public officials or
forfeiture of his office that excludes impeachable officials.
Quo warranto is the remedy to try disputes with respect to 2. The Supreme Court’s quo warranto jurisdiction over
the title to a public office. Where, however, there is no
impeachable officers also finds basis in par. 7, Sec. 4,
dispute as to who has the title to the public office but the
Article 7 of the 1987 Constitution which designated
adverse party, without lawful ground, prevents the rightful
occupant from assuming the office, mandamus is the the Supreme Court as the sole judge of the
remedy to oust the usurper. (Lota v. CA, G.R. No. L- qualifications of the President and Vice-President, both
14803, June 30, 1961) of whom are impeachable officers. With this authority,
the remedy of quo warranto was provided in the rules of
Quo warranto and Election contest; Distinguished the court seating as the Presidential Electoral Tribunal
(PET).
QUO WARRANTO ELECTION CONTEST
BASIS Sereno argued that (1) quo warranto petitions may be
The occupant is It challenges the right of a filed against the President and Vice President under the
disqualified from holding person to hold office on PET rules only because the Constitution specifically
the office by reason of the ground of irregularities permits them under Section 4 Article 7; and that (2) no
ineligibility or disloyalty. in the conduct of the counterpart provision exists in the Constitution giving
elections for said office the same authority to the Court over the Chief Justice,
(Falcotelo v. Gali, G.R. and that the Constitution made a distinction between
No. L-24190, January 8, elected and appointive impeachable officials.
1968).
As regards the first argument, the Supreme Court
EFFECT
stated that Sereno’s argument acknowledges that the
If the proceeding If the proceeding Constitution in fact allows quo warranto actions against
succeeds, the respondent succeeds, the successful impeachable officers, albeit it is limited to the President
will be ousted but the protestant will assume the and Vice President. This admission refutes the very
petitioner will not assume office if he had obtained a position taken by Sereno that all impeachable
the office. plurality of the valid votes. officers cannot be sued through quo warranto
because they belong to a “privileged class” of officers
Quo warranto actions in elective and appointive who can be removed only through impeachment.
offices; Distinguished
As regards the second argument, the authority to hear
ELECTIVE OFFICES APPOINTIVE OFFICES quo warranto under the Constitution is without
The issue is the eligibility The issue is the validity of qualification as to the class of public officers.
of the respondent. the appointment.
The occupant who was The court will oust the 3. The Supreme Court has previously taken cognizance
declared ineligible or person illegally appointed of quo warranto petitions challenging an impeachable
disloyal will be unseated and will order the seating officer’s title to office.
but the petitioner will not of the person who was In the consolidated cases of Estrada v. Macapagal-
be declared the rightful legally appointed and Arroyo and Estrada v. Desierto, the SC assumed
occupant of the office. entitled to the office jurisdiction over a quo warranto petition that challenged
(Nuval v. Guray, 52 Phil. Macapagal-Arroyo’s title to the presidency.
653; Gaerlan v. Catubig,
G.R. No. L-23964, June In the consolidated Estrada cases, the SC ruled that the
1, 1966). case was dismissed not because the SC had no
jurisdiction over the quo warranto petition, but because
Estrada’s challenge to Macapagal-Arroyo’s presidency
In Republic v. Sereno, G.R. No. 237428, June 19, 2018, had no merit. The SC had undeniably exercised its
one of the issues raised is whether or not the Supreme jurisdiction under Sec. 5 (1), Article 8. The consolidated
Court has jurisdiction to out the former Chief Justice
Estrada cases demonstrates that the SC’s quo b. Upon complaint or otherwise he has good reason to
warranto jurisdiction extends to impeachable officers. believe that the cases for quo warranto can be
established by proof.
4. Sec. 2, Article 11 (prescribing the grounds for
impeachment) of the 1987 Constitution does not Upon complaint or otherwise he has good reason to
preclude a quo warranto action to question an believe that the cases for quo warranto can be
impeachable officer’s qualification. established by proof
This was the reason why the Solicitor General filed a quo
Sec. 2, Article 11 provides that impeachable officers
warranto petition against former Chief Justice Sereno.
may be removed from office on impeachment for and
conviction of culpable violation of the Constitution, Using this as basis, the Solicitor General can file a petition
treasons, bribery, graft and corruption, other high for quo warranto on his own, without being directed by the
crimes, or betrayal of public trust. Lack of President of the Philippines.
qualifications for appointment or election is evidently
not among the stated grounds for impeachment, but SECTION 3: WHEN SOLICITOR GENERAL OR
it is among the grounds for a quo warranto. PUBLIC PROSECUTOR MAY COMMENCE ACTION
WITH PERMISSION OF COURT
To take appointments of impeachable officers
beyond the reach of judicial review is to cleanse them Discretionary Quo Warranto Proceeding
of any possible defect pertaining to the
constitutionally prescribed qualifications which Brought by the Solicitor General or a public prosecutor at the
cannot otherwise be raised in an impeachment request or upon the relation of another person, provided
proceeding. there must be:
An association which acts as a corporation within the a. Leave of court; and

Philippines without being legally incorporated or b. Indemnity bond.
without lawful authority so to act
Indemnity bond
In the quo warranto case against ABS-CBN, the Solicitor
General based its action on the alleged violation of its The officer bringing it may first require an indemnity for the
franchise. expenses and costs of the action in an amount approved by
and to be deposited in the court by the person at whose
Refers to an association which exercises corporate request and upon whose relation the same is brought.
functions or powers although it has not been legally
incorporated. In the case of a legally incorporated SECTION 5: WHEN AN INDIVIDUAL MAY
entity, the quo warranto action is now governed by the COMMENCE SUCH AN ACTION
Corporation Code.
A person claims to be entitled to the public office
NOTE: The Solicitor General, in the exercising of sound allegedly usurped by another in which case, he can
discretion, may suspend or tum down the institution of an bring the action in his own name. The person instituting
action for quo warranto where there are just and valid quo warranto proceeding in his own behalf, under Sec. 5,
reasons. Upon receipt of a case certified to him, the does not have to secure the intervention of the Solicitor
Solicitor General may start the prosecution of the case by General or the fiscal, nor does he have to obtain prior
filing the appropriate action in court or he may choose not leave of court. However, petitioner must aver and be
to file the case at all. The Solicitor General is given able to show that he is entitled to office. By analogy
permissible latitude within his legal authority in actions with the provision of Sec. 5, it has been held that a public
for quo warranto, circumscribed only by the national utility may bring a quo warranto action against another
interest and the government policy on the matter at hand public utility which has usurped the rights of the former
(Republic v. Sereno, G.R. No. 237428, May 11, 2018). granted under a franchise (Cui v. Cui, G.R. No. 39773,
April 9,1934).
SECTION 2: WHEN SOLICITOR GENERAL OR
PUBLIC PROSECUTOR MUST COMMENCE ACTION In quo warranto, the petitioner who files the action in his
name must prove that he is entitled to the subject public
Mandatory Quo Warranto Proceeding office. In other words, the private person suing must show
a clear right to the contested position. Otherwise, the
Brought by the Solicitor General or a public prosecutor, person who holds the same has a right to undisturbed
when: possession and the action for quo warranto may be
a. Directed by the President of the Philippines; dismissed (Arquero v. CA, G.R. No. 168053, September
21, 2011).
right of the defendant in the court is to pass upon
Who may Commence? the office. (Topacio v. the right of the defendant
Ong, G.R. No. 179895, only.
The Government through Solicitor General or public December 18, 2008)
prosecutor may commence an action for quo warranto. It
may also be commenced by an individual claiming to be If a plaintiff’s right to file the complaint is not proven, it
entitled to a public office or position usurped or unlawfully becomes unnecessary for the Court to pass upon the right of
held or exercised by another. the defendant who has a perfect right to the undisturbed
possession of his office. However, if the complaint is
GR: Quo warranto is commenced by the Government as brought by the Solicitor General or public prosecutor,
the proper party plaintiff. the Court may pass upon the defendant’s right to office.
The Solicitor General or the public prosecutor may SECTION 4: WHEN HEARING HAD ON APPLICATION
commence a quo warranto action: FOR PERMISSION TO COMMENCE ACTION
1. When directed by the President;
2. When he has good reason to believe that he can Upon application for permission to commence such action in
accordance with the next preceding section (Section 3 –
establish a case under the grounds in Secs. 1 When Solicitor General or public prosecutor may commence
and 2; and action with permission of the court), the Court shall direct that
3. At the request and upon the relation of another notice be given to respondent so that he may be heard in
person (ex. relations) but, in this case, leave of opposition.
court must first be obtained, and may also
If permission is granted:
require an indemnity bond from the relator.
1. Court shall issue an order to that effect, served to
A relator is a person at whose request and upon the parties, and
whose relation the Solicitor General or public 2. Petition shall be filed within the period ordered by
prosecutor brings an action for quo warranto with the the court.
permission of the court under Secs. 3 and 4.
SECTION 6: PARTIES AND CONTENTS OF PETITION
A private relator does not need to allege and show
AGAINST USURPATION
that he is entitled to the office in dispute. However, if
he can show that he is entitled to the public office
Contents of the Petition: (ANA)
allegedly usurped by another, he can bring an action
in his own name. 1. Averment of his right to office/position/franchise;
NOTE: Without such averment or evidence of such
XPN: When a person claims to be entitled to the public right, the action may be dismissed at any stage
office allegedly usurped by another in which case, he can (Feliciano v. Villasin, G.R. No. 174929, June 27,
bring the action in his own name. He need not secure the 2008).
permission of the Solicitor General or the Fiscal. The 2. Name of the person who claims to be entitled
petitioner does not even need to obtain prior leave of thereto, if any;
court. The petitioner is allowed to file it in his name. The 3. Allegation that respondent is unlawfully in
petition however must allege and show that he is entitled
possession thereof.
to the office in dispute (unlike in Secs. 2 & 3). If the
petitioner failed to show that he is entitled to the office,
then the petition must be dismissed. Who may be made respondents?
All persons who claim to be entitled to the public office,

Action filed by an Individual and an Action filed by the position, or franchise (the usurper).
Solicitor General, or Public Prosecutor;
Distinguished SECTION 7: VENUE
ACTION BY A PRIVATE ACTION BY THE Venue
INDIVIDUAL SOLICITOR GENERAL
OR PUBLIC The quo warranto petition can be brought only in the:
PROSECUTOR
It is necessary for the Not necessary that there 1. Supreme Court;
petitioner to prove his be a person claiming to be
2. Court of Appeals; or
right to the office in entitled to the office
dispute. Otherwise, the alleged to have been 3. Regional Trial Court exercising jurisdiction over
court shall not pass on the usurped, thus the duty of the territorial area where respondents reside.
Election Law Provisions of the Rule of
If the Solicitor General commences the action, it may be Court
brought in the: AS TO THE ISSUE
Eligibility or ineligibility of Legality or illegality of the
1. Regional Trial Court in the City of Manila; the person elected or his occupancy of the office by
2. Court of Appeals; or loyalty or disloyalty to the virtue of an appointment
3. Supreme Court. Republic
When direct invocation of the SC’s jurisdiction may be AS TO THE PROCEDURE

had Petition is filed within 10 Petition is filed within one
days after the proclamation (1) year from the time the
The SC have concurrent jurisdiction with the CA and RTC to of the results of the cause of ouster, or the right
issue the extraordinary writs, including quo warranto. A direct election. of the petitioner to hold the
invocation of the SC’s original jurisdiction to issue such writs office or position arose.
is allowed when there are special and important reasons AS TO THE VENUE
therefor, and in this case, direct resort to SC is justified Petition is brought in the Petition is brought in the
considering that the action is directed against the Chief COMELEC, RTC, or MTC, SC, CA, or RTC.
Justice (Republic v. Sereno, G.R. No. 237428, June 19, as the case may be.
2018).
AS TO THE PETITIONER
Quo Warranto in Sandiganbayan Petitioner may be any voter Petitioner is the person
if he is not entitled to the claiming to be entitled to
P.D. 1606, as amended by R.A. 8249, Sec. 4 provides that a office. the office.
quo warranto petition may be brought in the Sandiganbayan
with regard to cases arising from E.O. Nos. 1, 2, 3, 14, and AS TO THE DETERMINATION OF THE COURT
14-A. When the first person The court determines who
elected is ineligible, the is legally appointed and
Quo Warranto under the Omnibus Election Code court cannot declare that declare the person entitled
candidate occupying the to occupy the office.
The Omnibus Election Code provides that a petition for quo second place as elected,
warranto may be brought either in the: even if he were eligible.
1. Commission on Elections;
2. Regional Trial Court; or SECTION 8: PERIOD FOR PLEADINGS AND
3. Municipal Trial Court. PROCEEDINGS MAY BE REDUCED; ACTION GIVEN
PRECEDENCE
Sec. 253 of the Omnibus Election Code provides that:
Quo warrant; exception to the general rule of extension of
1. Any voter contesting the election of any Member of the time
Batasang Pambansa, regional, provincial, or city officer
on the ground of ineligibility or of disloyalty to the GR: The court may extend the time to file pleadings but not to
shorten such.
Republic of the Philippines shall file a sworn petition for
quo warranto with the Commission on Elections within XPN: In quo warranto proceedings, the court may reduce the
ten days after the proclamation of the results of the period provided by these Rules for filing pleadings and for all
election. other proceedings in the action in order to secure the most
expeditious determination of the matters involved therein
2. Any voter contesting the election of any municipal or consistent with the rights of the parties. Such action may be
barangay officer on the ground of ineligibility or of given precedence over any other civil matter pending in the
disloyalty to the Republic of the Philippines shall file a court.
sworn petition for quo warranto with the Regional Trial
SECTION 9: JUDGMENT WHERE USURPATION IS
Court or Metropolitan or Municipal Trial Court,
FOUND
respectively, within ten days after the proclamation of
the results of the election.
When the respondent is found guilty of usurping into,
intruding into, or unlawfully holding or exercising a public
QUO WARRANTO IN QUO WARRANTO IN office, position or franchise, judgment shall include the
THE OMNIBUS AN APPOINTIVE following:
ELECTION CODE OFFICE
(ELECTIVE OFFICE) 1. The respondent shall be ousted and excluded
AS TO THE GOVERNING LAW
from the office;

2. The petitioner or relator, as the case may be, certainly may be waived, and the inaction of the officer could
shall recover his costs; and be validly considered as waiver.
3. Such further judgment determining the respective
The Government must be immediately informed or advised if
rights in and to the public office, position or any person claims to be entitled to an office or a position in
franchise of all the parties to the action as justice the civil service as against another actually holding it, so that
requires. the Government may not be faced with the predicament of
having to pay the salaries, one, for the person actually
SECTION 10: RIGHTS OF PERSONS ADJUDGED holding the office although illegally, and another, for one not
ENTITLED TO PUBLIC OFFICE; DELIVERY OF actually rendering service although entitled to do so
(Republic v. Sereno, G.R. No. 237428, June 19, 2018).
BOOKS AND PAPERS; DAMAGES
GR: The periods within which the quo warranto action be
Rights of Persons Adjudged Entitled to Public Office brought are a condition precedent to the existence of a cause
of action.
a. After taking his oath of office and executing the
required bond, he may take upon himself the XPN:
execution of the office; and 1. Where the failure of the petitioner to seek redress
b. Demand of the respondent all the books and from the courts was due to the continued promise of
papers in the respondent's custody or control government officials concerned which led him to
appertaining to the office to which the judgment bide his time and wait for the Office of the President
relates to comply with its commitment, the one-year period
c. Bring an action for Damages against respondent was not applied. (Cristobal v. Melchor, G.R. No. L-
43203, July 29, 1977).
sustained by him by reason of the usurpation
2. Quo warranto proceedings seeking the ouster of a
Respondent Refuses or Neglects to Deliver; Damages public official are a government function, thus, no
statute of limitation is applicable (Republic v.
If the respondent refuses or neglects to deliver any book Sereno, G.R. No. 237428, June 19, 2018).
or paper pursuant to such demand, he may be punished
for contempt as having disobeyed a lawful order of the Prescription does not lie against the State
court.
In the case of Republic v. Sereno, G.R. No. 237428, June
The person adjudged entitled to the office may also bring 18, 2018, the Supreme court held that the inaction of a
action against the respondent to recover the damages person claiming right over a public office to assert the same
sustained by such person by reason of the usurpation. within the prescriptive period provided by the rules, may be
considered a waiver of such right. This is where the
Period to Claim Damages difference between a quo warranto filed by a private
individual as opposes to one filed by the State through the
Solicitor General lies.
If the petitioner is adjudged to be entitled to the office, he
may sue for damages against the alleged usurper within There is no claim of right over a public office where it is the
one (1) year from the entry of judgment establishing his State, though the Solicitor General, which files a petition for
right to the office in question. quo warranto to question the eligibility of the person holding
the public office. While a private individual may be deemed
SECTION 11: LIMITATIONS to have waived his right over title to public office and/or to
have acquiesced or consented to the loss of such right, the
Period for Filing same cannot be said when the State, by mere lapse of time,
failed to contest such. The State cannot be faulted and
An action for quo warranto by reason of ouster from a cannot be said to have waived its right, by mere lapse of time,
public office shall be filed within one (1) year after the to uphold and ensure compliance with the requirements for
cause of such ouster, or the right of the petitioner to hold such office, fixed by no less than the Constitution.
such office or position, arose.
It would be absurd to require the filing of a petition for quo
Rationale warranto within the one-year period when it is the State
itself which files the same not for the purpose of
Persons claiming a right to an office of which they are determining who among two private individuals are
illegally dispossessed should immediately take steps to entitled to the office. The purpose of the instant petition is
recover said office and that if they do not do so within a not to inform the government that it is facing a
period of one year, they shall be considered as having lost predicament of having to pay two salaries; rather, the
their right by abandonment. This constitutional right government, having learned of the predicament that it
might be paying an unqualified person, is acting upon it
head-on. SECTION 12: JUDGMENT FOR COSTS
When the government is the real party-in-interest, there Judgment for costs
can be no defense on the ground of laches or limitation.
Prescription does not lie against the State, especially In each action brought in accordance with the provisions of
when the action concerns public interest. Rule 66, the court may:
The Court clarified that it is not abolishing the limitation a. Render judgment for costs against either the
set by the rules in instituting a petition for quo warranto. petitioner, the relator, or the respondent, or the
The one-year prescriptive period under Sec. 11, Rule 66 person or persons claiming to be a corporation; or
still stands. However when such petition is filed by the b. Apportion the costs, as justice requires.
State at its own instance, through the Solicitor General,
prescription shall not apply. When the petition is filed by a RULE 67: EXPROPRIATION
private individual in his own name, prescription shall
apply.
Power of Eminent Domain
No interruption of period
It is the power of the State to acquire private property for
public use upon payment of just compensation. It is not
The one year period is not interrupted by the prosecution
limited to real properties as personal property can also be
of any administrative remedy as, in quo warranto subjected to expropriation.
proceeding, no one is compelled to resort to
administrative remedies since public interest requires that Expropriation
the right to public office should be determined as speedily
as possible (Palma-Fernandez v. De La Paz, GR No. It is the highest and most exact idea of property remaining in
78946, April 15, 1988). the government that may be acquired for some public
purpose through a method in the nature of a compulsory sale
NOTE: In quo warranto over a public office, the filing of to the State.
the petition suspends the running of the one-year period.
Requisites of Expropriation
Quo Warrant against corporations
1. The property taken must be private property.
The petition may be brought only against a de facto 2. There must be genuine necessity to take the private
corporation, not a de jure corporation. The latter has no property.
defect in its incorporation and exercises corporate powers 3. The taking must be for public use.
because it was organized in full compliance with the laws, 4. There must be payment of just compensation.
while the former is organized with a colorable compliance 5. There must be due process of law.
with the requirements of a valid law.
Where should expropriation be filed?
Actions for quo warrant against corporations with regard
to franchise and rights granted to them, as well as their The RTC has the jurisdiction over expropriation cases. The MTC
dissolution, now fall under the jurisdiction of the RTC does not have jurisdiction because an expropriation proceeding
(Section 5.2 Securities Regulation Code). is incapable of pecuniary estimation.
Limitation applies when the petition is filed by a It is the filing of the expropriation complaint which binds the
private petitioner property and not the notice to expropriate.
NOTE: The commencement of the complaint for expropriation is

The petition herein was filed only on March 13, 1975 (this necessary only when the owner of the property does not agree
was filed by a private petitioner, not filed by the to sell the property, or otherwise does not agree to the price
government), clearly more than one year after the offered.
pretended right of petitioner to hold the office in question
arose. This single circumstance has closed the door for Q: Can the owner of the property subject to expropriation case
any judicial remedy in his favor. And it is of no avail to sell such property?
petitioner that during the intervening period of more than
one year, he was seeking relief from the corresponding A: Yes. This is because the owner still owns the property. The
owner may still dispose such. However, such property will be
administrative authorities. The resort to such
subject to the results of the expropriation proceeding because
administrative remedy does not abate the period for the when the plaintiff files an expropriation case, a notice of lis
judicial action (Sison v. Pangramuyen, GR No. L-40295, pendens will be attached to the title of the property.
July 31, 1978).
Q: Where should the case be filed if the property sought
to be expropriated is located in multiple provinces? SECTION 2: ENTRY OF PLAINTIFF UPON
DEPOSITING VALUE WITH AUTHORIZED
A: It may be filed before any of the provinces in GOVERNMENT DEPOSITARY
accordance with the rules on venue. However, the
defendant in each province may require a separate action Deposit for a real property
to be commenced against them in their respective
provinces to avoid inconvenience. For a real property, there must be a preliminary deposit
equivalent to the assessed value of the property for the
Government cannot confer the power of eminent of purposes of taxation given to an authorized government
domain when it has no authority depositary bank subject to the orders of the court:
The word "expropriating," taken singly or with the text, is a. Upon the filing of the complaint or at any time
susceptible of only one meaning. But this power to thereafter; and
expropriate is necessarily subject to the limitations and b. After due notice to the defendant
conditions noted in the decisions above cited. The
National Government may not confer upon its Deposit for a personal property
instrumentalities authority which it itself may not exercise.
A stream cannot run higher than its source (City of For a personal property, the value shall be provisionally
Manila v. Arellano Law Colleges, G.R. No. L-2929, ascertained and the amount to be deposited shall be
February 28, 1950). promptly fixed by the court.
SECTION 1: THE COMPLAINT After such deposit is made the court shall order the sheriff or
other proper officer to forthwith place the plaintiff in
Contents of the complaint possession of the property involved and promptly submit a
report thereof to the court with service of copies to the parties
The verified complaint shall:
NOTE: Such deposit shall be in money, unless in lieu thereof
1. State with certainty the right and purpose of the the court authorizes the deposit of a certificate of deposit of
expropriation a government bank of the Republic of the Philippines
2. Describe the real or personal property sought to payable on demand to the authorized government
be expropriated depositary.
3. Join as defendants all persons who owns, claims
Order required before taking of possession
to own, or occupies, any part or interest thereof
showing, as far as practicable, the separate After the aforementioned deposit, the plaintiff has the right to
interest of each defendant. take possession of the property subject of the expropriation
proceedings. The court now will have to issue a writ of
NOTE: If the title to any property sought to be possession.
expropriated appears to be in the name of the Republic of
the Philippines, or if the title is obscure or doubtful that the NOTE: It is the ministerial duty of the court to issue the writ
plaintiff cannot with accuracy or certainty certify who are of possession.
the real owners, there must be an averment stating such
circumstance in the complaint. After such deposit, the plaintiff is not allowed to directly
occupy and take possession of the property. The court shall
first order the sheriff or other proper officer.
Q: What if the owner is unknown?
Q: What is the remedy if the court did not issue a writ of
A: The summons will be served through publication in possession even if there was already a proper preliminary
accordance with Rule 14, Section 16 of the RoC. deposit made?
Particular purpose for public use; not required when A: The plaintiff may file a motion for reconsideration. If the
expropriation is conferred by law motion for reconsideration is denied, then the plaintiff may
file a petition for mandamus.
There is no need to state the particularity of the use of the
expropriated property if a law is passed allowing the Preliminary Deposit
government to expropriate such premises for public use.
This is due to the fact that the judges and justices are It is an advance payment of money in the event the
supposed to take cognizance of the law enacted for such expropriation proceeds. It will form part of the just
purpose. compensation in case of a judgment in favor of the plaintiff.
because the appeal will not stay the proceedings for
However, if the case results to an unfavorable judgment, purposes of determining just compensation.
it will stand as an indemnity for damages.
The proceedings before the trial court will continue even if
The preliminary deposit is only required if the plaintiff the order of expropriation is elevated to the Court of Appeals.
wants to take possession of the property subject of the Hence, the records will still be in the possession of the RTC.
expropriation proceedings while such is pending in the The approval of the record on appeal will elevate the records
trial court. Hence, if the plaintiff does not want to possess to the CA.
such, he should not be compelled to make such deposit.
SECTION 3: DEFENSES AND OBJECTIONS
Determination of administrative agency of
Effect of failing to file an answer or to appear
classification of lands
No default order shall be issued when the defendant failed
By reason of the special knowledge and expertise of to appear. Failure to file an answer does not produce all the
administrative agencies over matters falling under their disastrous consequences of default in ordinary civil actions.
jurisdiction, they are in a better position to pass judgment
thereon; thus their findings of fact in that regard are At the trial of the issue of just compensation whether or not
generally accorded great respect, if not finality, by the a defendant has previously appeared or answered, he may
courts. If after going to the local government unit or present evidence as to the amount of the compensation to
government agencies that made the classification of the be paid for his property, and he may share in the distribution
lands and the implementing agency fails to obtain the of the award (Rule 67, Section 3, RoC).
redress they seek (proper classification), despite
evidence clearly showing erroneous classification, it is The order fixing the just compensation on the basis of the
only then that it can go to the court to ask for intervention. evidence before, and findings of, the commissioners would
(Republic v. Far East Enterprises, et al., GR No. be a final judgment. It would finally dispose of the second
176487, August 25, 2009). stage of the suit and leave nothing more to be done
regarding the issue.
Stages of Expropriation
Defenses and objections
1. The determination of the authority of the plaintiff
If a defendant has any objection or defense to the taking of
to expropriate. The court determines the his property, he shall file his answer. The answer shall
existence of public use and necessity in this specifically designate or identify the following:
stage.
2. The determination of just compensation to be 1. The property in which he claims to have an interest,
paid to the defendant through the court-appointed 2. The nature and extent of the interest claimed, and
commissioners. 3. All his objections and defenses to the taking of his
property.
NOTE: With or without objection, the court will decide if
there is indeed a right and need to expropriate. The following are not allowed in an answer or any
subsequent pleading
Order of expropriation
1. Counterclaim,
2. Cross-claim; or
The first stage will end in the issuance of an Order of
Expropriation or dismissal which is a final judgment. 3. Third-party complaint
Therefore, it can be subject to appeal.
Notice of appearance
A final order sustaining the right to expropriate the
property may be appealed by any party aggrieved If there are no objections, he must file and serve a notice of
appearance and manifestation to that effect. And thereafter,
thereby. Such appeal, however, shall not prevent the
shall be entitled to notice of all proceedings.
court from determining the just compensation to be paid.
Waiver of defenses and objections
Record on appeal
GR: When the defendant does not raise his defense or
objection, such are deemed waived
When the order of expropriation is appealed to the Court
of Appeals, the defendant must file a notice of appeal and
XPN: The court, in the interest of justice, may permit
record on appeal. The record on appeal is required
amendments to the answer to be made not later than 10
days from the filing thereof.
Absence in the trial for an order of expropriation does An appeal may be taken from the order authorizing the
not bar a defendant from the second stage expropriation and thereafter, another appeal on the judgment
on the just compensation. Thus, the reglementary period to
During the trial of the issue of just compensation whether appeal shall be 30 days and a record on appeal shall be
or not a defendant has previously appeared or answered, required for each of the permissible appeals.
he may present evidence as to the amount of the
compensation to be paid for his property, and he may Determination of
Verified ✓Appeal just compensation ✓Appeal
share in the distribution of the award. complaint
Expropriator; still required to pay despite

discontinuance of proceedings
Determination Order of Order of just
The expropriator who has taken possession of the of public use expropriation compensation
property subject of expropriation is obliged to pay
reasonable compensation to the landowner for the period
of such possession although the proceedings had been NOTE: Appeal must be made 30 days from the receipt of the
discontinued on the ground that the public purpose for the order as the proceedings in expropriation involve multiple
expropriation had meanwhile ceased (Republic vs. Heirs appeals.
of Borbon, GR No. 165354, January 12, 2015).
When order of expropriation issued; issue on public use
cannot be raised
SECTION 4: ORDER OF EXPROPRIATION
If an order of expropriation has been issued, any question on
The court may issue an order of expropriation: the determination of public use of the expropriated property
can no longer be raised in the hearing for just compensation
1. If the objections to and the defenses against the
right of the plaintiff to expropriate the property are However, defendants can adduce evidence and defenses in
overruled; or the hearing for just compensation despite their absence or
2. When no party appears to defend. failure to file an answer in the hearing for public use.
SECTION 5: ASCERTAINMENT OF COMPENSATION

The plaintiff has a lawful right to take the property sought
to be expropriated, for the public use or purpose Appointment of commissioners
described in the complaint, upon the payment of just
compensation to be determined as of the date of the There must be not more than 3 competent and disinterested
taking of the property or the filing of the complaint, persons to be appointed by the court upon the rendition of
whichever came first. the order of expropriation. The commissioners shall
ascertain and report to the court the just compensation.
Order of expropriation; final
What is Just Compensation?
Such order of expropriation is final. Therefore, it can be
subject of appeal but it will not stop the proceedings for Just compensation is the full and fair equivalent of the
the determination of just compensation (Republic v. Phil- property taken from its owner by the expropriator. Just
Ville Dev’t and Housing Corp, GR No. 172243, June compensation means not only the correct determination of
26, 2007). the amount to be paid but also the payment of the land within
a reasonable time from its taking (Landbank v. Obias, GR
The order forecloses any further objections to the right to No. 184406, March 14, 2012).
expropriate and to the public purpose of the expropriation,
leaving the matter of just compensation as the only Just compensation; how to determine
remaining substantial issue.
To determine just compensation, the trial court should first
ascertain the market value of the property, to which should
Plaintiff, not allowed to discontinue proceeding be added the consequential damages after deducting
therefrom the consequential benefits which may arise from
GR: The plaintiff shall not be permitted to dismiss or the expropriation.
discontinue the proceeding
The rule in arriving at such compensation is the value of the
XPN: on such terms as the court deems just and property at the time of the filing of the complaint or the time
equitable. of taking of the property, whichever comes first, plus
consequential damages minus consequential benefits.
Multiple appeals
If the consequential benefits exceed the consequential Corporation v. Land Bank of the Philippines, GR No.
damages, these items should be disregarded altogether 164195, October 12, 2010).
as the basic value of the property should be paid in every
case. SECTION 6: PROCEEDINGS BY COMMISSIONERS
(Fair Market Value + Consequential damages) Taking of oath

- Consequential benefits
Before entering upon the performance of their duties, the
commissioners shall take and subscribe an oath that they will
NOTE: If consequential benefits is greater than the faithfully perform their duties as commissioners, which oath
consequential damages then the fair market value will be shall be filed in court with the other proceedings in the case.
the just compensation.
Introduction of evidence
In no case should the consequential benefits exceed the
consequential damages because the owner would be Evidence may be introduced by either party before the
deprived of the actual value of the property. commissioners who are authorized to administer oaths on
hearings before them.
Market value
Duties of Commissioners
It is the sum of money which a person desirous but not
compelled to buy, and an owner willing but not compelled The commissioners, unless the parties consent to the
to sell, would agree on as a price to be given and contrary, after due notice to the parties, shall:
received, therefore.
3. Attend, view and examine the property sought to be
The following are the factors to be considered in arriving expropriated and its surroundings, and
at the fair market value of the property: 4. Measure the same, after which either party may, by
himself or counsel, argue the case.
1. The cost of acquisition; 5. Assess the consequential damages to the property
2. The current value of like properties; not taken; and
3. Its actual or potential uses; and 6. Deduct from such consequential damages the
4. In the particular case of lands, their size, shape, consequential benefits to be derived by the owner
location, and the tax declarations thereon from the public use or purpose of the property taken,
the operation of its franchise by the corporation or
When just compensation is ascertained the carrying on of the business of the corporation or
person taking the property.
1. Determined upon taking of the property: Just
compensation is to be ascertained as of the time NOTE: In no case shall the consequential benefits assessed
of the taking, which usually coincides with the exceed the consequential damages assessed, or the owner
be deprived of the actual value of his property so taken.
commencement of the expropriation
proceedings. SECTION 7: REPORT BY COMMISSIONERS AND
JUDGMENT THEREUPON
2. Determined upon filing of complaint: When the
taking of the property sought to be expropriated Order of the court upon the commissioners
coincides with the commencement of the
expropriation proceedings or takes place The court may:
subsequent to the filing of the complaint for
1. Order the commissioners to report when any
eminent domain (City of Iloilo v. Contreras-
particular portion of the real estate shall have
Besana, GR No. 168967, February 12, 2010).
been passed upon by them,
2. Render judgment upon such partial report,
Just compensation requires prompt payment
3. Direct the commissioners to proceed with their
Apart from the requirement that compensation for work as to subsequent portions of the property
expropriated land must be fair and reasonable, sought to be expropriated and may from time to
compensation, to be "just," must also be made without time so deal with such property.
delay. Without prompt payment, compensation cannot be
considered "just" if the property is immediately taken as The commissioners shall make a full and accurate report
the property owner suffers the immediate deprivation of to the court of all their proceedings.
both his land and its fruits or income (Apo Fruits
proceeding (Heirs of Pacres v. Heirs of Ygoña. GR No.
NOTE: The proceedings shall not be effectual until the 174719, May 5, 2010).
court shall have accepted their report and rendered
judgment in accordance with their recommendations. If the ownership of the property taken is uncertain or there
are conflicting claims to any part thereof, the court may order
Period of filing commissioners’ report any sum/s awarded as compensation for the property to be
paid to the court for the benefit of the person adjudged in the
Such report shall be filed within 60 days from the date the same proceeding to be entitled thereto.
commissioners were notified of their appointment, which
The court may determine the issue of ownership but only for
time may be extended in the discretion of the court.
the purpose of determining who is entitled to just
compensation (Republic v. Tatad, GR No. 187887, April
Upon the filing of such report, the clerk of the court shall 17, 2013).
serve copies thereof on all interested parties, with notice
that they are allowed 10 days within which to file SECTION 10: RIGHTS OF PLAINTIFF AFTER
objections to the findings of the report, if they so desire. JUDGMENT AND PAYMENT
Q: Who shall pay the fees of the three commissioners? The right of the plaintiff to enter the property under
expropriation shall accrue:
A: The fees of the commissioners shall be taxed as a part
of the costs of the proceedings. 1. Upon filing of complaint, serving notice to the
defendant and after depositing the assessed value
SECTION 8: ACTION UPON COMMISSIONERS’ of property for taxation purposes with an authorized
REPORT government depositary
2. Upon payment by the plaintiff to the defendant of the
Actions available to the court:
compensation fixed by the judgment, with legal
After expiration of the 10 days to object or even before the interest thereon from the taking of possession of the
expiration of such period when all interested parties have property; or
filed their objections, the court may: 3. After tender to the defendants of the amount so fixed
and payment of the costs.
1. After hearing, accept the report and render
judgment in accordance therewith; When title to property vests?
2. Recommit the same to commissioners for further
report of facts; 1. If it is a personal property, upon payment of just
3. Set aside the report and appoint new compensation
commissioners 2. If it is a real property, upon payment of just
4. Accept the report in part and reject it in part compensation and registration of property in the
proper registry of deeds where the property is
It may also make such order or judgment to secure to the situated (Rule 67, Sec. 13, RoC).
plaintiff the property essential to the exercise of his right of
expropriation and to the defendant just compensation for the Q: What is the effect if the defendant refuses to accept the
property so taken. payment of just compensation?
Nature of order fixing compensation A: If the defendant and his counsel absent themselves from
the court, or decline to receive the amount tendered, the
The order fixing the just compensation on the basis of same shall be ordered to be deposited in court and such
evidence before, and findings of the commissioners would deposit shall have the same effect as actual payment
be final. Thus, a dissatisfied party may seek the reversal of thereof to the defendant or the person ultimately adjudged
the order by taking an appeal therefrom (Municipality of entitled thereto.
Biñan v. Garcia, GR No. 69260, December 22, 1989).
Q: What if the plaintiff refuses to pay the just compensation?
SECTION 9: UNCERTAIN OWNERSHIP,
CONFLICTING CLAIMS GR: Non-payment of just compensation does not entitle the
private landowner to recover possession of the expropriated
Claim of ownership; solved in the same case of lots.
expropriation
XPN: However, in cases where the government failed to
The trial court may decide conflicting claims of ownership in pay just compensation within 5 years from the finality of
the same case. There is no need for an independent action judgment in the expropriation proceedings, the owners
since the person entitled thereto will be adjudged in the same concerned shall have the right to recover possession of
their property (Yujuico vs. Atienza, GR No. 164282, Effect of registration
October 12, 2005).
The title to the real estate so described for such public use
SECTION 11: ENTRY NOT DELAYED BY APPEAL; or purpose shall be vested in the plaintiff
EFFECT OF REVERSAL
Discretionary execution; does not apply in expropriation
Appeal from the order of expropriation
The funds cannot be garnished and its properties, being
government properties, cannot be levied via a writ of
A final order sustaining the right to expropriate the
execution pursuant to a final judgment, then the trial court
property may be appealed by any party aggrieved
likewise cannot grant discretionary execution pending
thereby. appeal, as it would run afoul of the established jurisprudence
that government properties are exempt from execution (NPC
Appeal will not delay plaintiff’s entry to the property v. Heirs of Rabie, GR No. 210218, August 17, 2016).
The right of the plaintiff to enter upon the property of the SECTION 14: POWER OF GUARDIAN IN SUCH
defendant and appropriate the same for public use or PROCEEDINGS
purpose shall not be delayed by an appeal from the
judgment. The guardian or guardian ad litem of a minor or of a person
judicially declared to be incompetent may, with the approval
Effect of reversal of the order of condemnation of the court first had, do and perform on behalf of his ward
any act, matter, or thing respecting the expropriation for
If on appeal, the appellate court determines that the public use or purpose of property belonging to such minor or
plaintiff has no right of expropriation, the judgment shall person judicially declared to be incompetent, which such
be rendered ordering the RTC to enforce the restoration minor or person judicially declared to be incompetent could
to the defendant of the possession of the property, and to do in such proceedings if he were of age or competent.
determine the damages which the defendant sustained
and may recover by reason of the possession taken by RULE 68: FORECLOSURE OF REAL ESTATE
the plaintiff. MORTGAGE
SECTION 1: COMPLAINT IN ACTION FOR
SECTION 12: COSTS BY WHOM PAID
FORECLOSURE
Costs shall be paid by the plaintiff Contents of the complaint
GR: All costs shall be paid by the plaintiff In an action for the foreclosure of a mortgage or other
encumbrance upon real estate, the complaint shall set forth
XPNs: the following:
1. Those of rival claimants litigating their claims; or 1. The date and due execution of the mortgage;
2. An appeal taken by the owner of the property and 2. Its assignments, if any;
if the judgment is affirmed, in which event the 3. The names and residences of the mortgagor and the
costs of the appeal shall be paid by the owner. mortgagee;
4. A description of the mortgaged property;
NOTE: Fees of commissioners shall be taxed as part of 5. A statement of the date of the note or other
the costs of proceedings. documentary evidence of the obligation secured by
the mortgage;
SECTION 13: RECORDING JUDGMENT AND ITS 6. The amount claimed to be unpaid thereon; and t
EFFECT 7. He names and residences of all persons having or
claiming an interest in the property subordinate in
The judgment shall state:
right to that of the holder of the mortgage, all of
1. An adequate description of the particular property whom shall be made defendants in the action.
or interest therein expropriated and
There should be a finding that no payment was actually
2. Nature of the public use or purpose for which it is made
expropriated.
Example: Bill issued a promissory note in favor of
NOTE: When real estate is expropriated, a certified copy George. George filed a case against Bill for being in
of such judgment shall be recorded in the registry of default. If George elects to sue for collection only, he
deeds of the place in which the property is situated. cannot institute a judicial foreclosure of mortgage
because if he does, he will be guilty of litis pendentia for Q: What if RJ failed to implead Divine?
having the same subject matter (promissory note) in both
cases. A: Divine is not an indispensable party. If RJ is successful in
his complaint of foreclosing the property and if RJ
The cause of action in a foreclosure suit is generally the subsequently bought such property, Divine becomes a
non-payment of mortgage loan. Before the court can redemptioner under Rule 39. She can redeem the property
order the foreclosure, there should be a finding that no within a period of 1 year.
payment was actually made. This also applies in a
However, if RJ filed a case and he was able to implead
collection suit and is the reason why a party elects to sue.
Divine and subsequently won in such case, Divine has an
equity of redemption and not a right of redemption under
Example: MJ filed a complaint for judicial foreclosure of Rule 39.
mortgage. Since MJ chose to foreclose the mortgage, she
cannot further institute a separate action for election suit. If the junior encumbrancer is not impleaded, there remains
an unforeclosed right of redemption which he can enforce
NOTE: Foreclosure may be done judicially or against the first mortgagee or the purchaser at the
extrajudicially. Extrajudicial foreclosure is proper only foreclosure sale as he will be considered a redemptioner
when it is provided in the contract and such foreclosure pursuant to Rule 39 of Section 27 which has a suppletory
will be governed by Act 3135. effect to Rule 68.
Judicial foreclosure Q: If the junior encumbrancer was impleaded, what will

happen?
The following must be joined in a foreclosure suit:
A: If the junior encumbrancer impleaded as a defendant, and
1. The person obligated to pay the mortgage debt the foreclosure suit prospers, he is entitled to be paid off from
2. The person who owns, occupies, or controls the the residue after the first mortgagee has been satisfied.
mortgage premises or any part thereof. Therefore, a first mortgagee is not a necessary party in the
3. The transferee or grantee of the property foreclosure sale of a second mortgage because he may be
4. The second mortgagee or junior encumbrancer, joined or intervene when the mortgage debt is already due.
or any person claiming a right or interest in the
SUMMARY: When the junior encumbrancer is impleaded, he
property subordinate to the mortgage sought to
is given an equity of redemption. Whereas, when he is not
be foreclosed impleaded, he still has the unforeclosed right of redemption.
NOTE: If the action is brought by the junior Jurisdiction of foreclosure cases

encumbrancer, the first mortgagee or the senior one need
not be joined. A property is taken subject to the first lien. Being a real action, the jurisdiction depends on the
What is now required by law is to implead the junior assessed value of the property as provided under B.P.
mortgagee. 129.
Q: What happens if there is a failure to implead the junior MTC/MeTC (as

encumbrancers? the case may RTC
be)
A: There will remain an unforeclosed right of Outside Metro Does not Exceeds
redemption which can be enforced against the first Manila exceed P20,000 P20,000
mortgagee or the purchaser at the foreclosure sale as he Within Metro Does not Exceeds
is a redemptioner defined under Rule 39, Section 27 Manila exceed P50,000 P50,000
which has a suppletory effect to Rule 68.
The RTC dismissed the foreclosure cases finding that
Q: Baz borrowed money from Blanca and he executed a real being a real action, and having an assessed value of
estate mortgage in favor of her. He only borrowed ₱500,000 ₱30,380, it should have been filed with the MTC. As a
while his property’s worth is ₱10 million. With the permission foreclosure sale is a reall action, it is the assessed value
of Blanca, Baz then borrowed ₱2 million from RJ.
of property which determines the court’s jurisdiction.
Subsequently, Baz borrowed money from Divine. However,
Considering that the assessed value of the mortgaged
Baz failed to pay RJ. RJ instituted a judicial foreclosure
mortgage complaint against Baz. Who will he implead? property, the RTC correctly found that the action falls
within the jurisdiction of the first level court (Roldan v.
A: RJ must implead Divine. There is no need to implead Sps. Barrios, GR No. 214803, April 23, 2018).
Blanca because she is a senior mortgagee whereas Divine
is considered a junior mortgagee.

SECTION 2: JUDGMENT ON FORECLOSURE FOR NOTE: Judgment debt may include the amount to be paid under
PAYMENT OR SALE a promissory note and the judgment for the sum so found due.
Q: What happens if the judgment debt was not paid?

Judgment on foreclosure
A: The judgment obligee can file a motion to foreclose the
It is the judgment of the court ordering the debtor to pay property. If granted by the court, the property will be foreclosed.
within 90 to 120 days from the entry of jusgement after
ascertaining the amount due to the plaintiff Procedure; diagram
NOTE: The period given is not merely a procedural ✓Appeal ✓Appeal ✓Appeal
requirement, it is a substantive right given to the mortgage
debtor as the last opportunity to pay the debt and save his
mortgaged property from the final disposition at the
foreclosure sale.
Section 2: Section 3: Section 4:
Procedure Order to pay Order to Confirmation
the judge- foreclose of sale by the
ment debt court
In view of the procedural stages and the adjudicative
actions required to be taken by trial, this special civil
action of judicial foreclosure of mortgage has several Complaint Creditor’s Auction
stages. Each stage culminating in a final order. motion to sale
foreclose on
the property
1. Judgment of Foreclosure (Section 2)
2. Order confirming the foreclosure sale with Default of Creditor’s
debtor to pay motion to
respect to the validity of the sale. (Section 3) confirm the
3. Deficiency judgment as to the correctness of the sale
award. (Section 6)
Equity of Redemption
- Final orders
These 3 stages culminate to a final judgment. Each
judgment or final order can be subject to an appeal and ✓- Appealable
the period of appeal is 30 days. A record on appeal shall
be submitted. All judgments are final; appealable
All of these 3 judgments (Sections 2, 3, and 6) can be subject

✓Appeal ✓Appeal ✓Appeal
to appeal. The period to appeal is 30 days and it is required
to file a record on appeal approved by the Court. The record
on appeal is important since the records will not be elevated
as the foreclosure proceedings will continue despite the
appeal.
Order to pay Order to Confirmation When the judgment becomes final and executory
the judgment foreclose of sale by the
debt court
The three orders will become final and executory after the
lapse of 30 days because each order can be appealed within
Judgment of foreclosure a 30-day period.
The judgment of foreclosure orders the other party to pay After the 30- day period, the purchaser can now go back to
an amount due to the plaintiff upon mortgage, debt, or the court and ask the court to issue a writ of possession. If
obligation. there is no person occupying the property adverse to the
judgment debtor-mortgagor, the writ of possession will be
The court will order the judgment debt be paid to the issued as a matter of right.
judgment obligee within a period of not less than 90 days
and not more than 120 days from entry of judgment. Kinds of Foreclosure
1. Extrajudicial Foreclosure under Act No. 3135

In case of default in the payment of that judgment debt, a
motion to foreclose the property may be filed and an order 2. Execution of judgments for money under Section 9
will be issued by the court. The property now will be sold of Rule 39, RoC
to a public auction to satisfy the judgment debt. 3. Judicial Foreclosure of mortgage under Rule 68
Difference among the three types of foreclosures

judgment, the sheriff will now ask Waffle to pay. If he does
JUDICIAL EXTRA- FORE- not have money, the sheriff will execute on the personal
FORE- JUDICIAL CLOSURE properties first, and if it still insufficient to satisfy the
CLOSURE FORE- UNDER judgment, he will start levying on the real properties of Waffle
CLOSURE RULE 39 and once there is a levy, he will now schedule the auction
GOVER- Rule 68 Act No. Rule 39 sale.
NING 3135
In the auction sale under Rule 39 proceeds as follows:
RULE/
LAW 1. The sheriff will issue a certificate of sale.
COURT Requires No court Foreclosure
2. The certificate of sale will be annotated at the back
INTER- court interven- by virtue of
of the title.
VENT- intervention execution of
ION tion required a judgment 3. Counting from the date of the annotation, the
REDEMP- There is There is There is mortgagor, the judgment debtor, or his successor in
TION only an right of right of interest or a redemptioner has a period of 1 year to
equity of redemp- redemption redeem the property.
redemption 4. If there are several redemptioners and the first
tion redemptioner redeems, the second redemptioner
RECO- Recovery Recovery only has a period of 60 days within which to redeem
VERING of defi- of defi- the property. In all cases, the judgment debtor will
DEFI- ciency may ciency is have a period of 1 year to redeem his property.
CIENCY be done by through an
motion indepen- Requirement on notices must be complied with
dent action
The requirement on notices must be complied with.
Extrajudicial Foreclosure Depending on the value of the property, publication may
be necessary.
In extrajudicial foreclosure, the mortgagor has the right to
redeem the property within 1 year from the registration of The foreclosure proceedings will be null and void if there
the deed of sale in the registry of deeds. is failure to comply with the notice requirement under
Section 5 of RA 720, as amended by RA 5939. This
Extrajudicial foreclosure is an administrative proceeding. provides that notices of foreclosure should be posted in at
The party foreclosing shall initially go to the sheriff’s office. least three of the most conspicuous public places in the
Once foreclosed, the sheriff will issue a certificate of sale municipality.
and that certificate of sale will be recorded in the title. The
owner of the property has a period of 1 year to redeem What is the notice requirement under the Rules?
the property.
1. In case of perishable property, by posting written
Extrajudicial foreclosure; not court actions notice of the time and place of the sale in 3 public
places, preferably in conspicuous areas of the
Extrajudicial foreclosure is not an action in court. municipal or city hall, post office and public market
Extrajudicial foreclosure under CA 3135 are not suits filed in
in the municipality or city where the sale is to take
accordance with Section 3A of Rule 1 of the Rules of Court.
They are commenced not by a complaint, but actually an place, for such time as may be reasonable,
application. It is an application filed before the executive considering the character and condition of the
judge who receives the application neither in a capacity in property;
either a judicial capacity or on behalf of the court (Ingles vs. 2. In case of other personal property, by posting a
Estrada, GR No. 141809, April 8, 2013). similar notice in the 3 public places abovementioned
for not less than 5 days;
NOTE: If you file an application for the extrajudicial
3. In case of real property, by posting for 20 days in the
foreclosure of a mortgaged property, you don’t need a
certificate of non-forum shopping because it is not an action 3 public places abovementioned a similar notice
filed in court (Sps. Arquiza v. CA, GR No. 160479, June 8, particularly describing the property and stating
2005). where the property is to be sold.
Execution under Rule 39 NOTE: If the assessed value of the property exceeds
₱50,000, by publishing a copy of the notice once a week for
Example: Peggy won a case against Waffle for ₱5 million. 2 consecutive weeks in one newspaper selected by raffle,
She then filed a motion for execution. The court granted it whether in English, Filipino, or any major regional language
and issued the writ of execution. Since it is a money
published, edited and circulated or, in the absence thereof,
having general circulation in the province or city; SECTION 3: SALE OF MORTGAGED PROPERTY;
4. In all cases, written notice of the sale shall be EFFECT
given to the judgment obligor, at least 3 days
before the sale, except as provided in #1 hereof Foreclosure sale
where notice shall be given the same manner as
When the defendant, after being directed to do so as
personal service of pleadings and other papers provided in the next preceding section, fails to pay the
as provided by Section 6 of Rule 13. amount of the judgment within the period specified therein,
the court, upon motion, shall order the property to be sold in
The notice must comply with the provisions under Section the manner and under the provisions of Rule 39 and other
15 of Rule 39. If there is noncompliance with the rule, the regulations governing sales of real estate under execution.
notice requirement may be questioned. It is not enough
that there is notice, the mortgagee has to comply with the The order confirming the foreclosure is a final disposition with
days when it is supposed to be posted and the publication respect to the issue of the regularity and validity of such sale
requirement. Even slight deviations therefrom are not and may likewise be challenged on appeal.
allowed (Roxas v. CA, GR No. 100480, May 11, 1993).
Confirmation vests title on the purchaser
Auction sale under Rule 39 In equity of redemption, once the confirmation of sale has
been made by the court, title now vests on the purchaser.
If the auction sale is in accordance with Rule 39, the
auction sale will be simply marked at the back of the
certificate of sale. The purchaser has to wait a period of 1 ✓Appeal ✓Appeal ✓Appeal
year to occupy the property because the judgment debtor,
his successors in interest, and his junior encumbrancers
have the right to redeem the property.
Foreclosure under Rule 68 Order to pay Order to Confirmation
the judge- foreclose of sale by the
Under Rule 68, before foreclosure, there should be a ment debt court
judgment confirming the debt of the judgment debtor.
The judgment debtor shall pay that debt within a period of

not less than 90 days but not more than 120 days. If the
debt is paid, then the judgment creditor will no longer
foreclose the property. Equity of Redemption
If after such period (equity of redemption) and the title of the property will now be transferred to the
judgment debtor did not pay the debt, the judgment purchaser
creditor will now file a motion asking the court to allow the
foreclosure of the property. Before confirmation, a motion to confirm sale must be
filed. From the judgment of foreclosure and until before
Mistakes and omissions that would invalidate the confirmation, the judgment debtor may simply pay his
foreclosure debt. This is the equity of redemption.
Q: In a real estate mortgage that was subject of the Once the sale has been confirmed, the title of the property
foreclosure, the notice of the sheriff‘s sale made reference to
will be transferred to the purchaser.
Laguna properties. However, in the notice, what was
described was the Quezon City properties which was later
on foreclosed instead of the Laguna properties. Was the Public auction; annotated
extra judicial foreclosure void?
Public auction should always be registered at the back of the
A: The mistakes and omissions that would invalidate the title.
extrajudicial or judicial foreclosure pertain to those which are:
The equity of redemption is mandatory in character. It is a
1. Calculated to deter or mislead bidders substantive right and it cannot be omitted in judicial
foreclosures. The period is suspended by an appeal and is
2. To depreciate the value of the property; or
not revived until said judgment is affirmed by the appellate
3. To prevent it from bringing a fair price (BPI v. court and the case is returned to the trial court.
Spouses Castro, GR No. 195272, January 14,
2015). Right of redemption vs. Equity of redemption
foreclosure was done judicially (GSIS v. CFI of Iloilo,
EQUITY OF RIGHT OF Branch III, GR No. 45322, July 5, 1989).
REDEMPTION REDEMPTION
AS TO GOVERNING LAW OR RULE Failure to exercise equity of redemption
Governed by Rule 68 Governed by Act No.
If the judgment debtor, fails to exercise his equity of
3135, Section 6
redemption. The judgment creditor, will now file a motion in
AS TO DEFINITION court for the property be sold by way of public auction in the
Right of the defendant The right granted to a manner provided under Rule 39 and other regulations
mortgagor to extinguish mortgagor to reacquire governing sales of real estate under execution.
the mortgage and retain the property even after the
ownership of the property confirmation of the sale NOTE: Publication requirements should be observed. The
by paying the debt within and the registration of the applicable publication requirement shall state the time, date,
90 to 120 days after the certification of sale. and place where auction will be held.
entry of judgment or even
after the foreclosure sale Equity of redemption may be waived
but prior the confirmation
of the sale by the court. Even if equity of redemption is mandatory, it can be waived.
AS TO PERIOD OF REDEMPTION In this case, it was waived through a compromise agreement.
Period is 90 to 120 days Period is one year from The parties agreed that the property may immediately be
after entry of judgment or date of registration of foreclosed without the other party exercising equity of
even after foreclosure certificate of sale. redemption. (Cruz v. IAC, GR No. 72806, January 9, 1989).
sale but prior to
NOTE: However, in a foreclosure brought about by execution
confirmation
of judgment under Rule 39, the right of redemption cannot be
AS TO EXCEPTION IN PERIOD OF REDEMPTION waived through a compromise agreement. The right of
If the mortgagee is a bank If the mortgagor is a bank redemption is deemed waived if the debtor-mortgagor did not
and the mortgagor is a or a juridical person, they exercise the 1 year period in which to exercise the right to
natural person, the latter are given 3 months after redeem the property.
shall have the right within the sale of the property or
1 year after the sale of the before the registration of Limitation on properties to be foreclosed
real estate to redeem the the certificate of sale,
property. Such period will whichever comes first. The property to be sold is only limited to that needed to pay
be counted from the date (Act No. 3135) off the judgment debt. Such sale shall does not affect the
of registration of the rights of persons holding prior encumbrances or senior
certificate of sale with the encumbrances upon the property or apart thereof.
Register of Deeds.
(Section 47, RA No. Once the property has been sold, the purchaser shall
8791) immediately file a motion to confirm the order to divest the
rights in the property of all parties to the action and to vest
the rights in the purchaser subject to such right of redemption
NOTE: As long as the property sold has not been
as may be allowed by law.
confirmed pursuant to Section 6 of this Rule, the judgment
debtor may pay the judgment debt and the property will Example: Ernie’s property was being sold in a public
not be foreclosed or if so foreclosed will not be confirmed. auction. Austin bought the property. Austin shall immediately
file a motion to confirm sale in order to prevent the exercise
No right of redemption in Judicial Foreclosure of equity of redemption. Furthermore, once the sale is
confirmed, all the rights of Ernie over that property will be
If it is an extrajudicial foreclosure of mortgage, there is a deemed divested and it will now be vested upon Austin.
right of redemption. However, no right of redemption
exists in judicial foreclosure under Rule 68 except where Mortgagee is a banking institution
the mortgagee is a bank or a banking institution. (Huerta
Alba v. CA, G.R. No. 128567. September 1, 2000). If it is a judicial foreclosure proceeding, there is still a right
of redemption even after confirmation if the mortgagee is a
GSIS; not a banking institution banking institution. Therefore, upon finality of the order of
confirmation, or upon the expiration of the period of
GSIS is not a bank. Therefore, when a complaint for redemption when allowed by law, the purchaser in the
judicial foreclosure was filed, and the property was auction sale or last redemptioner if any, shall be entitled to
foreclosed and bought by GSIS, such can immediately file the possession of the property unless a third party is actually
a motion to confirm because only banking institutions are holding the same adversely to the judgment debtor.
required by law to extend the redemption period even if
Period before order becomes final and executory
writ of possession because the issuance of the writ of
Q: There is a foreclosure sale dated June 1. Clara filed a possession is ministerial and a matter of right (De Vera v.
motion to confirm on June 5. It was confirmed by the court Agloro, G.R. No. 155673, January 14, 2005)
on June 10. Is Clara the owner of the property as of June
10? Q: In the hearing for the issuance of a writ of possession, can
the court deny the sale because the required notices were
A: No. Clara should wait for 30 days because the order of not observed?
confirmation is a final judgment which will become final
A: NO. As to the issuance of the writ of possession, the court
and executory only after 30 days.
has no right to inquire as to the validity or conduct of the
foreclosure sale. As far as the court is concerned, it is valid.
Writ of possession It cannot review the auction sale records even if the other
party raises it by way of position in the hearing for the
GR: Upon the finality of the order of confirmation of sale issuance of the writ of possession.
or upon the expiration of the period of redemption allowed
by law, the purchaser at the auction sale or the last Q: What is the remedy of the person who really believes that
redemptioner, if any, shall be entitled to the possession of the foreclosure proceedings were conducted with
the property irregularity?
XPN: A third party is actually holding the same adversely A: He has to file another case which is a complaint to annul
to the judgment creditor. If so, the writ of possession will foreclosure proceedings (Gopia v. Metropolitan Bank and
not issue as a matter of course. Trust, GR No. 188931, July 28, 2014).
If somebody is occupying the property adverse to the Third-party purchaser acquires property after period of
interest of the judgment obligor, the said purchaser or last redemption; writ of possession may be issued
redemptioner may secure a writ of possession upon
motion from the court which ordered the foreclosure. If the purchaser is a third party who acquired the property
after the redemption period, a hearing must be conducted to
determine whether possession over the subject property is
When to file a writ of possession; ministerial duty of
still with the mortgagor or is already in the possession of a
the court
third party holding the same adversely to the defaulting
debtor or mortgagor. If the property is in the possession of
File a writ of possession only after 30 days or when the the mortgagor, a writ of possession could thus be issued.
order has become final and executory.
Otherwise, the remedy of a writ of possession is no longer
The purchaser in a foreclosure sale is entitled to a writ of available to such purchaser, but he can wrest possession
possession and that upon an ex parte motion of the over the property through an ordinary action of ejectment
purchaser, it is the ministerial duty of the court to issue the (Okabe v. Saturnino, GR No. 196040, August 26, 2014).
writ of possession unless a person is occupying the
property adverse to the interest of the judgment debtor. Motion confirming the sale; litigated motion
Therefore, the purchaser need not file a separate action A motion confirming the sale of the property is a litigated
for possession to acquire possession of the property after motion. It is now discretionary on the court to set it for
the redemption period has expired. hearing. Since it is a litigated motion, the order confirming
the sale therefore cannot be issued ex parte.
However, where the parties in possession claim
ownership thereof, and there may be possibility of said Ex parte motion to confirm sale; void
claim, the issue of ownership must be ventilated in a
An ex parte motion was filed to confirm the sale. Such act is
proper case in the merits (Spouses Kho v. VA, GR No.
void. The order granting the said confirmation sale is also
L-83498, October 22, 1991).
void. A hearing is an essential part of those proceedings
because it gives the interested party an opportunity to lay
Annulment of judicial foreclosure proceedings does before the court why the sale should not be confirmed. It
not preclude issuance of writ of possession should be a litigated motion and not an ex parte motion
(Tiglao v. Botones, GR No. L-3619, October 29, 1961).
A motion for the issuance of a writ of possession was filed
but before the judge could issue the writ of possession, a Lack of notice; vitiates sale
complaint was filed by the mortgagor to annul the
foreclosure proceedings. The lack of notice vitiates confirmation of sale. Hence, if
the court does not issue or set it for hearing and
In this case, the annulment of the judicial foreclosure immediately orders the confirmation thereof, it may be
proceedings will not preclude the court from issuing the tantamount to grave abuse of discretion.
Junior ecumbrancers are
An order confirming the foreclosure sale made by the not entitled to the
sheriff is the mark of the second stage, and therefore is Juniro encumbrancers are proceeds of the sale.
appealable. entitled to the proceeds
of the sale, if there’s any. However, they are given
Consequences of an order confirming the sale the right to redeem the
property.
The equity of redemption is cut off and the title is vested
upon the purchaser. Such title retroacts to the date of the SECTION 5: HOW SALE TO PROCEED IN CASE THE
actual sale. Whatever rights the judgment debtor has as DEBT IS NOT ALL DUE
of the time the property was sold will now be transferred
to the purchaser. If the debt for which the mortgage or encumbrance was held
is not all due as provided in the judgment, as soon as a
There will be no further right of redemption except on
sufficient portion of the property has been sold to pay the
judicial foreclosures of mortgages by the banks.
total amount and the costs due, the sale shall terminate; and
afterwards, as often as more becomes due for principal or
Execution of judicial foreclosure may be enforced
interest and other valid charges, the court may, on motion,
even after the lapse of 5 years
order more to be sold.
The execution process under judicial foreclosure is not an
execution of judgment within the purview of Section 6 of But if the property cannot be sold in portions without
Rule 39. This writ of possession is merely in lieu of the prejudice to the parties, the whole shall be ordered to be sold
duty of the court in the litigation which the court can take in the first instance, and the entire debt and costs shall be
even after the lapse of 5 years. paid, if the proceeds of the sale be sufficient therefor, there
being a rebate of interest where such rebate is proper.
SECTION 4: DISPOSITION OF PROCEEDS OF SALE
In case the debt is not all due
The amount realized from the foreclosure sale of the
mortgaged property shall, after deducting the costs of the As soon as the sufficient portion of the property has been
sale, be paid in the following order: sold to pay the total amount that is due and the cost thereon,
the sale shall terminate because the interest of the judgment
1. To the person foreclosing the mortgage, and
debtor shall also be protected.
2. To the junior encumbrances in the order of their
priority, to be ascertained by the court: when there
SECTION 6: DEFICIENCY JUDGMENT
shall be any balance or residue, after paying off the
mortgage debt due
Judgment rendered by the court holding defendant liable for
3. To the mortgagor or his duly authorized agent, or to any unpaid balance due to the mortgagee if the proceeds
the person entitled to it: if there be no such from the foreclosure sale do not satisfy the entire debt.
encumbrancers or there be a balance or residue
No independent action need be filed to recover the
Q: How come senior encumbrancers will not partake in the deficiency from the defendant. The judgment shall be
proceeds of the sale?
rendered upon motion of the mortgagee in the same action.
The deficiency judgment can be the subject of appeal.
A: Because the senior encumbrancer’s right is always
protected. His lien is carried over. When the junior
encumbrancer or second mortgagee accepted the mortgage, Deficiency of judgment
he accepts the mortgage subject to the right of the senior
encumbrancer.
Q: Under Act 3135, do junior encumbrancers have the right

to receive the balance of the purchase price if the mortgage
has already been paid?
A: NO. They only have the right to redeem the property

(Monzon v. Sps. Relova, GR No. 171827, September 17,
2008).
JUDICIAL EXTRAJUDICIAL
FORECLOSURE (RULE FORECLOSURE (ACT
68) NO. 3135)
Example: George sued Donald for judicial foreclosure of of Zach was executed amd levied upon, and was about to be
mortgage. To prevent foreclosure, Donald must pay for a sold in public auction. Was the levy proper?
period of not less than 90 days, but not more than 120
days, subject to extension as long as the sale is not yet A: NO. The levy was not proper because Zach was not the
confirmed. This is the equity of redemption. debtor of Koji. The liability of the third party mortgagee is
limited only up to the extent of his mortgaged property.
Donald did not pay. Hence, another motion to foreclose Therefore as far as Zach is concerned, there will be no
the property pursuant to Section 3 was filed. It was deficiency judgment.
granted. The properties were sold for ₱10 million but the
Q: In the same case, what is Zach’s remedy?
debt is worth ₱25 million.
A: Zach’s remedy is to file an affidavit of his title on the
A motion pursuant to Section 6 shall be filed. At this point, property or right to the possession thereof, stating the
there is no more right of redemption since Donald is not a grounds of such title and serve it upon the officer making the
banking institution. levy, pursuant to Section 16 of Rule 39 because he is a third
party claimant (terceria).
If there is still a deficiency upon the confirmation of the
sale, George shall file a motion for deficiency of judgment. Separate collection case; wrong remedy
An order granting the judgment will be issued. A motion
for execution shall subsequently be filed and it shall be Ask the court to issue a writ of execution against Marina. A
executed pursuant to Rule 39. separate collection case cannot be filed against her.
Q: After issuance of a writ of execution, new properties If the judgment creditor wants to continue the execution on
will be levied and be sold. Can the judgment debtor Zach’s property, then the judgment creditor will have to post a
redeem such properties? bond pursuant to Section 16 of Rule 39.
NOTE: Deficiency judgment shall be rendered by way of motion.

A: Yes. He has a right of redemption over the property A separate action to collect the sum is a wrong remedy. Since
executed pursuant to the motion for deficiency judgment. there is already a deficiency judgment, a separate action will
Deficiency judgment shall be rendered upon motion and make Zach guilty of res judicata.
it will only happen when the foreclosure did not produce
sufficient proceeds to satisfy the judgment debt. Extrajudicial foreclosure; not res judicata
Deficiency judgment, immediately executory In extrajudicial foreclosures under Act 3135, there is no
deficiency judgment because the extrajudicial foreclosure is not
a judicial procedure. However, the mortgagee can recover by
The deficiency judgment is immediately executory if the
action any deficiency in the mortgage account which was not
balance is all due. If a third person merely executed a
realized in the foreclosure sale. This will not violate the res
mortgage and did not personally assume the personal judicata rule because the petition for extrajudicial foreclosure is
liability of the debt, the third party liability is only up to the not an action in court.
extent of the mortgage. There can be no sufficient judgment
against the third party. SECTION 7: REGISTRATION
There is no need to wait for 30 days for it to become final and
When title acquired
executory, unlike in an order of confirmation of sale.
The buyer acquires title upon finality of the confirmation sale.
Q: Marina borrowed money from Koji. However, Koji was The certificate of sale cannot be registered without the final
asking a collateral so Marina went to Zach and she asked order confirming the sale.
him if she can use his property as a collateral. Zach agreed
to Marina so the latter mortgaged the former’s property. Zach Existence and absence of right of redemption; effects
became a third- party mortgagor.
1. When no right of redemption exists: the
Later on, Marina failed to pay the debt so Koji filed a case for certificate of title in the name of the mortgagor shall
judicial foreclosure of mortgage and he sued both Marina be cancelled, and a new one issued in the name of
and Zach. the purchaser.
2. When right of redemption exists: the certificate of
The equity of redemption was not exercised, hence, the title in the name of the mortgagor shall not be
property now foreclosed. The debt is ₱25 million but the cancelled, but the certificate of sale and the order
property of Zach was only ₱10 million, leaving a deficiency confirming the sale shall be registered and a brief
of ₱15 million memorandum thereof made by the register of deeds
upon the certificate of title.
Koji then filed a motion for deficiency judgment which was
granted. The court issued a writ of execution. The property When property is redeemed; effects

1. When property is redeemed: the deed of
redemption shall be registered with the registry of Contents of a Complaint for Partition
deeds, and a brief memorandum thereof shall be
made by the registrar of deeds on said certificate 1. Nature and extent of his title
of title. 2. Join as defendants all other persons interested in
2. When the property is not redeemed, the final the property;
deed of sale executed by the sheriff in favor of the 3. Adequate description of the real estate of which
purchaser at the foreclosure sale shall be partition is demanded
registered with the registry of deeds; whereupon
the certificate of title in the name of the mortgagor Parties to the Complaint; Non-inclusion of a co-owner
shall be cancelled and a new one issued in the
name of the purchaser. All co-owners are indispensable parties.
Provisional remedies available to mortgagee in case The non-inclusion of a co-owner before judgment has been
of foreclosure rendered is not a ground for the dismissal of the action, as
provided for in Rule 3, Section 11 of the Rules of Court.
1. Preliminary attachment of properties of the debtor
not covered by the mortgage (Rule 57, RoC). Remedy of non-joinder is to implead the parties
2. Receivership of mortgaged property (Rule 59,
RoC) when the grounds provided by the Rules All the co-heirs and persons having an interest in the
exist. property are indispensable parties; as such, an action for
partition will not lie without the joinder of the said parties.
SECTION 8: COMPLAINT IN ACTION FOR
FORECLOSURE However, the Court of Appeals erred in ordering the
dismissal of the case on the account of the failure to implead
The provisions of Sections 31, 32 and 34 of Rule 39 shall all indispensable parties. In the instances of non-joinder of
be applicable to the judicial foreclosure of real estate indispensable parties, the property remedy is to implead
mortgages under this Rule insofar as the former are not them and not to dismiss the case (Divinagracia v. Parilla,
inconsistent with or may serve to supplement the GR No. 196750, March 11, 2015).
provisions of the latter.
If despite the order by the court to amend the complaint, the
Suppletory Effect of Rule 39 plaintiff failed to do as such, the action will be dismissed
pursuant to Rule 17, Section 3 for failure to comply with an
Provisions of Rule 39 that may have suppletory effects: order of the court.
1. Manner of using the premises pending If the co-owner is not impleaded throughout the action and
redemption (Section 31, Rule 39, RoC) the court has rendered a decision over it, the judgment is
2. Rents, earnings and income of property pending void.
redemption shall belong to the judgement obligor
When Partition can be Made
(Section 32, Rule 39, RoC)
3. Recover of price if sale is not defective; revival of
GR: Any of the co-owners of the undivided property may
judgement (Section 34, Rule 39, RoC) demand partition. It can be made anytime and the right to
demand partition is imprescriptible.
RULE 69: PARTITION
SECTION 1: COMPLAINT IN ACTION FOR XPN:
PARTITION OF REAL ESTATE
1. Acquisitive prescription, if a co-owner asserts
Partition; Definition adverse title to the property in which case the period
of prescription runs from such time of assertion of
Partition is the separation, division, and assignment of a the adverse title.
thing held in common among those to whom it may 2. Family home
belong. 3. When the property is not subject to a physical
division and to do so would render the thing
Kinds of Partition unserviceable for the use it is intended.
Partition may either be: Nature of Partition

1. Judicial (Section 2, Rule 69) Partition and accounting under Rule 69 is in the nature of
2. Extrajudicial (Section 12, Rule 69) an action quasi in rem. Such an action is essentially for
the purpose of affecting the defendant’s interest in a NOTE: Should the trial court find that the defendants do not
specific property and not to render judgment against him. dispute the status of the plaintiff as co-owner, the court can
proceed to the actual partitioning of the property involved
Stages of an Action for Partition (Roque v. IAC, GR No. L-75886, August 30, 1988).
1. First Stage - The court determines whether co- Settlement of ownership; will not lie if there’s no rightful
ownership exists and if partition is proper. Partition interest
presupposes the existence of a co-ownership over
The first stage in an action for partition is the settlement of
the property. Before the court can order the partition the issue of ownership. Such action will not lie if the claimant
of a property, it must first inquire into the existence has no rightful interest in the subject property. In fact, the
of co-ownership. parties filing the action are required by the Rules of Court to
2. Second Stage - When the parties fail to agree upon set forth in their complaint the nature and the extent of their
the partition, the court will appoint not more than title to the property. It would be premature to effect a partition
three commissioners to assist the court in making until and unless the question of ownership is first definitely
resolved (Vda. De Figuracion v. Figuracion-Gerilla, GR
the partition
No. 151334, February 13, 2013).
NOTE: Just like in Expropriation or Eminent Domain, this is
SECTION 2: ORDER FOR PARTITION AND
another instance wherein commissioners are appointed.
PARTITION BY AGREEMENT THEREUNDER
Multiple Appeals
When parties agree on the partition
The judgment declaring the existence of a co-ownership
may be appealed. This is one of the instances in which the After the court has ordered the partition of the properties
Rules allow Multiple Appeals. As such, the record on among all the parties, the parties agreed to make the
appeal is required to be submitted. The period to appeal is partition among themselves in a proper instrument of
30 days. conveyance or a deed of partition.
Jurisdiction After the order of partition, the parties may make the
partition among themselves, by proper instruments of
Either the MTC or RTC has jurisdiction over actions conveyance. Provided that: (CAR)
involving partition depending on the assessed value of the
property. 1. The court Confirmed the partition;
2. All parties Agreed thereto; and
Venue 3. Such partition, together with the order of the court
confirming the same, shall be Recorded in the
1. Subject Matter is Real Property: an action for
Registry of Deeds where the property is situated
partition should be filed in the MTC or RTC of the
province where the property or part thereof is Mode of Appeal; Record on Appeal
situated. The rationale is to enable the rest of the case to proceed
in the event that a separate and distinct issue is resolved
NOTE: If several distinct parcels of land are situated in by the court and held to be final.
different provinces, venue may be laid in the MTC or RTC of
any of said provinces. A judgment directing an accounting is appealable
regardless of whether the accounting is the principal relief
2. Subject Matter is Personal Property: in the place sought or a mere incident and becomes final and
where the plaintiff or the defendant resides, at the executory within the reglementary period.
election of the plaintiff.
An order of partition is a final order; appealable
Issues to be resolved in an action for partition
Contrary to the ruling of the Court of Appeals, the decision
An action for partition presents two simultaneous issues: of the trial court in favor of the plaintiffs rejecting the
defendants’ claim of exclusive ownership of the properties
1. Whether the plaintiff is indeed a co-owner of the by oral partition is a final judgment on the merits from
property sought to be partitioned. which the party adversely affected can make an appeal
2. How the property is to be divided between the (Fabrica v. CA, GR No. L-47360, December 15, 1986).
plaintiff and defendant or what portion should go to
each co-owners. SECTION 3: COMMISSIONERS TO MAKE PARTITION
WHEN PARTIES FAIL TO AGREE
SECTION 5: ASSIGNMENT OR SALE OF REAL
When parties fail to agree ESTATE BY COMMISSIONERS
When after the court has ordered the partition of the Assignment or Sale of Real Property
properties, the parties failed to agree upon the partition,
Section 3 will apply. In such case, the court shall appoint This occurs when partition cannot be effected without
not more than three competent and disinterested persons causing prejudice to the interests of the parties. In such case,
as commissioners to make the partition (Austria v. the commissioners will assign the property to one of the
Lichuaco, GR No. 170080, April 4, 2007). parties provided that he pays an amount which the
commissioners deemed equitable and the other interested
Section 2 and Section 3 of Rule 69 distinguished parties do not ask the court that the property be sold instead.
However, if one of the parties asked for the property to be

PARTITION BY PARTITION WHEN sold instead. The commissioners shall order the property to
AGREEMENT PARTIES FAIL TO be sold at a public sale.
AGREE
Section 2, Rule 69 Section 3, Rule 39 Requisites of Assignment: (PAPA)
Parties agreed to make Parties failed to agree to
the partition among make the partition 1. Assignment is made to one on the Parties not to
themselves third persons;
Done through an The Court shall appoint 2. Amount to be paid is based on the amounts which
instrument of conveyance not more than three the commissioners deem equitable;
or deed of partition commissioners to assist 3. Payment to the other parties; and
the Court and the parties
4. Other interested parties do not Ask the court that the
in making the partition.
property be sold instead.
The deed shall be The report of the
confirmed by the court commissioners must be
confirmed by the court. The public sale of the property is mandatory if one of the
parties interested asks that the property be sold instead of
being assigned to one of the parties.
SECTION 4: OATH AND DUTIES OF
COMMISSIONERS NOTE: The approval of the court is still required before the
parties can sell the property.
Oath of Commissioners
SECTION 6: REPORT OF COMMISSIONERS;
Before the commissioners make the partition, they must PROCEEDINGS NOT BINDING UNTIL CONFIRMED
first take and subscribe an oath promising that they shall
faithfully perform their duties as commissioners. Such Report of Commissioners
oath shall be filed in court.
The report of the commissioners must be approved by the
Duties of Commissioners court and rendered judgment thereon before it becomes
binding upon all the parties concerned.
1. View and examine the real estate after due notice to
the parties to attend such view and examination In other words, the report of the commissioners cannot be
2. Hear the parties as to their preference in the portion used as a basis by the parties to immediately effect the
partition, to take over the property after the assignment, or to
of the property to be set apart to them and the sell it through a public sale.
comparative value thereof
3. Set apart the same to the parties in lots or parcels as 10 Day Period
will be most advantageous and equitable, having due
The parties are given 10 days within which to file their
regard tot the improvements, situation, and quality of
objections and comments to the findings of the report.
different parts thereof.
SECTION 7: ACTION OF THE COURT UPON
NOTE: The commissioners have the power to effect the COMMISSIONERS REPORT
partition but not to inquire into questions of ownership or
possession. Action of the Court
Before the commissioners can make a partition, the After the lapse of the 10 day period or even before the
adverse claims of the actual occupants must be settled. expiration of the period but after the interested parties
Otherwise, it would be physically impossible for the have filed their objections to the report or their statement
commissioners to perform their duties. of agreement, the court may:
description, the such purchasers
1. Accept the report and render judgment in particular portion of payment and and a definite
accordance therewith; the estate assigned the description of
2. Recommit the same to commissioners for further to each party. assignment the parcels of
report of facts of the real real estate
estate tot the sold to each
3. Set aside the report and appoint new
party making purchaser.
commissioners; or the payment
4. Partially accept or partially reject the report.
AS TO THE EFFECT
SECTION 8: ACCOUNTING FOR RENT AND PROFITS It vests in each party It vests in the It vests the
IN ACTION FOR PARTITION to the action the party making real estate
portion of the estate the payment sold to the
Recovery of rents and profits assigned to him. the whole of purchaser/s
the real making the
A party shall recover from another his just share of rents estate free payment/s,
and profits received by such other party from the real from any free from the
estate in question. interests or claims of any
claims by the of the parties
SECTION 9: POWER OF GUARDIAN IN SUCH other parties to the action.
PROCEEDINGS with regard to
their portion.
Power of Guardian
Copy of the Judgment to be recorded in the Registry
Before a guardian could act in behalf of his ward, the of Deeds
guardian must first be approved by the court. After such
approval, his or her actions shall be deemed to be the acts A certified copy of the judgment shall in either case be recorded
of his ward with regard to the partition of the property. in the registry of deeds of the place in which the real estate is
situation, and the expenses of such recording shall be taxed as
SECTION 10: COSTS AND EXPENSES TO BE TAXED part of the costs of the action.
AND COLLECTED
SECTION 12: NEITHER PARAMOUNT RIGHTS NOR
Costs and Expenses AMICABLE PARTITION AFFECTED BY THIS RULE
The costs and expenses that accrued in the action, Extrajudicial Partition
including the compensation of the commissioners, shall
be equitably charged among the parties. Partition may either be done judicially or extrajudicially. Section
12 of Rule 69 recognizes the right of the co-owners to partition
the property themselves even without court intervention.
SECTION 11: THE JUDGMENT AND ITS EFFECT;
COPY TO BE RECORDED IN REGISTRY OF DEEDS SECTION 13: PARTITION OF PERSONAL PROPERTY
Judgment in partition Applicability of Rule 69 in Partition of Personal
Property
There are three possible outcomes of the report made by the
commissioners that the court would approve, It may:
The provisions of Rule 69 shall also apply to partition of estates
composed of personal property, or of both real and personal
1. Recommend making an actual partition property
2. Assigned to one of the parties the property subject
to the partition upon payment to the other parties the
RULE 70: FORCIBLE ENTRY AND UNLAWFUL
sum ordered by the Court. DETAINER
3. Sell the property in a public sale
Ejectment Proceedings (Accion Interdictal)
Three outcomes; distinguished
Unlawful detainer and forcible entry suits are designed to
AS TO THE CONTENTS OF THE JUDGEMENT summarily restore physical possession of a piece of land
The judgment shall The The judgment or building to one who has been illegally or forcibly
state definitely, by judgment shall state the deprived thereof, without prejudice to the settlement of the
metes and bounds shall state name of the parties' opposing claims of juridical possession in
and adequate the fact of purchaser or appropriate proceedings.
b. the legal representatives or assigns of any such
These actions are intended to avoid disruption of public lessor, vendor, vendee, or other person (Rule 70,
order by those who would take the law in their hands Section 1, RoC).
purportedly to enforce their claimed right of possession.
When may the action be instituted?
A person who wants to recover physical possession of his
real property will prefer an ejectment suit because it is At any time within one (1) year after such unlawful
governed by the Rule on Summary Procedure which deprivation or withholding of possession (Rule 70,
allows immediate execution of the judgment under Section 1, RoC).
Section 19, Rule 70 unless the defendant perfects an
appeal in the RTC and complies with the requirements to 1. Forcible Entry
stay execution; all of which are nevertheless beneficial to
the interests of the lot owner or the holder of the right of a. Where the grounds alleged in the complaint for
possession. forcible entry are force, intimidation, threat, or
strategy, the commencement of the 1-year period
At the heart of every ejectment suit is the issue of who is should be counted from the very date of illegal entry.
entitled to physical possession of the lot or possession de b. In case of forcible entry by stealth, the one-year
facto (Dela Cruz vs. CA, G.R. No. 139442, December 6, period is counted from the demand to vacate upon
2006). learning of such entry.
Two Kinds of Ejectment Proceedings
The owners/possessors of the land cannot be expected to
enforce their right to its possession against the illegal
1. Forcible Entry - one is deprived of physical occupant and sue the latter before learning of the
possession of real property by means of force, clandestine intrusion. And to deprive the lawful possessor
intimidation, strategy, threats, or stealth. of the benefit of the summary action under Rule 70 simply
2. Unlawful Detainer - one illegally withholds because the stealthy intruder managed to conceal the
trespass for more than a year would be to reward
possession after the expiration or termination of his
clandestine usurpation even if it is unlawful (Dela Cruz vs.
right to hold possession under any contract, express Hermano, G.R. No. 160914, March 25, 2015).
or implied.
2. Unlawful Detainer
An Action for Ejectment is a Real Action and In
personam GR: The one-year period is counted from the date of the
last demand to pay/comply and vacate, the reason being
An action for ejectment (forcible entry or unlawful that the lessor has the right to waive his right of action
based on previous demands and let the lessee remain
detainer) is a real action because it involves the issue of
meanwhile in the premises.
possession of real property (Rule 4, Section 1, RoC). It
is also however, an action in personam because the XPN: When the subsequent demands were merely in the
action is directed against a particular person who is nature of reminders of the original demand in which case
sought to be held liable (Domagas v. Jensen, 448 SCRA the one-year period is counted from the first demand
663). (Republic of the Philippines vs. Sunvar Realty
Development Corporation, G.R. No. 194880, June 20,
SECTION 1: WHO MAY INSTITUTE PROCEEDINGS, 2012).
AND WHEN
Jurisdiction
Who may institute the action?
The MTC has exclusive original jurisdiction over forcible
1. Forcible Entry entry and unlawful detainer cases regardless of the
assessed value of the property involved (Sec. 33[2], B.P.
a. person deprived of the possession of any land or
129, as amended; Sec. 3, RA. 7691).
building by force, intimidation, threat, strategy, or
stealth Mandatory Allegations
2. Unlawful Detainer
The rule is that the allegations in the complaint determine
a. a lessor, vendor, vendee, or other person against both the nature of the action and the jurisdiction of the
whom the possession of any land or building is court. The cause of action in a complaint is not what the
unlawfully withheld after the expiration or designation of the complaint states, but what the
termination of the right to hold possession allegations in the body of the complaint define and
describe.

The complaint must specifically allege the facts ejectment (De los Reyes v. Spouses
constituting unlawful detainer or forcible entry if the Odones).
complaint filed was for unlawful detainer, or forcible entry,
respectively. It cannot be made to depend on the Even if there is no formal contract between the parties, there can
exclusive characterization of the case by one of the still be an unlawful detainer because implied contracts are
parties, jurisdiction cannot be made to depend upon the covered by ejectment proceedings. Possession by tolerance
defenses set up in the answer, in a motion to dismiss or creates an implied promise to vacate the premises upon the
in a motion for reconsideration (Balibago vs. Faith in demand of the owner (Peran v. CFI of Sorsogon, G.R. No.
Christ, GR No. 191527, August 22, 2016). 57259, October 13, 1983).
1. Forcible Entry What constitutes a demand in unlawful detainer
1. To pay AND to vacate – If the suit is based on

a. The plaintiff must allege his prior physical
defendant’s failure to pay the rentals agreed upon; or
possession of the property;
The demand should NOT be “to pay OR vacate” because
b. The plaintiff must also allege that he/she was this type of demand does not give rise to an unlawful
deprived of his/her possession by force, detainer case since it is in essence an action for a sum of
intimidation, strategy, threat or stealth money.
NOTE: Prior physical possession is the primary Thus, even if the complaint is captioned, “Collection of a
Sum of Money with Damages,” the action is actually for
consideration in a forcible entry case. A party who can
ejectment or unlawful detainer where the demand is “to
prove prior physical possession can recover such
pay AND to vacate”.
possession even against the owner himself.
2. To comply AND to vacate – If suit is predicated upon the
If the alleged dispossession did not occur by any of these
defendant’s non-compliance with the conditions of the
means, the proper recourse is to file a plenary action to
lease contract.
recover possession, not an action for forcible entry.
Similarly, if the unlawful detainer case is anchored upon
In forcible entry cases, no force is really necessary. The
the failure of the defendant to comply with the conditions
act of going on the property and excluding the lawful
of the lease, the demand must NOT be “to comply OR
possessor therefrom necessarily implies the exertion of vacate” because this type of demand is not one for
force over the property, and this is all that is necessary. unlawful detainer but one for specific performance.
2. Unlawful Detainer NOTE: A demand in the alternative to pay the increased
rental or otherwise vacate the land is not the demand that
A complaint sufficiently alleges a cause of action for gives rise to a cause of action for unlawful detainer (Riano,
unlawful detainer if it recites the following: pg. 353, 2019).
Petitioner’s payment of the back rentals and acceptance of
a. Initially, possession of property by the the respondent does not constitute a waiver or abandonment
defendant was by contract with or by of their cause of action for ejectment against the latter
(Clutario vs. CA, GR No. 76656, December 11, 1992).
tolerance of the plaintiff;
b. Eventually, such possession became Compliance with the Maceda Law is required prior to
illegal upon notice by plaintiff to the filing of unlawful detainer case
defendant of the termination of the
latter’s right of possession; It is incumbent upon the petitioner to prove that the
c. Thereafter, the defendant remained in Contract to Sell had been validly cancelled in accordance
with Maceda Law (R.A. No. 6552), the law which governs
possession of the property and
sales of real estate on installment. Otherwise respondent
deprived the plaintiff of the enjoyment is not deemed to be illegally withholding possession of the
thereof; subject property after the termination of the Contract to
d. Demand upon lessee to pay the rental Sell and so the dismissal of the unlawful detainer case is
or comply with the terms of the lease warranted.
and vacate the premises; and
e. Within one year from the last demand In all transactions or contracts involving the sale or
financing of real estate on installment payments, including
on defendant to vacate the property,
residential condominium apartments but excluding
the plaintiff instituted the complaint for industrial lots, commercial buildings and sales to tenants,
where the buyer has paid at least two years of
installments, the buyer is entitled to the following rights in Judgment
case he defaults in the payment of succeeding
installments: to pay, without additional interest, the unpaid It is well-settled that, although an ejectment suit is an action
installments due within the total grace period earned by in personam wherein the judgment is binding only upon the
him, which is hereby fixed at the rate of one month grace parties properly impleaded and given an opportunity to be
period for every one year of installment payments made: heard, the judgment becomes binding on anyone who has
Provided, That this right shall be exercised by the buyer not been impleaded if he or she is:
only once in every five years of the life of the contract and
1. a trespasser, squatter or agent of the defendant
its extensions, if any.
fraudulently occupying the property to frustrate
If the contract is cancelled, the seller shall: refund to the the judgment;
buyer the cash surrender value of the payments on the 2. a guest or occupant of the premises with the
property equivalent to fifty percent of the total payments permission of the defendant;
made and, after five years of installments, an additional 3. a transferee pendente lite;
five percent every year but not to exceed ninety percent 4. a sublessee;
of the total payments made: Provided, That the actual 5. a co-lessee or
cancellation of the contract shall take place after thirty 6. a member of the family, relative or privy of the
days from receipt by the buyer of the notice of cancellation defendant.
or the demand for rescission of the contract by a notarial
act and upon full payment of the cash surrender value to
Examples of cases which do not bar an action for
the buyer (Pagtalunan vs. Dela Cruz, GR No. 147695, forcible entry or unlawful detainer
1. injunction suits instituted in the RTC by
Forcible Entry vs. Unlawful Detainer defendants in ejectment actions in the MTC do
not abate the latter; and neither do proceedings
FORCIBLE ENTRY UNLAWFUL DETAINER
on consignation of rentals;
(DETENTACION) (DESAHUCIO)
2. accion publiciana;
AS TO NATURE OF POSSESSION
Possession is inceptively 3. writ of possession case where ownership is
Possession of the land by lawful but it becomes concededly the principal issue before the RTC;
the defendant is unlawful illegal by reason of the 4. action for quieting of title;
from the beginning as he termination of his right to 5. suits for specific performance with damages;
acquires possession by the possession of the 6. action for reformation of instrument;
FISTS. property under his contract 7. accion reinvidicatoria;
with the plaintiff. 8. suits for annulment of sale, or title, or document
AS TO NECESSITY OF DEMAND affecting property (Riano, pg. 348-350, 2019).
Demand to vacate is not Demand is jurisdictional if
required before the filing of the ground is non-payment Scope of Damages that May be Recovered in an
the action because of rentals or failure to Ejectment Suit
occupancy is illegal from comply with the lease
the very beginning. contract. While damages may be adjudged in forcible entry and
AS TO PRIOR PHYSICAL POSSESSION detainer cases, these damages mean rents or the
The plaintiff must prove that The plaintiff need not have reasonable compensation for the use and occupation of
he was in prior physical been in prior physical the premises, or fair rental value of the property. Profits
possession of the premises possession (Del Rosario which the plaintiff might have received were it not for the
until he was deprived vs. Manuel, GR No. forcible entry or detainer do not represent a fair rental
thereof by the defendant. 153652, January 16, value.
2004)
AS TO PRESCRIPTIVE PERIOD Although Section 1 of Rule 70 uses the word "damages",
GR: The 1-year period us the authors of the Rules of Court, in drafting Section 6 of
counted from the date of Rule 70 on the judgment to be pronounced, eliminated the
Period is counted from the
actual entry on the land. word "damages", placing in lieu thereof, the words
date of the last demand or
last letter of demand in "reasonable compensation for the use and occupation of
XPN: When entry is by the premises”.
case of non-payment of
stealth, the period must be
rentals or violation of the
counted from the demand to NOTE: Moral, exemplary, and actual damages are neither
conditions of the lease.
vacate upon learning of the rents nor reasonable compensation for the use and
stealth. occupation of the premises, nor fair rental value.

Accion Publiciana and Reivindicatoria SECTION 2: LESSOR TO PROCEED AGAINST
LESSEE ONLY AFTER DEMAND
When the complaint fails to aver facts constitutive of
forcible entry or unlawful detainer, as where it does not A demand is a prerequisite to an action for unlawful
state how entry was effected or how and when detainer when the action is for failure to pay rent due or to
dispossession started, the action should either be accion comply with the conditions of his lease, and not where the
publiciana or reivindicatoria in the RTC or in the MTC action is to terminate the lease because of the expiration
depending upon the assessed value of the property. of its term.
Accion publiciana is also used to refer to an ejectment suit NOTE: Where the action is to terminate the lease because
where the cause of dispossession is not among the grounds of the expiration of its term, no such demand is necessary.
for forcible entry and unlawful detainer, or when possession Upon the expiration of the term of the lease, the landlord
has been lost for more than one year and can no longer be may go into the property and occupy it, and if the lessee
maintained under Rule 70 of the Rules of Court. The refuses to vacate the premises, an action for unlawful
objective of the plaintiff in an accion publiciana is to recover detainer may immediately be brought against him even
possession only, not ownership (Modesto v. Urbina, 633 before the expiration of the fifteen or five days provided in
SCRA 383, 391, October 18, 2010). Rule 70, Section 2.
Accion reivindicatoria or accion de reivindicacion is an action When Action for Unlawful Detainer May Be
whereby plaintiff alleges ownership over a parcel of land and Commenced
seeks recovery of its full possession. It is different
from accion interdictal or accion publiciana where plaintiff Unless there is a stipulation to the contrary, the action for
merely alleges proof of a better right to possess without claim unlawful detainer shall be commenced only after demand
of title. and the lessee fails to comply therewith after:
While the RTC could have resolved that issue of ownership
provisionally to determine the “better right of possession,” 1. Fifteen days in the case of lands; or
which is allowed in an accion publiciana, it was without any 2. Five days in the case of buildings (Rule 70,
power or jurisdiction to order the reconveyance of the land in Section 2, RoC).
dispute because that can be done only upon a definitive
ruling on the said issue – something that cannot be done in
NOTE: Mere failure to pay rent does not ipso facto make
an accion publiciana (Heirs of Cullado vs. Gutierrez, GR
unlawful the tenant’s possession. It is the demand to vacate
No. 188832, April 23, 2014).
and refusal to vacate which makes unlawful the withholding
Three Possessory Actions
of possession.
ACCION ACCION ACCION Form of Demand
INTERDICTAL PUBLI-CIANA REIVINDIC
ATORIA 1. The demand may be in the form of a written notice
AS TO NATURE served upon the person found in the premises.
Summary Plenary action An action for 2. The demand may also be made by posting a written
action for the for the the recovery
notice on the premises if no person can be found thereon
recovery of recovery of the of
physical real right of ownership,
possession possession which 3. Demand upon a tenant may be oral (Jakihaca v.
where the when the necessarily Aquino, G.R. No. 83982, January 12, 1990).
dispossession dispossession includes the
has not lasted has lasted for recovery of Since, the demand is not written, sufficient evidence must be
for more than more than one possession. adduced to show that there was indeed a demand like
one year. year. testimonies from disinterested and unbiased witnesses
(Riano, pg. 353, 2019).
AS TO JURISDICTION
MTC has 1. RTC – if the value of the
NOTE: Notice to vacate may also be served by registered
exclusive property exceeds: mail and constitutes substantial compliance with the
original a. P20,000 outside prescribed modes of service. (Regalado, 2010).
jurisdiction
Metro Manila;
regardless of A month to month lease under Article 1687 is a lease with a
the assessed b. P50,000 within
definite period, the expiration of which upon previous
value of the Metro Manila demand by the lessor to vacate, can justify ejectment (Acab
property 2. MTC – if the value does not vs. Villanueva, GR No. 112285, February 21, 1995).
exceed the above amounts
When Prior Demand is Not Required

1. Where the purpose of the action is to terminate the
lease by reason of expiry of its term;   GR: Ejectment cases are summary proceedings,
irrespective of amount of damages or unpaid rentals sought
2. Where the purpose of the suit is not for ejectment to be recovered.
but for the reinforcement of the terms of the
contract; or   XPNs:
3. When the defendant is not a tenant but a mere
1. Cases covered by agricultural tenancy laws;
intruder; or
2. Cases within the jurisdiction of the Regional Trial
4. When there is stipulation dispensing with a
Court acting as a Special Agrarian Court as
demand (Art. 1169, NCC; Rule 70, Section 2, provided under Republic Act No. 6657;
RoC). 3. When the decision of the MTC is appealed to the
RTC, the applicable rules are those of the latter
Tacita reconduccion court; and
4. When the law otherwise expressly provides.
If at the end of the contract the lessee should continue
enjoying the thing leased for fifteen days with the
acquiescence of the lessor, and unless a notice to the SECTION 4: PLEADINGS ALLOWED
contrary by either party has previously been given, it is
understood that there is an implied new lease, not for the The only pleadings allowed to be filed are: (3CA)
period of the original contract, but for the time established 1. Complaint;
in Articles 1682 and 1687 of the Civil Code (Art. 1670, 2. Compulsory Counterclaim;
NCC). 3. Crossclaim pleaded in the answer; and
4. All answers thereto (Rule 70, Section 4, RoC).
An implied new lease or tacita reconduccion will set in if it
is shown that: NOTE: All pleadings submitted to the court must be
1. The term of the original contract of lease has verified.
expired;
2. The lessor has not given the lessee a notice to See Section 6 for the period to file answer; Section 13 for
vacate; and the prohibited pleadings and motions.
3. The lessee continued enjoying the thing leased
SECTION 5: ACTION ON COMPLAINT
for fifteen days with the acquiescence of the
lessor (Riano, pg. 355, 2019). The actions that may be undertaken by the court upon
examination of the allegations in the complaint and evidence:
When there is tacita reconduccion, the lessee cannot be
deemed as unlawfully withholding the property. There is 1. Dismiss motu proprio on any grounds for dismissal
no unlawful detainer to speak of (Riano, pg. 355, 2019). of a civil action which are apparent therein; or
2. Issue summons if no ground to dismiss is found
The demand does not have to specifically use the word (Rule 70, Section 5, RoC).
“vacate.” It is sufficient that the letter to the occupants puts
him on notice to move out if he does not comply with the SECTION 6: ANSWER
terms of the lease contract (Golden Gate Realty vs. IAC,
GR No. 74289, July 31, 1987). Duty of the Defendant
Where the tenant filed an action in the Regional Trial 1. File his answer to the complaint; and
Court to compel the landlord to agree to an extension of
2. Serve a copy of the answer to the plaintiff.
the lease, and thereafter the landlord brought an unlawful
detainer suit in the lower court, the case in the RTC should
be dismissed on the ground of litis pendentia which Period
applies even if said action was filed first. The issues
raised in said action could very well and should properly The defendant shall file his answer to the complaint within
be threshed out in the ejectment case (Rosales vs. CFI, 10 days.
GR No. 62577).
Allegations in the Answer
SECTION 3: SUMMARY PROCEDURE
The answer of the defendant must contain all the
Rules that should govern the proceedings of Accion affirmative and negative defenses.
Interdictal (Forcible Entry and Unlawful Detainer);
Nature
NOTE: Defenses, affirmative or negative, not pleaded in
the answer shall be deemed waived. NOTE: This procedure shall not apply where one of two
or more defendants sued under a common cause of
XPNs: The following defenses are not deemed waived: action defense shall appear at the preliminary
conference.
1. Lack of jurisdiction over the subject matter; and
Under Rule 70, Sec. 8, it is not necessary to show good
2. Failure to refer the case to the Lupon for
reasons for the immediate execution of the judgment against
Conciliation as provided under Sec. 12, Rule 70 the defendant. The judgment is executed immediately in
vis-a- vis Sec. 412, Local Government Code. favor of the plaintiff, as a matter of right, to prevent further
a. Referral to the Lupon is required when the damage arising from the loss of possession (San Miguel
parties are living in the barangay in the same Wood Products vs Tupas, MTJ-93-892, October 25,
1995).
city or municipality.
Postponement of preliminary conference is not allowed
In these two cases, the defendant may file a Motion to
Dismiss. No postponement of the preliminary conference shall be
granted
SECTION 7: EFFECT OF FAILURE TO ANSWER
XPN: for highly meritorious grounds and without prejudice to
The court shall render judgment as may be warranted by such sanctions as the court in the exercise of sound
the facts alleged in the complaint and limited to what is discretion may impose on the movant
prayed for therein.
Supersedeas bond
1. Motu proprio or;
Sec. 8 of Rule 70 can apply even if it is the lessor who
2. On motion of the plaintiff appeals in the sense that in such a case, if the lessee desires
to prevent execution pending appeal, the lessee must still file
The court may in its discretion reduce the amount of the supersedeas bond and deposit in court the accruing
damages and attorney's fees claimed for being excessive rentals (City of Manila vs CA & Santos, G.R. No. L-42364
or otherwise unconscionable (Rule 70, Section 7, RoC). April 9, 1987).
If the defendant fails to answer the complaint within the Section 8 requires a supersedeas bond only if there are
period provided, the court has no authority to declare the accrued rentals in arrears. It dispenses with that bond if the
defendant in default (Riano, pg. 356, 2019). defeated tenant deposits in court the rentals due from time
to time (Once vs Gonzales, et al., G.R. No. L-44806, March
NOTE: Without prejudice to the applicability of Rule 9 if 31, 1977).
there are two or more defendants.
SECTION 9: RECORD OF PRELIMINARY
SECTION 8: PRELIMINARY CONFERENCE; CONFERENCE
APPEARANCE OF PARTIES
Within 5 days after the termination of the preliminary
A preliminary conference shall be held, not later than 30 days conference, the court shall issue an order stating the
after the last answer is filed, matters taken up
NOTE: The provisions of Rule 18 on pre-trial shall be Contents of preliminary conference record
applicable to the preliminary conference unless inconsistent
with the provisions of this Rule. 1. Whether the parties have arrived at an amicable
settlement, and if so, the terms thereof;
Appearance of parties 2. The stipulations or admissions entered into by
Failure of the plaintiff to appear in the preliminary the parties;
conference 3. Whether, on the basis of the pleadings and the
1. Cause for dismissal of complaint; stipulations and admission made by the parties,
2. Defendant who appears shall be entitled to judgment may be rendered without the need
judgment on his counterclaim; of further proceedings, in which event the
3. All cross-claims shall be dismissed. judgment shall be rendered within 30 days from
issuance of the order;
Failure of the defendant to appear in the preliminary
4. A clear specification of material facts which
conference
1. Plaintiff shall likewise be entitled to judgment remain converted; and
5. Such other matters intended to expedite the Barangay conciliation
disposition of the case (Rule 70, Section 9,
RoC). If the plaintiff and defendant live in the same city or
municipality, their case must first be referred to the Lupong
Tagapamayapa before it can be filed to the court.
SECTION 10: SUBMISSION OF AFFIDAVITS AND
POSITION PAPERS If there is failure to arrive at an amicable settlement, a
certificate to file action shall be issued by the barangay. Such
Submission of affidavits and position papers certificate must be attached to the complaint because it is a
condition precedent that must be complied with.
Within a non-extendible period of 10 days from receipt of
the order, the parties shall submit: Failure to attach certificate to file action; remedy
1. Affidavits of their witnesses and; The case may be dismissed by the court if the referral
requirement, as evidenced by attaching the certificate to file
2. Other evidence on the factual issues defined in
action, is not complied with.
the order;
3. Position papers setting forth the law and the facts The remedy of failure to attach the certificate to file action is
relied upon by them. to file an amended complaint, as long as the plaintiff has
complied with the referral requirement.
SECTION 11: PERIOD FOR RENDITION OF
JUDGEMENT SECTION 13: PROHIBITED PLEADINGS AND
MOTIONS
Period for judgement
The following petitions, motions or pleadings are not
The court may render judgement within 30 days: allowed:
1. after receipt of affidavit and position papers; or 1. Motion to dismiss

2. the expiration of the period for filing the same.
XPN:
NOTE: The court may still issue an order specifying matters a. On the ground of lack of jurisdiction over
to be clarified if the court find it necessary to clarify material the subject matter; or
facts. In such case it may require parties to submit affidavits b. Failure to refer the case for barangay
or other evidence on said matters within 10 days from receipt conciliation when required
of such order.
2. Motion for bill of particulars
Judgement will thereafter be rendered within 15 days after 3. Motion for new trial or for reconsideration of a
the receipt of the last affidavit or the expiration of the period
judgement or for reopening of trial
for filing the same.
4. Petition for relief from judgement
Objections and oral interpellation, not exercised 5. Motion for extension of time to file pleadings,
affidavits or any other paper
Oral arguments and objections are not exercised in actions 6. Memoranda
for unlawful detainer and forcible entry because everything 7. Petition for certiorari, mandamus, prohibition
will be ruled upon on the basis of documents submitted to
against any interlocutory order issued by the court
the court.
8. Motion to declare the defendant in default
Judge may be held administratively liable 9. Dilatory motions for postponement
10. Reply
If the judge does not follow the period within which to render 11. Third-party complaints
judgement, the judge may be held administratively liable. 12. Interventions
SECTION 12: REFERRAL FOR CONCILIATION The prohibition is consistent with the summary nature of the
actions for forcible entry and unlawful detainer. A contrary
Referral to Lupon rule would place the actions under the category of non-
summary civil actions (Riano, pg. 360, 2019).
When there is no showing of compliance with the
requirement of the referral to Lupon, when the case requires Motion for new trial, reconsideration or reopening of
such referral, it shall be dismissed without prejudice and may trial; not allowed, exception
only be revived after that requirement shall have been
complied with.

However, where the motion for reconsideration against an The plaintiff may ask for a writ for preliminary mandatory
interlocutory order was made, it may be allowed by the injunction within 5 days from the filing of the complaint and
court because what is prohibited is a motion for the same shall be decided within 30 days from the filing
reconsideration against a final judgement (Lucas v. thereof.
Fabros, A.M. No. MTJ-99-1226, January 31, 2000).
This is to prevent the defendant from committing further acts
Also, a motion for reconsideration of a decision dismissing of dispossession. This is also a remedy of the plaintiff to
an action for lack of jurisdiction is not a prohibited motion obtain possession of the premises during the pendency of
the action (Riano, 2012).
under the Revised Rules on Summary Procedure. What
is a motion that seeks reconsideration of a judgement
NOTE: If judgment is appealed to the Regional Trial Court,
rendered by the court after trial on the merits of the case. said court may issue a writ of preliminary mandatory
A dismissal on the ground of lack of jurisdiction is not an injunction to restore the plaintiff in possession if the court is
adjudication on the merits (Joven v. CA, GR No. 80739, satisfied that the defendant's appeal is frivolous or dilatory or
August 20, 1992). that the appeal of the plaintiff is prima facie meritorious (Rule
SECTION 14: AFFIDAVITS
Preliminary mandatory injunction; applies in both
Contents of the affidavit unlawful detainer and forcible entry cases
1. Only facts of direct personal knowledge of the Although Article 539 of the Civil Code provides that
affiants which are admissible in evidence; and preliminary mandatory injunction is only possible in forcible
2. Affiants’ competence to testify to the matters stated entry cases, Rule 70, Section 15 of the RoC made it
therein applicable to both cases in view of B.P. Blg. 129, Section 33.
Violation of the said requirements may subject the party or B.P. Blg. 129, Section 33 states that “provided the main
the counsel to disciplinary action and shall expunge the action is within its jurisdiction, an inferior court can appoint a
inadmissible affidavit or portion thereof from the record. receiver and it has jurisdiction to issue a writ of preliminary
injunction in either forcible entry or unlawful detainer cases”
Testifying based on personal knowledge; competent (Day v. RTC of Zamboanga, GR No. 79119, November 22,
1990).
A person may testify based on what she / he saw or
perceived. The same may only testify based on personal SECTION 16: RESOLVING DEFENSE OF
knowledge. Further, the person must be competent. OWNERSHIP
Liability in case of violation When the court may resolve the issue of ownership:
When the plaintiff alleged a tall tale, the plaintiff may be held 1. When the defendant raised that the issue of
criminally liable. If the lawyer connived with the plaintiff, he ownership
may be sanctioned. 2. When the issue of possession cannot be resolved
without deciding the issue of ownership
No hearing on inferior courts
Inferior courts no longer conduct a hearing for the reception NOTE: The issue of ownership shall be resolved only to
of testimonial evidence under the Revised Rules on determine the issue of possession. Allegations of ownership
Summary Procedure. The adjudication is done based on is not material in ejectment cases. Evidence of ownership will
position papers and affidavits. be allowed only for the court to determine the character and
extent of possession.
SECTION 15: PRELIMINARY INJUNCTION
Ownership determined only to identify possession;
Reason for preliminary mandatory injunction separate action on title may be filed
It is to compel the defendant to prevent committing further Trial courts maintain jurisdiction over ejectment cases even
acts of dispossession. if the question of possession cannot be resolved without
through the issue of ownership.
NOTE: What the plaintiff should file is a motion for the
issuance of a writ of preliminary mandatory injunction and not But ones the court determines the ownership of the property
“preliminary injunction” because such pertains to in an unlawful detainer case, it is only for the sole purpose of
determining the entitlement on the physical possession.
Hence, the determination of ownership is only provisional
No hearing on inferior courts
and does not bar an action between the same parties
involving the title to the land.
Questions to be resolved in an action for forcible
A judgment in forcible entry or detainer case disposes of entry
no other issue than possession and declares only who
has the right of possession, but by no means constitutes 1. Who had actual possession over the real property?
a bar to an action for determination of who has the right 2. Was the possessor ousted therefrom within one
or title of ownership (Javier v. Veridiano, GR No. L- year from the filing of the complaint by force,
48050 October 10, 1994). intimidation, threat, strategy or stealth (F-I-S-T-S)?
3. Does the plaintiff ask for the restoration of his
NOTE: Where the issues in the inferior court do not only possession? (Dizon v. Concina, GR No. L-23756,
raise the question of the possession of the lot but also the
December 27, 1969).
rights of the parties to the building constructed thereon
and for the recovery thereof, jurisdiction is vested in the
Q: A and B, husband and wife filed a case of unlawful
RTC as it is not one for ejectment but for specific
detainer against their tenant, C (a lady) in the MTC.
performance.
However, C is claiming that she cannot be ejected from the
premises because A, the husband, donated such property to
Where, however, the defendant has built substantial her. Will the MTC be deprived of its jurisdiction to hear and
building on the plaintiffs land and there is no dispute as to decide the unlawful detainer case?
the ownership of either said land or building by the parties,
the inferior court does not lose jurisdiction over the A: No. Jurisdiction is dependent upon the allegation of the
ejectment case and can adjudicate the rights of the complaint and not on the allegations raised in the answer of
parties threover in accordance with the Civil Code the defendant.
(Regalado, 2010).
Q: In the same case, the court resolved the issue on
Q: Faye filed an unlawful detainer case against Bryan. ownership, declaring A and B as owners. The court ruled that
After judgement on such case, Faye later on filed an the property is part of the conjugal property of A and B,
accion reindivicatoria against Bryan. Will the action hence, A cannot donate to C because such is void. Will this
prosper? bar the lady C in filing an accion reindivicatoria case against
the husband and wife?
A: Yes. Because even though the MTC determined the
issue on ownership, it is not a bar to resolve the issue on A: No. Even if the MTC resolved the issue on ownership, it
ownership in an accion reindivicatoria. is only for purposes of determining who is entitled to the
possession thereof.
Q: Carmina filed an unlawful detainer case against Faye,
Cases prejudicial to an ejectment suit; abates the
however, Carmina lost. Later on, she filed a case of
latter
accion publiciana. Will her action prosper?
1. Injunction case filed in the RTC by the defendant
A: No. Res judicata sets in this case because the issue
raised in an accion publiciana is one of possession, as the 2. Consignation
one raised in the unlawful detainer case. 3. Accion Publiciana
4. Writ of possession where the ownership is
Q: MC filed a case of unlawful detainer against Rishi coincidentally the principal issue before the RTC
because the latter did not pay her rent. Rishi did not 5. Action for quieting of title
consign her rent to the court where the unlawful detainer
case was pending. Can Rishi file a separate case for Defense of tenancy
consignation?
The mere assertion of tenancy as a defense does not ipso
A: No. Rishi should have raised that in the unlawful facto deprive the court of jurisdiction over an ejectment case.
detainer case. The jurisdiction of the court is determined by the allegations
of the complaint and is not dependent upon the defenses set
NOTE: The Rules on Summary Procedure applies in the upon by the defendant (Riano, pg. 356)
MTC but not on the RTC. If the MTC decided a case and
an appeal was made to the RTC, the Rules of Procedure Non-acceptance of payment by the lessor; not a
for RTCs will govern. defense
Thus, even if a motion for reconsideration is a prohibited The failure of the owners to collect, or their refusal to
pleading under Revised Rules on Summary Procedure, a accept the rentals are not valid defenses. Article 1256 of
motion for reconsideration under Rule 37 may be filed from the Civil Code provides that if the creditor to whom tender
a decision of the RTC when such acted in its appellate of payment has been made refuses without just cause to
jurisdiction. accept it, the debtor shall be released from responsibility

by the consignation of the thing or sum due (Cursino v. such unlawful deprivation or withholding of possession (Lim
Bautista, GR No. L-50335, August 7, 1989). Keih Tong v. CA, G.R. No. 93451, March 18, 1991).
NOTE: The landlord, vendor or vendee is not supposed to take

Party in possession shall no be thrown out by
the law in their own hands.
violence
Action for annulment of contract and unlawful
The only question that the courts must resolve in
detainer; may proceed separately
ejectment proceedings is-who is entitled to the physical
possession of the premises, that is, to the possession de
The issue of physical possession in the action for unlawful
facto and not to the possession de jure. It does not even detainer cannot be identical with the issues of ownership and
matter if a party's title to the property is questionable, or validity of contract in the action for annulment. From these
when both parties intruded into public land and their essential differences, the lack of required identity in the
applications to own the land have yet to be approved by causes of action for litis pendentia to exist cannot be denied.
the proper government agency. Regardless of the actual Since the causes of action in the subject case for unlawful
condition of the title to the property, the party in peaceable detainer and annulment of lease contract are entirely
quiet possession shall not be thrown out by a strong hand, different, a judgment in one case would not amount to res
violence or terror. Neither is the unlawful withholding of judicata in the other. Both cases may proceed separately and
property allowed. Courts will always uphold respect for independently (Quito v. Stop & Save Corp., GR No.
prior possession (Floyd and Calixtro vs. Gonzales, G.R. 186657, June 11, 2014).
No. 169047, November 3, 2008).
SECTION 17: JUDGEMENT
Q: M is the owner of a land. B entered the land of M and
stayed as an informal settler. M wants to recover the If the court finds the allegations true
premises of the land. What action should M file?
1. It shall render judgement in favor of the plaintiff for
A: It depends. If M filed it 1 year after the dispossession the restitution of the premises; and
of the property by B, then M should file accion publiciana 2. Payment of the sum justly due as arrears for rent or
against B. However, if M filed it within 1 year from the as a reasonable compensation for the use and
dispossession of the premises, then M can file an action occupation of the premises, attorney’s fees and
for forcible entry. costs
Recovery of rent, not possession NOTE: The court can award the sum justly due, regardless
of the amount because it is considered as the reasonable
An action for small claims may be filed if the owner is compensation for the use and occupation of the defendant
merely claiming for the rent or reasonable compensation on the premises.
for the use or occupation of the premises as long as the
monetary claim is less than ₱400,000 in Metro Manila and If the court finds that the allegations are not true
₱300,000 in other provinces or municipalities.
If the allegations of the defendant were found true,
When the MTC has no jurisdiction judgement is for the recovery of the costs.
The petitioner filed an illegal dismissal case before the If a counterclaim is established, the court shall render
MTC, however, it is well-settled that where a complaint judgement for the sum found in arrears from either party and
arises from the failure of a buyer [of real property] on award costs as justice requires.
installment basis to pay based on a right to stop monthly
amortizations under Presidential Decree No. 957, as in NOTE: The counterclaim must be within the jurisdiction of the
MTC.
the case at bench, the determinative question is
exclusively cognizable by the Housing and Land Use
The court can only award the following damages
Regulatory Board and not the MTC (Francel Realty
Corporation v. Sycip, GR No. 154684. September 8, 1. The fair and reasonable value of the use and
2005).
enjoyment of the property or the rent arising from
the loss of possession; or
Rule 70; available relief for lessees
2. Liquidated damages when they form part of the
Unlawful detainer and forcible entry is not only available to a contract
landlord, vendor, or vendee, but also to a lessee or tenant or any
other person against whom the possession of any land or NOTE: Moral damages (besmirched reputation, mental
building, or a part thereof, is unlawfully withheld, or is otherwise anguish and sleepless nights) cannot be awarded
unlawfully deprived possession thereof, within one (1) year after because it is not considered as a reasonable
compensation for the use and occupation of the premises.
An action for ejectment is not abated by the death of the 1. A sublessee is bound by the judgment against the
defendant as the question of damages must be adjudicated lessee because his right to the premises is merely
(Regalado, 2010). subsidiary to that of the lessee;
2. A guest or a successor in interest, the members of
Damages caused on land and building; file in separate
the family of the lessee or his servants and
action
employees are likewise bound by the judgment
Physical damages on the premises cannot be claimed in an even if not impleaded in the suit for ejectment;
action for unlawful detainer or forcible entry because it is not 3. Trespassers, squatters or agents of the defendant
a reasonable compensation on the use of the premises. The fraudulently occupying the property to frustrate the
lessor or owner must file a separate ordinary action to ask judgment; and
for damages. 4. Transferees pendente lite, sublessees and other
Plaintiff cannot claim moral damages; defendant may privies of the defendant (Sunflower Neighborhood
claim such on counterclaim Association v. CA, G.R. No. 136274, September
3, 2003).
Plaintiff cannot claim damages other than that of the
reasonable use and occupation of the premises. However, NOTE: The plaintiff, in ejectment cases, is entitled to
the defendant may claim damages by way of a counterclaim damages caused by his loss of the use and possession of
as long as it is within the jurisdictional amount of the MTC the premises, but not for damages caused on the land or
(not exceeding ₱300,000 or ₱400,000 if within Metro building, which latter items of damages should be recovered
Manila). by plaintiff, if he is the owner, in an ordinary action (Santos
v. Santiago, 38 Phil. 575).
Reasonable compensation for forcible entry
However, it has been held that plaintiff can recover from
The plaintiff may ask for reasonable compensation for the defendant liquidated damages stipulated in the lease
use and occupation of the premises by showing evidence of contract (Gozon v. Vda. De Barrameda, G.R. No. 17473,
the estimate amount of rent (e.g.: by asking neighbors who June 30, 1964).
reside within the vicinity to execute an affidavit stating the
reasonable rate of rent). Q: M rented the property of B. M subleased one of the rooms
in B’s property in favor of C. Later on, an ejectment suit was
Liquidated damages filed by B against M and the latter lost. C is claiming that she
is not included in the case against M and insisted to stay in
If the contract of lease states a provision involving liquidated the premises. Is C’s contention correct?
damages, the court may award such as it is pursuant to the
lease contract. (Azcuna Jr., v. CA, GR No. 116665, March A: No. The right of the sublessee flows from the right of M.
20, 1996) Since M lost her right of possession in B’s property, it follows
that C also lost her right on the room she is renting. Further,
Inferior courts may adjudicate and award damages more the lessor B, cannot sue the sublessee C because there is
than their jurisdictional limit no privity of contract between them. In entering a sublease
agreement, the sublessee cannot acquire any right higher
MTCs may award actual damages beyond the jurisdictional than the main lessee.
limit in ordinary civil actions because the reason of the
monetary award is immaterial to the jurisdiction. The Profits, not included in damages to be awarded
principal relief is the restoration of possession and grant of
damages by way of reasonable use and compensation of the While damages may be adjudged in forcible entry and
premises. detainer cases, these "damages" mean "rents" or "the
reasonable compensation for the use and occupation of the
NOTE: Damages other than reasonable rentals or fair rental premises." Profits which the plaintiff might have received
value are not recoverable by the plaintiff. Reasonable were it not for the forcible entry or detainer do not represent
attorney’s fees may be allowed if the provisions of Art. 2208 a fair rental value (Baens v. CA, Seng, GR No. L-57091
of the Civil Code are applicable (Regalado, 2010). November 23, 1983).
Binding of judgement SECTION 18: JUDGEMENT CONCLUSIVE ONLY ON

POSSESSION: NOT CONCLUSIVE IN ACTIONS
GR: Judgement on an ejectment case is binding only upon INVOLVING TITLE OR OWNERSHIP
the parties properly impleaded and given an opportunity to
be heard. The judgment rendered in an action for forcible entry or
detainer shall be conclusive with respect to the
XPNs: It becomes binding on anyone who has not been possession only and shall not bind the title or affect the
impleaded in certain instances as follows: ownership of the land or building. Such judgment shall not
bar an action between the same parties respecting title to the NOTE: In unlawful detainer, the amount of the bond and
land or building (Rule 70, Section 18, RoC). periodic deposit of rentals shall be that stated in the lease
contract.
No res judicata in unlawful detainer or forcible entry and
accion reindivicatoria In forcible entry, the amount of the bond and the amount to
be deposited shall be the reasonable value of the use and
As to the issue of ownership, any resolution of the MTC is occupation of the premises as determined by the court.
only for the purposes of determining who is entitled to the
possession of the premises. All the three requirements must concur. Non-compliance with
any one of the foregoing shall render the judgement
Where to appeal immediately executory.
In case of an unfavorable judgement, the plaintiff or Discretionary execution; does not apply
defendant may appeal to the RTC acting as an appellate
court. Rule 39, Section 2 of the RoC does not apply in an action for
unlawful detainer or forcible entry because the judgement of
When to appeal the MTC is immediately executory (San Manuel Wood
Products v. Tupaz, A.M. No. MTJ-93-892, October 25,
Appeal must be done 15 days upon the receipt of the 1995).
decision. The appellant must pay the docket fee.
EXECUTION PENDING EXECUTION PENDING
Appeal on pure question of law APPEAL UNDER APPEAL UNDER
RULE 39, SECTION 2 RULE 70, SECTION 19
The judgement of the RTC is appealable to the CA if the Applies in ordinary civil Applies in actions for
issue involves question of facts, law or both (Rule 42, RoC). actions unlawful detainer and
forcible entry
Case will be decided based on the entire record
Discretionary upon the Ministerial on the part of
In the exercise of its appellate jurisdiction, the RTC shall trial court the trial court
decide the appeal of the judgment of the MTC in unlawful The prevailing party must Upon the non-compliance
detainer or forcible entry cases on the basis of the entire file a motion to execute of the defendant on the
record of the proceedings had in the court of origin and such the judgement pending three requisites of
memoranda and/or briefs as may be required by the RTC. appeal. perfection of appeal, bond
There is no trial de novo of the case (Manalang v. Bacani, and deposit, the
GR No. 156995, January 12, 2015). judgement is
automatically executed
SECTION 19: IMMEDIATE EXECUTION OF pending appeal.
JUDGEMENT; HOW TO STAY SAME The prevailing party must Proof of good cause or
prove good reasons for reason is not required
A judgment on forcible entry and detainer case is the court to grant
immediately executory to avoid injustice to a lawful execution pending appeal
possessor, and the court’s duty to order the execution is
practically ministerial (Riano, pg. 362, 2019). Supersedeas bond, purpose
GR: The judgement of the MTC against the defendant in an The bond shall answer for the rents, damages and costs
ejectment proceeding is immediately executory. accruing down to the time of judgement of the inferior court
appealed from. The filing of such bond is mandatory to stay
XPN: The defendant may stay the execution when the the judgement of the MTC.
following concur:
NOTE: Attorney’s fees shall not be covered by the
1. The defendant perfects his appeal supersedeas bond.
2. The defendant files sufficient supersedeas bond to
pay the rents, damages and costs accruing down to When supersedeas bond is not required
the time of judgement; and
3. The defendant makes periodical deposits of the 1. When the monetary award in the judgement of
amount of rent due from time to time, with the the inferior court has been deposited with the
appellate court during the pendency of the appeal; court; or
or in the absence of a contract, the reasonable value 2. When the judgement of the lower court or MTC
of the use and occupation of the premises did not make findings with respect to any amount
in arrears, damages or costs against the

defendant (Once v. Gonzales, GR No. L-44506, 3. When the defendant has vacated the premises and
March 31, 1977). is no longer in occupancy.
Where to file the supersedeas bond; form Deposit; lessor can withdraw
The bond shall be filed in the MTC and such will be All amounts paid to the appellate court shall be deposited
transmitted to the RTC to which the action is appealed. with the court or authorized government depositary bank and
Since an appeal against the judgement in an unlawful shall be held there until the final disposition of the appeal.
detainer or forcible entry case is considered as an
The lessor can withdraw the supersedeas bond or the
ordinary appeal, all the records will be brought to the RTC amount deposited in the court, provided that:
acting as an appellate court, including the supersedeas
bond. 1. It was done with the approval of the court; or
2. It was done by agreement of the parties; or
NOTE: The RTC in its discretion and upon good cause
3. In the absence of reasonable grounds of opposition
shown, may allow the defendant to file the bond before it.
to a motion to withdraw.
The supersedeas bond may be in cash or in surety.
Failure of defendant to pay monthly deposit or
Deposit; purpose supersedeas bond
When the defendant failed to deposit monthly rentals or

The monthly deposit shall insure that payment of rentals
supersedeas bond during the pendency of appeal, there will
accruing after the judgement of the inferior court until final be immediate execution with respect to the restoration of the
judgement on appeal. The amount is determined by the possession.
inferior court as stated in the judgement and not by the
appellate court. NOTE: Such execution shall not be a bar to the appeal taking
its course until the final disposition thereof on the merits.
NOTE: The RTC has no power to reduce or increase the
amount fixed by the inferior court as reasonable rent or Example: S deposited a supersedeas bond and her monthly
use of the premises. rentals. She was able to pay the rental for the first
succeeding month. However, the rental for the second month
When deposits must be made was not paid.
1. The deposits must be made on the day stipulated The plaintiff may file a motion before the appellate court for
in the contract between the plaintiff and the immediate execution and upon order of the court, the
defendant will be dispossessed. The property will be turned
defendants; or over to the plaintiff without prejudice to the continuation of
2. If there is no contract between the parties, the the appeal.
deposit must be made on or before the 10th day
of each succeeding month or period. (Vda. De Order for issuance of writ of execution; interlocutory
Ampil v. Alvendia, GR No. L-19761, April 30,
An order for the issuance of a writ of execution to
1964) immediately enforce judgement of the inferior court is
interlocutory and therefore not appealable.
NOTE: Even though the lease contract is oral, the date
agreed upon by the parties must be followed. Delay of plaintiff to apply for immediate execution; not a
waiver; exception
Further, the MTC cannot set a different period for the
payment of deposit other than what is stipulated in the Mere delay of the plaintiff to apply for immediate execution
contract, or in the absence thereof, the period stated in Rule due to the default of deposit rentals does not constitute a
70, Section 19 which is the 10th day of each succeeding waiver of right to immediate execution.
month (Ibid).
But if plaintiff accepted belated payment, then plaintiff shall
When monthly deposits are not required: be deemed to have waived his right to immediate execution.
1. When the MTC failed to fix the reasonable However, if the defendant paid his rentals but did not vacate,
compensation on the rentals, monthly deposits are the acceptance by the former of the lessees' back rentals did
not required because the RTC does not have the not constitute a waiver or abandonment of their cause of
power to supply the deficiency on appeal. action for ejectment against the latter (Sps. Clutario v. CA,
2. When the judgement of the MTC is only for other G.R. No. 76656, December 11, 1992).
items of damages.
NOTE: In this case, if the lessee paid his back rentals, the 2. Pending appeal if the court is satisfied that the
lessor may only file a case of unlawful detainer for the defendant’s appeal is frivolous or dilatory or that the
lessee to vacate. Supersedeas bond is no longer required appeal of the plaintiff is prima facie
as the rental in arrears was already paid by the lessee.
SECTION 21: IMMEDIATE EXECUTION ON APPEAL
Removal or demolition of improvements; not allowed TO COURT OF APPEALS OR SUPREME COURT
without special order of court
Judgement of appellate court; when plaintiff wins
In the execution of judgement in ejectment cases, the
provisions of Rule 39, Section 10-d, to the effect that no After the case has been decided by the RTC, and the
improvement shall be destroyed, demolished or removed judgement is in favor of the plaintiff, any money paid by the
except by a special order by the court, is to be observed. defendant for the purposes of staying execution shall be
disposed of in accordance with the provisions of the
Other judgements which are immediately executory judgement of the RTC (Rule 70, Section 19, RoC).
1. Injunction NOTE: When the plaintiff wins on appeal or the RTC affirmed
2. Receivership the decision of the MTC in favor of the plaintiff, the judgement
of the RTC will be immediately executory even if the
3. Accounting defendant will file a petition for review pursuant to Rule 42.
4. Support (Rule 39, Section 4, RoC)
5. Execution of judgement that was appealed to the Judgement of appellate court; when defendant wins
CA from a quasi-judicial agency (Rule 43,
Section 12, RoC) In any case where it appears that the defendant has been
deprived of the lawful possession of land or building pending
6. Execution pending appeal when there is failure to the appeal by virtue of the execution of the judgement of the
comply with the requirements of perfection of MTC, and the defendant wins, damages for such deprivation
appeal, supersedeas bond and deposit (Rule 70, of possession and restoration of possession may be allowed
Section 19, RoC) the defendant in the judgement of the RTC disposing the
appeal (Ibid).
7. When the RTC’s judgement on an unlawful
detainer or forcible entry case is appealed to the NOTE: If the MTC judgement is in favor of the defendant and
CA or SC (Rule 70, Section 21, RoC) the such is favorable upon the defendant’s counterclaim, the
judgement is not immediately executory. The judgement may
Rule 70, Section 19 requirements still applies even if only be executed after the expiration of the period to file an
lessor was the one who appealed appeal.
The requirements under this section can apply even if it is RTC’s execution of judgement; ministerial
the lessor who appeals in the sense that, if the lessee
The judgement of the RTC shall not be stayed by the mere
desires to prevent execution pending appeal, he (the
continuing deposit of the defendant of the monthly rentals
lessee) must still file the supersedeas bond and deposit
during the pendency of the case in the CA or SC. It is the
in court the accruing rentals. Why should the lessee
ministerial duty of the RTC, acting as an appellate court, to
continue occupying the premises without filing the immediately execute its decision.
supersedeas bond and making the necessary deposit for
ensuing rentals (particularly when, by his failure to appeal, Preliminary injunction on the writ of execution; allowed
the lessee does not question said accrued and incoming
rents)? (City of Manila v. CA, GR No. L-42364 April 9, On appeal, the appellate court may stay the writ of execution
1987). should circumstances require. Even though the judgement of
the RTC in ejectment cases are immediately executory, a
SECTION 20: PRELIMINARY MANDATORY preliminary injunction on the writ of execution is still allowed.
INJUNCTION IN CASE OF APPEAL
Non-compliance with a requirement from a relevant law
The RTC may issue a writ of preliminary mandatory will be a ground for the dismissal of the case.
injunction on motion of plaintiff within 10 days from the
perfection of the appeal. A complaint for unlawful detainer was dismissed on account
There are two instances when preliminary mandatory of the failure of the seller to comply with the provisions of
injunction can be availed of by the plaintiff under Rule 70: Maceda Law on the cancellation of the contract to sell.
1. Immediately upon filing of the complaint before Q: Carmina bought a subdivision lot from Kim by virtue of
judgement (Rule 70, Section 15, RoC) a contract to sell and the former immediately occupied it.
Carmina paid the installments for the first months but later
on, she defaulted in her monthly payments. What action exercised. Such power, being drastic and extraordinary in its
should Kim, the subdivision lot seller, file? nature, should not be resorted to unless necessary in the
interest of justice (Riano, pg. 368, 2019).
A: Kim can file a case of unlawful detainer against
Carmina because the latter has no right to possess as she The courts have inherent power to impose a penalty for
defaulted in paying her monthly installments. contempt that is reasonably commensurate with the gravity
of the offense. The degree of punishment lies within the
Q: In the same situation, Kim filed an unlawful detainer sound discretion of the courts. Ever mindful that the inherent
power of contempt should be exercised on the preservative,
against Carmina by virtue of a demand letter, ordering
not on the vindictive, principle, and that the penalty should
Carmina to vacate the said premises. However, Kim was
be meted according to the corrective, not the retaliatory, idea
not able to give a notice of cancellation of the contract to of punishment, the Court must justly sanction the contempt
sell to Carmina. Will Kim’s action for unlawful detainer of court committed by the petitioner and its counsel (Fortune
prosper? Life vs. COA, GR No. 213525, November 21, 2017).
A: No. The cancellation of the contract by the seller must Purpose and nature of contempt proceedings
be in accordance with Sec. 3 (b) of R.A. No. 6552
(Maceda Law), which requires: Contempt proceedings have a dual function:
1. Vindication of public interest by punishment of
1. A notarial act of rescission; and contemptuous conduct; and
2. The refund to the buyer of the full payment of the 2. Coercion to compel the contemnor to do what the
cash surrender value of the payments on the law requires him to uphold the power of the Court,
property. and also to secure the rights of the parties to a suit
awarded by the Court (Riano, pg. 368, 2019).
Actual cancellation of the contract takes place after 30
days from receipt by the buyer of the notice of cancellation SECTION 1: DIRECT CONTEMPT PUNISHED
or the demand for rescission of the contract by a notarial SUMMARILY
act and upon full payment of the cash surrender value to
the buyer (Pagtalunan v. Dela Cruz, G.R. No. 147695, Specific acts punishable as direct contempt
September 13, 2007). 1. Any of the following acts constitutes direct
contempt:
NOTE: Both of the requisites enumerated must concur. a. Misbehavior in the presence of or so near
Without such compliance, the rescission will not take a court as to obstruct or interrupt the
place and the case for unlawful detainer will be dismissed. proceedings before the same;
Mere demand letter will not suffice (Ibid). b. Disrespect toward the court;
c. Offensive personalities toward others;
d. Refusal to be sworn or to answer as a
RULE 71 – CONTEMPT
witness; and
e. Refusal to subscribe an affidavit or
Meaning of contempt of court deposition when lawfully required to do
so (Rule 71, Section 1, RoC).
Contempt of court is defined as a willful disregard or 2. The acts of a party or a counsel which constitute
disobedience of a public authority.
willful and deliberate forum shopping (Rule 7,
Section 5, RoC).
In its broad sense, contempt is a disregard of, or
disobedience to, the rules or orders of a legislative or judicial
3. A pleading containing derogatory, offensive and
body or an interruption of its proceedings by disorderly malicious statements if submitted in the same
behavior or insolent language in its presence or so near court or judge in which the proceedings are
thereto as to disturb its proceedings or to impair the respect pending (Riano, pg. 370, 2019).
due to such a body. NOTE: No formal proceedings are required to cite a
person in direct contempt. The court may summarily
In its restricted and more usual sense, contempt adjudge one in direct contempt without a hearing. But
comprehends a despising of the authority, justice, or dignity there must be adequate facts to support a summary order
of a court (Riano, pg. 366, 2019). for contempt in the presence of the court (Riano, pg. 370-
371, 2019).
Contempt power is inherent in courts
The power to punish for contempt is inherent in all courts, Contemptuous statements made in the pleadings filed
and need not be specifically granted by statute. with the court constitute direct contempt. if the pleading
containing derogatory, offensive or malicious statements
NOTE: Such power should be exercised on the preservative, is submitted in the same court or judge in which the
not on the vindictive, principle. Only in cases of clear and proceedings are pending, it is direct contempt because it
contumacious refusal to obey should the power be is equivalent to a misbehavior committed in the presence
of or so near a court or judge as to interrupt the
administration of justice (Pascua v. Heirs of Simeon, GR Pending the resolution of the petition for certiorari or
No. L-47717, May 02, 1988, Ang v. Castro, GR No. L- prohibition, the execution of the judgment for direct contempt
66371, May 15, 1985). shall be suspended. The suspension, however, shall take
place only if the person adjudged in contempt files a bond
Penalties for direct contempt fixed by the court which rendered the judgment.
1. The penalty for direct contempt depends upon the
court against which the act was committed. NOTE: The bond is conditioned upon his performance of the
judgment should the petition be decided against him (Rule
a. If the act constituting direct contempt was
committed against a Regional Trial Court
or a court of equivalent or higher rank,
SECTION 3: INDIRECT CONTEMPT TO BE
the penalty is a fine not exceeding two
PUNISHED AFTER CHARGE AND HEARING
thousand pesos or imprisonment not
exceeding 10 days, or both (Rule 71,
Indirect Contempt
Section 1, RoC).
b. If the act constituting direct contempt was These are acts not committed in front of the judge and can
committed against a lower court, the only be punished after a hearing.
penalty is a fine not exceeding two
hundred pesos or imprisonment not Specific Acts Constituting Indirect Contempt:
exceeding 1 day, or both (Rule 71,
Section 1, RoC). 1. Misbehavior of an officer of a court in the
2. If the contempt consists in the refusal or omission performance of his official duties or in his official
to do an act which is yet within the power of the transactions;
respondent to perform, he may be imprisoned by 2. Disobedience or resistance to a lawful writ, process,
order of the court concerned until he performs it order or judgment or any unauthorized intrusion to
(Rule 71, Section 8, RoC). any real property after being ejected;
Criticism must not spill over the walls of decency In cases of disobedience of or resistance to unlawful
writ, process, order or judgments, the following
It is the cardinal condition of all such criticism that it shall must be present:
be bona fide, and shall not spill over the walls of decency
and propriety. A wide chasm exists between fair criticism, a. Order must be specific;
on the one hand, and abuse and slander of courts and the b. Order must be lawful; and
c. Disobedience should be willful.
judges thereof, on the other. Intemperate and unfair
criticism is a gross violation of the duty of respect to 3. Any abuse or any unlawful interference with the
courts. It is such a misconduct that subjects a lawyer to proceedings not constituting direct contempt;
disciplinary action. (Lorenzo Shipping Corporation vs. 4. Any improper conduct tending, directly or indirectly,
Distribution Management Association of the to impede, obstruct, or degrade the administration
Philippines, GR No. 155849, August 31, 2011) of justice;
5. Assuming to be an attorney or an office of the court
Snide remarks; no substantive evil to warrant without authority;
contempt 6. Failure to obey a subpoena duly served; and
7. Rescue, or attempted rescue, of a person of
Snide remarks or sarcastic innuendoes do not necessarily property in the custody of an officer by virtue of an
assume that level of contumely which is actionable under order or process of a court held by him.
Rule 71 of the Rules of Court. […] It has not been shown
that there exists a substantive evil which is extremely Respondent should be:
serious and that the degree of its imminence is so
exceptionally high as to warrant punishment for contempt 1. Given an opportunity to comment on the charge
and sufficient to disregard the constitutional guaranties of within such period fixed by the court; and
free speech and press (Judge Eustaquio Gacott, Jr. vs. 2. Heard thereon by himself or counsel.
Mauricio Reynoso, Jr., G.R. Nos. 115908-09, March 29,
Procedural requisites for Indirect Contempt
1995).
Proceedings:
SECTION 2: REMEDY THEREFROM 1. A charge in writing or an order of the court to appear
and explain; and
A person adjudged in direct contempt may not appeal 2. An opportunity for the respondent to comment on
therefrom. His remedy is a petition for certiorari or the charge and to appear and explain his
prohibition directed against the court which adjudged him in
conduct.
direct contempt.
RATIONALE: The grounds are not committed in front of EXAMPLE: AA filed a motion for reconsideration:
the judge. “Plaintiff most respectfully request your Honorable Court
to reconsider this order because the order is a
NOTE: Respondent in a contempt charge is not required manifestation of the Judge’s ignorance/lack of judicial
to file a formal answer similar to that of an ordinary civil intellect.” AA will be cited indirect contempt if said
action, instead the court must set the date for which the pleading be submitted to the said Judge.
respondent to appear before the court and answer the
charge, pursuant to Section 4. In another case, AA stated in the petition for certiorari, AA
stated that the lower court acted in grave abuse of
If the respondent fails to appear without a justifiable discretion amounting to lack or excess of jurisdiction, and
reason, then the court may order his arrest, pursuant to in the Court of Appeals, AA called the lower court judge a
Section 9. “moron,” AA will be cited indirect contempt.
Indirect contempt, how initiated Note that in the two cases whether the contemptuous
motion or pleading was filed with the same Judge or to
Indirect contempt proceedings may be initiated only in two another Judge, AA was still cited indirect contempt.
ways:
1. motu proprio by the court; or Writ of Execution or Possession Addressed to Sheriff
2. through a verified petition and upon compliance
with the requirements for initiatory pleadings. A person cannot be punished for alleged disobedience of an
order of the court, such as a writ of execution directing the
NOTE: Procedural requirements as outlined must be sheriff to place the plaintiff in possession of the property held
complied with (Regalado v. Go, GR No. 167988, by said person. Said writ is addressed to the sheriff and not
February 6, 2007). the plaintiff as it is the sheriff who must perform his duty
(Lipata v. Tutaan, G.R. No. L-61643, September 29, 1983).
Failure to appear in court
Note that the writ of possession was directed not to
petitioners, but to the sheriff for him to deliver the properties
Failure to appear in court for trial is not a direct contempt, to respondents. As the writ did not command the petitioners
summarily punishable under Section 1 of Rule 71 of the to do anything, they cannot be held guilty of "disobedience
New Rules of Court, for it is not a misbehavior in the of or resistance to a lawful writ, process, order, judgment or
presence of or so near a court or judge as to interrupt the command of a court." (Pascua v. Simeon, G.R. No. L-47717
administration of justice. It may, however, constitute an May 2, 1988).
indirect contempt (People v. Torio et al., G.R. No. L-
27152 November 2, 1982). Re-entry of adverse party who was evicted
Use of falsified and forged documents Where, by virtue of a judgment or order of a competent court,
a litigant has been placed in possession of real property, the
The use of falsified and forged documents is a re-entry of the adverse party who was evicted therefrom
contumacious act. However, it constitutes indirect constitutes contempt and there is no time limit in which re-
contempt not direct contempt. Pursuant to the above entry constitutes contempt (Medina v. Garces, G.R. No. L-
provision, such act is an improper conduct which 25923, July 15, 1980).
degrades the administration of justice. Where the falsity
of the document is not apparent on its face, merely The act of re-entry by a party into the land from which he was
constitutes indirect contempt, and as such is subject to ordered by the court to vacate may be punished for contempt
of court even after the lapse of the judgment. The re-entry is
such defenses as the accused may raise in the proper
clearly a defiance of the authority of the court (Patagan v.
proceedings (Español v. Formoso, G.R. No. 150949,
Panis, G.R. No. L-55730, April 8, 1988 citing Benedicto v.
June 21, 2007). Canada, G.R. No. L-20292, November 27, 1967).
Contemptuous Pleadings, When Indirect Contempt Court’s orders
The use of disrespectful or contemptuous language If the court has jurisdiction when it rendered judgment, the
against a particular judge in pleadings presented in same cannot be disobeyed however erroneous it may be
another court or proceeding is indirect, not direct, (Santos v. CA, G.R. No. L-56614, July 28, 1987).
contempt as it is not tantamount to a misbehavior in the
presence of or so near a court of judge as to interrupt the In special judgments under Rule 39, Sec. 11, the person
administration of justice (Antonio Guerrero v. Hon. required by the judgment to obey the same may be
Judge Villamor, G.R. No. 82238-42, November 13, punished for contempt if he disobeys.
1989).
No contempt however lies in judgments for money (Sec. Proceedings against attorneys must be kept
9) and judgments for specific acts (Sec. 10) under Rule confidential; non-observance will result to contempt
39. of court
Violation of the confidentiality rule in disbarment Proceedings against attorneys shall be private and
proceedings confidential. However, the final order of the Supreme
Court shall be published like its decisions in other cases.
Atty. Quinsayas is bound by Section 18, Rule 139-B of the The purpose of the rule is not only to enable this Court to
Rules of Court both as a complainant in the disbarment make its investigations free from any extraneous
case against petitioner and as a lawyer. As a lawyer and influence or interference, but also to protect the personal
an officer of the Court, Atty. Quinsayas is familiar with the and professional reputation of attorneys and judges from
confidential nature of disbarment proceedings. However, the baseless charges of disgruntled, vindictive, and
instead of preserving its confidentiality, Atty. Quinsayas irresponsible clients and litigants; it is also to deter the
disseminated copies of the disbarment complaint against press from publishing administrative cases or portions
petitioner to members of the media which act constitutes thereto without authority.
contempt of court (Fortun v. Quinsayas, G.R. No.
194578, February 13, 2013). Atty. Quinsayas, however, failed to preserve the
confidentiality rule. Instead of preserving its
Refusal to relinquish properties; not constitute confidentiality, Atty. Quinsayas disseminated copies of
contempt; sheriff should seek the aid of police the disbarment complaint against petitioner to members
of the media which act constitutes contempt of court.
The mere refusal or unwillingness on the part of (Philip Sigfrid Fortun vs. Prima Jesusa Quinsayas,
petitioners to relinquish the properties would not GR No. 194578, February 13, 2013).
constitute contempt.
SECTION 4: HOW PROCEEDINGS COMMENCED
The proper procedure if the petitioners refuse to deliver
possession of the lands is not for the court to cite them for Due to its primitive aspect, contempt proceeding is in the
contempt but for the sheriff to dispossess them of the nature of a criminal action, hence procedural and evidentiary
premises and deliver the possession thereof to the rules of criminal action are applied as far as practicable.
respondents. Doubts shall always be resolved in favor of the person
charged with contempt.
However, if subsequent to such dispossession., The mode of procedure and rules of evidence in indirect
petitioners enter into or upon the properties for the contempt proceedings are assimilated to criminal
purpose of executing acts of ownership or possession or prosecutions. The court does not declare the respondent in
in any manner disturb the possession of respondents, a contempt charge in default (Bruan v. People of the
then and only then may they be charged with and Philippines, G.R. No. 149428, June 4, 2004).
punished for contempt (Pascua v. Simeon, GR No. L-
47717, May 2, 1988). Two modes of Commencing a Proceeding for Indirect
Contempt:
Falsified documents; indirect contempt
1. An order or other formal charge by the court against
which the contempt has been committed requiring
The use of falsified and forged documents is a the respondent to show cause why he should not be
contumacious act. However, it constitutes indirect punished for contempt (motu propio);
contempt not direct contempt. Pursuant to Sec. 3 Rule 71,
such act is an improper conduct which degrades the The first procedure applies only when the indirect contempt
administration of justice. is committed against a court or judge possessed and clothed
with contempt powers.
The imputed use of a falsified document, more so where
the falsity of the document is not apparent on its face, NOTE: This gives the respondent an opportunity to be heard.
merely constitutes indirect contempt, and as such is
subject to such defenses as the accused may raise in the EXAMPLE: Plaintiff’s counsel did not arrive; the judge
proper proceedings. issued an order stating that the plaintiff’s counsel was
informed of the hearing and the said counsel was not in
court without any justifiable cause. The order was issued
Thus, following Section 3, Rule 71, a contemner may be requiring the counsel to explain in writing why he should
punished only after a charge in writing has been filed, and no be cited in contempt.
an opportunity has been given to the accused to be heard
by himself and counsel. (Español v. Formoso, GR No.
150949, June21, 2007)
2. A verified petition charging indirect contempt with Regional Trial Court regardless of the
supporting particulars and certified true copies of imposable penalty.
the necessary documents and papers and must 2. Indirect contempt against the Supreme which it
contain a certification against forum shopping may cause to be investigated by a prosecutor,
(independent action). with the corresponding charge to be thereafter
filed in and tried by a Regional Trial Court, or for
The second mode applies if the contemptuous act was hearing and recommendation where the charge
committed not against a court or a judicial officer with involves questions of fact. (Regalado, pg. 123,
authority to punish contemptuous acts (Nazareno v. 2010)
Barnes, G.R. No. L-59072, April 25, 1985).
COMMITTED AGAINST WHERE TO FILE
NOTE: This is a separate action, an initiatory pleading for WHOM
indirect contempt. The verified petition is filed with all the If committed against the The charge may be filed
requirements of an initiatory pleading. RTC or a court of with such court.
equivalent or higher rank
If the contempt charges arose out of or are related to a or against an officer
principal action pending in the court, the petition for contempt
appointed by it.
shall allege that fact but said petition shall be docketed,
heard and decided separately, unless the court in its If committed against a The charge may be filed:
discretion orders the consolidation of the contempt charge lower court 1. With RTC of the
and the principal action for joint hearing and decision. place in which the
lower court is
EXAMPLE: The husband did not give support (support sitting; or
pendete lite). The main case arose from a case pending from 2. The proceedings
the RTC acting as a Family Court. Pursuant to Rule 39, may also be
Section 11, the wife can file for petition to cite the husband instituted in such
guilty for indirect contempt. lower court
subject to appeal
The wife filed to a second court a petition to cite him for to the RTC.
indirect contempt for failing to pay the support. To If committed against The charge shall be filed
consolidate the case (so that only one court may hear the persons or entities in the RTC of the place
issues), the wife will file a motion in the second court to exercising quasi-judicial wherein the contempt was
consolidate it with the original court from which the contempt functions committed (Bar Matter
action arose. In effect, there will be a joint hearing and No. 803, July 21, 1998).
decision.
Sections 4 and 5, Rule 71 of the ROC state, respectively,
Henceforth, except for indirect contempt proceedings
that “proceedings for indirect contempt may be initiated motu
initiated motu proprio by order of or a formal charge by the
proprio by the court against which the contempt was
offended court, all charges shall be commenced by a verified
committed” and “where the charge for indirect contempt has
petition with full compliance with the requirements therefore
been committed against a Regional Trial Court or a court of
and shall be disposed in accordance with the second
equivalent or higher rank, or against an officer appointed by
paragraph of this section (Regalado v. Go, G.R. No.
it, the charge may be filed with such court.”
167988, February 6, 2007).
Contempt proceedings are sui generis and are triable only
The Procedural Requisites Before the Accused may be
Punished for Indirect Contempt: by the court against whose authority the contempts are
charged; the power to punish for contempt exists for the
1. A charge in Writing to be filed; purpose of enabling a court to compel due decorum and
2. An opportunity for the person charged to appear and respect in its presence and due obedience to its
explain his conduct; and judgments, orders and processes and in order that a court
3. To be heard by himself or counsel (Regalado v. Go, may compel obedience to its orders, it must have the right
G.R. No. 167988, February 6, 2007). to inquire whether there has been any disobedience
thereof, for to submit the question of disobedience to
SECTION 5: WHERE CHARGE TO BE FILED another tribunal would operate to deprive the proceeding
of half its efficiency (Angeles v. CA, G.R. No. 178733,
GR: Proceeding for indirect contempt shall be filed in and September 15, 2014).
tried by the court against which the contumacious conduct
was committed. SECTION 6: HEARING; RELEASE ON BAIL
XPN: If the hearing is not ordered to be had forthwith, the

1. Indirect contempt committed against an inferior respondent may be released from custody upon filing a
court which may also be filed in and tried by a
bond, in an amount fixed by the court, for his appearance
at the hearing of the charge. On the day set therefor, the Purpose
court shall proceed to investigate the charge and consider
such comment, testimony or defense as the respondent The punishment is imposed for the benefit of a complainant
may make or offer (Rule 71, Sec. 6, RoC). or a party to a suit who has been injured, aside from the need
to compel performance of the orders or decrees of the court,
SECTION 7: PUNISHMENT FOR INDIRECT which the contemnor refuse to obey although able to do so.
CONTEMPT
In effect, it is within the power of the person adjudged guilty
of contempt to set himself free (Riano Vol. 2, p. 394, 2019).
Penalties for Indirect Contempt
SECTION 9: PROCEEDING WHEN PARTY
CONTEMPT PENALTY RELEASED ON BAIL FAILS TO ANSWER
COMMITTTED AGAINST
1. Fine not exceeding Proceeding when Party Released on Bail Fails to
Regional Trial Court P30,000; or Answer
or 2. Imprisonment not
Court of exceeding 6 months; When a respondent released on bail fails to appear on the
Equivalent/Higher Rank or day fixed for the hearing, the court may:
3. Both.
1. Fine not exceeding 1. Issue another order of arrest;
P5,000; or 2. Order the bond for his appearance to be forfeited and
Lower Court 2. Imprisonment not confiscated; or
exceeding 1 month; or 3. Both.
3. Both.
Penalty imposed shall If Bond is Proceeded Against
depend upon the
provisions of the law If the bond be proceeded against, the measure of damages
Person/Entity exercising will be:
authorizing a penalty for
Quasi-Judicial 1. The extent of the loss or injury sustained by the
contempt against such
Functions aggrieved party by reason of the misconduct for
persons or entities.
(Rule 71, Section 12, which the contempt charge was prosecuted;
RoC) 2. With the costs of the proceedings.
Rule 71 has suppletory
effect (Riano Vol. 2,
Such recovery shall be for the benefit of the party injured.
p.393, 2019).
IN VIOLATION OF NOTE: If there is no aggrieved party, the bond shall be liable
Offender may also be and disposed of as in criminal cases.
ordered to:
1. Make complete SECTION 10: COURT MAY RELEASE RESPONDENT
Writ of Injunction, restitution to the party
Temporary Restraining injured by such Court may release respondent
Order, or violation of the
Status Quo Order property involved; or The court may issue may discharge respondent from
2. Such amount as may imprisonment when it appears that public interest will not be
be alleged and prejudiced by his release.
proved.
SECTION 11: REVIEW OF JUDGMENT OR FINAL
NOTE: The writ of execution, as in ordinary civil actions, ORDER; BOND FOR STAY
shall issue for the enforcement of a judgment imposing a
fine unless the court otherwise provides (Rule 71, Review of Judgment or Final Order; Bond For Stay
Section 7, par. 2, RoC).
If there is a judgement or final order of a court in a case
SECTION 8: IMPRISONMENT UNTIL ORDER of direct or indirect contempt, such judgment is
OBEYED immediately executory. In order to put a stop to such
judgment, it is necessary that a bond be posted and the
Indefinite incarceration condition of the bond will be to abide by the judgment if it
is still adverse to the person adjudged in contempt.
This rule provides for indefinite incarceration in contempt
proceedings to compel a party to comply with the order of NOTE:
the court (Riano Vol. 2, p. 393, 2019).

1. Direct Contempt – it is immediately executory so
what you should do is file a petition for certiorari
and then post a bond
2. Indirect Contempt – if the judgment is
unfavorable, you may appeal but first you must
post a bond so that the judgment will not be
immediately executory
The judgment or final order of a court in a case of
indirect contempt may be appealed to the proper
court as in criminal cases.
Appeals from municipal courts to the Court of First

Instance in contempt proceedings, and those from the
Court of First Instance to the higher courts, shall be
perfected as in criminal cases, that is, by merely filing a
notice of appeal within 15 days from promulgation of
judgment, with such period interrupted by a motion for
new trial seasonably filed (J.M. Tuason & Co., Inc. us.
Familara, et al., L-24934, Sept. 28, 1968).
In both cases, the judgment shall be suspended provided

the appellant files the corresponding bond required by the
Rules in the amount fixed by the courts whose judgments
are appealed from (Regalado, p. 920).
As in criminal cases, a judgment absolving a person

charged with criminal contempt or dismissing the
contempt charged is not appealable (Pajao vs.
Provincial Board of Canvassers of Leyte, 88 Phil. 588;
Mison vs. Subido, L- 27704, May 28, 1970)
SECTION 12: CONTEMPT AGAINST QUASI-

JUDICIAL ENTITIES
To whom does this apply
Applies suppletorily to contempt committed against

persons, entities, bodies or agencies exercising quasi-
judicial functions
Jurisdiction
The provision referred to contemplates the situation

where a person, without lawful excuse, fails to appear,
make oath, give testimony or produce documents when
required to do so by the official or body exercising such
powers. For such violation, said person shall be subject
to discipline, as in the case of contempt of court, upon
application of the official or body with the Regional Trial
Court for the corresponding sanctions (Regalado, p. 921-
922)
NOTE: Acts or violations may only be deemed

contemptuous if the governing laws specifically defines
such violation as a contempt of court or unequivocally
authorizes said official or body to punish for contempt
providing for at the same time the penalty.




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2A ACADEMIC YEAR 2019-2020 2

2A ACADEMIC YEAR 2019-2020 3

2A ACADEMIC YEAR 2019-2020 4

2A ACADEMIC YEAR 2019-2020 5

2A ACADEMIC YEAR 2019-2020 6

The Rules of Court, promulgated by authority of law, have XPNs:

Substantive Law v. Remedial Law 4. If to do so would

Remedial laws are implemented through the judicial system,

Court is an organ of the government, belonging to the Courts of record

Classification of courts Concurrent jurisdiction

Jurisdiction over the subject matter Doctrine of Adherence of Jurisdiction

EXAMPLE: The trial court did not acquire jurisdiction over

NOTE: Summons must be served upon the defendant,

When the court, although In the process of

2A ACADEMIC YEAR 2019-2020 20

2. Forcible entry and unlawful detainer

Criminal Action ACTIONS IN REM, IN PERSONAM, AND QUASI IN

1. Breeds Multiplicity of suits; Q. A borrowed money from B and executed two

Parties to a civil action

SECTION 6: PERMISSIVE JOINDER OF PARTIES

Effect of failure to join an indispensable party: INDISPENSABLE NECESSARY

Elements The plaintiff can use a fictitious name because of the

Unknown identity, serving summons 1. Recovery of property

Death, succession SECTION 17:

SECTION 18: Types of substitution:

Venue is the place or the geographical area, in which a Rules on venue:

Transitory Parties may stipulate on the venue as along as the

2A ACADEMIC YEAR 2019-2020 51

Hence, the decision shall immediately be entered by the

1. A motion for reconsideration is only a prohibited

2. A motion to dismiss on the ground of lack of

3. Where the trial court abuses its discretion by

Test to determine whether a complaint is sufficient:

promissory note or contract of loan

The defenses of a party are alleged in the answer to the

Illustration Q: Rodrigo filed a 1 million collection suit against

A compulsory counterclaim is one which, being SECTION 10: REPLY

thereof, except that in an original action before the

Example: Harry sued Sal and Mocha- solidary liability. The

2A ACADEMIC YEAR 2019-2020 56

Extraneous matters should not be introduced in a SECTION 2: BODY

SECTION 4: VERIFICATION SECTION 5: CERTIFICATION AGAINST FORUM

when all the plaintiffs or petitioners share a common interest

resolution empowering such person to execute the

In case of ambiguity or failure to alleged the SECTION 7: ACTION OR DEFENSE BASED ON

3. Disavowal of Knowledge SECTION 12: AFFIRMATIVE DEFENSES

Defendant alleges that he is without knowledge or Affirmative Defenses

Illustration: As to the other affirmative defenses under the first

2A ACADEMIC YEAR 2019-2020 68

complaint. The original complaint will not be considered

NOTE: This is an example where the proper remedy is a

Motion for BOP is merely to determine the particularity of needed when

a given allegations. “Serve” or “Service” ® to the other party ng

There must be at least 4 copies:

FO of the case. (Republic v. Caguioa, et al., G.R. No. 174385,

Depositing a copy in the office in a sealed envelope, plainly

Addressee is from outside the judicial region of the court where

is complete upon actual receipt by the addressee. The

NOTE: HOWEVER, they may be filed or served through

SECTION 14: CONVENTIONAL SERVICE OR FILING Principle of Constructive Service

As between the denial of the petitioners' counsel that he MODE OF

By the Clerk of Court.