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NOTE: If the allegations are deemed admitted, there d) AFFIRMATIVE DEFENSES
is no more triable issue between the parties and if
the admissions appear in the answer of the A defendant shall raise his or her affirmative
defendant, the plaintiff may file a motion for defenses in his or her answer, which shall be limited
judgment on the pleadings under Rule 34. (Riano, to the following:
2019)
1. Under Sec. 5(b), Rule 6, 2019 Revised Rules on
XPN: Allegations as to the amount of unliquidated Civil Procedure
damages, when not specifically denied, are not
deemed admitted. a. Fraud;
b. Statute of Limitations;
NOTE: The mere statement in the Answer, i.e., that c. Release;
they “specifically deny” the pertinent allegations of d. Payment;
the Complaint “for being self-serving and pure e. Illegality;
conclusions intended to suit plaintiff’s f. Statute of Frauds;
purposes,” does not constitute an effective specific g. Estoppel;
denial as contemplated by law. Verily, a denial is not h. Former Recovery;
specific simply because it is so qualified by the i. Discharge of Bankruptcy;
defendant. Stated otherwise, a general denial does j. Any other matter by way of confession or
not become specific by the use of the word avoidance; and
“specifically.” Neither does it become so by the k. Grounds for the dismissal of the complaint:
simple expedient of coupling the same with a broad i. The court has no jurisdiction over the
conclusion of law that the allegations contested are subject matter;
“self-serving” or are intended “to suit plaintiff’s ii. There is another action pending
purposes.” (Go Tong Electrical Supply Co., Inc. and Go between the same parties for the
v. BPI Family Savings Bank, Inc., G.R. No. 187487, 29 same cause; or
June 2015) iii. The action is barred by a prior
judgment.
When a Specific Denial Requires an Oath
2. Under Sec. 12, Rule 8 of the 2019 Revised
GR: A denial of due execution and genuineness of an Rules on Civil Procedure
actionable document attached. (Sec. 8, Rule 8, ROC,
as amended) (2000 BAR) a. The court has no jurisdiction over the
person of the defending party;
XPNs: The requirement of an oath does not apply: b. The venue is improperly laid;
c. The plaintiff has no legal capacity to sue;
a. When the adverse party does not appear to be d. That the pleading asserting the claim states
a party to the instrument; or no cause of action; and
b. When compliance with an order for an e. That a condition precedent for filing the
inspection of the original instrument is claim has not been complied with.
refused.
Action of the Court on the Affirmative Defenses
NOTE: An answer raising a specific denial The court shall motu proprio resolve the above
based on the above grounds is deemed to be affirmative defenses under Section 12 within thirty
under oath if it contains verification. (30) calendar days from the filing of the answer.
(Sec. 12 (c), Rule 8, ROC, as amended)

NOTE: It is not necessary for the Court to conduct a

hearing before it can resolve these grounds.

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Waiver of Affirmative Defenses
Failure to raise the affirmative defenses at the
earliest opportunity shall constitute a waiver
thereof. (Sec. 12(b), Rule 8, ROC, as amended)
4. EFFECT OF FAILURE TO PLEAD
(RULE 9)
GR: Defenses not pleaded in a motion to dismiss or
in the answer are deemed waived. (Sec. 1, Rule 9)

Summary Hearing for the Resolution of the XPNs: These defenses may be raised at any stage of
Affirmative Defense the proceedings even for the first time on appeal:

The court may conduct a summary hearing within 1. Lack of jurisdiction over the subject matter;
fifteen (15) calendar days from the filing of the
answer regarding the following affirmative NOTE: It may, however, be barred by laches.
defenses: (Tijam v. Siboghanoy, G.R. No. L-21450, 15 Apr.
1968)
1. Fraud;
2. Statute of Limitations; 2. Litis pendentia (2010 BAR);
3. Release; 3. Res judicata; and
4. Payment; 4. Statute of limitations. (Sec. 1, Rule 9, ROC, as
5. Illegality; amended)
6. Statute of Frauds;
7. Estoppel; Failure to Plead a Compulsory Counterclaim and
8. Former Recovery; Crossclaim
9. Discharge of Bankruptcy; and
10. Any other matter by way of confession or GR: A compulsory counterclaim or crossclaim not
avoidance. (Sec. 12(b), Rule 8, ROC, as set up in the answer is deemed barred. (Sec. 2, Rule
amended) 9, ROC, as amended)

Such affirmative defenses shall be resolved by the

court within thirty (30) calendar days from the
termination of the summary hearing. (Sec. 12(d),
Rule 8, 2019 ROC, as amended)
Denial of Affirmative Defenses; Prohibitions
Denial of affirmative defenses shall not be the
subject of:
1. Motion for reconsideration;
2. Petition for Certiorari;
3. Petition for Prohibition; and
4. Petition for Mandamus.
NOTE: The order of denial of affirmative defense is
an interlocutory order.
Remedy on Denial of Affirmative Defenses
XPNs:
1. A counterclaim or a crossclaim which either
matured or was acquired by a party after
serving his pleading may, with the permission
of the court, be presented as a counterclaim or
a crossclaim by supplemental pleading before
judgment. (Sec. 9, Rule 11, ROC, as amended)
2. Counterclaims or crossclaims omitted through
oversight, inadvertence, or excusable neglect or
when justice requires may be set up by
amendment before judgment. Leave of court is
necessary. (Sec. 10, Rule 11, ROC, as amended)
NOTE: A permissive counterclaim is not barred.

Assign the order of denial as among the matters to

be raised on appeal after a judgment on the merits.

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5. AMENDED AND SUPPLEMENTAL PLEADINGS
(RULE 10)
How Pleadings are Amended
Pleadings may be amended in the following manner:
1. By adding or striking out an allegation or the
name of any party,
2. By correcting a mistake in the name of a party
3. By correcting a mistaken or inadequate
allegation; or
4. By correcting a description in any other respect.
(Sec. 1, Rule 10, ROC, as amended)
Amendments as a Matter of Right (2005, 2008
BAR)
1. Once, at any time before a responsive
pleading is served; or
2. In the case of a reply, at any time within ten
(10) calendar days after it is served. (Sec. 2,
Rule 10, ROC, as amended)
NOTE: It is settled that a motion to dismiss is not the
responsive pleading contemplated by the Rule. A
plaintiff may file an amended complaint even after
the original complaint was ordered dismissed,
provided that the order of dismissal is not yet final.
(Riano, 2019, citing Bautista v. Maya-Maya Cottages,
Inc., G.R. No. 148411, 29 Nov. 2005)
If the court refuses to admit an amended pleading
when its exercise is a matter of right, such error is
correctible by mandamus. (Alpine Lending Investors
vs. Corpuz, G.R. No. 157107, 24 Nov. 2006)
Amendment Made during the Pendency of a
Motion to Dismiss
If a motion to dismiss is filed, an amendment to the
complaint would still be a matter of right during the
pendency of the motion to dismiss. Such motion is
not a responsive pleading and its filing does not
preclude the exercise of the plaintiff’s right to
amend his complaint. (Riano, 2019, citing Paeste v.
Jaurigue, G.R. No. L-5711, 19 Dec. 1953; Republic v.
Ilao, G.R. No. L-16667, 30 Jan. 1962; Remington
87
Industrial Sales v. Court of Appeals, G.R. No. 133657,
29 May 2002)
Even if the motion to dismiss is granted by the court,
the plaintiff may still amend his complaint as a
matter of right before the dismissal becomes final as
long as no answer has yet been served. In the words,
the plaintiff, “may file an amended complaint even
after the original complaint was ordered dismissed,
provided that the order of dismissal is not yet final.”
(Riano, 2019, citing Bautista v. Maya-Maya Cottages,
Inc., G.R. No. 148361, 29 Nov. 2005)
AMENDMENTS BY LEAVE OF COURT
Substantial Amendments
Substantial amendments may be made only upon
leave of court upon a motion filed in court, after
notice to the adverse party, and after being given an
opportunity to be heard. (Sec. 3, Rule 10, ROC, as
amended)
NOTE: Leave of court for substantial amendment is
NOT required when it is made as a matter of right,
i.e., when it is made before a responsive pleading
had already been served. At this stage, a party has
the absolute right to amend his or her pleading
substantially as when he or she introduces a new
cause of action or a change in theory.
Amendments by Leave of Court (2003 BAR)
1. If the amendment is substantial (Sec. 3, Rule 10,
ROC, as amended); or
2. A responsive pleading had already been served
(Siasoco v. CA, G.R. No. 132753, 15 Feb. 1999)
When Refusal of Leave of Court to Amend is
Allowed
1. The motion is made to delay the action;
2. The motion is made to confer jurisdiction on
the court;
3. When it appears to the court that the pleading
stated no cause of action from the beginning
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which could be amended (Sec. 3, Rule 10, ROC,
as amended); or
4. The cause of action or defense is substantially
altered. (Guiang v. Nadayag, G.R. No. 82630, 30
Sept. 1992)
NOTE: An action of the court whether to grant or
refuse leave must be made upon motion, and after
notice to the adverse party, and an opportunity to
be heard. (Sec. 3, Rule 10, ROC, as amended)
Formal Amendments
A defect in the designation of the parties and other
clearly clerical or typographical errors may be
summarily corrected by the court at any stage of the
action, at its initiative or on motion, provided no
prejudice is caused thereby to the adverse party.
(Sec. 4, Rule 10, ROC, as amended)
AMENDMENTS TO CONFORM TO
OR AUTHORIZE PRESENTATION OF EVIDENCE
No Amendment Necessary to Conform to or
Authorize Presentation of Evidence
When issues not raised by the pleadings are tried
with the express or implied consent of the parties,
they shall be treated in all respects as if they had
been raised in the pleadings. No amendment of such
pleadings deemed amended is necessary to cause
them to conform to the evidence. (Sec. 5, Rule 10,
ROC, as amended)
NOTE: It does not apply when the case was decided
on a stipulation of facts in which case the pleadings
are not deemed amended to conform to the
evidence. (MWSS v. CA, et al., G.R. No. 54526, 25 Aug.
1986)
The trial court should not be precluded from
awarding an amount higher than that claimed in the
pleadings notwithstanding the absence of the
required amendment, provided that the evidence of
such higher amount has been presented properly,
with full opportunity on the part of the opposing
parties to support their respective contentions and
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to refute each other’s evidence. (Northern Cement
Corp. v. IAC, et al., G.R. No. 68636, 29 Feb. 1988)
Effect of Amended Pleading
An amended pleading supersedes the pleading it
amends. However, admissions in the superseded
pleading may be offered in evidence against the
pleader. Claims or defenses alleged therein but not
incorporated or reiterated in the amended pleading
are deemed waived. (Sec. 8, Rule 10, ROC, as
amended)
Effect of Amended Pleading on the Admissions
in the Original Pleading
They cease to be judicial admissions. Thus, they are
to be considered as extrajudicial admissions and
may be proved by the party relying thereon by
formal offer in evidence of such original pleading.
(Ching v. CA, G.R. No. 110844, 27 Apr. 2000)
Q: In 2013, the RTC granted the Motion for
Summary Judgment and dismissed Camcam’s
complaint. The RTC ruled that there is no longer
an issue demanding a full- blown trial as
Camcam’s admitted facts and documentary
evidence on record already confirmed
Vazquez’s ownership. Aggrieved, petitioners
appealed to the CA where they argued that the
disposition of the case was premature as they
were still seeking an amendment of their
complaint and that there were genuine issues in
the case necessitating a full-blown trial.
The CA, in CA-GR CV No. 103230 dated
September 16, 2016, held that the RTC did not
err in granting the Motion for Summary
Judgment despite the pendency before the
different division of a related case wherein
petitioners put in issue the propriety of the
amendment of the complaint.
In CA-GR SP No. 129738 dated August 28, 2014,
the CA decision directed the RTC to Admit the
Amended Complaint and to try the case with
dispatch. Was the CA correct in granting the
Motion for Summary Judgement in 2016?
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11. Extension of Time to File an Answer – A
defendant may, for meritorious reasons, be
granted an additional period of not more than
thirty (30) calendar days to file an answer. A
defendant is only allowed to file one (1) motion
for extension of time to file an answer. (Sec. 11,
Rule 11, ROC, as amended)
NOTE: A motion for extension to file any
pleading, other than an answer, is
prohibited and considered a mere scrap of
paper. The court, however, may allow any
other pleading to be filed after the time
fixed by these Rules. (Sec. 11, Rule 11, ROC,
as amended)
G. FILING AND SERVICE
(RULE 13)
Filing
It is the act of submitting the pleading or other
paper to the court. (Sec. 2, Rule 13, ROC, as amended)
Service
It is the act of providing a party with a copy of the
pleading or any other court submission. If a party
has appeared by counsel, service upon such party
shall be made upon his or her counsel or one of
them, unless service upon the party and the party’s
counsel is ordered by the court. (Sec. 2, Rule 13, ROC,
as amended)
Manner of Filing
The filing of pleadings and other court submissions
shall be made by: (Pe-R-A-E)
1. Submitting Personally the original thereof,
plainly indicated as such, to the court;
NOTE: The clerk of court shall endorse on the
pleading the date and hour of filing.
The date of the filing of the pleading is the date
of receipt of the court. (Miranda v. Miranda, G.R.
No. 179638, 08 July 2013)
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2. Sending them by Registered mail;
3. Sending them by Accredited courier; or
NOTE: In both the second and third cases, the
date of mailing of motions, pleadings, and other
court submissions, and payments or deposits,
as shown by the post office stamp on the
envelope or the registry receipt, shall be
considered as the date of their filing, payment
or deposit in court. The envelope shall be
attached to the record of the case.
NOTE: If the courier is not accredited by the
court (private letter-forwarding agency), the
date of filing of the pleading in court is the
actual date of receipt of the court of the
pleading, not the date of actual receipt by the
courier. (Miranda v. Miranda, ibid.)
4. Transmitting them by Electronic mail or other
electronic means as may be authorized by the
Court in places where the court is electronically
equipped.
NOTE: The date of electronic transmission shall
be considered as the date of filing. (Sec. 3, Rule
13, ROC, as amended)
Modes of Service (P-A-R-E-F-O)
1. Personal service
2. Accredited courier
3. Registered mail or
4. Electronic Mail
5. Facsimile Transmission; and
6. Other electronic means (Sec. 5, Rule 13, ROC, as
amended)
NOTE: For purposes of electronic mail, facsimile
transmission or other electronic means, it has to be
with prior court approval and agreed upon by the
parties.
Ordinary mail and substituted service are also
included as a mode of serving a pleading. (Secs. 7
and 8, Rule 13, ROC, as amended)
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PERSONAL SERVICE
Personal service is done by:
1. Delivering personally a copy to the party or to
the party’s counsel, or to their authorized
representative named in the appropriate
pleading or motion;
2. Leaving it in the counsel’s office with his or her
clerk or with a person having charge thereof; or
3. If no person is found in his or her office or his or
her office is not known, or he or she has no
office, by leaving the copy between the hours of
eight in the morning and six in the evening, at
the party’s or counsel’s residence, if known,
with a person of sufficient age and discretion
residing therein. (Sec. 6, Rule 13, ROC, as
amended)
SERVICE BY MAIL
1. Registered Mail – By depositing the copy in the
post office in a sealed envelope, plainly
addressed to the party or his or her counsel at
his or her office, if known, otherwise at his or
her 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; or
2. Ordinary Mail – if no registry service is
available in the locality of either the sender or
the addressee. (Sec. 7, Rule 13, ROC, as amended)
NOTE: Service and filing by mail may be done only
when personal service and filing is not practicable.
SUBSTITUTED SERVICE
If service of pleadings, motions, notices, resolutions,
orders and other papers cannot be made through
personal service or by mail, the office and place of
residence of the party or his or her counsel being
unknown, service may be made by delivering the
copy to the clerk of court, with proof of failure of
both personal service and service by mail. (Sec. 8,
Rule 13, ROC, as amended) (2009, 2004, 2002 BAR)
UNIVERSITY OF SANTO TOMAS
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SERVICE BY ELECTRONIC MEANS AND
FACSIMILE
Service by electronic means and facsimile shall be
made if the party concerned consents to such modes
of service.
1. By Electronic Means – made by sending an e-
mail to the party’s or counsel’s electronic mail
address, or through other electronic means of
transmission as the parties may agree on, or
upon direction of the court.
2. By Facsimile – made by sending a facsimile
copy to the party’s or counsel’s given facsimile
number. (Sec. 9, Rule 13, ROC, as amended)
PRESUMPTIVE SERVICE OF COURT SETTING
Addressee is from the same Judicial Region of
the Court
There shall be presumptive notice to a party of a
court setting if such notice appears on the records
to have been mailed at least twenty (20) calendar
days prior to the scheduled date of hearing. (Sec. 10,
Rule 13, ROC, as amended)
Addressee is from Outside the Judicial Region
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 thirty (30) calendar
days. (Ibid.)
SERVICE OF JUDGMENTS, FINAL ORDERS
OR RESOLUTIONS; SERVICE OF COURT-ISSUED
ORDERS AND OTHER DOCUMENTS
Judgments, final orders and resolutions are served:
1. Personally; or
2. Registered mail.
NOTE: Upon ex parte motion of any party in the
case, judgments, final orders, or Resolutions may
also be served through accredited courier at the
expense of such party.
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When to Serve such Judgments, Final Orders or
Resolution by Publication
When a party summoned by publication failed to
appear in the action, judgments, final orders or
resolutions against him or her.
NOTE: It shall be at the expense of the prevailing
party. (Sec. 13, Rule 13, ROC, as amended)
Service of Court-Issued Orders and Other
Documents
The court may electronically serve orders and other
documents to all the parties in the case which shall
have the same effect and validity as provided in the
Rules. A paper copy of the order or other document
electronically served shall be retained and attached
to the record of the case. (Sec. 18, Rule 13, ROC, as
amended)
Conventional Service or Filing of Orders,
Pleadings and other Documents
There are pleadings and other documents which
must be filed or served personally or by registered
mail, and NOT electronically:
1. Initiatory pleadings and initial responsive
pleadings, such as an answer;
2. Subpoena, protection orders, and writs;
3. Appendices and exhibits to motions, or other
documents that are not readily amenable to
electronic scanning may, at the option of the
party filing such, be filed and served
conventionally; and
4. Sealed and confidential documents or records.
(Sec. 14, Rule 13, ROC, as amended)
NOTE: However, they may be filed or served
through other means, upon express permission
from the court.
Completeness of Service
1. Personal service – upon actual delivery;
2. Service by ordinary mail – upon expiration of
ten (10) calendar days after mailing, unless the
court otherwise provides;
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3. Service by registered mail – upon actual
receipt by the addressee, or after five (5)
calendar days from the date he or she received
the first notice of the postmaster, whichever
date is earlier
4. Service by accredited courier – upon actual
receipt by the addressee, or after at least two
(2) attempts to deliver by the courier service, or
upon the expiration of five (5) calendar days
after the first attempt to deliver, whichever is
earlier;
5. Electronic Service – at the time of the electronic
transmission of the document or when
available, at the time that the electronic
notification of service of the document is sent;
NOTE: It is not effective if the party serving the
document learns that it did not reach the
addressee or person to be served.
6. Facsimile – upon receipt by other party as
indicated in the facsimile printout (Sec. 15, Rule
13, ROC, as amended); and
7. Substituted service – at the time of such
delivery. (Sec. 8, Rule 13, ROC, as amended)
Q: The Dolor Spouses filed against Gatmaytan
and Cammayo a Complaint for Reconveyance of
Property and Damages. The Quezon City RTC
rendered a Decision ordering Gatmaytan to
convey the lot to the Dolor Spouses which
prompted the former to file here Motion for
Reconsideration, which was however denied.
Gatmaytan then filed an Appeal with the CA
which, however, dismissed the appeal. It ruled
that the RTC’s Decision had already attained
finality as Gatmaytan filed her Motion for
Reconsideration beyond the requisite 15-day
period. Gatmaytan, however, insists that the
RTC’s Decision has not attained finality as the
April 14, 2006 service was made to her counsel's
former address (at No. 117 West Avenue,
Quezon City) as opposed to the address (at Unit
602, No. 42 Prince Jun Condominium, Timog
Avenue, Quezon City) that her counsel indicated
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in a June 8, 2004 Notice of Change of
Address filed with the RTC which noted such
change in an Order of the same date, and
directed that, from then on, service of papers,
pleadings, and processes was to be made at her
counsel's updated address at Unit 602, No. 42
Prince Jun Condominium, Timog Avenue,
Quezon City. Has the RTC’s Decision already
attained finality thus, precluding the filing of
Gatmaytan's appeal with the CA?
A: YES. When a party's counsel serves a notice of
change in address upon a court, and the court
acknowledges this change, service of papers,
processes, and pleadings upon the counsel's former
address is ineffectual. Service is deemed completed
only when made at the updated address. Proof,
however, of ineffectual service at a counsel's former
address is not necessarily proof of a party's claim of
when service was made at the updated address. The
burden of proving the affirmative allegation of when
service was made is distinct from the burden of
proving the allegation of where service was or was
not made. A party who fails to discharge his or her
burden of proof is not entitled to the relief prayed
for.
In the case at hand, the service made on Gatmaytan’s
counsel's former address was ineffectual. However,
that Gatmaytan failed to discharge her burden of
proving the specific date—allegedly June 1, 2006—
in which service upon her counsel's updated
address was actually made.
In Cortes v. Valdellon, the Supreme Court noted the
following as acceptable proofs of mailing and
service by a court to a party:
(1) certifications from the official Post Office
record book and/or delivery book;
(2) the actual page of the postal delivery book
showing the acknowledgment of receipt;
(3) registry receipt; and
(4) return card.
Gatmaytan could have produced any of these
documents or other similar proof to establish her
claim. She did not. All she has relied on is her bare
UNIVERSITY OF SANTO TOMAS
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allegation that delivery was made on 01 June 2006.
(Gatmaytan v. Dolor, G.R. No. 198120, 20 Feb. 2017)
PROOF OF FILING AND SERVICE
Proof of Filing
GR: Filing is proven by its existence in the record of
the case.
XPN: If it is not in the record, and:
1. If personally filed
Proven by the written or stamped
acknowledgement of its filing by the clerk of
court on a copy of the pleading or court
submission; or
2. If filed by registered mail
Proven by the registry receipt and the affidavit
of the person who did the mailing with a full
statement of:
a. The date and place of deposit of the
mail in the post office in a sealed
envelope addressed to the court;
b. With postage fully paid; and
c. With instructions to the postmaster to
return the mail to the sender after ten
(10) calendar days if undelivered.
3. If filed by accredited Courier Service
Proven by an affidavit of service of the person
who brought the pleading or other document to
the service provider, together with the courier’s
official receipt and document tracking number;
4. If filed by Electronic Mail
Proven by an affidavit of electronic filing of the
filing party accompanied by a paper copy of the
pleading or other document transmitted or a
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written or stamped acknowledgement of its transmission, together with printed proof of
filing by the clerk of court; transmittal. (Sec. 17, Rule 13, ROC, as amended)

5. If filed by Other Authorized Electronic Means Notice of Lis Pendens

Proven by an affidavit of electronic filing of the
filing party accompanied by a copy of the
electronic acknowledgment of its filing by the
court. (Sec. 16, Rule 13, ROC, as amended)
Proof of Service
1. Proof of personal service
a. Written admission of the party served;
b. Official return of the server; or
c. Affidavit of the party serving, containing
the date, place and manner of service;
2. Proof of service by ordinary mail
In an action affecting title or right of possession of
real property, the plaintiff and the defendant, when
affirmative relief is claimed in his or her answer,
may record in the office of the registry of deeds of
the province in which the property is situated a
notice of the pendency of the action. (Sec. 19, Rule
13, ROC, as amended)
NOTE: Only from the time of filing such notice for
record shall a purchaser, or encumbrancer of the
property affected thereby, be deemed to have
constructive notice of the pendency of the action,
and only of its pendency against the parties
designated by their real names. (Ibid.)

a. Affidavit of mailer stating the facts showing

compliance with Sec. 7 of Rule 13; and
b. Registry receipt issued by the mailing
officer;

3. Registered mail

a. Affidavit; and
b. Registry receipt issued by the mailing office
NOTE: The registry return card shall be filed
immediately upon its receipt by the sender, or
in lieu thereof the unclaimed letter together
with the certified or sworn copy of the notice
given by the postmaster to the addressee.

4. Accredited courier service

Affidavit of service by the person who brought

the pleading or paper to the service provider,
together with the courier's official receipt or
document tracking number.

5. Electronic mail, facsimile, or other

authorized electronic means of transmission

Affidavit of service by the person sending the e-

mail, facsimile, or other electronic

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Format of the E-mail
1. Address Bar
To: [e-mail address of the appropriate
docketing office]
From: [filer’s e-mail address]
2. Subject Bar
Subject: [Case Number or Docket Number AND
Case Title] – [Pleading or Document Title]
Example: G.R. No. 123456 or UDK No. 11111
(John Doe v. Juan dela Cruz) – Petition for
Review
3. Attachments
Attachments: [Petition for Review-G.R. No.
123456.pdf], [Annex A-Petition for Review-G.R.
No. 123456.pdf]
NOTE: An e-mail should contain only electronic
documents pertaining to one case.
GR: All electronic copies of Supreme Court-bound
papers and their annexes pertaining to the same
case shall be attached to one e-mail.
XPN: In case the total file size of the electronic
documents exceeds the maximum size allowed for
uploading by the e-mail service provider being used
by the filer, the filer shall send the electronic
documents in several batches. BUT, each e-mail
must be clearly marked by indicating in the subject
of the e-mail the batch number of the e-mail and the
total batches of e-mail sent (e.g. batch 1 of 3).
Verified Declaration
The filer shall also attach to the e-mail a Verified
Declaration that the pleading and annexes
submitted electronically are complete and true
copies of the printed document and annexes filed
with the Supreme Court.

4. Body of the E-mail
(a) Manner of Filing: (choose one – personal
filing, registered mail, accredited courier, or
online filing)
NOTE: The declaration attached to the e-mail must
be the PDF copy of the Verified Declaration attached
to the hard copy filed in Court.

(b) Date of Filing or Date of Electronic

Transmission: (indicate the date of filing if filed
personally, by registered mail, or by accredited
courier or indicate the date of electronic
transmission if filed online)

(c) Case Number: G.R. No. 123456

Case Title: John Doe vs. Juan dela Cruz
Name of Filing Party: John Doe
Contact Numbers: (02) 888-9900 (landline),
0900-1112233 (mobile)
Other e-mail address/es, if any: [filer’s other e-
mail address/es]
Title of Attached Documents:
1. Petition for Review on Certiorari
2. Annex A- [Court of Appeals Decision in
CA-G.R. SP No. xxxxx]
3. Annex B- [NLRC Decision in NLRC LAC
No. xxxxx]

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H. SUMMONS
(RULE 14)
1. NATURE AND PURPOSE OF SUMMONS
IN RELATION TO ACTIONS IN PERSONAM,
IN REM, AND QUASI IN REM
Nature of Summons
It is the writ by which the defendant is notified of
the action brought against him or her. (Gomez v. CA,
G.R. No. 127692, 10 Mar. 2004) An important part of
that notice is a direction to the defendant that he or
she must answer the complaint within the period
fixed by the Rules, and that unless he or she so
answers, plaintiff will take judgment by default and
may be granted the relief applied for. (Riano, 2019)
Summons in relation to Actions In Personam, In
Rem and Quasi In Rem
1. Actions in personam –
a. To acquire jurisdiction over the person of
the defendant; and
b. To give notice to the defendant that an
action has been commenced against him
(Umandap v. Sabio, Jr., G.R. No. 140244, 29
Aug. 2000)
2. Actions in rem and quasi in rem – not to
acquire jurisdiction over the defendant but
mainly to satisfy the constitutional
requirement of due process (Gomez v. CA, G.R.
No. 127692, 10 Mar. 2004)
2. WHO MAY SERVE SUMMONS
The summons may be served by the:
1. Sheriff;
2. Deputy of the sheriff;
3. Other proper court officer; or
4. Plaintiff, provided:
a. There must be failure of service of
summons by the sheriff or his deputy;
b. Authorized by the court;
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c. The summons is to be served outside the
judicial region of the court where the case
is pending. (Sec. 3, Rule 14, ROC, as
amended)
Q: Respondent Lagtapon instituted a civil suit
against petitioner Yap for a sum of money with
the RTC. Summons was issued and as per return
of service of summons dated 4 November 1997
prepared by the process server of the
respondent court in the person of Ray R.
Precioso, he served on November 4, 1997 the
summons on petitioner Yap who, however,
refused to acknowledge receipt thereof, thus,
compelling him to tender the same and left a
copy thereof for her. As no answer was filed,
respondent Lagtapon filed a motion to declare
petitioner Yap in default. The said motion was
granted by the respondent court declaring
[petitioner Yap] in default and allowing
respondent Lagtapon to present her evidence
ex-parte. The respondent court rendered the
challenged Decision in favor of respondent
Lagtapon and against petitioner Yap.
Respondent Lagtapon filed a motion for
execution which was favorably acted upon by
the respondent court.
Yap claimed that while she used to reside
therein, she had already moved out from the
said address sometime in June 1997 and started
leasing out the same on July 1998. Hence, the
Summons could not have been served on her on
November 4, 1997, as she had already vacated
from the said address by then. Thus, Yap filed a
Petition for Annulment with the CA, assailing the
RTC Decision on the ground that Summons was
not validly served on her, which thus prevented
the RTC from acquiring jurisdiction over her
person. Is Yap correct?
A: NO. A public official enjoys the presumption of
regularity in the discharge of one's official duties
and functions. Here, in the absence of clear indicia
of partiality or malice, the service of Summons on
petitioner Yap is perforce deemed regular and valid.
Correspondingly, the Return of Service of Precioso
as process server of the RTC constitutes prima facie
evidence of the facts set out therein.
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Hence, as far as the circumstances attendant to the Summons shall remain valid until duly served.
service of Summons is concerned, the Court has the (Ibid.)
right to rely on the factual representation of
Precioso that service had indeed been made on Contents
petitioner Yap in person.
1. Summons shall be:
Yap makes much of the failure of Precioso to include
the place of service in his Return, contrary to Section a. Directed to the defendant; and
18, Rule 14 of the Rules of Court. Moreover, while b. Signed by the clerk of court under seal.
such detail was indeed lacking in the said Return,
the Court cannot ignore the fact that Precioso 2. Summons shall contain: (N-A-Di-N)
subsequently executed an Affidavit supplying the
place of service, which, to the mind of this Court, a. The Name of the court, and the names of the
constitutes substantial compliance with the Rules. parties to the action;
Petitioner Yap's evidence does not constitute clear b. An Authorization for the plaintiff to serve
and convincing evidence to overturn the summons to the defendant, when
presumption of regularity attendant to the Return authorized by the court upon ex parte
of Service. (Yap v. Lagtapon, G.R. No. 196347, 23 Jan. motion;
2017) c. A Direction that the defendant answer
within the time fixed by the Rules; and
3. VALIDITY OF SUMMONS d. A Notice that unless the defendant so
AND ISSUANCE OF ALIAS SUMMONS answers, plaintiff will take judgment by
default and may be granted the relief
When Summons is issued applied for.

GR: The court shall, within five (5) calendar days
from receipt of the initiatory pleading and proof of
payment of the requisite legal fees, direct the clerk
of court to issue the corresponding summons to the
defendants. (Sec. 1, Rule 14, ROC, as amended)
NOTE: The issuance of summons is not
discretionary on the part of the court or the clerk of
court, but is a mandatory requirement. (Riano,
2019)
XPN: When complaint is on its face dismissible
under Sec. 1, Rule 9, i.e., when it appears on the face
of the complaint that the Court has no jurisdiction
over the subject matter and the action is barred by
res judicata, litis pendentia and prescription.
3. The following shall be attached to the original
and each copy of the summons:
a. A copy of the complaint, and
b. An order for appointment of guardian ad
litem, if any. (Sec. 2, Rule 14, ROC, as
amended)
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.
(Sec.13, Rule 14, ROC, as amended)

Alias Summons Return

The only time that alias summons may be issued by
the court is when summons has been lost or
destroyed. The issuance is upon motion. (Sec. 4,
Rule 14, ROC, as amended)
Within thirty (30) calendar days from issuance of
summons by the clerk of court and receipt thereof,
the sheriff or process server, or person authorized
by the court, shall complete its service. (Sec. 20, Rule
14, ROC, as amended)

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Within five (5) calendar days from service of
summons, the server shall file with the court and
serve a copy of the return to the plaintiff’s counsel,
personally, by registered mail, or by electronic
means authorized by the Rules. (Ibid.)
Return in case of Substituted Service
Should substituted service have been effected, the
return shall state the following:
1. The impossibility of prompt personal service
within a period of thirty (30) calendar days
from issue and receipt of summons;
2. The date and time of the three (3) attempts on
at least two (2) different dates to cause personal
service and the details of the inquiries made to
locate the defendant residing thereat; and
3. The name of the person at least eighteen (18)
years of age and of sufficient discretion residing
thereat, name of competent person in charge of
the defendant’s office or regular place of
business, or name of the officer of the
homeowners’ association or condominium
corporation or its chief security officer in
charge of the community or building where the
defendant may be found. (Ibid.)
4. PERSONAL SERVICE
Regardless of the type of action—whether it is in
personam, in rem or quasi-in rem—the preferred
mode of service of summons is personal service. (De
Pedro v. Romasan Development Corp., G.R. No.
194751, 26 Nov. 2014)
Personal service of summons is the preferred mode
of service of summons. Thus, as a rule, summons
must be served personally upon the defendant or
respondent wherever he or she may be found. The
Rules, however, allow service of summons through
other modes, such as by substituted service, and by
publication.
Under Section 14, Rule 14 of the Rules then in force,
summons by publication may be effected, by leave
of court, when the whereabouts of the defendant is
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2023 GOLDEN NOTES
unknown and cannot be ascertained with diligent
inquiry.
Thus, before summons by publication may be
allowed, the following requirements must be
satisfied:
1. there must be a written motion for leave of
court to effect service of summons by
publication, supported by affidavit of the
plaintiff or some person on his behalf, setting
forth the grounds for the application; and
2. there must be diligent efforts exerted by the
sheriff in ascertaining the whereabouts of the
defendant.
Absent compliance with the rigid requirements on
the service of summons, service by publication is
invalid.
Necessarily, the proceedings and any judgment,
including all issuances rendered are null and void.
(Titan Dragon Properties Corporation vs. Marlina
Veloso-Galenzoga, G.R. No. 246088, 28 Apr. 2021)
How effected
1. By handing a copy of the summons to the
defendant in person, and informing the
defendant that he or she is being served; or
2. 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. (Sec. 5, Rule 14, ROC,
as amended; Sps. Manuel v. Ong, G.R. No. 205249,
14 Oct. 2014)
Locus of the Service is not Controlling
Personal service of summons has nothing to do with
the location where summons is served. A
defendant’s address is inconsequential. The rule is
clear in what it requires; personally handing the
summons to the defendant (albeit tender is
sufficient should the defendant refuse to receive
and sign). What is determinative of the validity of
personal service is, therefore, the person of the
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defendant, not the locus of the service. (Sps. Manuel purpose known, with any of the officers of the
v. Ong, ibid.) homeowners’ association or condominium
corporation, or its chief security officer in charge
The rule does not require that the service of of the community or the building where the
summons on the defendant in person must be defendant may be found; and
effected only at the latter’s residence as stated in the
summons. On the contrary, said provision is crystal 4. By sending an electronic mail to the defendant’s
clear that, whenever practicable, summons shall be electronic mail address, if allowed by the court.
served by handing a copy thereof to the defendant; (Ibid.)
or if he refuses to receive and sign for it, by
tendering it to him. Nothing more is required. The Requisites
service of the copy of the summons and the
complaint inside the courtroom was the most When resorting to substituted service, the following
practicable act under the circumstances, and the statutory requirements must be strictly, faithfully,
process server need not wait for respondent to and fully observed:
reach their given address before he could serve on
the latter the summons and the copy of the 1. Indicate the impossibility of service of summons
complaint. Due to the distance of the said address, within a reasonable time;
service therein would have been more costly and 2. Specify the efforts exerted to locate the
would have entailed a longer delay on the part of the defendant; and
process server in effecting the service of the 3. State that the summons was served upon:
summons. (Sansio Philippines, Inc. v. Sps. Mogol, Jr.,
G.R. No. 177007, 14 July, 2009) a. A person of sufficient age and discretion who
is residing in the address, or
5. SUBSTITUTED SERVICE b. A person in charge of the office or regular
place of business, of the defendant
When allowed
4. It is likewise required that the pertinent facts
It is allowed if, for justifiable causes, the defendant proving these circumstances be stated in the
cannot be served personally after at least 3 attempts proof of service or in the officer’s return.
on 2 different dates. (Sec. 6, Rule 14, ROC, as
amended) NOTE: The sheriff’s return must show the
details of the efforts exerted to
How effected personally serve summons upon
defendants or respondents, before
1. By leaving copies of the summons at the substituted service or service by
defendant's residence to a person at least 18 publication is availed. (De Pedro v. Romasan
years of age and of sufficient discretion residing Development Corp., supra.)
therein;
Failure to comply with this rule renders absolutely
2. By leaving copies of the summons at the void the substituted service along with the
defendant's office or regular place of business proceedings taken thereafter for lack of jurisdiction
with some competent person in charge thereof. over the person of the defendant (Sandoval v. HRET,
A competent person includes, but is not limited G.R. No. 149380, 03 July, 2000).
to, one who customarily receives
correspondences for the defendant;

3. By leaving copies of the summons, if refused

entry upon making his or her authority and

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1. The identity of the defendant is unknown;
2. The whereabouts of the defendants are
unknown and cannot be ascertained by diligent
inquiry; (Sec. 16, Rule 14, ROC, as amended)
3. The defendant is a resident of the Philippines
but is temporarily out of the country; or
4. In case the defendant does not reside and
cannot be found in the Philippines, the remedy
of the plaintiff in order to acquire jurisdiction to
try the case is to convert the action into a
proceeding in rem or quasi in rem by attaching
the property of the defendant. (Philippine
Commercial International Bank v. Alejandro, G.R.
No. 175587, 21 Sept. 2007)
NOTE: Those enumerated from 1 to 3 applies to any
action, which necessarily includes personal action.
(Riano, 2019)
Summons by publication may be made only with
leave of court.
Service of summons may be effected through
publication in a newspaper of general circulation
together with a registered mailing of a copy of the
summons and the order of the court to the last
known address of the defendant. (Riano, 2019) It
can be done as a complementary to service of
summons by publication, but it does not mean that
service by registered mail alone would suffice.
NOTE: There is no service of summons solely by
registered mail except as an additional requirement
to service by publication.
Service upon Defendant whose Identity or
Whereabouts is Unknown
In any action where the defendant is designated as
an unknown owner, or the like, or whenever his or
her whereabouts are unknown and cannot be
ascertained by diligent inquiry, within ninety (90)
calendar days from the commencement of the
action, service may, by leave of court, be effected
upon him or her by publication in a newspaper of
general circulation and in such places and for such
time as the court may order.
107
Any order granting such leave shall specify a
reasonable time, which shall not be less than sixty
(60) calendar days after notice, within which the
defendant must answer. (Sec. 16, Rule 14, ROC, as
amended)
Service upon Residents Temporarily Outside the
Philippines
When any action is commenced against a defendant
who ordinarily resides within the Philippines, but
who is temporarily outside, service may, by leave of
court, be also effected out of the Philippines, as
under Sec. 17 of Rule 14. (Sec. 18, Rule 14, ROC, as
amended)
NOTE: “Dwelling house” or “residence” refers to the
place where the defendant was living at the time
when the service was made, even though he was
temporarily out of the country. (Domagas v. Jensen,
G.R. No. 158407, 17 Jan. 2005)
7. EXTRATERRITORIAL SERVICE
Requisites of Extra-Territorial Service of
Summons (2009 BAR)
1. The defendant is a nonresident;
2. He or she is not found in the Philippines; and
3. The action against him is either in rem or quasi
in rem.
NOTE: There is no extraterritorial service of
summons in an action in personam. Hence,
extraterritorial service upon a nonresident in an
action for injunction which is in personam is not
proper. (Kawasaki Port Service Corp. v. Amores, G.R.
No. 58340, 16 July 1991; Banco Do Brasil v. CA, G.R.
No. 121576-78, 16 June 2000)
Instances when Extra-Territorial Service of
Summons is Allowed:
1. The action affects the personal status of the
plaintiff;
2. The action relates to, or the subject is the
property within the Philippines on which the
defendant has or claims a lien or interest, actual
or contingent;
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3. The action in which the relief demanded
consists, wholly or in part, in excluding the
defendant from any interest therein (2016
BAR); and
4. When the property of the defendant has been
attached in the Philippines. (NM Rothschild &
Sons [Australia] Ltd. v. Lepanto Consolidated
Mining Co., G.R. No. 175799, 28 Nov. 2011)
Manner of Service of Summons in cases of Extra-
Territorial Service (P-I-P-O)
1. With leave of court served outside the
Philippines by Personal service;
2. As provided for in International conventions to
which the Philippines is a party;
3. With leave of court served by Publication in a
newspaper of general circulation, in which case
a copy of the summons and order of court must
also be sent by registered mail to the last known
address of defendant (2008 BAR); or
4. Any Other manner the court may deem
sufficient. (Sec. 17, Rule 14, ROC, as amended)
Hague Service Convention
One international convention by which service of
summons in cases of extra-territorial service may
be effected is The Convention on the Service
Abroad of Judicial and Extrajudicial Documents
in Civil or Commercial Matters, also known as
the Hague Service Convention, which was
concluded on November 15, 1965. It:
1. Establishes a streamlined transmission of
judicial and extrajudicial documents from one
State party to another;
2. Provides transnational litigants with methods
for the service of documents abroad;
3. Simplifies and expedites the service of
documents abroad; and
4. Guarantees that service will be brought to the
notice of the recipient in sufficient time.
In relation thereto, the Supreme Court promulgated
Administrative Order No. 251-2020 or the
Guidelines in the Implementation of the Hague
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2023 GOLDEN NOTES
Service Convention on the Service Abroad of
Judicial Documents in Civil and Commercial
Matters.
Central Authority
Central Authority refers to the receiving authority
in charge of receiving requests for service from
Requesting States and executing them or causing
them to be executed.
NOTE: The Central Authority may decline the
request for service if it does not comply with the
provisions of the Hague Service Convention, or
when compliance with the request would infringe
upon its sovereignty or security.
The Office of the Court Administrator (OCA) is
designated as the Central Authority in the
Philippines for judicial documents for purposes of
Art. 2 of the Hague Service Convention (Per SC
Resolution dated 04 Dec. 2018).
NOTE: For extrajudicial documents, the Central
Authority is the Integrated Bar of the Philippines,
thus, not covered by these guidelines.
Scope of the Guidelines
The Guidelines shall govern the operation and
implementation of the Hague Service Convention in
the Philippines, insofar as they concern judicial
documents in civil or commercial matters.
Application of the Hague Service Convention
The Hague Service Convention shall apply in the
Philippines, provided the following conditions are
present:
1. A document is to be transmitted from one State
Party for service to another State Party;
2. The address of the intended recipient in the
receiving State Party is known;
3. The document to be served is a judicial
document; and
4. The document to be served relates to a civil or
commercial matter.
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Outbound Request for Service
Upon motion for leave of court of a party in a civil or
commercial proceeding, the court shall determine
whether extraterritorial service through the Hague
Service Convention is necessary, in accordance with
Rules 13 and 14 of the Rules of Court, as amended.
If the court finds that extraterritorial service under
the Hague Service Convention is warranted, it shall
issue an Order to that effect.
Once all the requirements are submitted by the
party requesting the extraterritorial service
through the Hague Service Convention, the court
shall coordinate with the Central Authority of the
Requested State and transmit the following:
1. The Order granting the extraterritorial service;
2. The filled-out Request and Summary of
Document to be Served with Warning;
3. The blank Certificate (to be completed by the
Central Authority of the Requested State);
4. The documents sought to be served; and
5. Certified translations of the Model Form and all
accompanying documents, where necessary.
Inbound Request for Service
The Forwarding Authority of the Requesting State
from which the documents originated shall transmit
the request, together with all the documents,
including proof of payment, to the OCA.
Should the request, upon evaluation of the OCA, fails
to comply with any of the above-mentioned
requirements, or there are objections for the
execution of the request, the OCA shall inform the
Forwarding Authority, specifying the objection/s
thereto. If the objections are resolved, the
processing of the request shall proceed. Otherwise,
the request shall be denied, and all documents
relating thereto shall be returned to the Forwarding
Authority, along with a notice of objection or denial,
stating the reasons therefor.
When the request is sufficient in form, the OCA shall
forward the request to the court having jurisdiction
over the area where the intended recipient resides.
109
8. PROOF OF SERVICE
Proof of Service
1. Be made in writing by the server;
2. Set forth the manner, place, and date of service;
3. Specify any papers which have been served
with the same;
4. Be sworn to when made by a person other than
a sheriff or his deputy; and
5. If served by electronic mail, a printout of said e-
mail with a copy of summons, and affidavit of
the person mailing. (Sec. 21, Rule 14, ROC, as
amended)
NOTE: Absence in the sheriff’s return of a statement
about the impossibility of personal service is not
conclusive proof that the service is invalid. The
plaintiff may submit proof of prior attempts at
personal service during the hearing of any incident
assailing the validity of the substituted service. Also,
the impossibility of service may be established by
evidence.
Proof of Service by Publication
1. Affidavit of the publisher, editor business or
advertising manager, to which affidavit a copy
of the publication shall be attached; and
2. 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. (Sec. 22, Rule 14, ROC, as
amended)
I. MOTIONS
(RULE 15)
1. IN GENERAL
Definition of a Motion
It is an application for relief other than by a
pleading. (Sec. 1, Rule 15, ROC, as amended) (2007
BAR)
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2. NON-LITIGIOUS MOTIONS 1. Personal service;

2. Accredited private courier;
Motions which the court may act upon without 3. Registered mail; or
prejudicing the rights of adverse parties. These 4. Electronic means so as to ensure their receipt
motions shall not be set for hearing and shall be by the other party. (Sec. 5(c), Rule 15, ROC, as
resolved by the court within five (5) calendar days amended)
from receipt thereof. (Sec. 4, Rule 15, ROC, as
amended) NOTE: No written motion shall be acted upon by the
court without proof of service thereof. (Sec. 7, Rule
Non-litigious motions include: 15, ROC, as amended)

1. Motion for the issuance of an alias summons; The opposing party shall file his or her opposition to
2. Motion for extension to file answer; a litigious motion within five (5) calendar days from
3. Motion for postponement; receipt thereof. No other submissions shall be
4. Motion for the issuance of a writ of execution; considered by the court in the resolution of the
5. Motion for the issuance of an alias writ of motion.
execution;
6. Motion for the issuance of an order directing The motion shall be resolved by the court within
the sheriff to execute the final certificate of sale; fifteen (15) calendar days from its receipt of the
and opposition thereto, or upon expiration of the period
7. Other similar motions. (Ibid) to file such opposition. (Sec. 5(c), Rule 15, ROC, as
amended)

3. LITIGIOUS MOTIONS
Hearing on litigious motions; discretionary

Litigious motions include: The court may, in the exercise of its discretion, and
if deemed necessary for its resolution, call a hearing
1. Motion for bill of particulars; on the motion. Notice of hearing shall be addressed
2. Motion to dismiss; to all parties concerned and shall specify date and
3. Motion for new trial; time of hearing. (Sec. 6, Rule 15, ROC, as amended)
4. Motion for reconsideration;
5. Motion for execution pending appeal;
4. PROHIBITED MOTIONS
6. Motion to amend after a responsive pleading
has been filed;
7. Motion to cancel statutory lien; The following motions shall not be allowed: [6M
8. Motion for an order to break in or for writ of (S-P-A-R-E-D)]
demolition;
9. Motion for intervention; 1. Motion to Suspend proceedings without a
10. Motion for judgment on the pleadings; temporary restraining order or injunction
11. Motion for summary judgment; issued by a higher court;
12. Demurrer to evidence;
13. Motion to declare defendant in default; and 2. Motion for Postponement intended for delay
14. Other similar motions. (Sec. 5(a), Rule 15, ROC,
as amended) XPN: If it is based on:
a. Acts of God
Resolution of Written Motions b. Force Majeure; or
c. Physical inability of the witness to appear
All motions shall be served by: and testify.

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NOTE: If the motion is granted based on such
exceptions, the moving party shall be warned
that the presentation of its evidence must still
be terminated on the dates previously agreed
upon.
3. Motion to hear Affirmative defenses
REASON: The court shall motu proprio resolve
the affirmative defenses within thirty (30)
calendar days from the filing of the answer. (Sec.
12(b), Rule 8, ROC, as amended);
NOTE: As to affirmative defenses under Sec.
5(b), Rule 6, the court may conduct a summary
hearing.
4. Motion for Reconsideration of the court’s action
on the affirmative defenses
NOTE: Affirmative defenses, if denied, shall not
be the subject of a motion for reconsideration
or petition for certiorari, prohibition or
mandamus, but may be among the matters to be
raised on appeal after a judgment on the merits.
(Sec. 12(e), Rule 8, ROC, as amended);
5. Motion for Extension of time to file pleadings,
affidavits or any other papers;
XPN: A motion for extension to file an answer
as provided by Sec. 11, Rule 11; and
6. Motion to Dismiss
XPNs (Grounds):
a. That the court has no jurisdiction over the
subject matter of the claim;
b. That there is another action pending
between the same parties for the same
cause; and
c. That the cause of action is barred by a prior
judgment or by the statute of limitations;
NOTE: The 2019 Amendments to the Rules of
Civil Procedure deleted the entire Rule on
Motion to Dismiss. Thus, motions to dismiss are
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2023 GOLDEN NOTES
now generally prohibited, except the grounds
provided herein.
Aside from the allowed motion to dismiss on
the grounds enumerated under Sec. 12(a), Rule
15, there are also other grounds for dismissal of
actions, such as that in Rule 17 (upon notice by
plaintiff; upon motion of plaintiff; due to fault of
plaintiff) and that in Rule 33 (Demurrer to
evidence, which is, in effect, a motion to
dismiss). (Sec. 12, Rule 15, ROC, as amended)
5. MOTION FOR BILL OF PARTICULARS
(RULE 12)
Three Options available to the Defendant upon
receipt of the Complaint (B-A-D)
1. Filing of a motion for Bill of particulars;
2. Filing of an Answer to the complaint; or
3. Filing of a motion to Dismiss. (Riano, 2019)
Bill of Particulars
It is a more definite statement consisting of
amplification or more particularized outline of a
pleading and being in the nature of a more specific
allegation of the facts recited in the pleading. (Sec. 3,
Rule 12; Herrera, 2007)
PURPOSE AND WHEN APPLIED FOR
Purpose of a Bill of Particulars
Its purpose is to seek an order from the court
directing the pleader to submit a bill of particulars
which avers matters with “sufficient definiteness or
particularity” to enable the movant to properly
prepare his responsive pleading. In less technical
terms, a function of a bill of particulars is to clarify
the allegations in the pleading so an adverse party
may be informed with certainty of the exact
character of the cause of action or defense. (Riano,
2019)
NOTE: The purpose of the motion is not to enable
the movant to prepare for trial. Where the movant
is to enable him to prepare for trial, the appropriate
remedy is to avail of the discovery procedures from
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Rules 23 to 29 and even of a pretrial under Rule 18.
(Riano, 2019)
Motion for a Bill of Particulars; when Available
(2003 BAR)
Before responding to a pleading, a party may move
for a definite statement or for a bill of particulars of
any matter which is not averred with sufficient
definiteness or particularity to enable him or her
properly to prepare his or her responsive pleading.
If the pleading is a reply, the motion must be filed
within ten (10) calendar days from service thereof.
(Sec. 1, Rule 12, ROC, as amended)
Instances when a Bill of Particulars is Allowed:
1. When the allegations are indefinite and
uncertain that the nature cannot be understood
therefrom;
2. When the allegations are so vague that they do
not appear therefrom in what capacity a party
sues or is issued;
When Bill of Particulars is Improper (2003 BAR)
1. Specified with particularity;
2. Within party’s knowledge;
3. Irrelevant to allegations of complaint; or
4. More properly ascertainable by discovery.
(Herrera, 2007)
Filing of Bill of Particulars
It may be filed either through a separate or an
amended pleading. (Sec. 3, Rule 12, ROC, as
amended)
Who can avail of Motion for Bill of Particulars
Both parties can avail of the Motion for Bill of
Particulars. It is a motion that applies to any
pleading which in the perception of the movant
contains matters which are not alleged with
sufficient definiteness or particularity. (Riano,
2019)
Requirements of Bill of Particulars

3. When the allegations are uncertain as to time, Aside from the requirements for a motion as set
place, quantity, title, person, or any other forth in Rule 15, the motion shall point out:
matter required to be pleaded with certainty;
1. The defects complained of;
4. When the allegations are faulty in duplication, 2. The paragraphs wherein they are contained;
setting out two grounds for a single claim; and
3. The details desired. (Sec. 1, Rule 12, ROC, as
5. When denials are so indefinite and uncertain amended)
that it cannot be understood what is denied and
what is admitted; Action of The Court (2008 Bar)

6. Particulars of details of computation of bank The court may either:

account were allowed; technicalities are
frowned upon; or 1. Deny it outright;
2. Grant it outright; or
7. Conclusions of law – deceit, machination, false 3. Allow the parties the opportunity to be heard.
pretenses, misrepresentations and threats are (Sec. 2, Rule 12)
conclusions of law and mere allegations thereof
without a statement of the facts to which such
terms have references are not sufficient.
(Herrera, 2007)

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COMPLIANCE WITH THE ORDER
AND EFFECT OF NON-COMPLIANCE
Motion granted
If the motion is granted, either in whole or in part, it
must be effected within ten (10) calendar days from
notice of the order, unless a different period is fixed
by the court. The bill of particulars or a more
definite statement ordered by the court may be filed
in a separate or in an amended pleading, serving a
copy thereof on the adverse party. (Sec. 3, Rule 12,
ROC, as amended)
Non-Compliance with the Order of a Bill of
Particulars
1. If the order is not obeyed or in case of
insufficient compliance therewith, the court:
a. May order the striking out of the pleading
or the portion thereof to which the order is
directed; or
b. Make such order as it may deem just. (Sec.
4, Rule 12, ROC, as amended)
2. If plaintiff is disobedient, his or her complaint
will be stricken off and dismissed (Sec. 3, Rule
17, ROC, as amended);
3. If defendant is disobedient, his answer will be
stricken off and his counterclaim dismissed,
and he will be declared in default upon motion
of the plaintiff. (Sec. 4, Rule 17; Sec. 3, Rule 9,
ROC, as amended) (2003, 2008 BAR)
particulars, can the trial judge dismiss the
case if the plaintiff does not comply with the
order? (2008 BAR)
A:
1. NO. Sec. 2, Rule 12 authorizes the court to either
deny or grant said motion outright or allow the
parties an opportunity to be heard. The court is
not mandated to conduct a hearing.
2. YES. Sec. 4, Rule 12 authorizes the court to
order the striking out of the pleading affected,
hence the dismissal of the complaint. To the
same end is the provision of Sec. 3, Rule 17
when the plaintiff fails to comply for no
justifiable cause with any order of the court or
with the Rules.
EFFECT ON THE PERIOD TO FILE
A RESPONSIVE PLEADING
After service of the bill of particulars or of a more
definite pleading, or after notice of denial of his or
her motion, the moving party may file his or her
responsive pleading within the period to which he
or her was entitled at the time of filing his or her
motion, which shall not be less than five (5)
calendar days in any event. (Sec. 5, Rule 12, ROC, as
amended)

Q: Within the period for filing a responsive

pleading, the defendant filed a motion for a bill
of particulars that he set for hearing on a certain
date. However, the defendant was surprised to
find on the date set for hearing that the trial
court had already denied the motion on the day
of its filing, stating that the allegations of the
complaint were sufficiently made.

1. Did the judge gravely abuse his discretion in

acting on the motion without waiting for the
hearing set for the motion?
2. If the judge grants the motion and orders the
plaintiff to file and serve the bill of

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It is a matter of right.
GR: A dismissal without prejudice
i.e., the complaint can be re-filed
XPNs:
1. The notice of dismissal by the
plaintiff provides that the
dismissal is with prejudice; or
2. The plaintiff has once
dismissed in a competent
court an action based on or
including the same claim
(Two-Dismissal Rule) (Sec. 1,
Rule 17, ROC, as amended).
3. Even where the notice of
dismissal does not provide
that it is with prejudice but it
is premised on the fact of
payment by the defendant of
the claim involved (Serrano v.
Cabrera, G.R. No. L-5189, 21
Sept. 1953)
NOTE: The dismissal as a matter
of right ceases when an answer or
a motion for summary judgment
is served on the plaintiff and not
when the answer or motion is
filed with the court. Thus, if a
notice of dismissal is filed by the
plaintiff even after an answer has
been filed in court but before the
responsive pleading has been
served on the plaintiff, the notice
of dismissal is still a matter of
right.
Since there is no answer yet filed
by the adverse party, no
counterclaim is recoverable.
UNIVERSITY OF SANTO TOMAS
2023 GOLDEN NOTES
REMEDIAL LAW
examine and to object to the
admissibility of evidence.
A matter of discretion upon the
court. A complaint shall not be
dismissed at the plaintiff's
instance save upon approval of
the court and upon such terms
and conditions as the court deems
proper. (Sec. 2, Rule 17, ROC, as
amended) (2010 BAR)
Matter of evidence.
GR: It is a dismissal without
prejudice.
GR: Dismissal is with prejudice
because it has an effect of an
XPN: If the order of dismissal
adjudication on the merits.
specifies that it is with prejudice.
(Sec. 2, Rule 17, ROC, as amended)
XPN: Unless otherwise declared by
the court. (Sec. 3, Rule 17, ROC, as
NOTE: A class suit shall not be
amended)
dismissed or compromised
without the approval of the court.
If a counterclaim has been
pleaded by a defendant prior to
the service upon him of the
plaintiff's motion for dismissal,
the dismissal shall be limited to
the complaint.
GR: It is without prejudice to the
right of defendant to prosecute
Dismissal upon motion of the
his counterclaim in a separate
defendant or upon the court's own
action.
motion is without prejudice to the
right of the defendant to prosecute
XPN: Unless within fifteen (15)
his counterclaim on the same or
calendar days from notice of the
separate action.
motion he manifests his
preference to have his
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counterclaim resolved in the
same action.

NOTE: Failure of the plaintiff to appear at the pre-trial when so required shall cause for the dismissal of the
action. (Suico Industrial Corp. v. Lagura-Yap, G.R. No. 177711, 05 Sept. 2012

117 UNIVERSITY OF SANTO TOMAS

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a. Mark their respective evidence if not yet
K. PRE-TRIAL marked in the judicial affidavits of their
(RULE 18) witnesses;
b. Examine and make comparisons of the
adverse parties evidence vis-à-vis the
copies to be marked;
1. NATURE AND PURPOSE
c. Manifest for the record stipulations
regarding the faithfulness of the
Nature of Pre-Trial
reproductions and the genuineness and
due execution of the adverse parties’
It is mandatory and should be terminated promptly.
evidence;
(Sec. 2, Rule 18, ROC, as amended)
d. Reserve evidence not available at the pre-
trial, but only in the following manner:
It is not a mere technicality in court proceedings for
it serves a vital objective: the simplification,
i. For testimonial evidence, by giving
abbreviation, and expedition of the trial, if not
the name or position and the nature of
indeed its dispensation. (The Philippine American
the testimony of the proposed
Life & General Insurance Co. v. Enario, G.R. No.
witness;
182075, 15 Sept. 2010)
ii. For documentary evidence and other
object evidence, by giving a particular
Pre-Trial Conference
description of the evidence.

During the pre-trial, the judge shall be the one to ask

NOTE: No reservation shall be
questions on issues raised by the parties and all
allowed if not made in the manner
questions or comments by counsel or parties must
described above.
be directed to the judge. The purpose of this is to
avoid hostilities between the parties. (A.M. No. 03-1-
8. Such other matters as may aid in the prompt
09-SC, July 13, 2004)
disposition of the action. (Sec. 2, Rule 18, ROC, as
amended)
Purposes of Pre-Trial

The court shall consider the following purposes: 2. APPEARANCE OF PARTIES;

EFFECTS OF FAILURE TO APPEAR
1. Possibility of an amicable settlement or of a
submission to alternative modes of dispute It shall be the duty of the parties and their counsel
resolution; to appear at:
2. Simplification of the issues; a. Pre-trial,
3. Possibility of obtaining stipulations or b. Court-annexed mediation, and
admissions of facts and of documents to avoid c. Judicial dispute resolution, if necessary.
unnecessary proof; (Sec. 4, Rule 18, ROC, as amended)
4. Limitation of the number and identification of
witnesses and the setting of trial dates; NOTE: Both parties and their counsel are required
5. Advisability of a preliminary reference of issues to attend. Appearance of either only the party or his
to a commissioner; counsel counts as non-appearance, unless:
6. Propriety of rendering judgment on the
pleadings, or summary judgment, or of Excused Non-appearance
dismissing the action should a valid ground
therefore be found to exist; Appearance of a party and counsel may only
7. The requirement for the parties to: be excused for:
a. Acts of God,

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2023 GOLDEN NOTES
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III. CIVIL PROCEDURE
b. Force majeure, or
c. Duly substantiated physical inability. (Sec.
4, Rule 18, ROC, as amended)
Appearance by Representative
A representative may appear on behalf of a party,
but must be fully authorized in writing:
a. To enter into an amicable settlement,
b. To submit to alternative modes of dispute
resolution, and
d. To enter into stipulations or admissions of
facts and documents. (Sec. 4, Rule 18, ROC,
as amended)
NOTE: It is not sufficient for the written authority to
give to the representative the power to enter into
one of the matters mentioned in Sec. 4 of Rule 18, as
when the only authority granted is to enter into an
amicable settlement. The authority must also confer
upon the representative the power to enter into
alternative modes of dispute resolution and
stipulations and admissions of fact. An incomplete
authority does not satisfy the requirements of the
Rules and should be deemed the equivalent of
having no authority at all. (Riano, 2011)
Moreover, only the authorization is required in
order for a representative to appear on behalf of a
party. A ground for excused non-appearance need
not concur with the written authorization in order
to allow a representative to appear on behalf of the
party.
The written authorization must be in the form of a
special power of attorney as authority to enter into
amicable settlement must be in such form (Sec. 23,
Rule 138, ROC, as amended; Art. 1878(3), NCC)
Effect of Failure of a Party and Counsel to Appear
without Just Cause despite Notice
It shall result in a waiver of any objections to the
faithfulness of the reproductions marked, or their
genuineness and due execution. (Ibid.)
Effect of Failure without Just Cause of a Party
and Counsel to Bring the Evidence Required
119
It shall be deemed a waiver of the presentation of
such evidence. (Ibid.)
3. PRE-TRIAL BRIEF;
EFFECT OF FAILURE TO FILE
When Filed
The parties shall file their respective pre-trial briefs
in such a manner as shall ensure their receipt
thereof at least three (3) calendar days before the
date of the pre-trial. (Sec. 6, Rule 18, ROC, as
amended)
Contents of a Pre-Trial brief
1. A concise statement of the case and the reliefs
prayed for;
2. A summary of admitted facts and proposed
stipulation of facts;
3. The main factual and legal issues to be tried or
resolved;
4. The propriety of referral of factual issues to
commissioners;
5. The documents or other object evidence to be
marked, stating the purpose thereof;
6. The names of the witnesses, and the summary
of their respective testimonies; and
7. A brief statement of points of law and citation of
authorities. (Sec. 6, Rule 18, ROC, as amended)
NOTE: The parties are bound by the
representations and statements in their respective
pre-trial briefs. (A.M. 03-1-09-SC, 13 July 2004)
Hence, such representations and statements are in
the nature of judicial admissions in relation to Sec.
4, Rule 129.
Effect of Failure to File a Pre-Trial Brief
It shall have the same effect as failure to appear at
the pre-trial. (Sec. 6, Rule 18, ROC, as amended)
1. If plaintiff fails to file a pre-trial brief – such
failure shall be a cause for dismissal of the
action;
2. If defendant fails to do so – such failure shall
be a cause to allow the plaintiff to present his
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL L AW
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evidence ex parte. (Sec. 5, Rule 18, ROC, as
amended)
L INTERVENTION
(RULE 19)
Intervention is a remedy by which a third party, not
originally impleaded in the proceedings, becomes a
litigant therein to enable him or her or it to protect
or preserve a right or interest which may be affected
by such proceedings. It is a proceeding in a suit or
action by which third person is permitted by the
court to make himself a party, either joining the
plaintiff in claiming what is sought by the complaint,
or uniting with the defendant in resisting the claims
of the plaintiff, or demanding something adverse
from both of them. (Mactan-Cebu International
Airport Authority v. Heirs of Minoza, G.R. No. 186045,
02 Feb. 2011)
In claiming the right to intervene, the intervenor
must comply with the requirements laid down by
Rule 19 of the Rules of Court. (Office of the
Ombudsman v. Samaniego, G.R. No. 175573, 11 Sept.
2008)
NOTE: Intervention is merely optional and
permissive. (Mabayo Farms, Inc. v. CA, G.R. No.
140058, 01 Aug. 2002) Hence, the court has the full
measure of discretion in permitting or disallowing
the same. (Yau v. Manila Banking Corporation, G.R.
No. 126731, 11 July 2002)
Q: Alejandria Benitez filed a petition for the
settlement, division, and partition of the
intestate estate of her husband Romeo Benitez
before the RTC of Batac, Ilocos Norte. Romeo left
several real estate properties including
properties located in Laoag City such as Lot No.
9398-B, and Lot No. 9400-C, covered by T-27844
and T-26828, respectively.
Meanwhile, Alejandria and Analiza filed a
petition for the issuance of new owner's
duplicate copies of TCT Nos. T-27844 and T-
26828 in the RTC of Laoag City, Branch 65
(cadastral court) claiming that said documents
UNIVERSITY OF SANTO TOMAS
2023 GOLDEN NOTES
were missing. In a Decision, the cadastral court
directed the issuance of new owner’s duplicate
copies of TCT Nos. T-27844 and T-26828.
Sps. Constantino allegedly purchased the lots
covered by TCT Nos. T-26828 and T- 27844 from
Ceazar Cu Benitez (Ceazar) who is the son of
Romeo and Lolita Cu (Lolita), both deceased.
After the purchase of the subject lots, Sps.
Constantino learned about the Decision of the
cadastral court. Sps. Constantino filed a petition
for annulment of judgment of the Decision of the
cadastral court. The Sps. Constantino also filed a
Motion for Intervention in the intestate court.
The CA opined that filing a motion for
intervention was the wrong remedy. For the CA,
Sps. Constantino should have filed a petition for
relief from judgment under Section 3, Rule 38 of
the Rules within 60 days from learning of the
judgment, final order, or other proceeding to be
set aside, but not more than six months after
such judgment or final order was entered, or
such proceeding was taken.
Did the Sps. Constantino correctly avail of the
proper remedy when it filed a Motion for
Intervention?
A: NO. The remedy availed of by the Sps.
Constantino is erroneous and cannot be given due
course.
Intervention is not an absolute right and may be
secured only in accordance with the Rules.
Noticeably, Sps. Constantino filed their motion for
intervention more than two years from the date the
Decision of the RTC of Batac granting the petition for
the settlement of Romeo's intestate estate became
final and executory.
In exceptional cases, the Court has previously
relaxed the rules on the timeliness of filing an
intervention. The permissive tenor of the provision
on intervention shows the intention of the Rules to
afford the court full discretion in permitting or
disallowing it. However, this discretion should be
exercised judiciously and only after consideration of
all the circumstances obtaining in the case. Here,
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3. Intervention will not unduly delay or prejudice
the adjudication of the rights of original parties;
and
4. Intervenor’s rights may not be fully protected in
a separate proceeding. (Mabayo Farms, Inc. v.
CA, G.R. No. 140058, 01 Aug. 2002)
NOTE: It is recognized that a judgment creditor who
has reduced his claim to judgment may be allowed
to intervene and a purchaser who acquires an
interest in property upon which an attachment has
been levied may intervene in the underlying action
in which the writ of attachment was issued for the
purpose of challenging the attachment. (Yau v.
Manila Banking Corp, G.R. No. 126731, 11 July 2002)
Intervention is NOT an Independent Proceeding
(2000 BAR)
It is not an independent proceeding but is ancillary
and supplemental to an existing litigation. (Saw v.
CA, G.R. No. 90580, 08 Apr. 1991)
Its purpose is to enable a stranger to an action to
become a party to protect his interest. (Santiago
Land Development Corporation v. CA, G.R. No.
106194, 07 Aug. 1997)
NOTE: Denial of a motion to intervene does not
constitute res judicata. The remedy of the
intervenor is to file a separate action.
Intervention cannot Alter Nature of Action
(2011 BAR)
An intervention cannot alter the nature of the
action, and the issues are already joined. (Castro v.
David, G.R. No. L-8508, 29 Nov. 1956)
Period to Intervene
The motion to intervene may be filed any time
before rendition of judgment by the trial court. A
copy of the pleading-in-intervention shall be
attached to the motion and served on the original
parties. (Sec. 2, Rule 19, ROC, as amended)
UNIVERSITY OF SANTO TOMAS
2023 GOLDEN NOTES
Procedure for Intervention
1. The intervenor shall file a motion for
intervention attaching thereto his pleading-in-
intervention. The following are the pleadings to
be filed depending upon the purpose of the
intervention:
a. If the purpose is to assert a claim against
either or all of the original parties – The
pleading shall be called a complaint-in-
intervention.
b. If the pleading seeks to unite with the
defending party in resisting a claim
against the latter – File an answer-in-
intervention. (Sec. 3, Rule 19, ROC, as
amended)
2. The motion and the pleading shall be served
upon the original parties.
3. The answer to the complaint-in-intervention
shall be filed within fifteen (15) calendar days
from notice of the order admitting the same,
unless a different period is fixed by the courts.
(Sec. 4, Rule 19, ROC, as amended)
NOTE: A change in theory of the defense is not a
proper intervention. Intervention should not alter
the theory of both parties.
Intervention may be Allowed after Judgment has
been Rendered by the Court
GR: After rendition of judgment, a motion to
intervene is barred, even if the judgment itself
recognizes the right of the movant. The motion to
intervene must be filed at any time before rendition
of judgment by the trial court. (Sec. 2, Rule 19, ROC,
as amended) Hence, intervention after trial and
decision can no longer be permitted. (Yau v. Manila
Banking Corporation, G.R. No. 126731, 11 July, 2002)
XPNs: Although Rule 19 is explicit on the period
when a motion to intervene may be filed, the
Supreme Court allowed exceptions in several cases
(Rodriguez v. CA, G.R. No. 184589, 13 June, 2013),
such as:
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control of the person to Subpoena to a Prisoner
whom it is directed.
(Sec 1, Rule 21, ROC, as The judge or officer shall examine and study
amended) carefully such application to determine whether the
May be served to a Served on the same is made for a valid purpose. No prisoner
non-party. (Sec. 1, Rule defendant. (Sec. 2, Rule sentenced to death, reclusion perpetua or life
21, ROC, as amended) 14, ROC, as amended) imprisonment and who is confined in any penal
Needs tender of institution shall be brought outside the said penal
kilometrage, institution for appearance or attendance in any
attendance fee and Does not need tender court unless authorized by the SC. (Ibid.)
reasonable cost of of kilometrage and
production fee. (Sec. 6, other fees. Form and Contents of Subpoena
Rule 21, ROC, as
amended) The subpoena shall be directed to the person whose
attendance is required. It shall state the following:
When a Party may apply for the Issuance of
Subpoena Ad Testificandum or Duces Tecum 1. The name of the court;
2. The title of the action or investigation,
If the government employee or official, or the 3. A reasonable description of the books,
requested witness, who is neither the (a) witness of documents or things demanded, in case of a
the adverse party nor a (b) hostile witness: subpoena duces tecum. (Sec. 3, Rule 21, ROC, as
amended)
1. Unjustifiably declines to execute a judicial
affidavit; or Rule on Subpoena for Depositions
2. Refuses without just cause to make the relevant
books, documents, or other things under his Proof of service of notice to take a deposition, as
control available for copying, authentication, provided in Secs. 15 and 25, Rule 23, shall constitute
and eventual production in court. sufficient authorization for the issuance of
subpoenas for the persons named in said notice by
NOTE: The rules governing the issuance of a the clerk of the court of the place in which the
subpoena to the witness in this case shall be the deposition is to be taken. The clerk shall not,
same as when taking his deposition except that the however, issue a subpoena duces tecum to any such
taking of a judicial affidavit shall be understood to person without an order of the court. (Sec. 5, Rule 21,
be ex parte. (Sec. 5, A.M. No. 12-8-8-SC or the Judicial ROC, as amended)
Affidavit Rule)
Service of Subpoena
The Subpoena may be issued by any of the
following: It shall be made in the same manner as personal or
substituted service of summons.
1. The court before whom the witness is required
to attend; The original shall be exhibited and a copy thereof
2. The court of the place where the deposition is delivered to the person on whom it is served.
to be taken;
3. The officer or body authorized by law to do so Costs for court attendance and production of
in connection with investigations conducted by documents subject of the subpoena shall be
said officer or body; or tendered or charged accordingly. (Sec. 6, Rule 21,
4. Any Justice of the SC or of the CA in any case or ROC, as amended)
investigation pending within the Philippines.
(Sec. 2, Rule 21, ROC, as amended) Rationale for Service of Subpoena

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III. CIVIL PROCEDURE
The service must be made to allow the witness
reasonable time for preparation and travel to the
place of attendance. (Ibid.)
Personal Appearance in Court
A person present in court before a judicial officer
may be required to testify as if he or she were in
attendance upon a subpoena issued by such court or
officer. (Sec. 7, Rule 21, ROC, as amended)
Effect of Failure to Comply with Subpoena
GR: The court or judge which issued the subpoena,
upon proof of the service thereof and of the failure
of the witness, may issue a warrant for the arrest of
the witness and require him or her to pay the cost of
such warrant and seizure, if the court should
determine that his disobedience was willful and
without just cause.
The refusal to obey a subpoena without adequate
cause shall be deemed contempt of the court issuing
it. If the subpoena was not issued by a court,
disobedience thereto shall be punished in
accordance with the applicable law or Rule. (Secs. 8
and 9, Rule 21, ROC, as amended)
XPNs:
1. Viatory right – where the witness resides more
than 100 kms. from his or her residence to the
place where he or she is to testify by the
ordinary course of travel; or
2. When the permission of the court in which the
detention prisoner’s case is pending was not
obtained. (Sec. 10, Rule 21, ROC, as amended)
(2009 BAR)
QUASHING OF SUBPOENA
Grounds in Subpoena Duces Tecum:
Upon motion promptly made and, in any event, at or
before the time specified therein:
1. If it is unreasonable and oppressive;
2. The relevancy of the books, documents or
things does not appear;
125
3. If the person in whose behalf the subpoena is
issued fails to advance the reasonable cost of
the production thereof (Sec. 4, Rule 21, ROC, as
amended); or
4. That the witness fees and kilometrage allowed
by the Rules were not tendered when the
subpoena was served.
Grounds in Subpoena Ad Testificandum:
1. That the witness is not bound thereby; or
2. That the witness fees and kilometrage allowed
by the Rules were not tendered when the
subpoena was served. (Sec. 4, Rule 21, ROC, as
amended)
N. COMPUTATION OF TIME
(RULE 22)
Rule on Computation of Time
The day of the act or the event from which the
designated period begins to run is to be excluded
and the date of performance included. If the last day
falls on a Saturday, or a Sunday, or a legal holiday, in
the place where the court sits, the time shall not run
until the next working day.
The rule applies in computing any period
prescribed or allowed by the Rules, or by order of
the court or by any applicable statute. (Sec. 1, Rule
22, ROC, as amended)
Applicability of Art. 13 of the Civil Code
When the law speaks of years, months, days or
nights, it shall be understood that years are of three
hundred sixty-five (365) days; days of twenty-four
(24) hours; and nights from sunsets to sunrise.
If months are designated by names, they shall be
computed by the number of days which they
respectively have.
In computing a period, the first day shall be
excluded and the last day included.
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL L AW
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Pretermission of Holidays Calendar Month

It is the rule which states that the exclusion of such
holidays in the computation of the period, whenever
the first two rules of Section 1 are present.
It does not apply to:
1. Those provided in the contract;
2. A specific date set for a court hearing or
foreclosure of sale; and
3. Prescriptive period (not reglementary)
provided by the Revised Penal Code.
Accordingly, in criminal cases the court cannot
lengthen the period fixed by law to prosecute
the offender. The waiver or loss of the right to
prosecute is automatic and by operation of law.
Where the last day to file an information falls on
a Sunday or legal holiday, the period cannot be
extended up to the next working day since
prescription has already set in.
It shall apply to:
It is a month designated in the calendar without
regard to the number of days it may contain. It is the
period of time running from the beginning of a
certain number of days up to, but not including, the
corresponding numbered day of the next month,
then up to and including the last day of that month.
Effect of Interruption
Should an act be done which effectively interrupts
the running of the period, the allowable period after
such interruption shall start to run on the day after
the notice of the cessation of the cause thereof. (Sec.
2, Rule 22, ROC, as amended)
The day of the act that caused the interruption shall
be excluded in the computation of the period.
The event referred to would include force majeure,
fortuitous events or calamities.

1. A pleading filed on the last day of the

reglementary period but after office hours is
still considered as seasonably filed if duly
mailed; and
2. Period of redemption of real properties sold at
execution sale, thus, the redemption period is
actually 360 days.

Where the last day of doing any act required or

permitted by law falls on a Saturday, a Sunday or a
legal holiday in the place where the courts sits, the
time shall not run until the next working day.

Reckoning of 15-day Extension

It should be tacked on the original period and

commence immediately after the expiration of such
period.

NOTE: Any extension of time to file the required

pleading should be counted from the expiration of
the period regardless of the fact that the said due
date is a Saturday, Sunday, or legal holiday. (Luz v.
National Amnesty Commission, G.R. No. 159708, 24
Sept. 2004)

UNIVERSITY OF SANTO TOMAS 126

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III. CIVIL PROCEDURE
through the OSG, filed a “Motion for Leave of
Court to Take the Testimony of Complainant
Mary Jane Veloso by Deposition Upon Written
Interrogatories under Rule 23 of the Rules of
Court.”
Cristina and Julius objected to the motion
asserting that such method of taking testimony
will violate their right to confront the witness,
Mary Jane, and that depositions under Rules 23
is limited only in civil cases. Can Mary Jane
Veloso, who was sentenced to death by the
Indonesian Government and who is presently
confined in a prison facility in Indonesia, testify
by way of deposition without violating the
constitutional right to confrontation of a witness
by the accused?
A. YES. It is true that Cristina and Julius have no
opportunity to confront Mary Jane face to face in
light of the prevailing circumstance. However, the
terms and conditions laid down by the trial court
ensure that they are given ample opportunity to
cross-examine Mary Jane by way of written
interrogatories so as not to defeat the first purpose
of their constitutional right. In this case, the trial
court required Cristina and Julius, through their
counsel, to file their comment and may raise
objections to the proposed questions in the written
interrogatories submitted by the prosecution. The
trial court judge shall promptly rule on the
objections. Thereafter, only the final questions
would be asked by the Consul of the Philippines in
Indonesia or his designated representative. Also,
the trial court judge will be present during the
conduct of written interrogatories on Mary Jane.
This will give her ample opportunity to observe and
to examine the demeanor of the witness closely.
Although the deposition is in writing, the trial court
judge can still carefully perceive the reaction and
deportment of Mary Jane as she answers each
question propounded to her both by the
prosecution and the defense. (People v. Sergio, G.R.
No. 240053, 09 Oct. 2019, J. Hernando)
NOTE: Although the rule on deposition by written
interrogatories is inscribed under Rule 23 of the
Rules on Civil Procedure, it may be applied
129
suppletorily in criminal proceedings so long as
there is a compelling reason. (Ibid.)
Effect of Substitution of Parties
It does not affect the right to use depositions
previously taken; and when an action has been
dismissed and another action involving the same
subject is afterward brought between the same
parties or their representatives or successors-in-
interest, all depositions lawfully taken and duly filed
in the former action may be used in the latter as if
originally taken therefor. (Sec. 5, Rule 23, ROC, as
amended)
Effect of taking Depositions
A party shall not be deemed to make a person his or
her own witness for any purpose by taking his or
her deposition. (Sec. 7, Rule 23, ROC, as amended)
Effect of using Depositions
GR: The introduction in evidence of the deposition,
or any part thereof, makes the deponent the witness
of the party introducing the deposition. (Sec. 8, Rule
23, ROC, as amended)
XPN: Introduction of deposition does not make the
deponent his or her witness:
1. If the deposition is used for impeaching or
contradicting the deponent (Sec. 8, Rule 23, ROC,
as amended); or
2. If the adverse party uses the deposition of the
other party (Sec. 4(b), Rule 23, ROC, as amended)
Rebutting a Deposition
At the trial or hearing, any party may rebut any
relevant evidence contained in a deposition
whether introduced by him or her or by any other
party. (Sec. 9, Rule 23, ROC, as amended)
Persons before whom Deposition may be taken
1. If within the Philippines
a. Any Judge;
b. Notary public (Sec. 10, Rule 23, ROC, as
amended); or
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL L AW
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Leave of court is not required when the deposition
is to be taken before a secretary of embassy or
legation, consul general, consul, vice-consul or
consular agent of the Republic of the Philippines
and the defendant’s answer has already been
served. However, if the deposition is to be taken in a
foreign country where the Philippines has no
secretary of embassy or legation, consul general,
consul, vice-consul or consular agent, it may be
taken only before such person or officer as may be
appointed by commission or under letters rogatory.
(Dulay v. Dulay, G.R. No. 158857, 11 Nov. 2005)
Disqualifications of a Deposition Officer
1. One who is related to the deponent within the
6th degree of consanguinity or affinity;
2. An employee or attorney of one of the parties;
3. One who is related to the attorney of the
deponent within the same degree or employee
of such attorney; and
4. One who is financially interested in the action.
(Sec. 13, Rule 23, ROC, as amended)
Stipulations regarding taking Depositions
If the parties so stipulate in writing, depositions
may be taken before any person authorized to
administer oaths, at any time or place (Sec. 14, Rule
23, ROC, as amended). However, they may not
stipulate as to the manner of taking depositions, as
such should be in accordance with the Rules. (Feria
& Noche, 2013)
Notice of Deposition upon Oral Examination
A party desiring to take the deposition of any person
upon oral examination shall give reasonable notice
in writing to every other party to the action. (Sec. 15,
Rule 23, ROC, as amended)
Contents of the Notice
It shall state the time and place for taking the
deposition and the name and address of each person
to be examined, if known, and if the name is not
known, a general description sufficient to identify
him or her or the particular class or group to which
131
he or she belongs (Sec. 15, Rule 23, ROC, as
amended).
NOTE: On motion of any party upon whom the
notice is served, the court may for cause shown
enlarge or shorten the time. (Ibid.)
Orders for the Protection of Parties and
Deponents
After notice is served for taking a deposition by oral
examination, upon motion seasonably made by any
party or by the person to be examined and for good
cause shown, the court in which the action is
pending may make any of the following orders for
the protection of parties and deponents:
1. That the deposition shall not be taken;
2. That it may be taken only at some designated
place other than that stated in the notice;
3. That it may be taken only on written
interrogatories;
4. That certain matters shall not be inquired into;
5. That the scope of the examination shall be held
with no one present except the parties to the
action and their officers or counsel;
6. That after being sealed, the deposition shall be
opened only by order of the court;
7. Those secret processes, developments,
research need not be closed;
8. That the parties shall simultaneously file
specified documents or information enclosed in
sealed envelopes to be opened as directed by
the court; or
9. The court may make any other order which
justice requires to protect the party or witness
from annoyance, embarrassment, or
oppression. (Sec. 16, Rule 23, ROC, as amended)
Certain Guidelines for Oral Depositions
1. The officer before whom the deposition is taken
shall put the witness on oath;
2. The officer shall personally, or by someone
acting under his direction and in his presence,
record the testimony of the witness;
3. The testimony shall be taken stenographically
unless the parties agree otherwise;
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL L AW
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REMEDIAL LAW
4. All objections made at the time of the
examination as to the:
a. qualifications of the officer taking the
deposition;
b. manner of taking it;
c. conduct of any party;
d. any other objection to the proceedings shall
be noted;
5. Evidence objected to shall be taken but subject
to the objections.
NOTE: A deposition officer has no authority to rule
on the objection. Evidence objected to shall be taken
subject to the objection, which will be ruled upon by
the court when the deposition is offered in evidence.
(Feria & Noche, 2013)
Option of parties in lieu of participating in the
oral examination
In lieu of participating in the oral examination,
parties served with notice of taking a deposition
may transmit written interrogatories to the officers,
who shall propound them to the witness and record
the answers verbatim. (Sec. 17, Rule 23, ROC, as
amended)
Submission of the Deposition to the Witness
When the testimony is fully transcribed, the
deposition shall be submitted to the witness for
examination and shall be read to or by him or her,
unless such examination and reading are waived by
the witness and by the parties. (Sec. 19, Rule 23, ROC,
as amended)
Changes in the Deposition which the Deponent
desires to make
Any changes in form or substance which the
deponent desires to make shall be entered upon the
deposition by the officer with a statement of the
reasons given by the witness for making them. (Sec.
19, Rule 23, ROC, as amended)
UNIVERSITY OF SANTO TOMAS
2023 GOLDEN NOTES
Signing Deposition
GR: The deposition shall be signed by the witness.
XPNs:
1. Parties by stipulation waive the signing;
2. Witness is ill;
3. Witness cannot be found; or
4. Witness refuses to sign (Sec. 19, Rule 23, ROC, as
amended)
NOTE: If the witness does not sign the deposition,
the officer shall sign it and state on the record the
fact of the waiver or of the illness or absence of the
witness or the fact of refusal to sign together with
the reason given therefor, if any, and the deposition
may then be used as fully as though signed, unless
on a motion to suppress under Sec. 29(f), Rule 23,
the court holds that the reasons given for the refusal
to sign require rejection of the deposition in whole
or in part. (Sec. 19, Rule 23, ROC, as amended)
Deposition upon Written Interrogatories
A party desiring to take the deposition of any person
upon written interrogatories shall serve them upon
every other party with a notice stating the name and
address of the person who is to answer them and
the name or descriptive title and address of the
officer before whom the deposition is to be taken.
Within ten (10) calendar days thereafter, a party so
served may serve cross-interrogatories upon the
party proposing to take the deposition. Within five
(5) calendar days thereafter, the latter may serve re-
direct interrogatories upon a party who has served
cross-interrogatories. Within three (3) calendar
days after being served with re-direct
interrogatories, a party may serve recross-
interrogatories upon the party proposing to take the
deposition. (Sec. 25, Rule 23, ROC, as amended)
NOTE: The duties of the officer under Secs. 17, 19,
20, 21 & 22 of Rule 23 shall also be followed on
deposition upon written interrogatories. (Secs. 26
and 27, Rule 23, ROC, as amended)
After the service of the interrogatories and prior to
the taking of the testimony of the deponent, the
court, on motion promptly made and for good cause
shown, may make:
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1. Any order specified in Sections 15, 16 and 18 of
Rule 23;
2. An order that the deposition shall not be taken
before the officer designated in the notice; or
3. An order that the deposition shall not be taken
except upon oral examination. (Sec. 28, Rule 23,
ROC, as amended)
DEPOSITIONS BEFORE ACTION
OR PENDING APPEAL
How Taken
Any person who wants to perpetuate his or her own
testimony or that of another person regarding any
matter that may be cognizable in any court of the
Philippines, may file a verified petition in the court
of the place of residence of any expected adverse
party. (Sec. 1, Rule 24, ROC, as amended)
Contents of the Petition
The petition shall be entitled in the name of the
petitioner and shall show that:
1. The petitioner expects to be a party to an action
in a court of the Philippines but is presently
unable to bring it or cause it to be brought;
2. The subject matter of the expected action and
his or her interest therein;
3. The facts which he or she desires to establish by
the proposed testimony and his or her reasons
for desiring to perpetuate it;
4. The names or a description of the persons he or
she expects will be adverse parties and their
addresses so far as known; and
5. The names and addresses of the persons to be
examined and the substance of the testimony
which he or she expects to elicit from each, and
shall ask for an order authorizing the petitioner
to take the depositions of the persons to be
examined named in the petition for the purpose
of perpetuating their testimony. (Sec. 2, Rule 24,
ROC, as amended)
133
Notices required before taking a Deposition
before Action
The petitioner shall serve a notice upon each person
named in the petition as an expected adverse party,
together with a copy of the petition, stating that the
petitioner will apply to the court, at a time and place
named therein, for the order described in the
petition. At least twenty (20) calendar days before
the date of the hearing, the court shall cause notice
thereof to be served on the parties and prospective
deponents in the manner provided for service of
summons. (Sec. 3, Rule 24, ROC, as amended)
How to take a Deposition pending Appeal
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.
The motion shall state:
1. The names and addresses of the persons to be
examined;
2. The substance of the testimony which he
expects to elicit from each; and
3. The reason for perpetuating their testimony
(Sec. 7, Rule 24, ROC, as amended)
USES; SCOPE OF EXAMINATION
Parties against whom Deposition may be Used
Any part or all of the deposition, so far as admissible
under the rules of evidence, may be used against:
1. Any party who was present or represented at
the taking of the deposition; or
2. One who had due notice of the deposition. (Sec.
4, Rule 23, ROC, as amended)
Examination and cross-examination of deponents
may proceed as permitted at the trial under Secs. 3
to 18 of Rule 132. (Sec. 3, Rule 23, ROC, as amended)
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL L AW
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REMEDIAL LAW
Uses of Depositions pending Actions
1. Contradicting or impeaching the testimony of
the deponent as a witness;
2. Any purpose by the adverse party where the
deponent is a party or who at the time of taking
the deposition was an officer, director, or
managing agent of a public or private
corporation, partnership, or association which
is a party; or
3. Any purpose by any party if the court finds that:
(D-R-U-S-E)
a. The witness is Dead;
b. The witness Resides more than 100 kms.
from the 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;
c. The witness is Unable to testify because of
age, sickness, infirmity or imprisonment;
d. The party offering the deposition has been
unable to procure the attendance of the
witness by Subpoena; or
e. Upon application and notice, that such
Exceptional circumstances exist as to make
it desirable in the interest of justice. (Sec. 4,
Rule 23)
NOTE: If only part of a deposition is offered in
evidence by a party, the adverse party may
require him or her to introduce all of it which is
relevant to the part introduced, and any party
may introduce any other parts. (Sec. 4, Rule 23,
ROC, as amended)
Use of Deposition Pending Appeal
Depositions are taken pending appeal with the view
to their being used in the event of further
proceeding in the court of origin or appellate court.
(Sec. 7, Rule 24, ROC, as amended)
NOTE: If the court finds that the perpetuation of the
testimony is proper to avoid a failure or delay of
justice, it may make an order allowing the
depositions to be taken, and thereupon the
depositions may be taken and used in the same
manner and under the same conditions as are
UNIVERSITY OF SANTO TOMAS
2023 GOLDEN NOTES
prescribed under Rule 23. (Sec. 7, Rule 24, ROC, as
amended)
NOTE: The deposition taken under Rule 24 is
admissible in evidence in any action subsequently
brought involving the same subject matter. (Sec. 6,
Rule 24, ROC, as amended)
Scope of the Examination of the Deponent
Unless otherwise ordered by the court as provided
by Sec. 16 or 18, Rule 23, the deponent may be
examined regarding any matter, not privileged,
which is relevant to the subject of the pending
action, whether relating to the claim or defense of
any other party, including the:
1. Existence;
2. Description;
3. Nature;
4. Custody;
5. Condition;
6. Location of any books, documents, or other
tangible things; and
7. The identity and location of persons having
knowledge of relevant facts. (Sec. 2, Rule 23,
ROC, as amended)
NOTE: The depositions under Rules 23 and 25 of the
Rules of Court are not designed to replace the actual
testimony of the witness in open court and the use
thereof is confined only in civil cases. (People v.
Sergio, G.R. No. 240053, 09 Oct. 2019)
WHEN MAY OBJECTIONS
TO ADMISSIBILITY BE MADE
Objections to Admissibility
Subject to the provisions of Sec. 29, Rule 23,
objection may be made at the trial or hearing to
receiving in evidence any deposition or part thereof
for any reason which would require the exclusion of
the evidence if the witness were then present and
testifying. (Sec. 6, Rule 23, ROC, as amended)
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Effect of Errors and Irregularities in Depositions
as stated under Sec. 29, Rule 23
1. As to notice – All errors and irregularities in the
notice for taking a deposition are waived unless
written objection is promptly served upon the
party giving the notice.
2. As to disqualification of officer – Objection to
taking a deposition because of disqualification
of the officer before whom it is to be taken is
waived unless made before the taking of the
deposition begins or as soon thereafter as the
disqualification becomes known or could be
discovered with reasonable diligence.
3. As to competency or relevancy of evidence –
Objections to the competency of witness or the
competency, relevancy, or materiality of
testimony are not waived by failure to make
them before or during the taking of the
deposition, unless the ground, of the objection
is one which might have been obviated or
removed if presented at that time.
4. As to oral examination and other particulars
– Errors and irregularities occurring at the oral
examination in the manner of taking the
deposition in the form of the questions or
answers, in the oath or affirmation, or in the
conduct of the parties and errors of any kind
which might be obviated, removed, or cured if
promptly prosecuted, are waived unless
reasonable objection thereto is made at the
taking of the deposition.
5. As to form of written interrogatories –
Objections to the form of written
interrogatories submitted under Secs. 25 and
26 are waived unless served in writing upon the
party propounding them within the time
allowed for serving succeeding cross or other
interrogatories and within 3 days after service
of the last interrogatories authorized.
6. As to manner of preparation – Errors and
irregularities in the manner in which the
testimony is transcribed or the deposition is
prepared, signed, certified, sealed, indorsed,
135
transmitted, filed, or otherwise dealt with by
the officer under Secs. 17, 19, 20 and 26 are
waived unless a motion to suppress the
deposition or some part thereof is made with
reasonable promptness after such defect is, or
with due diligence might have been,
ascertained. (Sec. 29, Rule 23, ROC, as amended)
WHEN MAY TAKING OF DEPOSITION
BE TERMINATED OR ITS SCOPE LIMITED
Grounds for Termination of Deposition or
limiting the Scope of Examination
The court in which the action is pending or the RTC
of the place where the deposition is being taken may
order the termination or limit the scope and manner
of the taking of the deposition at any time during the
taking of the deposition, on motion or petition of
any party or of the deponent, and upon showing that
the examination is conducted in:
1. Bad faith;
2. Such manner as unreasonably to annoy,
embarrass, or oppress the deponent party (Sec.
18, Rule 23, ROC, as amended); or
3. When the constitutional privilege against self-
incrimination is invoked by deponent or his
counsel.
NOTE: If the order made terminates the
examination, it shall be resumed thereafter only
upon the order of the court in which the action is
pending. Upon demand of the objecting party or
deponent, the taking of the deposition shall be
suspended for the time necessary to make a notice
for an order. In granting or refusing such order, the
court may impose upon either party or upon the
witness the requirement to pay such costs or
expenses as the court may deem reasonable. (Sec.
18, Rule 23, ROC, as amended)
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL L AW