I. Civil Procedure (A.M. No.

19-10-20-SC)
A. General Provisions (Rule 1)
Remedial Law vs. Substantive Law.
*Substantive Law creates, defines, and regulate concerning life, liberty and
property. (Primicias vs. Ocampo, 93 Phil. 446)
* Remedial law lays down the methods by which those rights or obligations
arising from substantive law are protected enforced and given effect. (Bustos vs
Lucero, 81 Phil. 640) Source (rules of court, B.P 129, law, decision of Supreme
Court, constitution)
Rule-making power of the Supreme Court (Sec 5 paragraph 5, Article VIII)
Is this power exclusive to the Supreme Court?
Promulgate rules concerning the;
 Protection and enforcement of the constitutional rights.
o Congress also has the power
 Pleading
 Practice
 Procedure In all courts
 Admission to practice of law
 Integrated Bar
o Exclusive power of SC
 Legal assistance to under privileged
o Congress has also the power
 Echegaray vs Secretary of Justice, 301 SCRA 96, 112
o Echegaray was sentenced to Death Penalty
o Judgment is Final and Executory
o SC issued TRO to suspend EXECUTION
o SC said that the court has the power to control the execution
 SC has the power to amend and suspend rules.
 Estipona vs Lobrigo G.R. no. 226679, August 15, 2017
o Sec. 23 of 9165
o Plea bargaining is not allowed in drug cases
o Sec. 2, rule 116, the accused is allowed to plead guilty for a lesser
offense.
o Estipona filed a motion for reconsideration and a petition for
certiorari
  Constitutionality of Sec. 23, 9165
 Plea- Bargaining is a matter of procedure and it is within the
Exclusive power of the Supreme Court, therefore, Congress
cannot pass a law that is intended to encroach the power of
the SC
 Sec. 23 is considered as amendment of the rules of court
 Sec. 23 was declared unconstitutional for violation of the
principle of Separation of powers.
 The congress passed a law making the GSIS exempt from legal fees
imposed by the rules of court. Is the law valid?
o No, the law is invalid.
o The legal fees are imposed by the rules of court.
o The law in effect, amend the rules of Court
 NO writ of Injunction shall be issued by any court to delay an investigation
conducted by the Ombudsman? (Carpio- Morales vs CA, G.R No. 217126
o Can Congress passed a law prohibiting injunctive relief?
 Sec. 2, Article VIII- the Congress has been vested with the
authority to define, prescribe and apportion the jurisdiction
of the various courts as well create statutory court.
 The Sec does not result in an abnegation of the Courts own
power to promulgate rules, pleading, practice and procedure
under Sec 5 (5) Article VIII.
 When Congress creates a court and delimits its jurisdiction,
the procedure for which its jurisdiction is exercised is fixed
by the court through the rules it promulgates.
 Except when adopted by the Supreme Court as a policy (no
injunction for critical infrastructure.
o Sec. 27, RA 6770 which authorizes the appeal to the Supreme
Court from decisions of the Ombudsman in administrative cases is
unconstitutional for violating Sec. 30, Art. VI of the constitution
which prohibits a law increasing the appellate jurisdiction of the
court without its advice or concurrence. Henceforth all such appeals
shall be made to the CA ( Villavert vs Desierto \, February 13,
2000, Fabian vs Deierto September 16, 1998, Namuhe vs
Ombudsman October 19, 1998, Mendiza Are v Office of the
Ombudsman)
o Rule 58- Injunctive power of the court
 Principle of Condonation
 This principle is already abandon
 No legal basis
  Sec. 1, Article XI of the Constitution
 Limitations of the Rule Making Power of SC (Sec. 5 (5) Article VIII)
o The rules shall provide a simplified and inexpensive procedure for
the speedy disposition;
o The rules shall be uniform for all courts of the same grade;
o The rules shall not diminish, increase or modify substantive rights
( it is an inherent limitation of the rule making power of the
Supreme Court since it is the exclusive power of the Congress)
 Doctrine of Hierarchy of Courts
o Under the doctrine of hierarchy of courts, where courts have
concurrent jurisdiction over the subject matter, such concurrence of
jurisdiction does not grant the party seeking relief the absolute
freedom to file the case in court of his choice. Pursuant to the
doctrine, the case must be filed first to the lowest court possible,
having appropriate jurisdiction.
o Malingin vs Sandagan, G.R. No. 2400056, October 12, 2020)
 Litigant’s must as a rule file their petition with the court
below and failure to do so will be sufficient for the dismissal
of the case.
 Exception:
 Estipona vs Lobrigo
o When there are special and important reasons
clearly stated in the petition
o When dictated by public welfare and
advancement of public policy.
o When demanded by the broader interest of
justice
o When the challenged orders were patent
nullities
o When analogous exceptional and compelling
circumstances called for and justified the
immediate and direct handling by the court
o When there are genuine issues of
constitutionality must be addressed at the most
immediate time
 You must alleged in your petition any of these
exceptions.
 Doctrine of non-interference/
o Courts of equal and coordinate jurisdiction cannot interfere with
each other’s court ( Lapu-Lapu Development and Housing Corp. vs.
 Group Management Corp., 388 SCRA 493, 508)
o Thus, RTC has no power or authority to nullify or enjoin the
enforcement of a writ of possession issued by another RTC (SUICO
Industrial Corporation vs. CA)
 There is judgment for foreclosure of mortgage in RTC
 Borrower/mortgagor filed an annulment of foreclosure
mortgage to another RTC
 BSP vs BANCO Filipino, G.R no. 196580, June 10, 2020
 A court cannot interfere with the judgment order, or
resolution with another court exercising concurrent or
coordinate jurisdiction.
 The Doctrine finds basis on the concept of
Jurisdiction;
A court that acquires jurisdiction over the case and
renders judgment therein has jurisdiction over its
judgment, to the exclusion of all other coordinate
courts, for its execution and over all incidents and to
control, in furtherance of justice the conduct of
ministerial officers acting in connection with this
judgment.
o RTC cannot annul the judgment of RTC
o Does the doctrine apply to administrative bodies?
 YES,
 When the law provides for an appeal from the decision of an
administrative body to the SC or CA, it means that such
body is co-equal with the RTC in terms of rank and stature,
and logically beyond the control of the latter( Philippine
Sinter Corp. vs Cagayan Electric Power and Light Co, 381
SCRA 582, 591
 RTC cannot annul the judgment mentioned in Rule 43,
sec. 1
 Administrative body exercising quasi-legislative body.
 Petition for certiorari in RTC to enjoin the
implementation of the policy by administrative bodies.
 Does the doctrine of non-interference apply?
o NO, the doctrine of non-interference apply only
when an administrative body is exercising
quasi-judicial power.
o Except third party complaint- independent action
 Doctrine of Adherence to Jurisdiction
 o The court, once jurisdiction has been acquired, retains that
jurisdiction until it finally disposes of the case (Bantua vs Mercader,
Padlan vs Dinglasan).
 Ex. While the case is pending there is amendment to the
penalty of the crime, will the court where the case is pending
retains jurisdiction?
 Yes.
 Jurisdiction
o It is the power and authority of the court to hear, try and decide
the case.
o Includes the authority to execute its decision. In includes the power
of the court to control the execution of its decision.
o Original Jurisdiction
 Means to take cognizance of a cause at its inception, try it
and pass judgment upon the law and facts
o Appellate Jurisdiction
 Means the authority of a court higher in rank to re-examine
the final order or judgment of a lower court which tried the
case now elevated for judicial review.
o General Jurisdiction- RTC
 Means the power of the court or tribunal to hear, try and
decide all kinds of cases except those prohibited by law
o Special Jurisdiction
 Means the power of the court to hear, try and decide certain
type of cases.
o Exclusive Jurisdiction-
 Means no other court or tribunal has the same jurisdiction
over a particular case.
o Concurrent jurisdiction-
 Means equal jurisdiction to deal with the same subject
matter (Begnaen vs. Spouses Caligtan)
o Jurisdiction vs Exercise of Jurisdiction
 Jurisdiction is the power of the court to hear, try and decide
a case.
 The exercise of this power or authority is called the exercise
of jurisdiction.
 The jurisdiction of the court over the subject matter is
governed by law.
  How the court would exercise its power or authority is
governed by procedural law.
o Error of jurisdiction vs Error in the exercise of Jurisdiction
 An error of jurisdiction is one which occurs when the court
exercises a jurisdiction not conferred upon it.
 It may also occur when the court is vested with jurisdiction
or it committed grave abuse of discretion amounting to lack
of jurisdiction (GSIS vs OLIZA, 304 SCRA 421)
 An error of judgment presupposes that the court has
jurisdiction over the subject matter but committed mistakes
in the exercise of its jurisdiction.
 Court misapplied the law.
 The way to correct error of jurisdiction is by certiorari while
error in the exercise of jurisdiction is correctible by appeal.
 When there is error of jurisdiction, the judgment is void and
it may be challenged anytime (Suntay vs Gocolay) However
when error is committed in the exercise of jurisdiction, the
judgment is not necessarily void. (Herrera vs Barreto)
 Aspects of Jurisdiction
o Jurisdiction over the subject matter
 It is refer to as the power of a particular court to hear the
type of case that is then before it.
 Conferred by law which may be either be the
Constitution or Statute. (Sec. 1, Article VIII)
o BP 129 (as amended by RA 11576)
o PD 1606 as amended
o If one wants to know the jurisdiction of the
court, he must look into the law on jurisdiction
not the rules of court or any procedural law.
 Effect
o It cannot be subject of agreement of the
parties.
 Ex. Contract
 Contrary to law
o It cannot be acquired, waived, enlarged or
diminished by any act of omission of the
parties.
 RTC try cases of forcible entry
 Assignment of error of jurisdiction
 appealed to CA
 Apply the principle above
o It cannot be conferred by acquiescence by the
court.
 Effect of lack of jurisdiction over the subject matter
 The court may dismiss the case.
 The judgment is void.
 If the jurisdictional defect is apparent on the face of
the record, it may be subject to collateral attack.
 The judgment is no judgment at all.
o Cannot invoke double jeopardy.
 How is jurisdiction over the subject matter is determined
 It is determined by the allegations of the complaint as
well as by the character of the relief sought.
 This is regardless of whether or not the plaintiff is
entitled to recover all or some of the claims or relief
sought therein.
 What if the defendant in an ejectment case raise the
issue of tenancy in his answer, should the court
dismiss the case for lack of jurisdiction?
 While the MTC does not lose its jurisdiction over an
ejectment case by defendant’s alleging the existence
of tenancy relationship, yet, if after the hearing,
tenancy had in fact been shown, the court should
dismiss the case for lack of jurisdiction. (Dela Cruz vs
CA)
o Tenancy - DARAB has jurisdiction over the
subject matter.
 When may jurisdiction be challenged?
o In the motion to dismiss (Sec. 5, rule 15, RC)
 Lack of jurisdiction over the subject
matter
 Res judicata
 Prescription
 Lites Pendentia
o It may be raised at any stage of proceeding
even for the first time on appeal ( calimlim vs
Ramirez, Pangilinan vs ca)
 Except: The application of the doctrine
 of estoppel on objection to jurisdiction
 Tiham vs Sibonghanoy (must
read)
 When the factual
circumstances are similar to
Tiham.
o Losing party questioned
the jurisdiction of the
court when he lose the
case
o Losing party
participated in the
proceeding of the court
o Losing party asked an
affirmative relief in the
court
o It took 15 years to
question the jurisdiction
of the court.
o Velasquez Jr. vs. Lisondra, G.R, No. 231290
August 27, 2020
 Attacking the jurisdiction to trial court
and then to HLURB.
 Two conflicting appellate jurisdiction
 It is now too late for Lisondra land to
raise lack of jurisdiction.
o An order is missing an action without prejudice
is not subject to appeal.
o Jurisdiction over the parties
 Refers to the power of the court to make decisions that are
binding to the parties.
 When will the court acquires over the plaintiff?
 Filing of the complaint
 When will the court acquires over the person of the
defendant
 Valid service of summons
 Voluntary appearance
o Seeking an affirmative relief (Ex. Answer,
motion of an extension.
  Except when the relief sought is for the
purpose of objecting to the jurisdiction
of the court over the person of the
defendant.
o Thus, if he participates in the trial despite
service of summons the same amounts to
voluntary appearance.
o Rule 14, Sec. 23
 When is jurisdiction over the person of the defendant
required?
o Only in Action in personam
o Action in rem or Quasi in rem- summons must
be served upon the defendant not for the
purpose of vesting the court with jurisdiction,
but merely for satisfying the element of due
process.
 Effect of lack of jurisdiction over the person of the
defendant
o The judgment cannot be enforce to the
defendant. (Guys vs Gacott, G.R. No 206147)
o Plaintiff filed an action against a supposed
corporation. Judgment was rendered in favor of
the plaintiff and the judgment became final and
executory. When the writ of execution was
about to be implemented plaintiff found out
that the defendant corporation is not really a
corporation but a partnership. The sheriff found
properties owned by the partners and attached
the same.
o Is it proper for the sheriff to attach he
properties of the partner?
o No, Partnership is a juridical entity that has a
distinct and separate personality from the
person composing it
o In relation to the rules of civil procedure, it is
elementary that a judgment of a court is
conclusive and binding only upon the parties
and their successors-in-interest after the
commencement of the action in court.
o A decision rendered on a complaint in a civil
action or proceeding does not bind or prejudice
a person not impleaded therein, for no person
shall be adversely affected by the outcome of a
 civil action or proceeding in which he is not a
party.
o Jurisdiction over the issues of the case
 The power of the court to try and decide the issues raised in
the pleadings of the parties.
 Issue of fact
o Evidence
 Issue of law
o Application of law
 Based on the pleadings
 Where there is no disputed point, there is no issue of
fact.
 Jurisdiction over the issue is conferred and determined by
the allegations in the pleadings of the parties. The pleadings
present the issue to be tried and determine whether or not
the issues are fact or of law.
 An issue arise because a material allegation of a claiming
party is specially denied by the defending party.
 Jurisdiction over the issue may be determined by the
stipulation of the parties during the pre-trial (Sec. 2 Rule 18)
 Jurisdiction over the issue may also be conferred by waiver
or failure to object to the presentation of evidence on
the matter raised in the pleadings (Sec. 5, rule 10)
 Principle of Amendment to conform to evidence.
o Jurisdiction over the res or thing involved in litigation.
 Refers to the court’s jurisdiction over the thing or the
property which is the subject of the action. This type of
jurisdiction is necessary when the action is one in rem or
quasi in rem
 When the action is in personam, the jurisdiction over the res
is not sufficient to authorize the court to render judgment
against the defendant
 It may be acquired by placing the property or thing under
the custody of the court. (Ex. Attachment)
 It may also be acquired by the court through statutory
authority conferring upon it the power to deal with the
property or thing.
 Read Banco Espanol-Filipino vs Palanca, 37 Phil. 921,
927- 929
 What is the extent of relief that may be awarded in
 action in rem and quasi in rem?
o Any relief granted in rem or quasi in rem
actions must be confined to the res, and the
court cannot lawfully render judgment against
the defendant.
 Extent of MTC-2,000,000
 Jurisdiction of the Supreme Court
o Exclusive original jurisdiction
o Petition for certiorari, prohibition and Mandamus
 CA
 COMELEC
 COA
 SANDIGANBAYAN
 CTA
o Concurrent original jurisdiction
o Petition for certiorari, prohibition and mandamus against:
 RTC
 CSC
 NLRC
 Other quasi-judicial bodies
 Jurisdiction of CA
o Exclusive Original jurisdiction – Annulment of judgment of RTC
(Rule 47)
 Jurisdiction of the RTC
o Action Incapable of pecuniary estimation
 It is an action whose principal purpose or remedy sought is
not to recover a certain sum of money. Where the basic
issue is something other than the right to recover a sum of
money, or money claims is merely incidental to the principal
relief, the action is incapable of pecuniary estimation (Russel
vs Vestil)
 Ec. Expropriation ( Brgy. San Roque vs Heir of Pasor
 An action seeking to annul a resolution of GOCC
 An Action of Specific performance
o Exc. Trayvlla vs Sejas.
 Reconveyance of real property
  Partition
 Execution of deed of sale based on contract which
they had previously made in action for specific
performance. (Sps. Saraza vs Francisco)
 An action the right to repurchase is an action for
specific performance hence an action incapable of
pecuniary estimation.
 Action of support, right of support, annulment of
decision of lower court.
 Heirs of Bautista vs Linda
o In all civil actions which involve the title to, or possession of real
property or any interest therein, where the assessed value of the
property involved exceeds Four Hundred Thousand except actions
for FEUD of lands or buildings, original jurisdiction over which is
conferred upon MTC
o In all actions in admiralty and maritime jurisdiction where the
demand or claim exceeds two million pesos
o In all matters of probate, both testate and intestate, where the
gross value of the estate exceeds two million pesos
o In all actions involving the contract of marriage and marital
relations (Now with FC)
o In all cases not within the exclusive jurisdiction of any court,
tribunal person or body exercising jurisdiction of any court, tribunal,
person or body exercising judicial or quasi-judicial function.
o In all civil actions and special proceedings falling within the
exclusive original jurisdiction of a Juvenile and Domestic Relations
Court and of the Court of Agrarian relations is now provided by law
( now with FC)
o In all other cases in which the demand exclusive of interest,
damages of whatever kind, attorney’s fees, litigation expenses and
cost or the value of the property in controversy exceeds two million
pesos.
o Jurisdiction over the intra-corporate controversies
 The jurisdiction of SEC over Sec, 5 OD 902 A was transferred
to the courts of general jurisdiction or to the proper Regional
Trial Court.(Gonzales vs GJH Land Inc. G.R No. 20664,
November 10, 2015)
 Jurisdiction of the First Level Courts
o Exclusive original jurisdiction over civil actions and probate
proceedings, testate, and intestate including the grant of
provisional remedies in proper cases, where the demand does not
exceed of 2,000,000 pesos exclusive of interest damages of
 whatever kind, attorney’s fees, litigation expenses, and cost the
amount of which must be specifically alleged.
 Provided, that where 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
totality of the claims in all the causes of action, irrespective
of whether the causes of action arose out of the same
transactions;
o Exclusive original of Jurisdiction of FEUD
o In all civil actions which involve the title to, or possession of real
property or any interest therein, where the assessed value of the
property involved does not exceeds Four Hundred Thousand
 Damages of whatever kind- damages are merely incidental
to or a consequence of the main cause of action- not
included
 Where the claim for damages is the main cause of action or
one of the cause of action, the amount of such claim shall be
considered in determining the jurisdiction of the court
(Quasi-delict)
 Interest on the loan is a primary and inseparable component
of the cause of action, not merely incidental thereto and
already determinable at the time of filing of the complaint, it
must be included in the determination of which court has
jurisdiction over petitioner’s case.
 If the interest is liquidated- kasama
 If the interest is not liquidated and incidental to the
main cause of action-not kasama
 Totality Rule – where there are several claims or causes of
actions between the same or different parties, embodies in
the same complaint, the amount of the demand shall be the
totality of the claims in all the causes of action, irrespective
of whether the causes of action arose out of the same or
different transactions.
o Does the MTC have jurisdiction over the settlement of estate?
o Does the MTC have jurisdiction over the probate of the will?
o Yes, probate of the will is considered settlement of estate.
 Delegated jurisdiction of the MTC
o Cadastral and land registration of cases
 No opposition
 The value of the land does not exceed 100,000
 Their decisions in these cases shall be appealable in the RTC
 Special Jurisdiction of the MTC
 Action involving title , interest and possession in real property
o Assessed value of real property – Tax declaration – assessor office.
 Personal action- action not classified real action
 Real action- Title to or interest and possession in real property.
o That the plaintiff cause of action is based on a claim that he owns
such property or that he has legal rights to have exclusive control,
possession, enjoyment or disposition of the same. Title is the link
between 1. A person who owns property and 2. Property itself
( Heirs of Sebe vs Heirs of Sevilla, Pdlan vs Dinglasan.
o Action to quiet title
o Action for reconveyance of real property
o Action for reconveyance of personal property
o Action publiciana
o Action reindivicatoria.
o It has something to do with title’
o Ultimate objective of the complaint
 Recover property or to obtain title of the real property/
determine court’s jurisdiction through assessed – Tax Dec.
 The assessed value must be alleged in the complaint or the
court will dismissed the complaint.
 But even if the assessed value of the land is not
alleged in the complaint but the tax declaration is
attached thereto the court still assess the amount
(BSP vs Legaspi, March 2, 2016)
 In cases of land not declared for taxation purposes the value
of the property shall be determined by the assessed value of
the adjacent lot. (Sec 33 (3) BP 129)
 Cases covered by Barangay Conciliation Proceedings
o The lupon of each barangay shall have the authority to bring
together the parties actually residing in the same city or
municipality for amicable settlement of all disputes. (article 408
LGC)
 Except; where one of the party is the government or any
subdivision or instrumentality thereof/
 Where one party is public officer or employee, and the
dispute relates to the performance of his official functions
 Offenses punishable by imprisonment exceeding 1
year or a fine exceeding five thousand pesos
  Offenses where there is no private offended party.
 Where the dispute involves real properties located in
different cities or municipalities unless the parties thereto
agree to submit their differences to amicable settlement by
an appropriate lupon;
 Disputes involving parties who actually reside in Barangays
of different cities or municipalities, except where such
Barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by
an appropriate lupon;
 Such other classes of disputes which the President may
determine in the interest of justice or upon the
recommendation of the secretary of Justice.
o Failure of the parties to refer their case to the Brgy. Conciliation
proceedings, may a party file a motion to dismiss?
 No, Section 12, rule 8, affirmative defenses, Failure to
comply with condition precedence.
 Civil cases
o A. summary Procedure
 1. FEUD regardless of the amount of damages or unpaid
rentals sought to be recovered. Where atty’s fees are
awarded, the same shall not exceed 100,000
 All civil actions, except probate proceedings, admiralty, and
maritime actions, and small claims cases falling under Rule
IV hereof, where the total amount of the plaintiff claim does
not exceed 2,000,000 exclusive of interest damages or
whatever kind, attorney’s fees, litigation expenses and costs.
 Recovery of personal property
 Complaint for damages where the claim does not exceed two
million pesos exclusive of interest and costs
 Cases for enforcement of barangay amicable settlement
agreements and arbitrary awards where the money claims
exceeds One Million pesos
 Cases solely for the revival of judgment of any MTC, MTCC,
MTC, MCTC pursuant to Rule 39 Section 6 of the rules of
court
 The civil aspects of a violation of BP 22 the bouncing check
law. If no criminal action has been instituted therefor, should
a criminal action and shall be tried and decided jointly under
the Rules on Summary Procedure.
 Cases covered by the rules on summary procedure in criminal cases.
o Violation of traffic law, rules and regulation
 o Violation of rental law
o Violation of city or municipal ordinances
o Violation of BP 22
o All criminal cases whose imposable penalty is not exceeding 1 year
or fine not exceeding 50k
o Damage to property thru reckless imprudence and the fine does not
exceed 150k
 What is small claims
o It is an action that is purely civil in nature where the claim and
relief raised by the plaintiff is solely for the payment or
reimbursement of sum of money. It excludes action seeking other
claims or reliefs aside from payment or reimbursement of a sum of
money and those coupled with provisional remedies.
o Where the claim does not exceed 1M
 Contract of lease
 Contract of loan/ credit accommodation
 Contract of services
 Contract of sale of personal property
o Enforcement of barangay amicable settlement agreement not
exceeding 1M
 Classification of Civil action
o Civil action it is one by which a party sues another for the
enforcement or protection of a right. Sec. 3(a)
 Governed by the rules of ordinary civil action
o Special Civil Action is governed by special rules for a particular
action.
 As to cause or foundation
o Real action- is an action which affects title to or possession of real
property of an interest therein (Sec, 1, Rule 4)
 Unlawful detainer, accion publiciana, accion reinvidicatoria,
action to quiet title and reconveyance
o Personal action- It is not real action, then it is a personal action
( Sec. 2, rule 4)
 Breach of contract, sum of money, recovery of personal
property.
 Action for the nullity of marriage
 Action for specific performance with damages as long as it
does not involve a claim for ownership, title to of real
 property.
 Where the complaint is for specific performance but prays for
the issuance of deed of sale over a parcel of land to enable
the plaintiff to acquire ownership thereof it is a real action
(Gochan vs Gochan)
 Annulment of sale of real property Is a real action
 An action to foreclose a REM is a real action, but an action to
compel mortgagee to accept payment of the mortgage debt
and release the mortgage is a personal action. (Hernandez
vs Rural Bank of Lucena)
 An action to annul a contract of loan and its accessory REM
is personal action.
 An action for annulment mortgage of contract is a
personal action however if the mortgage is foreclose
and a certificate of sale was issued, tapos ang action
mo ay declaration for nullity of mortgage contract,
foreclosure of sale and certificate of sale, the action is
real action since the annulment of certificate of sale
involves an action of title to, or possession or interest
to a real property. (Chua vs Total office products and
Services.
 Not all actions involving real property are real actions,
(SPOUSES SARAZA vs Francisco)
 Specified Contractors vs Pobocan, the same conclusion was
held by the supreme court in relation to Sps. Saraza vs
francisco
 An action for specific performance to compel the
petitioner to execute a deed of conveyance based on
their agreement
 The nature of the of the action is personal action since
it sought to compel specific performance
 That the end result would be the transfer of the
subject unit o respondent’s name in the event that his
suit is decided in his favor is an anticipated
consequence and beyond the cause for which action
(Specific performance with damages) was instituted
 Had respondent’s action proceeded to trial, the crux of
controversy would have been the existence and non-
existence of the alleged oral contract from which
would flow respondent’s alleged right to compel
petitioner’s to execute deed of conveyance.
 The transfer of property sought by respondent is but
incidental to or an offshoot of the determination of
whether or not there is indeed, to begin with a n
 agreement to convey the properties in exchanged for
services rendered.
 Pacific Rehouse Corp vs NGO. – real action , the primary
objective and nature of case is to recover subject property
itself and thus is deemed to be a real action – same sa
GOCHAN VS GOCHAN- APPLYING ULTIMATE OBJECTIVE
TEST
 SIGNIFICANCE OF DISTINCTION BETWEEN A PERSONAL ACTION AND A
REAL ACTION
o To determine jurisdiction, venue and amount of filing fee.
o Classification of Civil Actions
 Local Action-real action
 Transitory Action- personal action- dependent of the will of
the residence of the plaintiff
B. Kinds of Action
 In Rem- is an action against the thing itself, instead of against the person
 No specific defendant
 Decision is enforceable to the whole world.
 Example: Sec. 1 , rule 72
 Land registration of case, declaration of nullity of marriage,
action for recognition
 Thing- means that resolution of the case affects interest of
others whether direct or indirect. It also assumes that the
interest in the form of rights or duties attach to the thing
which is the subject matter of the litigation. In actions in rem,
our procedure assumes an active vinculum over those with
interests to the thing subject of the litigation ( De Pedro vs
Romasan)

 In Personam- Action in personam is an action against person in the

basis of his personal liability.
 It is an action to enforce personal rights and obligation against a person
and is based on the jurisdiction of a person. The purpose of action in
personam is to impose through a judgment some responsibility or
liability directly upon the person of the defendant.
 May an action in personam be a real action at the same time?
o Yes if the action will impose personal liability on a person with
respect to a particular real property (MUNOZ vs YABUT
 Quasi In Rem-is one wherein an individual is named as defendant and the
purpose of the proceeding is to subject his interest therein, to the
obligation or lien burdening the property.
 Property of the defendant
 Purpose is not to impose liability to the defendant but to the
property of the defendant.
 Complaint with attachment, foreclosure actions, action for
partition, action for accounting
 De Pedro vs Romasan Development Corp, G. R. No 194751
o An action for annulment of title is a quasi in rem. It is
not an action against a person on the basis of his
personal liability but an action that subjects a person’s
interest over a property to a burden. The action for
annulment of certificate of title threatens petitioner’s
interest in the property.
 What type of summons to be employed
o In rem and quasi-in rem- Publication
o In personam- personal service, substituted service
(Sec. 5&6, Rule14)
 Gomez vs CA 425 SCRA 98, 103
o Is notice or summons required in in rem and quasi in
rem actions
 Yes, regardless of the nature of the action,
proper service of summons is imperative. A
decision rendered without proper service of
summons suffers a defect in jurisdiction.
Respondent’s institution of a proceeding for
annulment of petitioner’s certificate of title is
sufficient for the court to proceed with the case
with authority and competence (De Pedro vs
romasan Development Corp. G>R No. 194751,
November 26, 2014
 May an in rem or quasi in rem action be converted t action in
personam

o Yes
 If the defendant appears, the cause becomes
mainly a suit in personam, with the added
incident, that the property attached remains
liable, under the control of the court, to answer
to any demand which may be established against
the defendant by the final judgment of the court.
But if there is no appearance of the defendant,
and no service of process on him, the case,
becomes, in it’s essential nature a proceeding in
rem, the only effect of which is to subject the
property attached to the payment of the demand
which the court may find to be due to the
plaintiff. (Banco Espanol vs Palanca, citing cooper
vs reynold.
 Summons by publication, as a general rule, will not enable the
court to acquire jurisdiction over the person of the defendant,
(Pantaleon vs Asuncion,)
o Exception: Section 16 Service upon defendant whose
identity or whereabouts are unknown
 In any action where the defendant is designated
as unknown owner, or the like or whenever is
 whereabouts are unknown and cannot be
ascertained by diligent inquiry, within 90
calendar days from the commencement of the
action, service may by leave of court be affected
upon him by publication in a newspaper of
general circulation and in such places and for
such time as the court may order (Rule 14)
 Sec. 18, Residents temporarily out of the
Philippines
 When any action is commenced against a
defendant who ordinarily resides within the
Philippines, but who is temporarily out of
it, service may , by leave of court , be also
affected out of the Philippines as under the
preceding section (Rule 14)

C. Cause of Action (Rule 2)

 Substantive Law.
 An act or omission by which a party violates a right of another. Sec
2, rule 2
 Every ordinary civil action must be based on a cause of action
 Article 1157 – Sources of obligation
o Law, contract, quasi-contract, delict, quasi-delict
 Cause of action arises when there is a breach of source of obligation
 Element of Cause of Action
o Right pertaining to plaintiff
o Correlative Obligation of the defendant to respect the right
o Violation of plaintiff’s right
o Damage suffered by plaintiff
 What is the test to determine whether a complaint state a cause of
action or not?
o If the court can render a valid judgment based on the
allegation in the complaint, the complaint states a cause of
action
o As a general rule, evidence aliunde should not be considered.
But annexed documents to the complainant may be
considered because they are part of the complaint (Sea Land
Service Inc. vs CA 327 SCRA 135)
o Under the 2019 Amendment, should evidence be also
considered in determining whether the complaint alleges cause
of action or not.
 I submit that evidence should be considered in
determining whether a complaint of a cause of action.
Under Section 6, rule 7 it is required that the witnesses
and the summary of the respective testimony must be
stated in the complaint. It is also required that their
respective judicial affidavit must be attached therewith.
 Also, the documentary evidence must be taken into
account in determining whether the complaint alleges
cause of action. These evidence cannot be ignored
because they are required to be attached or stated in
complaint.
 Splitting of Action
o A party may not institute more than one suit for a single cause
of action
o A single cause of action may give rise to several remedies. The
availment of these remedies is prohibited as it is tantamount
to splitting of cause of action.
o Example
 Recto law
 Rescind the contract
 Exact fulfillment of obligation
 Foreclosure the mortgage
 Loan with Mortgage
 Foreclose the mortgage
 Action for collection
 A, by means of force and intimidation, was able to agin
entry into the land of B. A retained possession of the
land of B for % years. B lost income from such
dispossession in the amount of 2M.
 Two cases cannot be filed:
o For recovery of possession
o For recover of damages for lost income
 A enters into contract with B. there are three obligations
in the contracts 1. To deliver 100 sacks of rice; 2. To
deliver a car and 3. to deliver 100 sacks of corn. All
obligation are due
 Can A file three suits for the three stipulations in the
contract? No.
 A contract embraces only one cause of action even if it
contains several stipulations because it may be violated
only once.
 A obtained a loan from B for the principal amount of
400,000 payable in 4 installments to be paid annually
starting in December 2016 and every December
thereafter. A failed to pay all installments.
 Can B file a collection case against A for the first
installment not paid?
 A contract which provides for several stipulations to be
performed at different times give rise to as many
causes of action as there are violations.
 Industrial Finance vs Apostol, 177 CRA 521
 A BANK CANNOT file a civil action against the
debtor for collection of debt and then
subsequently file an action for foreclosure of
mortgage. This would be splitting a cause of
 action. All obligations which have matured at the
time of the suit must be integrated as one cause
of action in one complaint, and those not so
included would be barred.
 Progressive Development Corp vs CA
 An action for forcible entry should include not
only the plea for restoration of possession, but
also claims for damages arising out of forcible
entry. The claim for damages cannot be filed
separately.
 CGR Corp vs treyes
 Pumasok ang defendant sa property
 Ang structure sa property ay pinagigiba niya
 However, the rule does not apply to a situation
where the claim for damages arose out of
separate acts committed by defendant after the
occupancy of the premises subject of the action.
The court sustained the separate action for
damages and ruled that there was not litis
pendentia involved. The court explained that the
claim for damages has no direct relation to the
loss of possession of the premises but resulted
from acts separate from forcible entry.
 Umale vs canoga
 Test to ascertain whether two suits relate to a
single or common cause of action.
 Whether the same evidence would support the
first and second causes of action
 Whether the defenses in one case may be used to
substantiate the complaint in the other
 Whether the cause of action in the second case
existed at the time of the filing of the first
complaint.
 Plaintiff filed an action for unlawful detainer
against the tenant for violation of the lease
agreement. During the pendency of the case, the
lease contract expired. Ye plaintiff filed again
another case for unlawful detainer based on
expiration of contract.
 The SC rule, there is no splitting of cause of
action. The grounds are different. Besides, at the
time that the first case filed, the ground for the
second case is not yet existing.
 Effect of Splitting a cause of action
 If two or more suits are instituted for single cause
of action, the filing of one or a judgment upon
the merits in any one is available as a ground for
the dismissal of another. (Sec 4, rule 2) (lites
pendentia or res judicata)
  Joinder of Causes of Action
o It is the assertion in one pleading in alternative or otherwise,
as many causes of action as he may have against an opposing
party (Rule 2, Sec. 5)
o The party joining causes of action shall comply with the rules
on joinder of parties
 This condition is only applicable when two or
more plaintiffs or two or more defendants are
joined in the pleading. This condition is not
applicable when there is only one plaintiff and
one defendant.
 The joinder shall not include special civil actions or
governed by special rules.
 Where the causes of actions are between the same
parties but pertain to different venues or jurisdictions.
The joinder may be allowed in the RTC provided one of
the cause of actions falls within the jurisdiction of said
court and venue lies therein.
 Where the claims in all causes of action are principally
for recovery of money, the aggregate amount claimed
shall be the test of jurisdiction. (Section 5, rule 2)
Totality test also in BP 129


D. Parties to Civil Actions (Rule 3)
 Plaintiff- may refer to the claiming party-counter claimant, the cross
claimant or the third, fourth etc. party plaintiff
 Defendant – May refer to the original defending party, the defendant in a
counter-claim the cross claim and the cross defendant, third fourth etc.
party defendant
 Who may be parties to civil action
 Natural persons
 Juridical persons
 Entities authorized by law
o Corporation by estoppel
o Estate of a deceased person
o LLO under the LC
o The roman catholic church and as to its properties the
archbishop or diocese to which they belong may be a party
o A dissolved corporation may prosecute and defend suits
within 3 years under article 122 of the corporation
• Sec15, Rule 3- they may be sued under the name
by which they are generally or commonly known
• Where it is plaintiff who is not a natural person or
a juridical person or an entity authorized by law,
defendant mat file an affirmative defense on the
ground that the plaintiff has no legal capacity to
sue
 • In case the defendant who is not a natural person
or a juridical person or an entity authorized by
law. the complaint may be dismissed on the
ground the pleading asserting the claim states no
cause of action or failure to state cause of action
under sec 8, rule 12 because a complaint cannot
possibly state cause of action against one who
cannot be a party to a civil action
•
 It is required to aver the parties’ capacity to sue and be sued.
o Sec. 4
 Classes of parties
o Real parties in-interest (sec 2, rule 3)
• A real party interest is the party who stands to be
benefited or injured by the judgment in the suit, or
the party entitled to the avails of the suit.
• How to determine who is the real part-in-interest
• The determination of who the real party
in interest requires the examination of
elements of a cause of action. A cause
of action involves the existence of a
right and violation of such right.
• The owner of the right violated is the
real party in interest as plaintiff and
the one violating the right is the real
party in interest as defendant
• What is the effect if a party is not a real party in
interest?
• If a suit is not brought in the name of
or against the real party in interest,
affirmative defense shall be alleged in
the pleadings may be filed on the
ground that the complaint states no
cause of action
o Representative party
• A representative may be a trustee of an express
trust, a guardian, an executor or administration,
or a party authorized by law or these rules.
• The beneficiary shall be included in the title of
the case and shall be deemed to be real party in
interest.
• Indispensable parties
• An indispensable party is party in
interest without whom no final
determination can be had of an action
• Indispensable parties shall be joined
as plaintiffs or defendants.
• The plaintiff has the obligation to
implead an indispensable party.
• Effect of failure to implead the
indispensable party
• Not a ground for motion to
dismiss but the parties may
be dropped or added by
order of the court on motion
or any part or on its own
initiative at any stage of the
action and on such terms as
are just
• However if the plaintiff did
not comply with the order
the case may be dismissed
upon motion of the
defendant or the court’s own
motion for failure to comply
with order of the court under
sec 3, rule 17.
• Any decision rendered by a
curt without first obtaining
the required jurisdiction over
indispensable parties is null
and void for want of
jurisdiction, not only as to
the absent parties but also
as to those present. (People
vs Go)
• In an action for partition of
land, all co-owners are
indispensable parties
• In an action for annulment of
partition, all the heirs are
indispensable parties.
• In a recovery for ownership
of land, all persons claiming
ownership are indispensable
parties.
• The registered owner of a lot
whose title the plaintiff seeks
to nullify is an indispensable
party
• A transferee of a property
pendente lite is not an
indispensable party, as it
would in any event be bound
by judgment against his
predecessor
• The person whose right to
the office is challenged in a
 quo warranto action is an
indispensable party. No
action can proceed unless he
is joined.
• Necessary Party
• It is one who is not indispensable but
who ought to be joined as a party if
complete reliefs is to be accorded as to
those already parties or for a complete
determination or settlement of the
claim subject of the action.
• Duty of pleader if a necessary party is
not joined
• The pleader shall set forth
his name, if known, and shall
state why he is omitted.
• If the court find no reason
for the omission, it may
order the inclusion of the
necessary party if
jurisdiction over his person
may be obtained
• Effects
• Failure to comply with the
order for his inclusion,
without justifiable cause,
shall be deemed a waiver of
the claim against such party.
• The non-inclusion however
does not prevent the court
from proceeding in the
action and the judgment
rendered therein shall be
without prejudice to the
rights of such necessary
party.
• Example of necessary party
• In an action for collection of
debt instituted by the
creditor against the surety,
the principal debtor is merely
a necessary party.
• In an action for foreclosure
of REM instituted by the first
mortgagee, the second
mortgagee is merely a
necessary party.
• Solidarity does not make
solidary obligor an
 indispensable party in a suit
filed by the creditor against
another solidary debtor.
• Misjoinder of parties or non-joinder of parties is
not a ground for dismissal. Any claim against a
misjoined party may be severed and proceeded
with separately. Sec 11, Rule 3
• Alternative Defendant
• Where the plaintiff is uncertain against
who of several person he is entitled to
relief, he may join any or all of them
as defendants in alternative, although
the right of relief against one may be
inconsistent with the rigt of relief
against the other.
• Class suit
• When the subject matter of
controversy is one of common or
general interests to many person
• The subject matter of the
litigation meant the physical,
the things real, or personal,
the money, lands, chattels,
and the like in relation to the
suit which is prosecuted and
not the delict or wrong
commited by the defendant.

• The party are so numerous that it is

impracticable to bring them all before
the court
• The object of the suit is to obtain relief
against numerous persons.
• Death of party
• Duty of the lawyer in case a party dies
• If the party dies and the claim is not
extinguished, his duty is to inform the
court of such fact within 30 days after
such death and to give the name and
address of the legal representatives of
the deceased party.
• May the heirs of the deceased party be
allowed to substitute
• Yes the heirs may be allowed
to be substituted for the
deceased without need for
the appointment of executor
or administrator.
• Examples of actions which survive
 • Action to recover real or
personal property (sec 1,
rule 87)
• Action to enforce liens
thereon
• Actions to recover damages
for an injury to person.
• Actions arising from delicts.
• Judgment of
money arising from
an injury to
persons the motion
for execution shall
be granted against
the executor and
administrator of
the deceased
defendant pursuant
to (sec. 1 rule 87)
• Action on contractual money
(Sec. 3, Rule 20)
• No motion for
execution shall be
granted
• But the claim shall
be filed in the
settlement of
estate pursuant to
sec 5 rule 86.
• Examples of actions which do not
survive
• Nullity of marriage
• Action for support
• Legal Separation
• Action for recognition
•
E. Venue (Rule 4)
 Venue is the place or geographical area in which a court with jurisdiction
may hear and determine a case or the place where a case is to be tried.
 Venue in civil cases is procedural and not substantive. Thus, it may be
waived or subject to agreement of the parties.
 Venue vs Jurisdiction
 Jurisdiction refers to the authority of the court to hear and decide
the case while venue refers to the place where the case is to be
heard or tried
 Jurisdiction is a matter of Substantive law while venue is procedural
law
 Jurisdiction cannot be waived by the parties; venue may be waived
if not invoked either in a motion to dismiss or in the answer
  Jurisdiction is fixed by law, venue may be fixed by agreement of
the parties
 Court may dismiss the action motu proprio in case of lack of
jurisdiction
 What is the basic consideration in determining the venue of the action
 The venue of the action would be determined is the determination
of whether an action is real or personal
o Sec 1. Venue of real action- Actions affecting title to, or
possession of real property or interest therein shall be
commenced and tried at the proper court which has
jurisdiction over the area wherein the real property involved
or a portion thereof is situated
o Sec. 2. Venue of Personal actions- all other actions may be
commenced and tried where the plaintiff or any of the
principal plaintiff resides or where the defendant or any of
the Principal defendant resides or in the case of a non-
resident defendant where he may be found at the election of
the plaintiff. Rule 4
 What is the meaning of residence in personal action
o The place of abode, whether permanent or temporary, of the
plaintiff or defendant, as distinguished from domicile which
denotes a fixed permanent residence to which when absent
one has the intention of returning. (Dongwa Transportation
vs. Sarmiento (G.R. No. L-22795 Janurary 31, 1977)
o Residence of a domestic corporation is the place within the
Philippines, where its principal office is located.
 Venue in Personal Action (Sps. Saraza vs Francisco G>R No
198718, November 27, 2013)
 An Action incapable of pecuniary estimation is a personal
action
 Venue for personal action should be followed (resident of
plaintiff or defendant)
 The action is specific performance to compel defendant to
execute a deed of sale in favor of the plaintiff.

As to the issue of venue, the petitioner’s argument that

the action should have been instituted with the RTC of
Makati City and not the RTC of Imus, Cavite, is misplaced.
Although the end result of the respondent’s claim was the
transfer of the subject matter to his name, the suit was still
essentially for specific performance, a personal action,
because it sought Fernando’s execution of a deed of absolute
sale based on a contract which he had previously made.
o An action to recover the deficiency after the extrajudicial
foreclosure is a personal action for it does not affect title to or
possession of real property or any interest therein. (BPI FAMILY
SAVINGS BANK VS YUJUICO, G>R NO. 175796, July 22, 2015)
o READ: Gochan vs Gochan
Where the complaint is denominated as one for specific
 performance , but nonetheless prays for issuance of deed of sale
of a land to enable the plaintiff to acquire ownership thereof, its
primary objective and nature is one to recover the parcel of land
itself and thus, is deemed a real action.
o Different conclusion with SARAZA
o In Gochan vs Gochan the Supreme Court applied the Ultimate
objective rule- The purpose in filing the specific performance is to
transfer the title of the defendant and recover possession.
o Recover real property or parcel of land through the execution of
the Deed of Sale.
o Samson vs Sps. Gabor G>R No 182970, July 23, 2014
 The action is for the return of the property or its value on
the basis of co-ownership. The court held that while the
complaint of the petitioner is for the recovery of the
property or its value the said complaint is anchored on
plaintiff’s claim of ownership over a portion of the real
property of the subject property, hence a real action.
 When will the rule on venue not apply
o Sec. 4
 In those cases where a specific rule or law provides
otherwise ( Libel )
 Where the parties have validly agreed in writing before the
filing of the action on the exclusive venue thereof
 Requisites
o It must be in writing
o It must be made before the filing of an action
o The agreement must be exclusive
 Agreement on Venue may be
o Restrictive- the suit can only be filed in the
place agreed upon by the parties
o Permissive- the place agreed upon is in
addition to the place provided for in the
Rules.
 Illustration
o Parties agree to sue and be sued in courts of
Manila- The SC ruled that it is not restrictive
but only permissive ( Polytrade Corp. vs
Blanco, 30 SCRA 187)
o All suits arising out of this agreement shall
be filed within the proper courts of Quezon
City- SC ruled that it is only permissive
(Unimasters Conglomerate Inc, vs CA)
o The agreed venue shall be in the City of
Manial- permissive (Mangila vs CA)
o The agreement is considered restrictive when
the parties used exclusive words such as
only, solely, exclusive in this courts, in no
other courts, save, particularly, nowhere else
 but/except or words of equal imports ( Pacific
Consultants International Asia Inc. vs
Schonfeld 516 SCRA 209, 229)
 TAKE NOTE!!!!
o A RESTRICTIVE STIPULATION ON VENUE IS
NOT BINDING WHEN THE VALIDITY OF THE
CONTRACT IS ASSAILED (BRIONES VS CA,
G.R NO. 204444, JANUARY 14 2015)
o ANNUMENT OF REAL ESTATE MORTGAGE,
FORECLOSURE OF MORTGAGE AND
CERTIFICATE OF SALE.
o There is no motu proprio dismissal based on
proper venue except cases under rules on
summary procedure.
o

F. Pleadings-
 Are the written statement of the respective claims and
defenses of the parties submitted to the court
 Pleadings allowed in ordinary civil actions.
o Complaint- the pleading alleging the plaintiff’s or
claiming party’s cause or causes of action.
• By the filing of a complaint the court acquires
jurisdiction over the person of the plaintiff
• It also has the effect of interrupting the
prescription of action pursuant to Article 1155
of the civil code
• It is not simply the fling of the complaint or the
appropriate initiatory pleading, but the
payment of the prescribed docket fee that vest
a trial court with jurisdiction over the subject
matter or nature of action
• The rule on the payment of docket
fee is liberal. If the initiatory pleading
is not accompanied by a correct
docket fee, the court may allow
payment of the fee within reasonable
time, but in no case beyond the
applicable prescriptive period
• It will not lead to automatic dismissal
of the complaint.
o Counterclaim
• A counterclaim is any claim which a defending
party may have against an opposing party
• Compulsory- (Section 7 rule 6)
• Cognizable by the regular courts of
justice
• Arises out of or is connected with the
transaction or occurrence constituting
the subject matter of the opposing
party’s claim and does not require for
its adjudication the presence of third
parties of whom the court cannot
acquire jurisdiction.
• Such counterclaim must be within the
jurisdiction of the court both as to the
amount and the nature thereof, except
that in an original action before the
RTC, the counterclaim may be
considered as compulsory regardless
of the amount.
• A compulsory not raised in the same
action is barred unless otherwise
allowed by these rules.
• Is there an instance where
the rules allow the
prosecution of a
counterclaim even it was not
raised in the same action
• Yes, under rule 11, section 9
• Sec 10, rule 11
• Otherwise it shall be barred
on the ground of res judicata
• Original action was filed in the MTC the
counterclaim sets up by defendant is
beyond the jurisdiction of the MTC.
The MTC will only entertain the limited
jurisdictional amount of the MTC
• If the original action was filed in the
RTC the counterclaim shall be
entertain regardless of the amount.
• If the amount of the counterclaim
exceeds the jurisdiction of the court,
the counterclaim cannot be treated as
compulsory but permissive.
• Can a party file a motion to dismiss
with counterclaim?
• No, if the dismissal of the
main action results in the
dismissal f the counterclaim
already filed. It stands to
reason that the filing of a
motion to dismiss the
complaint is an implied
waiver of the compulsory
counterclaim because the
 grant of the motion
ultimately results in the
dismissal of the complaint.
• Permissive Counterclaim
• If it does not arise out or is
necessarily connected with the
subject matter of the opposing
party’s claim. It is essentially an
independent claim that may be filed
separately in another case.
• A counterclaim for damages based on
a quasi-delict cannot be pleaded as
compulsory counterclaim in an action
for unlawful detainer.
o Cross-claim
• Is any claim by one arty against a co-party
arising out of the transaction or occurrence
that is the subject matter either of the original
action or of a counterclaim therein. Such cross
claim may cover all or part of the original
claim.
• If cross claim is not set u, it shall be barred.
• The cross claim that is considered
barred is the cross claim already
existing at the time the answer is
filed, not the cross-claim that may
mature or may be acquired after
service of the answer. As to the latter
sec.9 rule 11 declares that it may be
leave f court be presented by
supplemental pleading
• Cross-claim cannot be set-up for the
first time on appeal.
• Cross-calim which was not set up
through oversight may be still set up,
Rule 11, section 10
o Third party complaint
• Is a claim that a defending party may with
leave of court file against a person not a party
to the action called third party defendant for
contribution, indemnity, subrogation or other
relief in respect of his opponent’s claim.
• The third party complaint shall be denied
• If the third, fourth party defendant
cannot be located within 30 days
from the grant of such leave
• Matters of extraneous to the issue in
the principal case are raised
• The effect would be to introduce a
 new and separate controversy into
the action.
o Complaint in intervention
• Intervention is a proceeding in a suit or action
by which a third person is permitted by the
court to make himself a party, either by joining
the plaintiff in claiming what is sought by the
complaint or uniting with the defendant in
resisting the claims of the plaintiff.
• Who may intervene (Sec. 9, Rule 1)
• A person who has a legal interest in
the matter in litigation
• Legal interest must be
actual, material, direct and
of an immediate character,
not merely contingent or
expectant, so that the
intervenor will either gain or
lose by direct legal operation
of judgment.
• Or in the success of either of the
parties
• Or an interest against both or is
situated as to be adversely affected by
a distribution or other disposition of
property in custody of the court.
• Requisites for intervention
• There must be a motion for leave filed
before the rendition of judgment
• Movant must show in his motion
• That he has legal interest in
matter of litigation or the
success of the parties in the
litigation
• Legal interest against both
parties
• The movant must be
adversely affected by a
distribution or other
disposition of the property in
the custody of the court.
o Answer- an answer is a pleading in which a defending
party sets forth his or her defenses.
• Negative defense- it is a specific denial of a
material facts alleged in the pleading of the
claimant essential to his cause or causes of
action
• Affirmative defenses- It is an allegation of new
matter, which while hypothetically admitting the
material allegations in the pleading of the
claimant would nevertheless prevent or bar
recoveryfrom him
• Affirmative defenses (Sec 5b, rule 6)
• Fraud,
• Statute of limitations,
• Release
• Payment
• Illegality
• Statute of frauds, estoppel,
former recovery
• Discharge in bankruptcy
• And another matter by way
of confession and avoidance
• Court has no jurisdiction
over the subject matter,
• That there is another action
pending between the same
parties for the same cause
• That the action is barred by
prior judgment.
• Summary hearing
within 15 calendar
days and the court
shall resolved the
defense for 30
days.
• Affirmative defense, (Sec. 12, Rule 8)
• That the court has no
jurisdiction over the person
of the defending party
• The venue is improperly laid.
• That the plaintiff has no legal
capacity to sue
• That the pleading asserting
the claim states no cause of
action
• That a condition precedent
for filing the claim has not
been complied with.
• Failure to raise the
affirmative
defenses at the
earliest opportunity
shall constitute a
waiver thereof.
• The court shall
motu proprio
resolve the above
 affirmative defense
within 30 calendar
days from the filing
of the answer.
• Court denies the affirmative defense
• The party cannot file a
motion for reconsideration
• No petition for certiorari or
mandamus
• Court grants the affirmative defense
• Lead to dismissal of the case
• Dismissal without prejudice
• Remedy is motion
for reconsideration
• Petition for
certiorari,
mandamus

o Reply
• An answer may be responded to by a reply only
if the defending party attaches an actionable
document to the answer.
• In the event of an actionable document attached
to the reply the defendant may file a rejoinder if
the same is based solely on actionable
document.
• Actionable document
• It is a document which is the basis of
the claim or defense of a party
• When an action or defense is founded
upon written instrument or attached to
the corresponding pleadings as
provided in the preceding section, the
genuineness and due execution of the
instrument shall be deemed admitted
unless the adverse party, under oath
specifically denies them and sets forth
what he or she claims to be the facts,
but the requirement of an oath does
not apply when the adverse party does
not appear to be a party to the
instrument or when compliance with an
order for an inspection of the original
instrument is refused.
• Failure of the plaintiff to file a reply
when the defending party attaches
attachable documents upon which he
or she bases her defense is an implied
admission of the said actionable
 documents.
 Kinds (Rule 6)
 Parts of a Pleading (Rule 7)
 Captions
 Body
 Contents- Every pleading stating a party’s claim or defenses shall,
in addition to those mandated by section 2, rule 7, state the ff.
o Names of witnesses who will be presented to prove a party’s
claim or defense
o Summary of witnesses intended testimonies, provided that
the JA o said witnesses shall be attached to the pleading and
form an integral part thereof. Inly witnesses whose judicial
affidavits are attached to the pleading shall be presented by
the parties during the trial. Except if a party presents
meritorious reasons as to the admission of additional
witnesses, no other, witnesses or affidavit shall be heard or
admitted by the court.
o Documentary and object evidence in support of the
allegations contained in the pleading.
 Signature- Every pleading and other written submissions to the
court must be signed by the party or counsel representing him or
her
o The signature of the counsel constitutes a certificate by him
that he or she has read the pleading and documents that to
the best of his knowledge, information, belief, formed after
an inquiry reasonable under the circumstances.
• It is not being presented for any improper
purpose, such as to harass, cause unnecessary
delay or needlessly increase the cost of litigation
• The claims, defenses and other legal contentions
are warranted by existing law or jurisprudence,
or by a non-frivolous argument for extending,
modifying, or reversing existing jurisprudence.
• The factual contentions have evidentiary support
or, if specifically so identified, will likely have
evidentiary support after the availment of the
mode of discovery under these rules
• The denials of the factual contentions are
warranted on the evidence or if specifically so
identified are reasonable based on belief r a lack
of information
 Verification and certification of non-forum shopping
o All initiatory pleading must be verified.
o Parties should verified the pleading
o The representative must attached proof of authority in the
pleading
o Defect in verification does not necessarily render the
pleading defective. It is only a formal defect and not a
jurisdictional requirement. The requirement is a condition
 affecting only the form of the pleading.
o All initiatory pleading must have certification against
forum shopping
o It is the plaintiff or principal party who executes the
certification under oath. It must be executed by the party
pleader, not his counsel. If however, for justifiable reason,
if the party-pleader is unable to sign, he must execute a
special power of attorney designating his counsel of
record to sign in his behalf
o The special power must attached the authority to the
pleading
o The certification against forum shopping must be signed
by all plaintiffs or petitioners in a case, otherwise, those
who did not sign will be dropped as parties to the case.
• Except when plaintiffs share a common interest
and invoke a common cause of action or
defense, the signature of only one of them
substantially comply with the rules.
o Effect of non-compliance with the rule of non-forum
shopping
• It is a ground for dismissal
• The dismissal on this ground is without prejudice
unless otherwise provided
• Not curable by amendments
• False certification and non-compliance with the
undertaking constitute direct contempt
• If forum shopping is willful or deliberate- ground
for summary dismissal with prejudice and would
constitute direct contempt.
o The court shall treat the non-compliance with the
requirements of defective verification and certification
against forum shopping
• In case of verification the court will not render
the pleading fatally defective
• But in case of certification against non-forum
shopping it is generally not curable by
amendments it may be relaxed under special
circumstances
•
 Manner of Making Allegations (Rule 8)
 In General
o Every pleading shall contain in a methodical and logical
form, a plain, concise and direct statement of the ultimate
facts, including the evidence on which the party pleading
relies for his claim or defense as the case may be.
o Correlate to section 6, rule 7
o Matters which can be generally averred
• Condition precedents (Sec. 3, rule 9)
 • Capacity to sue and be sued (sec. 4, rule 8)
• Judgment (Sec. 6, rule 8)
• Malice, intent knowledge or other condition of the
mind (Sec. 5, Rule 8)
• Official Document or act. (Sec. 9, rule 8)
o Matters which must be specifically averred
• In all averments of fraud or mistake the
circumstances constituting fraud or mistake must
be stated with particularity
• How to allege action or defense based on
actionable document
• Whenever an action or defense is
based upon written instrument or
document, the substance of such
instrument or document shall be set
forth in the pleading, and the original
or copy thereof shall be attached to the
pleading as an exhibit, which shall be
deemed to be a part of the pleading.
• How to contest such document (sec.8 , rule 8 )
• When an action or defense is founded
upon written instrument or attached to
the corresponding pleadings as
provided in the preceding section, the
genuineness and due execution of
the instrument shall be deemed
admitted unless the adverse party,
under oath specifically denies them
and sets forth what he or she
claims to be the facts, but the
requirement of an oath does not apply
when the adverse party does not
appear to be a party to the instrument
or when compliance with an order for
an inspection of the original instrument
is refused.
• Failure to deny under oath the
genuineness and due execution of the
instrument, it shall be deemed
admitted and is consider an Implied
admission which is a judicial admission
under sec.4 rule 129
• What defenses are cut off by the implied
admission
• Forgery of documents
• Lack of authority to execute the
document
• The party charged signed the
document in some other capacity than
 that alleged in the pleading
• The document was never delivered
• Document was not in the words figures
as set out in the pleading
• Manner of denying an allegation (sec 10 Rule 8)
• By specifically denying the allegation
and setting forth the substance upon
which one relies his denial
• By specifically denying some part of
the allegation and admitting the rest
• By specifically denying the allegation
for lack of knowledge sufficient to form
a belief as to the truth or falsity of the
allegation.
• Effect of failure to deny specifically
• Material averment in the complaint,
other than those as to the amount of
unliquidated damages shall be deemed
admitted if not denied under oath.
(Sec. 11, Rule 8)
• File a motion for judgment of pleading
• When the defendant alleges having no
knowledge or information sufficient to form a
belief as to the truth of the allegations of the
other party but such matters are plainly and
necessarily within defendant’s knowledge, a
claim of ignorance or lack of information will not
be considered a specific denial, hence implied
admission, (Acquintey vs Tibong)
• What is negative pregnant?
• It is a negative implying also an
affirmative and which although stated
in a negative form, really admits the
allegations to which it relates.
• It is a form of negative expression
which carries with it an affirmation or
at least implication of some kind of
favorable to the adverse party.
• Negative pregnant is not a specific
denial, it is an admission.
 Action or Defense Based on Document
o Actionable document
• It is a document which is the basis of the claim or
defense of a party
 Specific Denial
 Affirmative Defenses
o Affirmative defenses (Sec 5b, rule 6)
• Fraud,
• Statute of limitations,
 • Release
• Payment
• Illegality
• Statute of frauds, estoppel, former recovery
• Discharge in bankruptcy
• And another matter by way of confession and
avoidance
• Court has no jurisdiction over the subject
matter,
• That there is another action pending between
the same parties for the same cause
• That the action is barred by prior judgment.
• Summary hearing within 15 calendar days and
the court shall resolved the defense for 30
days
o Affirmative defense, (Sec. 12, Rule 8)
• That the court has no jurisdiction over the
person of the defending party
• The venue is improperly laid.
• That the plaintiff has no legal capacity to sue
• That the pleading asserting the claim states no
cause of action
• When all the elements of the cause of
action are not present in the complaint
• Note: you have to hypothetically admit
the allegation in the complaint. If after
hypothetically admitting, the court
cannot render a valid judgment, then
the allegations in the complaint states
no cause of action.
• That a condition precedent for filing the claim
has not been complied with.
• Referral to barangay
• Earnest effort of compromise
• Tender of payment in consignation
o
 Effect of Failure to Plead (Rule 9)
 They are deemed waived except lack of jurisdiction over the
subject matter, litis pendentia, res judicata, prescription.
 Compulsory counterclaim, cross-claim not set up is barred
 Default
o If the defending party fails to answer within the time allowed
therefor (30 days after service of summons) or another 30
days when extension to file an answer is granted.
o The court shall upon motion of the claiming party with
notice to the defending party and proof of such failure
declare the defending part in default.
o Thereupon, the court shall proceed to render judgment
granting the claimant such relief as his pleading may warrant
 unless the court in its discretion requires the claimant to
submit evidence. Such reception of evidence may be
delegated to the clerk of court.
 Effects of declaration of default
o A party in default shall be entitled to notice of subsequent
proceedings but not to take part in the trial
o Allow the plaintiff to present evidence ex-parte
o Court shall render judgment granting the claimant such relief
as his pleading may warrant unless the court in its discretion
requires the claimant to submit evidence.
o A judgment rendered against a party in default shall not
exceed the amount or be different in kind from that prayed
for nor award unliquidated damages.
o Plaintiff must filed a motion ordering the defendant in default
since the defendant may still file an answer if he/she was not
yet declared default.
o Remedy after notice of order of default but before
judgment-
• File a motion under oath to set aside the
order of default upon proper showing that
his failure to answer was due to fraud,
accident, mistake or excusable negligence
and that he has a meritorious defense.
o Remedy after judgment and before judgment
becomes final and executory-
• File a motion for new trial under Rule 37 or
appeal the judgment if contrary to evidence
or law.
o Remedy after judgment becomes final and executory-
• File a petition for relief of judgment. Under
Rule 38.
o May a party be declared in default for other reason?
• Yes, if a disobedient party refuses to obey an order
requiring him to comply with various modes of
discovery (sec. 3c , Rule 39
• If a party or officer or managing agent of party
fails to appear before the officer who is to take his
deposition, or a party fails to serve answer to
interrogatories. (Sec 5, Rule 29

 Amended and Supplemental Pleadings (Rule 10)

 Amendment as a matter of right
o At any time before the responsive pleading is served or in
the case of a reply at any time within ten calendar days after
it is served
o May the complaint be amended as a matter of right after a
motion to dismiss is served?
• Yes, because a motion to dismiss is not a
 responsive pleading and its filing does not preclude
the exercise of the plaintiff’s right to amend his
complaint.
o If the motion to dismiss is granted may a compliant be
amended as a matter of right?
• Yes, provided that the order of dismissal is not
yet final and executory.
o May amendment be made to correct the jurisdictional
defect before responsive pleading is filed?
• Yes, because amendment is a matter of right.
• Read Gumabay vs Baralin
o Amendment with leave of court shall be filed when
responsive pleading has already been filed.
o Substantial amendments may be made only upon leave of
court. But such leave shall be refused if it
• 1. appears that the motion was made with
intent to delay,
• 2. Or confer jurisdiction on the court (Campos
Rueda Corp vs Bautista)
• Complaint cannot be amended to
confer jurisdiction on the court in
which it was filed, if the cause of
action originally set forth was not
within the court’s jurisidiction.
• This is because the court must acquire
jurisdiction first over the subject
matter in order to act validly on the
same including its amendment.
• 3. Or the pleading stated no cause of action
from the beginning which could be amended.
Orders of the court upon the matters provided in
this section shall be made upon motion filed in
court, and after notice to the adverse party and
an opportunity to be heard.
• Section 5 rule 10, applies to situation wherein
the evidence not within the issue raised in the
pleadings is presented by the parties during the
trial, and to conform such evidence the
pleadings are subsequently amended on motion
of a party. Thus, a complaint which fails to state
a cause of action may be cured by evidence
presented during the trial. However the curing
effect under section 5 is applicable only if a
cause of action in fact exist at the time the
complaint is filed but the complaint is defective
for failure to allege the essential facts.
(swagman hotels and travels vs CA)
• Sec 5 (amendment to conform to or authorize
presentation of evidence. When issues not
 raised in the pleadings are tried with the express
and implied consent of the parties, they shall be
treated in all respects as if they had been raised
in the pleadings. No amendment is necessary to
cause them to conform to the evidence.
• Effect of amendment
• It supersedes the pleading that it
amends
• The admission made in the superseded
pleading may be received in evidence
against the pleader. It is treated as
extra-judicial admission
• Is summons required to be issued after a
complaint is amended?
• If the summons have already been
served there is no need for the
issuance of another summons because
the court has already acquired
jurisdiction over the person of the
defendant.
• However if the complaint was
amended prior to the service of
summons, new summons is needed for
the amended complaint.
• Supplemental pleading is one which forth
transactions, occurrences or events which have
happened since the date of the pleading sought
to be supplemented.
• When the cause of action in the
supplemental complaint is different
from the cause of action mentioned in
the original complaint, the court
should not admit the supplemental
complaint. Its usual office is to set up
new facts which justify, enlarge or
change the kind of relief with respect
to the same subject matter as the
controversy referred to in the original
complaint.
 When to File Responsive Pleadings (Rule 11)\
 Answer to complaint- 30 days after service of summons
 Answer of a defendant foreign private juridical entity when summon
is made on government officials designated by law to receive the
same- 60 days from receipt of summons
 Answer to amended complaint- 30 days if amendment is a matter
of right or 15 days if amendment is not a matter of right. This rule
shall apply to answer to amended counterclaim, cross-claim, third
fourth party complaint, complaint in intervention.
 Answer to counterclaim or cross claim- 20 days from service
  Answer to third party- 30 days
 Reply under sec. 10 rule 6- 15 days from service
 Answer to supplemental complaint- 20 days from notice of the
order admitting
 Motion for extension of time
o Applicable to answer
o One instance
o 30 days
G. Filing and Service (Rule 13)
 Service is the act of providing a party with a copy of the pleading or any
other court submission
 Filing- is the act of submitting the pleading or other paper to the court
 Manner of filing
 Personal- date and hour of filing
 Registered mail - the date of mailing of the motions and pleadings
and other court submissions and payments or deposits as shown b
the post office stamp on the envelope or the registry receipt, shall
be considered the date of filing
 Accredited courier
 Transmitting by electronic mail or other electronic means as may
be authorized by the court in places where the court is
electronically equipped. The date of electronic transmission shall be
considered the date of filing
 Modes of service-
 Personal service
o Personal delivery to the party or the party counsels or to
authorized persons named in the appropriate pleading
o Or by leaving it in his/her office with his clerk or with a
person having charged thereon
o If no person is found in the office or his her office is unknown
or he has no office, then by leaving a copy between 8 am to
6 pm at the party’s or counsel residence if known with a
person of sufficient age and discretion residing therein
 By registered mail- It shall be made by depositing the copy in the
post office in a sealed envelope and plainly addressed to the party
or party’s counsel at his office if known or otherwise his residence if
known with postage fully prepaid and with instructions to the
postmaster to return the mail to the sender after 10 calendar days
if undelivered. If no registry service is available in the locality of
either the sender or the addressee, service may be done by
ordinary mail.
 Substituted service-if service of pleadings, motions, notices,
resolutions, orders and papers cannot be made under the two
preceding section : the office and place of residence of the party or
his counsel is unknown, service may be made by delivering the
copy to the clerk of court with proof of failure of both personal
service and service by mail, The service Is complete at the time of
delivery.
 By accredited courier- party consent of such modes (impliedly
 amended by the circular and administrative regulations made by
the court during pandemic
 Electronic mail, facsimile transactions or other electronic means as
may be authorized by the court
 Service or as provided for in international conventions to which the
Philippines is a party.
 Presumptive service- there shall be presumptive notice to a party of
a court setting if such notice appears on the records to have been
mailed at least 20 calendar days prior to the scheduled date of
hearing and if the addressee is from within the judicial region of the
court where the case is pending or at least 30 calendar days if the
addressee is found outside the judicial region
 Completeness of service
o Personal service- actual delivery
o Ordinary Mail- upon the expiration of ten calendar days after
mailing, unless otherwise the court provides.
o Registered Mail- 5 days from the date he receives the first
notice of the post master whichever date is earlier
o Accredited courier- actual receipt or at least two attempts
of delivery or upon the expiration of 5calndar days after
the first attempt to deliver whichever is earlier
o Electronic service- the time of electronic transmission.
o Facsimile- receipt by the party as indicated in the
facsimile transmission
o Proof of filing
 Mode of service of judgments or resolution of the court
 Personal service
 By registered mail
 Upon ex parte motion of any party in the case, a copy of the
judgment final order or resolution may be delivered by accredited
courier at the expense of the party.
 When a party summoned by publication has failed to appear in the
action, judgment, resolutions and final orders against him/her shall
be served also by means of publication.
 Rules on Payment of Docket Fees; Effect of Non-Payment
 Efficient Use of Paper Rule; E-filing (A.M. No. 10-3-7-SC and
A.M. No. 11-9-4-SC, as revised, approved on February 22, 2022)
H. Summons (Rule 14)
 Summons is a writ by which the defendant is notified of the action
brought against him
o It has two-fold purpose
• Acquire jurisdiction over the person of the
defendant
• Notify the defendant that an action has been
commenced against him
 Nature and Purpose of Summons in Relation to Actions In
Personam, In Rem, and Quasi In Rem
 In personam
 o To acquire jurisdiction over the person of the
defendant
 In rem or quasi in rem-
o The purpose of summons in action in rem or quasi
in rem is not to acquire jurisdiction over the
defendant but to satisfy the element of due
process
 Jurisdiction over the person of the defendant is acquired
through
o Service o summons or through defendants
o Voluntary appearance or submission to the court
• By filing an answer
• By asking an affirmative relief from the
court.
• Except when the act of making
a conditional appearance or
special appearance in court is
to object the jurisdiction of
the court over the court
over his person, is not
deemed a voluntary submission
to the jurisdiction of the court
 Who issues summons:
o Unless the complaint on its face is dismissible
under sec 1, rule 9 of the court, within 5 calendar
days from receipt of the initiatory pleading and
proof of payment of the required legal fees, direct
the clerk of court to forthwith issue the
corresponding summons to the defendant
o The court may dismiss motu proprio if the
complaint on its face is dismissible based on the
four grounds.
 Who May Serve Summons
 Sheriff, deputy other court officer and the plaintiff when
authorized by court together ith the sheriff if within the judicial
region
 If outside judicial region the plaintiff shall be authorized to cause
the service of summons
 If the plaintiff is a juridical entity, it shall notify in writing and
name its authorized representatives therein, attaching a board
resolution or secretary’s certificate thereto as the case may
be stating that such representative is duly authorized to serve
summons on behalf of the plaintiff.
o If the plaintiff misrepresents that the defendant received
the summons, the case shall be dismissed with prejudice,
this proceedings shall be nullified and the plaintiff shall be
meted with appropriate sanctions.
 If summons cannot be served upon all or any of the defendants
the court shall order the plaintiff to cause the service of
 summons by other means available under these rule, failure to
comply with the orders shall cause the dismissal of the initiatory
pleadings without prejudice.
 Validity of Summons and Issuance of Alias Summons
 Summons shall remain valid until duly served unless it is recalled
by the court. In case of destruction of summons the court may
upon motion issue an alias summons
 There is failure of service after unsuccessful attempts to
personally serve the summons on the defendant in his or her
address indicated in the complaint. Substituted service should be
in a manner provided under section 6 of this rile
 Personal Service (Sec. 5 rule 14)
 Handing a copy to the defendant in person and informing the
defendant that he or she is being served or if he or she refuses to
receive and sign for it, by leaving the summons within the view
and in the presence of the defendant.
 Preferred mode of summons is personal service upon the person
of the defendant.
 Service of summons effected upon an entity without juridical
personality
o When persons associated in an entity without juridical
personality are sued under the name by which they are
generally or commonly known, service may be effected
upon all the defendants by serving upon any one of them
or upon the person in charge of the office or place of
business maintained in such name. But such service shall
not bind individually any person whose connection with
the entity, has upon due notice, been severed before the
action was brought.
 Service of summons effected upon a domestic private entity
o When the defendant is a corporation, partnership or
association organized under the laws of the Philippines
with a juridical personality, service may be made on the
president, managing partner, general manager, corporate
secretary, treasurer, or in house counsel of the
corporation wherever they may be found or in their
absence or unavailability their secretaries.
• Service may be served wherever they may be
found
o If such service cannot be made upon any of the foregoing
person, it shall be made upon the person who customarily
receives correspondence for the defendant at its principal
office.
o If the corporation is under the receivership or liquidation it
shall be made on the receiver or the liquidator.
o Should there be a refusal on the part of the persons
above-mentioned to receive summons despite at least
three attempts on two separate dates service may be
made electronically of allowed by the court as provided
 under section 6 of this rule
o Improper service of summons may be cured by the proof
of actual service of summons.
• Duty of counsel of record- Where the summons
is improperly served and a lawyer makes a
special appearance on behalf of the defendant
to, among others question the validity of service
of summons, the counsel shall be deputized by
the court to serve summons on his or her client.
• By asking affirmative relief from the court
o Service of summons effected upon foreign private entity
doing business in the Philippines
• The summons shall be served to the resident
agent designated
• It has been held that when a foreign corporation
has designated a person to receive summons on
its behalf pursuant to the Corporation code, that
designation is exclusive and service of summons
on any other person is inefficacious.
o If the foreign private juridical entity is not registered in
the Philippines or has no resident agent designated but
has transacted in the Philippines, such service may leave
of court be effected by
• Personal service coursed through the
appropriate court in the foreign country with the
assistance of the department of foreign affairs.
• By publication once in a newspaper of general
circulation in the country where the defendant
may be found or by serving a copy of the
summon and the court order by registered mail
at the last known address of the defendant
• By facsimile
• By electronic means with the prescribed proof of
service
• By such other means as the court in its
discretion may direct
o How is service upon an unincorporated government
agency effected?
• It is as if directed agents the agency’s principal
which is the republic of the Philippines thus
summons should be served upon the solicitor
general
o How will summons be effected upon a defendant whose
identity or whereabouts are unknown (sec 16, rule 14)
• In any action where the defendant is designates
as unknown owner or the like or whenever his or
her whereabouts are unknown and cannot be
ascertained with diligent inquiry, within ninety
calendar days from the commencement of the
 action, service may by leave of court be effected
upon him or her b publication in a newspaper if
general circulation and in such places and for
such time as the court may order.
• Thus in section 16 rule 14 authorizes summons
by publication in any action and the rule
obviously does not distinguished whether the
action is in personam or in rem or quasi in rem.
The tenor of the rule authorizes summons by
publication whatever the action may be as long
as the identity of the defendant is unknown or
his whereabouts are unknown.
 Substituted Service
 Nature
o It is a method extraordinary in character, hence may be
used only as prescribed and in the circumstances
authorized by the statute.
o Hence return which merely states the alleged whereabouts
of the defendants without indicating that such information
was verified and without specifying the efforts exerted to
serve the summons is enough for compliance. So is mere
general statement that such efforts were made.
 There must be several attempts by the sheriff to personally serve
the summons within a reasonable period of time which eventually
resulted failure to personally serve it in person, For justifiable
cause the defendant cannot be served personally after at least
three attempts on two separate dates,
o Reasonable time means time as is necessary under the
circumstances for a reasonably prudent and diligent man to
do, conveniently what the contract or duty requires that
should be done, having a regard for the rights and
possibility of loss, if any to the other party.
o In the case of OCA vs Cabrera reasonable time means one
month with regard to personal service.
 Different modes of substituted service
o Leaving copies of summon at the defendant’s residence to
a person at least 18 years of age and of sufficient
discretion residing therein. Manotoc vs CA
o By leaving a copies of summons at the defendant’s office or
regular place of business with some competent person in
charge thereof. A competent person includes but not
limited to one who customarily receives the
correspondences for the defendant.
o By leaving copies of summons if refused entry upon or
making his or her authority and purpose known, with any
of the officers of the homeowner’s association or
condominium corporation or its chief security officer
in charge of the community or the building where the
defendant may be found. (Robinsons vs Miralles)
 o By sending an electronic mail to the defendant’s electronic
mail address if allowed by court.
o It must be stated in the return, sec 20
• The impossibility of prompt personal service
within a period of 30 calendar days from issue
and recipt of summons
• The date and time of the three attempts on at
least two different days to cause the personal
service and the details of the inquiries made to
locate the defendant residing thereat
• The name of the persons at least 18 years of age
and of sufficient discretion residing thereat
• The name of the competent person in charge of
the defendant’s office or regular place of business
• Name of the officers of the homeowners’
association or condominium corporation or its
chief security officer in charge in the community
or building when the defendant may be found
• If this is not stated in the return the substituted
service is invalid.
 Constructive Service
 Extraterritorial Service
 Section 17
 When is extra-territorial service effected?
o The defendant is non-resident and is not found in the
Philippines
o The action is in rem or quasi in rem
• Affects the personal status of the plaintiff or
relates to
• The subject of which is the property within the
Philippines in which the defendant has or claims
a lien or interest, actual or contingent or in
which the relied demanded consist wholly or in
part in excluding the defendant from any
interest
• The property of the defendant has been
attached in the Philippines
o Modes of extra territorial service
• Personal service under section 5
• Publication in newspaper in such place
• By international convention by Philippine is a
party
• Other manner the court may deem sufficient.
o Extra-territorial service is not available in an action in
personam
• Except (Section 18) Residents temporarily out of
the Philippines
• When any action is commenced
against a defendant who ordinarily
 resides within the Philippines but who
is temporarily out of it, service may be
leave of court be also effected out of
the Philippines as under the preceding
section 9Section 17
• In Palma vs Galvez, the Sc rule that in
case of resident temporarily out of the
Philippines, extraterritorial service is
not mandatory since section 16 rule 14
uses the word may and thus be
substituted service of summons may
be resorted to.
• It is merely directory and not
mandatory.
•
 Section 23, rule 14
o The defendant’s voluntary appearance in the action shall
be equivalent to service of summons. The inclusion in a
motion to dismiss of other grounds aside from lack of
jurisdiction over the person of the defendant shall be
deemed a voluntary appearance.
 Proof of Service
 The proof of service shall be made in writing by the server and
shall set forth the manner, place and date of service shall specify
any papers which have been served with the process and the
name of the person who received the same; and shall be sworn to
when made by a person other than a sheriff or his or her deputy.
 If summon was served by electronic mail, a printout of said email
with the copy of summons as served and the affidavit of the
person mailing shall constitute a proof of service.
 Proof of service by publication- If the service has been made by
publication, service may be proved by the affidavit of the publisher,
editor. Business or advertising manager, to which affidavit a copy of the
publication shall be attached and by an affidavit showing the deposit of
a copy of the summons and order for publication in the post office,
postage prepaid, directed to the defendant by registered mail to his or
her last known address

I. Motions (Rule 15)

 Motion is an application for relief other than by a pleading.
 Notice of hearing is not necessary
 However when the motion is based on facts not appearing on
record, the court may hear the matter on affidavits or
depositions presented by the respective parties, but the court
may direct that the matter be heard wholly or partly on oral
testimony or depositions.
 In General
 Non-litigious Motions
 Motions which the court may act upon without prejudicing the
 right of the adverse parties are non-litigious motion
o Motion for the issuance of alias summons
o Motion to file an extension to file an answer
o Motion for postponement
o Motion for the issuance of a writ of execution
o Motion for the issuance of a writ of possession
o Motion for the issuance of an order directing the sheriff to
execute the final certificate of sale
o Other similar motions
• Ex parte motion
 These motions shall not be set for hearing and shall be resolved
by the court within five (5) calendar days from receipt thereof
 Litigious Motions
 When it prejudice the right of the plaintiff
o Motion for bill of particulars
o Motion to dismiss
o Motion for new trial
o Motion for reconsideration
o Motion for execution pending appeal
o Motion to amend after a responsive pleading has been filed
o Motion to cancel statutory lien
o Motion for an order to break in or for a writ of demolition
o Motion for intervention
o Motion for judgment on the pleadings
o Motion for summary judgment
o Demurrer to evidence
o Motion to declare defendant in default
o Other similar motions
 Defendant may file an opposition within five calendar days from
receipt of the motion
 Such motion shall be resolved by the court within fifteen (15)
calendar days from its receipt of opposition or upon expiration of
the period to file an opposition.
 Hearing is discretionary
 Proof of service is necessary- personal, registered mail,
accredited courier. Electronic mail
o
 Prohibited Motions
 Motion to dismiss except on the ground of
o That the court has no jurisdiction over the subject matter
of the claim
o Litis pendentia
• Identity of parties or at least such as
representing the same interest in both actions
• Identity of rights asserted and reliefs prayed
fo, the relief being founded on the same facts
• Identity of the same cause of actions such
 that judgment in one case will amount to res
judicata
o Res judicata
o Prescription
• It must be filed within the time for filing of the
answer however the motion to dismiss based on
the four grounds may be filed even after the
answer has been filed.
 Motion to hear affirmative defenses
 Motion for reconsideration of the court action on the affirmative
defenses
 Motion to suspend the proceeding without temporary restraining
order or injunction issued by a higher court
 Motion for extension of time to file pleadings, affidavits o any
other papers except a motion for extension to file an answer as
provided by section 11 rule 11
 Motion for postponement intended for delay except acts of God,
force majeure or physical inability of the witness to appear and
testify. If the motion is granted based on such exceptions, the
moving party shall be warned that the presentation of evidence
must still be terminated on the dates previously agreed upon
 Motion for Bill of Particulars (Rule 12)
 If the allegations in the pleading is not definitive or is vague to
enable the adverse party to prepare his responsive pleading.
 If the motion is granted compliance therewith must be effected
within ten days from notice of the order unless a different period is
fixed by court.
 If the order is not obeyed or in case of insufficient compliance, the
court may order the striking out of the pleading or portions thereof
to which the order was directed or make such order as it deems
just.
 If it is filed within a period for filing a responsive pleading.
J. Dismissal of Actions (Rule 17)
 With Prejudice vs. Without Prejudice
 With prejudice- subject to the right of appeal, an order granting a
motion to dismiss or an affirmative defense that the cause of
action is
o barred by a prior judgment
o or by statute of limitations;
o That the claim or demand set forth in the plaintiffs pleading
has been paid, waived, abandoned or otherwise
extinguished.
o Or that the claim is founded is unenforceable under the
provisions of statute of frauds,
o Shall bar the refiling of the same
o Sec 3, rule 14 – misrepresentation of the plaintiff
o Sec 1, rule 17-
o Dismissal upon notice of dismissal wherein the court
 provides that its shall be with prejudice.
o two dismissal upon notice by the plaintiff
o Dismissal due to the fault of the plaintiff
 Without prejudice- remedy is certiorari
o Improper venue
o Sec 1, rule 17- first dismissal upon notice of the plaintiff
 Dismissals Which Have an Effect of an Adjudication on the Merits
K. Pre-Trial (Rule 18)
 Nature and Purpose (Sec. 2, Rule 18)
 Appearance of Parties; Effects of Failure to Appear
 It shall be the duty of the parties and their counsel to appear at
the pre-trial, CAM and JDR
 Non-appearance during pre-trial, Court annexed Mediation,
Judicial dispute resolution shall be deemed non-appearance at the
pre-trial and shall merit the same sanctions under Section 5.\
o Non-appearance may be excused for
• Acts of God
• Force majeure
• Duly Substantiated Physical inability
o Sec. 5 – when duly notified, the failure of the plaintiff and
counsel to appear without valid cause shall cause the
dismissal of action.
o It also shall cause to allow the plaintiff to present his or her
evidence ex-parte within ten calendar days from the
termination of Pre-trial and the court render judgment on
the basis of the evidence offered.
o The dismissal is with prejudice unless otherwise ordered
 A representative may appear on behalf of the party but must be
fully authorized in writing (special power attorney) to enter into
o Amicable settlement
o Submit to alternative modes of dispute resolutions
o And to enter into stipulations or admissions of facts and
documents

  Pre-Trial Brief; Effect of Failure to File
 The parties shall file with the court and serve on the adverse party in
such manner as shall ensure their receipt thereof at least three (3)
calendar days before the date of the pre-trial, their respective pre-trial
briefs.
 Failure to file the pre-trial shall have the same effect as failure to
appear at pre-trial-
o Dismissal of the action with prejudice unless otherwise ordered
by court
o Shall case the plaintiff to present his or he evidence ex-parte
 Sec. 10- Judgment after pre-trial- should there be no more
controverted facts or no more genuine issues as to any material
fact or an absence of any issue, or should the answer fails to
tender an issue the court shall without prejudice to a party
moving for judgments on the pleadings under Rule 34 and
Summary judgment under Rule 35 motu proprio in the pre-trial
order that the case be submitted for summary judgment or
judgment on the pleadings without need of position papers or
memoranda In such cases rendered within 90 calenda das from
the termination of the pre-trial. The order of the court to submit
the case for judgment pursuant to this rule shall not be subject to
appeal or certiorari

L. Intervention (Rule 19)
M. Subpoena (Rule 21)
N. Computation of Time (Rule 22)
O. Modes of Discovery
 Depositions (Rules 23 and 24, See People v. Sergio,
G.R. No. 240053, October 9, 2019)
 Deposition is the taking of testimony of any person
whether he be a party or not but at the instance of a party
to the action. This testimony is taken out of court.
 How is deposition taken?
o Deposition upon oral examination
o Deposition upon written interrogatories
 Whose deposition may be taken?
o any person whether he be a party or not
 Before whom may deposition be taken
o Philippines
• Judged; Notary public
• Persons authorized to administer oath, if
agreed by the parties
o Foreign country
• Secretary of embassy or legation
• Consul general
• Consul
• Vice consul
• Consular agent
 • Person as may be appointed by
commission or letter’s rogatory
• Dasmarinas Garment vs Reyes
• The person authorized to administer oaths
 Deposition Pending Action (Rule 23)
o Deposition de benne esse
o Is it necessary to ask permission from the court for
the taking of deposition if there is a pending
action?
• Yes, because deposition can be taken
upon ex-parte motion of party
 People v. Sergio, G.R. No. 240053, October 9, 2019)
 May rule 23 apply suppletorily in criminal actions?
o Judge granted the motion with the condition that
• The taking of deposition should be by
way of written interrogatories
• The judge should be present in the taking
of deposition
o In extraordinary circumstance rule 23 may be
applied in such case
o Violation of the constitutional right of
confrontation-defense
• No violation because of the two condition
 Suppose the party refused to appear
o The attendance of the witnesses may be compelled
by the use of subpoena buy the court where the
deposition shall be taken
 Any relevant matters may be asked except privileged
 Objections to the admissibility of depositions may be
made at the trial or hearing to receiving in evidence
 Use of Deposition
o Trial
o Hearing of motion
o Hearing of interlocutory proceeding
 Against whom may it be used
o Against any party who was present
o Against a party who was not present but notified
 For what purpose it may be used?
o Impeaching purposes if the deponent is a witness
o It may be used for any purpose if the deponent is a
party
 If may be used for any purpose
o If that witness is dead
o That the witness resides more than 100 km from te
place of trial or hearing or is out of the Philippines
unless it appears that his absence was procured by
the party offering the deposition
o That the witness is unable to attend or testify
because of age, sickness infirmity or imprisonment
 o The party offering the deposition has been unable
to procure the attendance of the witness by
subpoena
o Upon application and notice that such exceptional
circumstances exist as to make it desirable in the
interest of justice and with due regard to the
importance of presenting the testimony of
witnesses orally in open court or to allow the
deposition to be used.
 Effect of using Depositions- makes the deponent the
witness of the [party introducing the deposition
 Deposition before action or pending appeal (Rule 24
o In perpetuam rei memoriam
o A person who desires to perpetuate his own
testimony or that of another person regarding any
matter that may be cognizable in the court of the
Philippines, may file a verified petition in the court
of the place of the residence of any expected party.
o The same as Rule 134- Perpetuation of Testimony
o Procedure
• File a petition
• Petitioner shall serve notice to all person
named in the petition
• If the court is satisfied it shall issue an
order granting the petition
• Deposition taking will follow Rule 23
 Deposition pending appeal
o If an appeal has been taken from a judgment of a
court including the CA in proper cases or before the
taking of an appeal if the time therefore has not
expired, the court in which the judgment was
rendered may allow the taking of depositions of
witness to perpetuate their testimony for use in the
event of further proceedings in the said court. In
such case the party who desires to perpetuate the
testimony may make a motion in the said court for
leave to take the depositions upon the same notice
and service thereof as if the action was pending
therein

 Interrogatories to Parties (Rule 25)

 Ex parte motion to serve interrogatories to parties.
 Are directed to adverse party and not to stranger
 The purpose of serving written interrogatories is to elicit facts from
any adverse party. However the answers may also be used as
admissions of the adverse party
 Also it may limit the subjects of controversy at the trial and avoid
unnecessary testimony and waste of time in preparation
 Rule 23 vs Rule 25
 o Rule 23
• There is a deposition officer
• The subject of interrogatories are either party or
non-party
• Written interrogatories are delivered to deposition
officer
o Rule 25
• No deposition officer
• It is directed only to parties
• Written interrogatories are delivered directly to the
adverse party
o Scope and use of interrogatories
• May relate to any matters that can be inquired into
under section 2 of rule 23 and the answers may be
used for the same purposes provided in section 4
of the same rule
o May the adverse part object to interrogatories
• Ye son the ground that the matters inquired into is
not relevant and is privilege
• The objections may be made within 10 calendar
days from service of the written interrogatories
o Answer should be filed within 15 days from service of written
interrogatories and must be under oath and must be served
and filed in court and serve to the requesting party
o Effect of failure to serve written interrogatories
• Unless otherwise allowed by the court for good
cause shown and to prevent failure of justice, a
party not serve with written interrogatories may
not be compelled by the adverse party to give
testimony in open court or to give a deposition
pending appeal
 Admission by Adverse Party (Rule 26)
 At any time after issues have been joined. A party may file
and serve upon any other party a written request for the admission
by the latter of the genuineness of any material and relevant
document described in and exhibited with the request or of the
truth of any material and relevant matter of fact set forth in the
request. Copies of te documents shall be delivered with the request
unless copies have already been furnished
 At any time after issues have been joined- after all
responsive pleadings have been filed
 What can be done after receiving the request
o Object to the request and file to the court and serve to the
requesting party the verified Reply to the Request for
admission
 Effect of admission if not answered- consider as an implied
admission and shall be deemed admitted.
 Effect of admission- it can be used for the purpose of the pending
action only and shall not constitute an admission by him for any
other purpose nor may the same be used against him in any other
 proceedings
 Effect of failure to file and serve request for admission on the
adverse party of any material and relevant facts at issue which are
or ought to be within the personal knowledge of the latter shall not
be permitted to present evidence on such facts.
 If the actionable document is already denied under oath, it need
not be subject of request for admission
o PO vs CA
• A party should not be compelled to admit matters
of fact already admitted by his pleading and
concerning which there is no issue, nor should he
be required to make a second denial of those
already denied in his answer to the complaint.
o A party should not be compelled to admit matters of fact
already admitted by his pleading and concerning which there
is no issue, nor should he be required to make a second
denial in his answer to the complaint. It is just a useless
ceremony ( Briboneria vs CA)
o The request of admission should be addressed to the lawyer
of the party and the later did not answer the request, would
it have the effect of admitting the maters subject of the
request?
• No, the SC held that request for admission must
be served directly upon the party requested,
Otherwise, the party cannot be deemed to have
admitted the genuineness of any relevant matters
of the fact set forth therein on account of the
failure to answer the request for admission.
 Production or Inspection of Documents or Things (Rule 27)
 Requisites for inspection of documents
o The party must file a motion for the production or inspection
of documents or things, showing good cause therefore
o Notice of the motion must be served to all other parties of
the case
o The motion must designate the documents, papers books,
accounts, letters, photographs, object or tangible things
which the party wishes to be produce and inspected.
o Such documents are not privileged
• Chan vs Chan
• If sought to be examined is a record
regarding the drug rehabilitation of
a party, then such matter cannot be
subject of an order for examination
of documents because it is a mateer
of privilege
•
o Such document constitute certain evidence material to any
matter involved in the action
 o Such document are in the possession, custody or control of
the other party.
 A motion for production of document may be availed of even
beyond pre-trial stage but before judgment rendered by the trial
court, upon showing of good cause and relevance of the documents
sought to be produced as required under rule 27
 Rule 27 vs subpoena duces tecum
o There is need to show good cause for production or
inspection of documents while good cause is not required in
subpoena duces tecum
o An order for production or inspection of documents can only
be directed to a party while subpoena duces tecum may be
directed to a non-;arty
o An order for production or inspection of documents is a pre-
trial evidence to obtain fact to prepare for trial while
subpoena duces tecum is a process used during trial proper.
 Physical and Mental Examination of Persons (Rule 28)
 When examination be ordered?
o In an action in which the mental or physical condition of a
party is in controversy
• Examples
• Annulment for annulment of contract on the
ground of insanity
• Petition for guardianship of a person alleged to be
insane
• Action to recover damages for personal injury
where the issue is the extent of the injuries of the
plaintiff
o How is this mode of discovery done
• The requesting party shall file a motion in court
requesting the physical or mental examination of
a party
• The party to be examined and other parties must
be notified
• The motion shall specify the time place, manner,
conditions and scope of examination and the other
person to whom it is to be made
• The motion must show good reason for
examination
o What is the effect if the party refused to be examined
• The requesting party may request from the court
an order that the designated facts subject of the
request shall be deemed established
• But the party sought to be examined cannot be
arrested, even if he refused to follow the order of
the court.
 Refusal to Comply With Modes of Discovery (Rule 29)
 Refusal to answer- the proponent may thereafter apply to the
proper court of the place where the deposition is being taken for an
order to compel an answer. The same procedure may be availed of
 when a party or a witness refuses to answer any interrogatory
submitted under rule 23 and 25
 Other consequences under 27 and 28
o File a motion that your claim shall be established as facts
o An order refusing to allow the disobedient party to support or
oppose designated claims or defenses or prohibiting him
from introducing evidence designated documents or things
or items of testimony or from introducing evidence of
physical or mental condition
o An order striking out pleadings or parts thereof, staying
further proceedings until the order is obeyed or dismissing
the action or proceeding or any part thereof or rendering a
judgment by default against the disobedient party.
• The remedy is available in case failure of the party
to attend in deposition taking or failed to serve
answers to written interrogatories under sec. 5,
rule 24.
o In lieu of any foregoing orders or in addition thereto, an
order directing the arrest of any party or agent of the party
for disobeying any of such orders except an order to submit
to a physical or mental examination.
P. Trial (Rule 30)
 Schedule of Trial
 The parties shall strictly observe the scheduled hearings as agreed
upon and set forth in the pre-trial order

 Adjournments and Postponements
 Requisites of Motion to Postpone Trial for Illness of
Party or Counsel
 If it appears upon affidavit or sworn certification that the
presence of such party or counsel at the trial is
indispensable and that the character of his or her illness is
such as to render his or her on-attendance is excusable
Q. Consolidation or Severance (Rule 31)
 Consolidation is proper when an action involves a common
question of law or fact are pending before the court. It may order a
joint hearing or trial of any or all the matters in issue in the actions: it may
order all the actions consolidated and it may make such orders concerning
proceedings there as may tend to avoid unnecessary cost or delay
 May an action and proceeding be consolidated
 Yes, the technical difference between an action or a proceeding
involving the same parties and subject matter becomes
insignificant and consolidation becomes a logical conclusion to
avoid confusion and unnecessary expenses with multiplicity of
suits
 In fact ordinary civil action may be consolidated with writ of
possession
 May case pending in different courts involving the same parties with
the same issue be consolidated
 Yes, consolidation is proper when the actions involve the same
 reliefs or the same parties and basically the same issues or
when there is real need to forestall the possibility of conflicting
decisions being rendered in the cases, provided that the
measure wil not give one party an undue advantage over the
other or prejudice the substantial rights of any of the parties.
R. Demurrer to Evidence (Rule 33)
 After the plaintiff has completed the presentation of his evidence.
 Grounds
 Upon facts and the law the plaintiff has shown no right to relief.
 This is equivalent to insufficiency of evidence
 Res Judicata may also be used as a ground for demurrer
9Rpublic vs Tuvera
 Lack of cause of action is also ground for demurrer (Apostolic of
cause of action is also a ground for demurrer
 Effect of Order Denying Demurrer to Evidence
 If the motion is denied the defendant would be allow to present
evidence
 If the motion is granted but on appeal the order of dismissal is
reversed he shall be deemed to have waived the right to present
evidence
 The dismissal is with prejudice
o An order dismissing the case on demurrer is a judgment on
the merit. Thus, it is imperative that it be a reasoned
decision clearly and distinctly stating therein the facts and
the law which it is based
 Remedy if the motion is granted is appeal
 Appellate court shall decide the case on the case presented by
plaintiff.
 Effect of grant of Demurrer
o Dismiss the case
o If the order is reversed in the appellate court the defendant
loses his right to present evidence
o It is not correct for the appellate court to remand the case
for further proceedings. The correct procedure is for the
appellate court to render judgment based on the pieces of
evidence presented by the plaintiff.
 Effect of denial of demurrer of evidence
o Defendant will present an evidence
o The denial of demurrer is not a final order it is an
interlocutory order.
 Civil vs criminal demurrer
o In civil demurrer, leave of court is not required but in
criminal demurrer it may be with or without leave of court
o In the former if granted the order is appealable while in the
latter the granted order is not appealable
o In the former is denied the defendant may present
evidence while if the latter is denied the accused may
present evidence if he filed it with leave of court
o The former cannot be granted muto proprio while the court
 may dismiss the case motu proprio with the latter
S. Judgments and Final Orders
 Sec. 10- Judgment after pre-trial- should there be no more controverted
facts or no more genuine issues as to any material fact or an absence of
any issue, or should the answer fails to tender an issue the court shall
without prejudice to a party moving for judgments on the pleadings
under Rule 34 and Summary judgment under Rule 35 motu proprio in
the pre-trial order that the case be submitted for summary judgment or
judgment on the pleadings without need of position papers or
memoranda In such cases rendered within 90 calendar days from the
termination of the pre-trial. The order of the court to submit the
case for judgment pursuant to this rule shall not be subject to
appeal or certiorari.
 Judgments on the Pleadings (Rule 34)
 Grounds
o Where an answer Fails to tender an issue or otherwise
• An answer fails to tender an issue when it does
not comply with the requirements of specific
denial under section 8 and 10 of Rule 8
o Admits the material allegation of the adverse party’s
pleading
 Action on Motion for Judgment on the Pleadings
o The court may moto proprio or on moion render judgment
on the pleadings if it is apparent that the answer fails to
tender an issue or otherwise admits the material
allegations of the adverse party’s pleadings.
o Judgment on the pleading may be filed only by the plaintiff
 Summary Judgments (Rule 35)
o It may be availed of when a responsive pleading (affidavit,
depositions, or admissions) has been filed, however, the
same did not establish a genuine issue
• Genuine issue- issues are joined because the
responsive pleading is filed. However, the
allegations in the responsive pleading do not
establish a real and genuine issue because for one
the issue tendered is SHAM, FICTITIOUS and
PATENTLY UNSUBSTANTIAL.
• A GENUINE ISSUE is an issue of fact which
requires the presentation of evidence as
distinguished from a sham, fictitious, contrived or
false claim. When the facts as pleaded appear
uncontested or undisputed then there is no real or
genuine issue or question as to the facts, and
summary judgment is called for.
• The party who moves for summary judgment has
the burden of demonstrating clearly the absence
of any genuine issue of fact or that the issue posed
in the complaint is patently unsubstantial so as not
to constitute a genuine issue for trial.
o Who may file a motion for summary judgment?
 • Plaintiff and defendant may file a motion for
summary judgment.
o Differences between judgment on the pleading vs summary
judgment
o In the former there is absence of factual issue because the
answer tenders no issue, while on the latter answers tenders
an issue but the issue is not genuine.
o In the former only the claiming party can file the motion
while on the latter the motion may be filed by the claiming
party or defending party
o In the former it is based on pleadings alone while in the
latter it is based on pleadings, affidavits, depositions and
admissions.
o In the former only three days’ notice is required while in the
latter five days’ notice is required.
 Effect of Order Denying a Motion for Summary Judgment
 Rendition and Entry of Judgments and Final Orders (Rule 36)
 Requisites of a valid judgment
o Court must have jurisdiction over the case
o Court must have jurisdiction over the parties and subject
matter
o Parties must be given an opportunity to adduce evidence
in their behalf
o Evidence must have been considered
o In writing personally and directly prepared by the judge
stating clearly and distinctly the facts and the law on
which it is based, signed by him.
 What is memorandum decision?
o It is one rendered by the appellate court and incorporates
by reference the findings of fact and the conclusion of law
contained in the decision or order under review
o It is allowed in BP 129
o Every decision of final resolution of a court in appealed
cases shall clearly and distinctly state the findings of fat
and the conclusions of law on which it is based which may
be contained in the decision or final resolution itself, or
adopted by reference from those set forth in the decision
order or resolution appealed from
o Requirement for the validity of memorandum decision
• A memorandum decision to be valid cannot
incorporate the findings of facts and conclusions
of law of the lower court only by remote
reference which is to say that the challenged
decision is not easily and immediately available
to the person reading the memorandum
decision. For 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 said
 decision.
o Can the court rendered memorandum decision in the
exercise of exclusive jurisdiction
• No, it is only applicable in appellate courts.
o Factors that do not affect the validity of judgment in
relation to the judge who rendered the judgment
• Judgment may be penned by a judge though he
did not hear the case
• Judgment may still be penned by a judge who
was laterally transferred to another station
• But judgment penned by a judge who is retired
cannot be validly promulgated
o How to resolve conflict between the body and dispositive
portion
• GR: The dispositive portion of the decision shall
prevail
• But if the inevitable conclusion from the body is
so clear that there was a mistake in the
dispositive portion the body of the decision shall
prevail (So vs Food Fest Land)
o What is judgment upon compromise?
• This is a judgment rendered by the court on the
basis of a compromise agreement entered
between the parties to the action.
• Once approved by the court a judicial
compromise is not appealable and it thereby
becomes immediately executory.
o What is the doctrine of the law of the case
• Whatever is once irrevocably established as
controlling legal rule or decision between the
same parties in the case continuous to be the
law of the case, whether correct on general
principles or not so long as the fact on which
such decision was predicated continue to be the
facts before the courts.
o What is the doctrine of immutability of judgment
• A judgment that has attained finality can no
longer be disturbed. Thus issues actually and
directly resolved in the former suit cannot again
be raised in any future case between the same
parties.
• The doctrine prohibits any alteration,
modification, or correction of final and executory
judgments as what remain to be done is the
purely ministerial enforcements or executions of
the judgments.
o Exception to the doctrine of immutability of judgment
• Clerical errors
• Nunc pro tunc entries which cause no prejudice
to any party.
 • The office of a judgment nunc pro tunc
is to record some act of the court done
at a former time which was not then
carried into the record and the power
of a court to make such entries is
restricted to placing upon the record
evidence of judicial action which has
been actually taken. It may be used to
make the record speak the truth but
not to make it speak what it did not
speak but ought to have spoken
• Void judgments.
o Final order vs interlocutory order
• The first disposes of the subject matter in its
entirety or terminates a particular proceeding or
action, leaving nothing more to be done except
to enforce by execution what the court has
determined but the latter does not completely
dispose of the case but leaves something else to
be decided upon.
• An interlocutory order deals with preliminary
matters and the trial on the merit is yet to be
held and the judgment rendered.
• The test to ascertain whether or not an order or
judgment is interlocutory or final is:
• Doe the order or judgment leave
something to be done in the trial court
with respect to the merits of the case?
If it does, the order or judgment is
interlocutory or otherwise it is final.
• Is an order denying an affirmative defense is
interlocutory order
• But if the affirmative is granted the order is final
and appealable.
• Interlocutory order na bawal ang certiorari
• Order denying an affirmative
defense
• Denial Demurrer to evidence
• Declaration of the court thet it will
render Judgment on the pleadings
and summary judgment.
• Denial for motion of judgment on
the pleadings and summary
judgment
• Remedy in interlocutory order if allowed by
rules.
• Certiorari under rule 65 and not
rule 45 since a petition for review
is a proper mode of redress to
question only final judgments.
T. Post-Judgment Remedies
 Motion for New Trial or Reconsideration (Rule 37)
o Grounds
• Fraud, accident, mistake or excusable negligence
which ordinary prudence could not have guarded
against and by reason of which such aggrieved
party has probably been impaired in his rights
• Fraud- extrinsic fraud
• Aggrieved party was prevented
from having his day in court or
presenting his case before the
court. It should be distinguished from
intrinsic fraud which involves the
presentation of false or perjured
testimony but did not otherwise prevent
the aggrieved party from presenting his
case
• Accident – concept of fortuitous
event
• Mistake- mistake of fact – Salazar vs
Salazar
• An error or mistake
committed by a counsel in
the course of the
proceedings is not a ground
for new trial.
• It has been repeatedly
enunciated that a client is
bound by the action of his
counsel in the conduct of a
case and cannot be heard to
complain that the result
might have different if he
proceeded differently. A
client is bound by the
mistakes of his lawyer
(Briones vs. people)
• Exception is when the
mistake of his counsel is one
wherein the negligence of
the latter is so gross that the
former was deprived of
property without due process
of law.
• Attached affidavit of merit 9showing
FAME)
• Newly discovered evidence
• Evidence must be discovered after trial
• Such evidence could not have been
produce during trial even with exercise
 of reasonable diligence
• Evidence is material not merely
cumulative, corroborating or
impeaching
• The evidence would have change the
result of the case (Ybiernas vs Tanco-
Gobaldon)
• Affidavits of witnesses by whom such
evidence is expected to be give or by
duly authenticated documents which
are proposed to be introduced in
evidence
• Non-compliance of formalities for new trial shall
not toll the running of the period for filing such
motion (pro-forma)
• If new trial is granted it shall interrupt the
period for filing an appeal
o When to file
• It is filed within a period for taking an appeal
• Where appeal is by notice of appeal, within 15
days form notice of judgment or final order
• When record on appeal is required, within 30
days from notice of judgment or order
 Remedy Against Denial MNT or MR
o An order denying a motion for new trial or reconsideration
is not appealable, the remedy being an appeal from the
judgment or final order.
 Fresh-Period Rule (MNT OR MR)
o If the motion is denied the movant has a fresh period of 15
days from receipt of the notice of the order denying or
dismissing the motion for reconsideration within whch to file
the notice of appeal
o The fresh period applies to Rule 41, 40, 42 rule 43, 45
 May motion for new trial be filed in the CA?
o Yes, Period for filing, ground- At any time after the appeal
from the lower court has been perfected and before the CA
loses jurisdiction over the case a party may file a motion for
a new trial on the ground of newly discovered evidence
which could have not been discovered prior to the trial in
the court below by the exercise of due diligence and which is
of such a character as would probably change the result.
The motion shall be accompanied by affidavits showing the
facts constituting the grounds therefor and the newly
discovered evidence.
 Motion for reconsideration
o Grounds
• Damages awarded are excessive,
• that the evidence is insufficient to justify the
decision or final order
• That the decision or final order is contrary to law
 o Period of appeal is same with new trial
o The filing of the MR interrupts the period to appeal
 Where new trial/ MR is not allowed
o Cases covered by rules on summary procedure
o Small claims
o In environmental cases, except in highly meritorious cases
or to prevent miscarriage of justice.
 Appeals
 Nature of Right to Appeal
o Not a constitutional right, natural or inherent right. It is a
statutory privilege and if statutory origin. It is only granted
when there is a law providing for it.
o Perfection of an appeal in and manner and within the
period prescribed by law is not only mandatory but also
jurisdictional and failure of a party to conform to the rules
regarding appeal will render the judgment final and
executory.
 Judgments and Final Orders Subject to Appeal
o What may be appealed
• Judgment
• Final order
o
 Matters Not Appealable; Available Remedies
o Judgment or order not appealable
• An order denying a petition for relief or any
similar motion seeking relief from judgment
• An interlocutory order
• An order disallowing or dismissing an appeal
• An order denying a motion to set aside a
judgment by consent, confession or compromise
on the ground of fraud, mistake or duress, or any
other ground vitiating consent.
• An order of execution
• A judgment or final order against one or more of
several parties or in separate claims
counterclaims, cross claims and third party
complaints, while the main case is pending
unless the court allows an appeal therefrom.
• An order dismissing an action without prejudice.
o Remedy of orders not appealable
• Section 1, rule 41
• In all the above instances where the judgment or
final order is not appealable, the aggrieved party
may file an appropriate special civil action under
rule 65.
o Grounds for dismissal of an appeal
• Failure of the record on appeal to show on its
face that the appeal was taken within the period
fixed by these rules
 • Failure to file the notice of appeal or record on
appeal within the period prescribed by these
rules
• Failure of the appellant to pay the docket and
other lawful fees as provided in section 5, rule
40 and section of rule 41
• Unauthorized alteration omission or additions in
the approved record on appeal as provided in
section 4 of rule 44
• Failure of the appellant to serve and file the
required number of copies of his brief or
memorandum within the time provided by these
rules
• Absence of specific assignment of error in the
appellant’s brief or of page references to the
records as required in section 13 par. A, c, d,
and f of rule 44
• Failure of the appellant to take the necessary
steps for the correction or completion of the
record within the time limited by the court in its
order;
• Failure of the appellant to appear at the
preliminary conference under rule 48 to comply
with orders circulars or directives of the court
without justifiable causes
• The fact that the order or judgment appealed
from is not appealable
 Doctrine of Finality/Immutability of Judgment
o What is the doctrine of immutability of judgment
• A judgment that has attained finality can no
longer be disturbed. Thus issues actually and
directly resolved in the former suit cannot again
be raised in any future case between the same
parties.
• The doctrine prohibits any alteration,
modification, or correction of final and executory
judgments as what remain to be done is the
purely ministerial enforcements or executions of
the judgments.
o Exception to the doctrine of immutability of judgment
• Clerical errors
• Nunc pro tunc entries which cause no prejudice
to any party.
• The office of a judgment nunc pro tunc
is to record some act of the court done
at a former time which was not then
carried into the record and the power
of a court to make such entries is
restricted to placing upon the record
evidence of judicial action which has
 been actually taken. It may be used to
make the record speak the truth but
not to make it speak what it did not
speak but ought to have spoken
• Void judgments.
o
 Modes of Appeal (Period, Perfection, Issues to be Raised)
o Appeal from Municipal Trial Courts to Regional
Trial Courts (Rule 40)
• Ordinary appeal
• When to appeal
• Is there an instance where the decision of
MTC is directly appealable to CA?
• Yes, when the MTC decides the
case in the exercise of
delegated jurisdiction which is
cadastral cases.
• When to appeal- within 15 days after
notice to the appellant of the judgment or
final order appealed from. When record of
appeal is required the appellant shall file
a notice of appeal and a record on appeal
within 30 days after notice of the
judgment or final order.
• Record of appeal shall be applicable to
those susceptible of multiple appeals
• Ex. Expropriation
• First stage
• Determination of the authority
of the expropriator
• The propriety of the
expropriation
• Settlement of estate of deceased
• Partition
• How to appeal
• By filing a Notice of appeal with
the court that rendered
judgment or final order
appealed from.
• Record of appeal shall be
required only in special
proceeding and in other cases
of multiple or separate appeals.
• Perfection of appeal (sec. 9, rule 41)- the
court a quo loses jurisdiction upon
approval
• Notice on appeal- upon filing the notice of
appeal in due time
• Record on is deemed perfected as to him
with respect to the subject matter thereof
 upon the approval of the record on
appeal filed in due time
• Appeal fee
• Courts Residual jurisdiction- prior to the
transmittal of the original record or the
record on appeal, the court may issue
orders for the protection and preservation
of the rights of the parties which do not
involve any matter litigated by the
appeal, approve compromises, permit
appeals of indigent litigants, order
execution pending appeal in accordance
with sec 2, rule 39 and allow withdrawal
of appeal
• Procedure
• Notify the parties upon receipt
of the complete records from
MTC
• Within 15 days from receipt,
appellants shall file appellant
memorandum. Appellee from
receipt shall file within 15 days
appellee’s memorandum
• Failure of the
appellant to file a
memorandum shall be
a ground for dismissal
• Submitted for decision
• Appeal from orders dismissing the case
without trial; lack of jurisdiction (Sec. 8,
rule 40)
• The RTC may affirm or reverse
it, as the case may be
• In case of affirmance and the
ground of dismissal is lack of
jurisdiction over the subject
matter, the RTC if it has
jurisdiction shall try the case on
the merits as if the case was
originally filed in the RTC.
• In case of reversal the case
shall be remanded to the MTC
for proceedings
• If the case was tried on merits
by the lower court without
jurisdiction over the subject
matter, the regional trial court
shall not dismiss the case if it
has original jurisdiction thereof,
but shall decide the case in
 accordance with the preceding
section, without prejudice to
the admission of amended
pleadings and additional
evidence in the interest of
justice.
o Appeal from the Regional Trial Courts (Rule 41)
• Ordinary appeal (RTC to CA) in the exercise of
original jurisdiction
• Notice of appeal or by record on appeal
• When to appeal
• 15 days from notice of appeal
• 30 days from record on appeal
• Payment of docket fees and other lawful fees
( mandatory)
• When will the court lose its jurisdiction?
• From the time the period of appeal from
the last receiver has expired for
example june 15 si plaintiff naka
received sa notice dayon si defendant sa
july 10, na apay jurisdiction ang court
up to 25th day of july.
o Petition for Review form the Regional Trial
Court to the Court of Appeals (Rule 42)
• In the exercise of its appellate
jurisdiction- Petition for review
• How appeal taken? No notice or record of
appeal but appeal is taken by filing a
verified petition for review with the CA
and pay the corresponding fee, copy
furnished the RTC and the adverse party
• The petition shall be filed and served
within 15 days from notice of the decision
• The court will lose jurisdiction upon the
perfection of appeals filed in due time
and expiration of the time to appeal of
the other parties.
• Will the filing of petition stay the
judgment or order appealed from?
• Yes, except in civil cases
decided under the rule on
summary procedure, the appeal
shall not stay the judgment
order unless the court of
appeals, the law or these rules
shall provide otherwise.
• Residual jurisdiction applies
• Appeal by certiorari in all cases where
only questions of law appeal shall be
made directly to the Supreme court
 under rule 45
•

o Appeals from the Court of Tax Appeals, Civil

Service Commission, and Quasi-Judicial
Agencies (Rule 43)
• Petition for review
• Quasi-judicial agencies, decisions in the
exercise of its quasi-judicial functions
• 15 days from notice of decision or order
appealed from
• Court of appeals
• By filing a verified petition for review
• Will not stay the execution of decision
unless restrained.
o Appeals by Certiorari to the Supreme Court
(Rule 45)
• Petition for review on certiorari to supreme
court
• Pure questions of law
• There is question of law when
there is doubt as to what law is
on certain state of facts
• There is question of facts when
doubt arises as to the truth or
falsity of the alleged facts
• Factual-issue-bar-rule
• Petition for review under rule 45
is discretionary. It may only be
availed if the appeal is on pure
questions of law. Thus, question
of fact is not allowed to be raised
because the SC is not a trier of
facts. Consequently, calibration
of evidence as a rule may not be
entertained by the SC.
• Exceptions
• The conclusions of CA is
grounded entirely on
speculations, surmises
conjectures.
• The inference is manifestly
mistaken
• There is grave abuse of
discretion
• Judgment is based on
misapprehension of facts
• Findings of facts are conflicting
• The CA went beyond the issues
of the case or is contrary to the
 admission of the parties
• The findings of CA is contrary to
lower court
• Finding of fact are conclusion
without basis in evidence
• Findings of fact of CA are
premised on the supposed
absence of evidence and
contradicted by evidence on
record.
• Petition shall be filed within 15 days from
notice. Subject to extension of 30 days
upon payment if corresponding docket fees
 o Review of Judgments or Final Orders of the
Commission on Audit and Commission on
Elections (Rule 64)
o Dismissal, Reinstatement, and Withdrawal of Appeal
 Petition for Relief from Judgment (Rule 38)
 Subject
o Judgment
o Final Orders
o Other proceedings
o Order denying the appeal
 Grounds
o FAME- fraud, accident, mistake, excusable negligence
 Where to file
o Court which rendered the judgment, final order, orders
denying the appeal or court which conducted the
proceedings.
 Period to file
o Petition must be verified and must be filed within 60 days
after the petitioner learns of the judgment final order or
other proceeding to be set aside and not more than 6
months after such judgment or final order was entered or
such proceeding was taken.
 Is petition for relief available to CA or SC?
o No, as provided in PURCON VS MRM PHILIPPINES
 Annulment of Judgment (Rule 47)
 This rule shall govern the annulment by the CA of judgments or
final orders and resolutions in civil actions of RTC for which the
ordinary remedies of new trial, appeal, petition for relief or other
appropriate remedies are no longer available through no fault of the
petitioner
 Civil action is one by which one sues another for protection of right,
prevention and redress of law. Sec. 1 Rule 3)
 Grounds
o Extrinsic fraud
• It shall not be a valid ground if it was availed of or
could have been availed of in a motion for new
trial or petition for relief.
o Lack of jurisdiction
 Period to file
o Based on extrinsic fraud- within four years from discovery
o Lack of jurisdiction- before it is barred by laches or estoppel
• Over the person of the defendant
• Over the subject matter
 Does RTC have jurisdiction to entertain petition for annulment of
judgment of MTC?
o An action to annul a judgment or final order of a MTC shall
be filed in the RTC having jurisdiction over the same. It
shall be treated as an ordinary civil action and Sections 2,
3, 4, 7, 8, 9 of this rule shall be applicable thereto (Sec
 10, rule 47)
 Collateral Attack on Judgments
 A collateral attack is made when, in another action to obtain a
different relief, an attack on the judgment is made as an incident
in said action. This is proper only when the judgment on its face
is null and void as where it is patent that the court which
rendered said judgment has no jurisdiction.
 Other appeals/ reviews
 Review of the decision of the NLRC- Rule 65- CA (St. AMrtin
Funeral homes vs NLRC
 Reviews of decision of VA in labor cases- Rule 43 – CA- Royal
lant workers union vs coca-cola bottler
 Review of ruling of Ombudsman
o Administrative- Rule 43 – CA (Pia vs Gervacio)
o Criminal cases- rule 65 SC (Cabrera vs Lapid)
o Carpio-Morales vs CA
o The court rendered invalid sec 14 (2) of ombudsman law-
it violate section 30, Article VI of constitution. No law shall
be passed increasing the appellate jurisdiction of the
Supreme Court without its advice or concurrence.
• Se 14- No writ of injunction shall be issued by
any court to delay an investigation being
conducted by the Ombudsman under this act,
unless there is a prima facie evidence that the
subject matter of the investigation is outside the
jurisdiction of the office of the Ombudsman
• No court shall hear any appeal or
application for remedy against the decision
or findings of the ombudsman except the
supreme court
o Thus, the court of appeals shall have jurisdiction of
the subject matter.
 Appeals from CTA en banc- Rule 45 (Sec. 11, ra 9282)
 Review of decisions of Comelec- Rule 64-64- petition for
certiorari- SC
 Review of decisions of COA- Rule 64-65- petition for certiorari
SC
 Review of decisions of CSC- Rule 43- CA
U. Execution, Satisfaction, and Effect of Judgments (Rule 39)
 Execution is a remedy afforded for the satisfaction of a judgment. It’s
being object to obtain satisfaction of the judgment on which the writ is
issued
 It is the fruit and the end of the suit and is the life of the law
 Which part of the decision is executed?
 The dispositive portion of the decision is that part of the decision
which is executed
 The dispositive portion is that which vests rights upon the
parties, sets condition for the exercise of those rights and
imposes the corresponding duties and obligations. Hence if there
is a conflict between the dispositive portion of the decision and
 the body thereof the dispositive portion controls irrespective of
what appears in the body. (Globe telecom Inc vs. Florendo-
Flores.
 Writ of execution should conform to the dispositive portion
 The writ may not vary the terms of judgment to be executed.
Thus, it the judgment does not provide for the payment of
interest, the writ of execution cannot modify the judgment by
requiring the judgment obligor to pay interest. The part of writ
imposing interest is void. An order of execution which does not
conform to the dispositive portion of the decision sought to be
enforced is null and void.
 When is execution a matter of right?
 Execution upon judgments or final orders as a matter of right,
on motion upon judgment or order that disposes of the action or
proceeding upon the expiration of the period to appeal
therefrom if no appeal has been duly perfected.
 It is ministerial duty of the court to issue a writ of execution
when the judgment is already final. Thus, the act may be
compelled by mandamus. This is based on the principle of
immutability of judgment.
 Discretionary execution
 On motion of the prevailing party with notice to the adverse
party filed in trial court while it has jurisdiction over the
case and is in possession of either the original record or
the record on appeal, as the case may be at any time of
the filing of such motion, said court may in its discretion
order execution of a judgment or final order even before the
expiration of the period to appeal
 After the trial court loses its jurisdiction the motion for execution
pending appeal may be filed in the appellate court.
 Discretionary execution may be only issue upon good reasons to
be stated in a special order after due hearing.
 There must be hearing of the motion for discretionary execution
 Is frivolous appeal a good reason to grant a discretionary
execution for judgment?
o No, where the sole reason given by the trial court in
allowing execution is that the appeal is frivolous and
dilatory, execution pending appeal cannot be justified
because the authority to disapprove an appeal pertains to
the appellate court. International school Inc vs CA)
o Mere allegations that the appeal is dilatory is not a good
reason to merit discretionary execution.
 Is posting of bond enough reason to grant execution pending
appeal?
o No the mere filing of a bond by the successful party is not
in itself a good reason for ordering execution pending
appeal, because it is the combination of circumstances
which is the dominating reason that would justify
immediate execution, the bond only an additional factor.
 Example of good reasons
 o When there is a danger of the judgment becoming
ineffectual as where the losing party is disposing of its
assets or where the articles subject of the case would
deteriorate.
o Where the judgment debtor is insolvent or in imminent
danger of being insolvent (Santos vs Mojica)
 Suppose the court granted the motion for execution in cases
where it is discretionary, how can execution be stayed?
o It can be stayed by filing a sufficient supersedeas bond
which will guaranty the performance of the judgment or
order allowed to be executed in case it shall be finally
sustained in whole or in part.
 Motion for execution is necessary
o Once a judgment becomes final, the prevailing party is
entitled as a matter of right to a writ of execution and it’s
issuance is the trial courts ministerial duty. When a
prevailing party files a motion for execution of a final and
executory judgment, it is not mandatory for such party to
serve a copy of the motion to the adverse party and to set
it for hearing. The absence of such advance notice to
judgment debtor does not constitute an infringement of
due process.
o The losing party need not be notified of the motion for
execution
 Execution shall be applied for in the court origin
o If the appeal has been duly perfected and finally resolved
the execution may be forthwith be applied for in the court
of origin, in motion of the judgment oblige, submitting
therewith certified true copies of the judgment or
judgments or final order sought to be enforced and of the
entry thereof with notice to the adverse party.
o The appellate court may on motion in the same case,
when the interest of justice requires, direct the court of
origin to issue the writ of execution
 What is the lifetime of the writ of execution
o May be enforced within five year period, the writ may be
enforced by motion
o If the judgment is not executed within 5 years and before
it barred by statute of limitation, a judgment may be
enforced by action (revival of action)
o Revival of judgment- an action intended to secure the
execution of a previous judgment which has become
dormant after the passage of five years without it being
executed upon a motion of the prevailing party.
o It is not intended to re-open or any issue affecting the
merits of the case judgment debtor’s case not the
propriety or correctness of the first judgment.
o It is a new and an independent action separate and
distinct from the previous action sought to be revived. The
 cause of action is the judgment by itself.
 What are the defense that may be invoked in an action to revive
o Jurisdictional defense
o Prescription
o Payment
o Other defense arising after the finality of judgment
o It may be even subject to counterclaims arising out of the
transactions not connected with the former.
 Which court has jurisdiction over an action for revival of
judgment?
o Heirs of Miranda Sr vs Miranda, an action for revival of
judgment may be filed either in the same court where the
judgment was rendered or in the place where the plaintiff
or defendant resides or in any other place designated by
the statutes
o Venue – the proper venue depends on the determination
of whether the present action for revival for judgment is
real or personal action
o If the writ of execution was issued and levy made within
five years from entry of judgment, the auction sale may
be made even after the five year period. The sale of the
property and the proceeds are merely means to carry the
writ of execution and a levy already validly made.
Accordingly and the application of the proceeds are
merely, the levy is essential act by which the property is
set apart for the satisfaction of judgment.
 May the running of the five year period be interrupted?
o Yes when the delay is attributable to the judgment debtor
have the effect of suspending the running of the
prescriptive period ( Camacho vs CA)
 Judgments that are not stayed by appeal
o Action for injunction
o Receivership
o Accounting
o Support
o And such other
 Is contempt a proper remedy in case the judgment obligor
refuse to vacate the property?
o No what the sheriff should do is to dispossess him of the
property and if after dispossession, the judgment debtor
should execute acts of ownership or possession or in any
manner disturb the possession of the judgment creditor,
then and only then may he be punished for contempt.
Pascua vs. heirs of Segundo Simeon)
 What is the procedure if the property of third party is levied
o Basic principle: the execution may issue only upon a
person who is a party to the action or proceeding and not
against one who did not have his day in court.
o Thus the property not owned by judgment debtor or by
 one not a party to the case should not be levied
o Remedy of third party
• Terceria- under the rules, a person not a party
to the action, claiming a property levied upon
may execute an affidavit of his title or right of
possession over the property. The affidavit shall
be served upon the officer making a levy and a
copy thereof must also be served upon the
judgment obligee.
• Third party shall make an affidavit of
third party claim
• Serve to the sheriff
• After the receipt of the affidavit of claim, the
sheriff shall not be bound to keep the property
unless such judgment oblige, on demand of
officer, files a bond, approved by the court to
indemnify the third-party claimant in a sum not
less than the value of the property levied on.
The officer shall not be liable for damages for
the taking or keeping of the property to any
third party claimant if such bond is filed.
• Remedies of third party in case his property is
levied
• Third party can ask the court to quash
the writ of execution
• Terceria
• The third party can file a separate
action to nullify the levy.

II. Provisional Remedies

A. Nature, Purpose, and Jurisdiction Over Provisional Remedies
B. Preliminary Attachment (Rule 57)
C. Preliminary Injunction (Rule 58)
D. Receivership (Rule 59)
E. Replevin (Rule 60)

III. Special Civil Actions

A. Jurisdiction and Venue
B. Interpleader (Rule 62)
C. Declaratory Relief and Similar Remedies (Rule 63)
D. Certiorari, Prohibition, and Mandamus (Rule 65)
 Definition and Distinctions
 Requisites, When, and Where to File
 Exceptions to Filing of Motion for Reconsideration Before Filing
Petition
E. Quo Warranto (Rule 66)
F. Expropriation (Rule 67; See also Guidelines for Expropriation
 Proceedings of National Government Infrastructure Projects, Sec. 4,
RA 8974)
 Two Stages in Every Action for Expropriation
 Order of Expropriation
 Ascertainment of Just Compensation
 Rights of Plaintiff Upon Judgment and Payment
G. Foreclosure of Real Estate Mortgage (Rule 68)
 Judicial Foreclosure
 Extrajudicial Foreclosure (Act No. 3135, as amended)
 The General Banking Law of 2000 (Sec. 47, RA 8791)
H. Partition (Rule 69)
I. Forcible Entry and Unlawful Detainer (Rule 70)
 Differentiated from Accion Publiciana and
Accion Reivindicatoria
J. Contempt (Rule 71)

IV. Special Proceedings and Special Writs

A. Settlement of Estate of Deceased Persons
 Venue and Process (Rule 73)
  Summary Settlement of Estates (Rule 74)
 Allowance or Disallowance of Wills (Rule 76)
 Claims Against the Estate (Rule 86)
 Payment of the Debts of the Estate (Rule 88)
 Sales, Mortgages, and Other Encumbrances of Property of
Decedent (Rule 89)
 Distribution and Partition (Rule 90)
B. Guardianship
 Venue (Rule 92)
 Appointment of Guardians (Rule 93)
 General Powers and Duties of Guardians (Rule 96)
 Termination of Guardianship (Rule 97)
C. Writ of Habeas Corpus (Rule 102)
 Writ of Habeas Corpus in Relation to Custody of Minors (A.M.
No. 03-04-04-SC)
D. Change of Name (Rule 103)
E. Cancellation of Correction of Entries in the Civil Registry (Rule 108)
F. Clerical Error Law (RA No. 9048, as amended by RA 10172)
G. Writ of Amparo (A.M. No. 07-9-12-SC)
H. Writ of Habeas Data (A.M. No. 08-1-16-SC)
I. Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)
 Temporary Environmental Protection Order (TEPO)
 Writ of Continuing Mandamus
 Writ of Kalikasan

V. Criminal Procedure
A. General Concepts
 Criminal Jurisdiction; Concept and Requisites for Exercise
 Jurisdiction over the person
o Arrest of the accused by virtue of a warrant
o Voluntary submissionto the ocurt’s jurisdiction
• Asking affirmative relief from the court
• Motion to quash except lack of jurisdiction over
the person of the accused
• Appearance of counsel during arraignment
• Entry of appearance of counsel for the accused
• Act of posting bail without qualification
 Custody of the law vs jurisdiction over the person
o David vs Agbay – criminal complaint was filed against the
accused by prosecutors, the accused filed a motion to
dismiss the case on the ground of lack of probable cause,
the court denied the motion on the ground that the court
still have no jurisdiction over the person of the accused
since he was not yet arrested.
o The court is not correct
• When he accused filed the motion to dismiss he
submitted himself too the jurisdiction of the
court, thus the court can validly rule on his
motion. The court should have det. The
 difference between custody of the law and
jurisdiction over the person
• Custody of the law us required before the court
can act upon the application for bail, but it is not
required for the adjudication of other relief
sought by the defendant where the mere
application therefor constitutes a waiver of the
defense of lack of jurisdiction over the person fo
the accused
• Custody of the law is accomplished either by
arrest or voluntary surrender, while jurisdiction
over the person of the accused is acquired upon
the arrest or voluntary appearance. One
Miranda vs Tuliao.
• ON the other hand, one can be subject to
the jurisdiction of the court over his person
and yet not be in the custody of the law,
such as when an accused escapes custody
after his trial has commenced (Trial in
absentia
•
o Accused being under the jurisdiction of the Court but
outside the custody of the law – When the accused posted
bail
o Is it possible one is under the custody of the law but not
within the jurisdiction of the court
• Pending Motion to quash – lack of jurisdiction
over the accused.
o Jurisdiction
o Jurisdiction of the Sandiganbayan
• R.A 3019- Anti-graft and corrupt practices act
• Ra1379- Forfeiture
• Chapter II sec 2, title VII Book 2 RPC
• Direct Bribery
• Indirect bribery
• Qualified Bribery
• Jurisdiction of Sandigan Bayan (Offender)
• Officials of the executive branch
occupying the positins of regional
director and higher otherwise classified
as salary grade 27 and higher
Compensation and Position
Classification
• Provincial governors, vice governors,
member of the sangguniang
panlalawigan, an provincial treasurers,
assessors engineers and other
provincial department heads
• City governors, vice governors,
member of the sangguniang
 panlungsod, and city treasurers,
assessors engineers and other City
department heads (salary grade 26)
•
• Other offenses or felonies whether simple or
• Plunder
•

 When Injunction May be Filed

B. Prosecution of Offenses (Rule 110)
C. Prosecution of Civil Action (Rule 111)
D. Preliminary Investigation (Rule 112)
 Executive vs. Judicial Determination of Probable Cause
E. Arrest (Rule 113)
 Arrest Without Warrant, When Lawful
 Requisites of a Valid Warrant of Arrest
 Determination of Probable Cause for Issuance of Warrant of
Arrest
F. Bail (Rule 114)
 Nature
 When a Matter of Right; Exceptions
 When a Matter of Discretion
G. Arraignment and Plea (Rule 116)
 Searching Inquiry (See People v. Pagal, G.R. No. 241257,
September 29, 2020)
 Improvident Plea
H. Motion to Quash (Rule 117)
  Grounds
 Double Jeopardy
 Provisional Dismissal
I. Pre-Trial (Rule 118)
 Pre-Trial Agreement
 Non-Appearance During Pre-Trial
 Pre-Trial Order
J. Trial (Rule 119)
 Trial In Absentia
 Examination of Witness for the Prosecution (See People v.
Sergio, G.R. No. 240053, October 9, 2019)
 Requisites for Discharge of Accused to Become a State Witness
 Effects of Discharge of Accused as State Witness
 Demurrer to Evidence
 Revised Guidelines on Continuous Trial (A.M. No. 15-06-10-SC)
K. Judgment (Rule 120)
 Promulgation of Judgment
L. New Trial or Reconsideration (Rule 121)
M. Appeal (Rule 122)
N. Search and Seizure (Rule 126)
O. Provisional Remedies in Criminal Cases (Rule 127)
P. The Rule on Cybercrime Warrants (Section 2 of A.M. No. 17-11-03-SC only)

VI. Evidence (A.M. No. 19-08-15-SC)

A. General Concepts
 Proof vs. Evidence
 Burden of Proof vs. Burden of Evidence
 Equipoise Rule
B. Admissibility of Evidence (Rule 128)
 Requisites for Admissibility of Evidence
 Relevance of Evidence and Collateral Matters
 Multiple Admissibility
 Conditional Admissibility
 Curative Admissibility
 Direct and Circumstantial Evidence
 Positive and Negative Evidence
 Competent and Credible Evidence
C. Judicial Notice and Judicial Admissions (Rule 129)
D. Object (Real) Evidence (Rule 130, A)
 Requisites
 Exclusionary Rules
E. Documentary Evidence (Rule 130, B)
 Definition
 Original Document Rule
 Secondary Evidence
 Parol Evidence Rule
F. Testimonial Evidence (Rule 130, C)
  Qualifications of Witnesses
 Disqualifications of Witnesses
 Disqualification by Reason of Marriage
 Disqualification by Reason of Privileged Communications;
Rule on Third Parties
 Parental and Filial Privilege Rule
 Privilege Relating to Trade Secrets
 Testimonial Privilege
 Admissions and Confessions
 Previous Conduct as Evidence
 Testimonial Knowledge
 Hearsay and Exceptions to the Hearsay Rule
 Opinion Rule
 Character Evidence
G. Burden of Proof and Presumptions (Rule 131)
H. Presentation of Evidence (Rule 132)
 Examination of Witnesses
 Rights and Obligations of a Witness
 Leading and Misleading Questions
 Impeachment of Witnesses
 Authentication and Proof of Documents
 Meaning of Authentication
 Classes of Documents
 Authentication of a Private Writing
 Public Documents as Evidence; Proof of Official Record
 Offer and Objection
 When to Make an Offer
 When to Make an Objection
 Tender of Excluded Evidence
I. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
J. Weight and Sufficiency of Evidence (Rule 133)
K. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

PART TWO: LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES

I. Legal Ethics
A. Practice of Law
1. Basic Concepts
a) Definition of the Practice of Law
b) Practice of Law as a Privilege, Not a Right
c) Law as a Profession, Not a Business or Trade
2. Qualifications for Admission to the Bar (Bar Matter No. 1153)
3. Continuing Requirements for Membership in the Bar
4. Appearance of Non-lawyers
a) Law Student Practice Rule (Rule 138-A, as amended by
A.M. No. 19-03-24-SC)
b) Non-lawyers in Courts and/or Administrative Tribunals
 c) Proceedings Where Lawyers are Prohibited to Appear as
Counsels
5. Prohibited Practice of Non-lawyers and Appearance Without
Authority
6. Public Officials and the Practice of Law
a) Prohibitions and Disqualifications of Former Government
Attorneys
b) Public Officials Who Cannot Practice Law or Can Practice
Law With Restrictions
7. Lawyers Authorized to Represent the Government
8. The Lawyer’s Oath
B. Duties and Responsibilities of a Lawyer Under the Code of Professional
Responsibility
1. To Society
2. To the Legal Profession
3. To the Courts
4. To the Clients
C. Suspension, Disbarment, and Discipline of Lawyers
1. Nature and Characteristics of Disciplinary Actions against
Lawyers
2. Grounds
3. Proceedings (Rule 139-B of the Rules of Court, as amended)
D. Notarial Practice (A.M. No. 02-8-13-SC, as amended)
1. Qualifications of a Notary Public
2. Term of Office of a Notary Public
3. Powers and Limitations
4. Notarial Register
5. Jurisdiction of Notary Public and Place of Notarization
6. Competent Evidence of Identity
7. Sanctions

II. Judicial Ethics

A. Sources
1. New Code of Judicial Conduct for the Philippine Judiciary
2. Code of Judicial Conduct
B. Qualities
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and Diligence
C. Disqualification of Judicial Officers
1. Compulsory
2. Voluntary
D. Discipline and Administrative Jurisdiction Over Members of the
Judiciary
 1. Supreme Court
a) Impeachment
2. Lower Court Judges and Justices
a) Sanctions Imposed by the Supreme Court on Erring
Members of the Judiciary

III. Practical Exercises

A. Demand Letter
B. Deed of Sale of Real Property and Deed of Sale of Personal Property
C. Contract of Lease
D. Special Power of Attorney
E. Verification and Certificate of Non-forum Shopping
F. Judicial Affidavit
G. Notarial Certificates
1. Jurat
2. Acknowledgment
H. Motions
1. Motion for Summary Judgment
2. Motion to Dismiss
3. Motion to Declare in Default
I. Quitclaims in Labor Cases
J. Information in Criminal Cases

— NOTHING FOLLOWS—