CLASS SUIT

• Requisites
o a. Subject matter of the controversy is one of common or general interest to many persons;
o b. The persons are so numerous that it is impracticable to join them all as parties;
o c. The court finds a number of them sufficiently numerous and representative of the class as to
fully protect the interests of all concerned; and
o d. The representative sues or defends for the benefit of all.
• SUITS AGAINST ENTITIES WITHOUT JURIDICAL PERSONALITY When two or more persons not
organized as an entity with juridical personality enter into a transaction, they may be sued under the
name by which they are generally or commonly known.

EFFECT OF DEATH OF PARTY LITIGANT

• Duty of counsel upon death of client
o a. Inform court of such fact within 30 days after the death; and
o b. Give the name and address of the legal representative. [Sec. 16, Rule 3]
• Failure to comply is a ground for disciplinary action.
• Personal action: the death of either parties
• Defendant dies Before entry of final judgment
o The case shall not be dismissed but shall be allowed to continue until entry of final judgment.
(Rule 3, Sec. 20) The judgment favorable to the plaintiff shall be filed as a money claim against
the estate
• Action on contractual money claims: Shall not be dismissed but shall instead be allowed to continue until
entry of final judgment

VENUE
• Real actions shall be commenced and tried in the proper court which has jurisdiction over the area
wherein the real property involved, or a portion thereof is situated.
• All other actions may be commenced and tried, at the plaintiff’s election:
o a. Where the plaintiff or any of the principal plaintiffs resides, or
o b. Where the defendant or any of the principal defendants resides, or
o c. In case of a non-resident defendant, where he may be found.
• Venue of Actions Against Non-Residents
o a. Personal action: where the nonresident defendant may be found, as authorized by Sec. 2, Rule
4, but with an additional alternative venue, i.e., the residence of any of the principal plaintiffs,
pursuant to Secs. 2 and 3, Rule 4. [1 Regalado 121, 2010 Ed.]
o b. Real action: in the proper court which has jurisdiction over the area wherein the real property
involved, or a portion thereof is situated.
• When the Rules on Venue Do Not Apply
o a. Cases where a specific rule or law provides otherwise;
o Parties have validly agreed in writing before the filing of an action on the exclusive venue thereof.
• Effects of Stipulations on Venue: The parties may stipulate on the venue as long as the agreement is:
o a. In writing,
o b. Made before the filing of the action, and
o c. Exclusive as to the venue
• Requirement to be binding: To be binding, the parties must have agreed on the exclusive nature of the
venue of any prospective action between them. The agreement of parties must be restrictive and not
permissive.
o In the absence of qualifying or restrictive words (e.g. “only/solely/exclusively in such court”),
venue stipulation is merely permissive; that is, the stipulated venue is in addition to the venue
provided for in the rules.
PLEADINGS
• The complaint is the pleading alleging the plaintiff’s or claiming party’s cause or causes of action.
• An answer is a pleading in which a defending party sets forth his or her defenses.
o A negative defense is the specific denial of the material fact or facts alleged in the pleading of the
claimant essential to his or her cause or causes of action.
o A negative pregnant is a form of negative expression which carries with it an affirmation or at
least an implication of some kind favorable to the adverse party. It is a denial pregnant with an
admission of the substantial facts alleged in the pleading.
▪ Where a fact is alleged with qualifying or modifying language and the words of the
allegation as so qualified or modified are literally denied, it has been held that the
qualifying circumstances alone are denied while the fact itself is admitted.
• A counterclaim is any claim, which a defending party may have against an opposing party.
o Elements of Compulsory Counterclaim
▪ 1. Arises out of or is necessarily connected with the transaction or occurrence which is the
subject matter of the opposing party’s claim;
▪ 2. It does not require for its adjudication the presence of third parties over whom the court
cannot acquire jurisdiction;
▪ 3. The court has jurisdiction over the amount and nature of the case;
▪ 4. It must be cognizable by the regular courts of justice; and
▪ 5. It is already in existence at the time that the defending party files his answer
o Test to Determine Whether a Counterclaim is Compulsory or Permissive
▪ 1. Are the issues of fact or law raised by the claim and the counterclaim largely the same?
▪ 2. Would res judicata bar a subsequent suit on defendant’s claim absent the compulsory
counterclaim rule?
▪ 3. Will substantially the same evidence support or refute plaintiff’s claim as well as the
defendant’s counterclaim? and
▪ 4. Is there any logical relation between the claim and the counterclaim? Affirmative
answers to the above queries indicate the existence of a compulsory counterclaim.
o A permissive counterclaim does not necessarily arise out of or is not directly connected with the
subject matter of the first claim
▪ Effect on counterclaim when complaint is dismissed: The dismissal of the complaint shall
be without prejudice to the prosecution in the same or separate action
• A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that
is the subject matter either of the original action or of a counterclaim therein. Such cross- claim may cover
all or part of the original claim.
o Requirements: 1. A claim by one party against a co-party; 2. Must arise out of the transaction or
occurrence that is the subject matter either of the original action or of a counterclaim; and 3. The
cross-claimant is prejudiced by the claim against him by the opposing party
• A claim that a defending party may, with leave of court, file against a person not a party to the action,
called the third (fourth, etc.)—party defendant, for contribution, indemnity, subrogation or any other
relief, in respect of his opponent’s claim.
o A prerequisite to the exercise of such right is that some substantive basis for a third-party claim
be found to exist, whether the basis be one of indemnity, subrogation, contribution or other
substantive right.
o the third (forth, etc.) party complaint shall be denied admission, and the court shall require the
defendant to institute a separate action, where:
▪ 1. the third (fourth, etc.) party defendant cannot be located within 30 calendar days from
the grant of such leave;
▪ 2. matters extraneous to the issue in the principal case are raised; or
▪ 3. the effect would be to introduce a new and separate controversy into the action
• If the purpose of the motion for intervention is to assert a claim against either or all of the original parties,
the pleading shall be called a COMPLAINT-IN-INTERVENTION.
• REPLY – a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of
new matters alleged by way of defense in the answer and thereby join or make issue as to such new
matters.
o If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims
shall be set forth in an amended or supplemental complaint
o The plaintiff may file a reply only if the defending party attaches an actionable document to his or
her answer.
▪ An actionable document is a written document that’s the basis of one’s cause of action or
defense.
• Extensions of time to file General Rule: A motion for extension to file any pleading is prohibited and is
considered a mere scrap of paper.
o Exception: A motion for extension of time to file an answer may be allowed if:
▪ For meritorious reasons,
▪ For a period not more than 30 calendar days, and
▪ A party may only avail of 1 motion for extension
• Parts and contents of the pleading
o Caption Sets forth the: 1. Name of the court 2. Title of the action (i.e. the names of the parties and
respective participation) and 3. The docket number, if assigned
o Body – Sets forth the pleading’s designation, the allegations of party's claims or defenses, the
relief prayed for, and its date
o Signature and address Every pleading and other written submissions to the court must be signed
by the party or counsel representing him or her.
▪ The signature of counsel constitutes a certificate that he or she has read the pleading and
document and that such pleading or document:
• Is not being presented for any improper purpose to harass, delay, or increase cost
of litigation
• Has claims, defenses, and other legal contentions that are warranted by law or
jurisprudence, and not merely based on frivolous arguments contrary to
jurisprudence
• Has factual contentions that have evidentiary basis or will most likely be supported
by evidence after availment of modes of discovery, and
• The denials of facts are based on evidence or based on belief of lack of information
if specially so identified.
• Verification General Rule: A pleading required to be verified that contains a verification based on
"information and belief", or upon "knowledge, information and belief", or lacks a proper verification,
shall be treated as an unsigned pleading.
• CERTIFICATION AGAINST FORUM SHOPPING is executed by the PLAINTIFF or the PRINCIPAL
PARTY under oath and must be signed by the party himself/herself and not merely by his attorney
o The Certification Against Forum Shopping is a Sworn Statement Certifying to the Following
Matters:
▪ 1. That the party has not commenced any action or filed any claim involving the same
issues in any court, tribunal, or quasi-judicial agency and, to the best of his/her knowledge,
no such other action or claim is pending therein;
▪ 2. That if there is such other pending action or claim, a complete statement of the present
status thereof; and
▪ 3. That if he/she should thereafter learn that the same or similar action or claim has been
filed or is pending, he/she shall report that fact within 5 days therefrom to the court
wherein his/her complaint or initiatory pleading was been filed.
o Effect of noncompliant CNFS: Failure to comply with the requirements is not curable by mere
amendment of the complaint or other initiatory pleading Cause for dismissal of the case, without
prejudice, unless otherwise provided, upon motion and after hearing.
 • Manner of Making Allegations Every pleading shall contain in a methodical and logical form:
o a plain, concise and direct statement of the ultimate facts,
o the evidence on which the party pleading relies for his or her claim or defense, as the case may be
o If the cause of action or defense is based on law, the pertinent provisions of the law and its
applicability.
• Condition precedent A general averment of the performance or occurrence of all conditions precedent
shall be sufficient.
o Examples of conditions precedent:
▪ 1. A tender of payment is required before making a consignation [Art. 1256, NCC]
▪ 2. Exhaustion of administrative remedies is required in certain cases before resorting to
judicial action [Lopez v. City of Manila, G.R. No. 127139 (1999); Dy v. CA, G.R. No. 121587
(1999)]
▪ 3. Prior resort to barangay conciliation proceedings is necessary in certain cases
• In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with
particularity.
o Malice, intent, knowledge or other condition of the mind of a person may be averred generally

Pleading an actionable document

• Actionable document – Whenever an action or defense is based or founded upon a written instrument or
document, said instrument or document is deemed an actionable document
• Pleading an Actionable Document: The Pleader Must
o Set forth in the pleading the substance of the instrument or the document, and to attach the
original or the copy of the document to the pleading as an exhibit and which shall form part of the
pleading; or
o Set forth in the pleading said copy of the instrument or document
• A variance in the substance of the document set forth in the pleading and the document annexed thereto
does not warrant dismissal of the action.
• Specific denials, 3 kinds:
o Absolute denial – Defendant specifies each material allegation of fact, the truth of which he does
not admit and whenever practicable, sets forth the substance of the matters upon which he relies
to support his denial.
o Partial Denials - made when the defendant does not make a total denial of the material allegations,
but denies only a part of the averment. Here, he specifies which part of the truth he admits and
likewise denies.
o Denial through Disavowal of Knowledge - made when the defendant alleges he “is without
knowledge or information sufficient to form a belief as to the truth of the material averments in
the complaint”
• EFFECT OF FAILURE TO MAKE A SPECIFIC DENIAL General Rule: Allegations NOT specifically
denied are deemed admitted. Exceptions:
1. Allegations as to the amount of unliquidated damages;
2. Allegations immaterial as to the cause of action; and
3. Conclusion of law
• WHEN A SPECIFIC DENIAL REQUIRES AN OATH
1. Denial of an actionable document
2. Denial of the allegation of the usury
• When a Specific Denial Does NOT Require an Oath
1. The adverse party does not appear to be a party to the document;
2. Compliance with an order for an inspection of the original document is refused.
Affirmative Defense
• An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material
allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her.
 • Under Rule 8, Sec. 12 of the New Rules, affirmative defenses shall be limited to the following: Under Rule
8, Sec. 12:
o That the court has no jurisdiction over the person of the defending party;
o That venue is improperly laid;
o That the plaintiff has no legal capacity to sue;
o That the pleading asserting the claim states no cause of action; and
o That a condition precedent for filing the claim has not been complied with.
▪ As to these affirmative defenses, the court shall motu propio resolve them within 30 days
from the filing of the answer.
• Under Rule 6, Sec. 5(b)(1) 1. Fraud; 2. Statute of limitations; 3. Release; 4. Payment; 5. Illegality; 6.
Statute of frauds; 7. Estoppel; 8. Former recovery; 9. Discharge in bankruptcy; and 10. Any other matter
by way of confession and avoidance.
o As to these affirmative defenses, the court may conduct a summary hearing within 15 days from
the filing of the answer, which the court shall resolve within 30 days from the termination of the
summary hearing.
• Under Rule 6, Sec.5(b)(2) 1. That the court has no jurisdiction over the subject matter; 2. That there is
another action pending between the same parties for the same cause; 3. That the action is barred by prior
judgment.
• Effect of failure to raise the affirmative defense at the earliest opportunity General Rule:
Failure to raise an affirmative defense in the answer or at the earliest opportunity constitutes a waiver of
the defense.
• Remedy if the affirmative defense is denied Affirmative defenses, if denied, shall not be the subject
of a motion for reconsideration, or a petition for certiorari, prohibition, or mandamus, but may be among
the matters to be raised on appeal after a judgment on the merits.

Failure to plead
• Defenses and objections, General Rule: Defenses and objections not pleaded in either a motion to
dismiss or in the answer are deemed waived Exceptions: The court shall dismiss the case when it appears
from the pleadings or the evidence on record that:
1. The court has no jurisdiction over the subject matter,
2. There is another action pending between the same parties for the same cause (litis pendentia),
3. The action is barred by a prior judgment (res judicata), or
4. The action is barred by statute of limitations (prescription).
• Compulsory counterclaim and cross-claim General Rule: A compulsory counterclaim, or a cross-
claim, not set up shall be barred. Exceptions:
o Omitted Counterclaim or Cross-claim When a pleader fails to set up a counterclaim or cross-claim
through oversight, inadvertence, or excusable neglect, or when justice requires, he may, by leave
of court, set up the counterclaim or cross-claim by amendment before judgment.

AMENDED AND SUPPLEMENTAL PLEADINGS

• Pleadings MAY be Amended By:
1. Adding or striking out an allegation of a party;
2. Adding or striking out the name of a party;
3. Correcting a mistake in the name of a party; and
4. Correcting a mistake or inadequate allegation or description in any other respect.
• The courts should be liberal in allowing amendments to pleadings to avoid a multiplicity of suits and in
order that the real controversies between the parties are presented, their rights determined, and the case
decided on the merits without unnecessary delay
• Amendment as a matter of right. A party may amend his pleading once as a matter of right
a. At any time before a responsive pleading is served, or
b. In the case of a reply, at any time within 10 calendar days after it is served
 • A motion to dismiss is not a responsive pleading and does not preclude the exercise of the plaintiff’s right
to amend his complaint

• Amendments by leave of court Leave of Court is required

1. If the amendment is substantial; and
2. A responsive pleading had already been served.
• When leave of court to substantially amend a pleading shall be refused If it appears to the court that the
motion was made:
a. With intent to delay;
b. With intent to confer jurisdiction on the court; or
c. The pleading stated no cause of action from the beginning.
• FORMAL AMENDMENT 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 so prejudice is caused thereby to the adverse party.
• Effect of amended pleading
o a. Supersedes the pleading that it amends, i. When a pleading is amended, the original pleading
is deemed to have been abandoned. The original ceases to perform any further function as a
pleading. [Ching and Powing Properties Inc. v. Cheng, G.R. No. 175507 (2014)]
o b. Admissions in the superseded pleadings may be offered in evidence against the pleader Note:
The amended rules changed the word “received” into “offered”, meaning that the admissions in
the superseded pleadings may not necessarily be received in evidence. They are considered
extrajudicial admissions.
o c. Claims or defenses alleged in the superseded pleading but not incorporated or reiterated in the
amended pleading are deemed waived.
• Supplemental pleadings When proper A supplemental pleading is filed to set forth transactions,
occurrences or events which have happened since the date of the pleading sought to be supplemented.
o The admission or non-admission of a supplemental pleading is not a matter of right but is
discretionary on the court.
o The adverse party may plead thereto within ten (10) calendar days from notice of the order
admitting the supplemental pleading.

WHEN TO FILE RESPONSIVE PLEADINGS

• ANSWER TO COMPLAINT The defendant shall file his answer to the complaint within fifteen (30) days
after service of summons, unless a different period is fixed by the court
o Where the defendant is a foreign private juridical entity and service of summons is made on the
government official designated by law to receive the same, the answer shall be filed within sixty
(60) calendar days after receipts of summons by such entity
• ANSWER TO AMENDED COMPLAINT
o 1. Where the plaintiff files an amended complaint as a matter of right, the defendant shall answer
the same within thirty (30) days after being served with a copy thereof.
o 2. Where filing is NOT a matter of right, the defendant shall answer the amended complaint within
fifteen (15) days from notice of the Order admitting the same. An answer earlier filed may serve
as the answer to the amended complaint, if no new answer is filed
• A counterclaim or cross-claim must be answered within twenty (20) calendar days from service.
• The time to answer a third (fourth, etc.)—party complaint shall be governed by the same rule as the
answer to the complaint.
• REPLY may be filed within fifteen (15) calendar days from service of the pleading responded to.
• A supplemental complaint may be answered within twenty (20) calendar days from notice of the order
admitting the same, unless a different period is fixed by the court. The answer to the complaint shall serve
as the answer to the supplemental complaint if no new or supplemental answer is filed.
MOTIONS FOR BILL OF PARTICULARS (Rule 12)
• A definite statement of any matter which is not averred with sufficient definiteness or particularity to
enable him properly to prepare his responsive pleading. [Sec. 1, Rule 12]
• An action cannot be dismissed on the ground that the complaint is vague or indefinite. The remedy of the
defendant is to move for a bill of particulars, or avail of the proper mode of discovery.
• ACTIONS OF THE COURT Upon the filing of the motion, the clerk of court must immediately bring it to
the attention of the court. The court may
o deny the motion outright,
o grant the motion outright, or
o allow the parties the opportunity to be heard.
• When the motion is granted (in whole or in part), compliance must be effected WITHIN 10 DAYS from
NOTICE of the order, UNLESS the court fixes a different period.
o In complying with the order, the pleader may file the bill of particulars either in a separate
pleading or in the form of an amended pleading, a copy of which must be served on the adverse
party.
• Effect of Noncompliance or Insufficient Compliance – the Court may:
1. Order striking out of the pleading;
2. Order striking out portions of pleading to which the order was directed;
3. Make such other order as it deems just;
4. Dismiss the complaint with prejudice unless otherwise ordered by the court if it is the PLAINTIFF
who fails to comply;
5. Strike off the answer and dismiss the counterclaim plus a declaration of in default upon motion
of the plaintiff if it is the DEFENDANT who fails to comply

EFFICIENT USE OF PAPER RULE; E-FILING

• Format and Style. – All pleadings, motions and similar papers intended for the court and quasi-judicial
body’s consideration and action (court-bound papers) shall written in single space with one-and-a –half
space between paragraphs, using an easily readable font style of the party’s choice, of 14- size font, and
on a 13 –inch by 8.5- inch white bond paper;
• Margins and Prints .— The parties shall maintain the following margins on all court-bound papers: a left
hand margin of 1.5 inches from the edge; an upper margin of 1.2 inches from the edge; a right hand margin
of 1.0 inch from the edge; and a lower margin of 1.0 inch from the edge. Every page must be consecutively
numbered.
• Copies to be Filed
1. Supreme Court
a. One original (properly marked) and four copies
b. If En Banc, parties shall file ten additional copies
c. In both cases, just two sets of annexes, one attached to the original and an extra copy
d. Parties to cases before the Supreme Court are further required, on voluntary basis for the
first six months following the effectivity of this Rule and compulsorily afterwards unless
the period is extended, to submit, simultaneously with their court-bound papers, soft
copies of the same and their annexes (the latter in PDF format) either by email to the
Court’s e-mail address or by compact disc (CD). This requirement is in preparation for the
eventual establishment of an e-filing paperless system in the judiciary
2. Court of Appeals and Sandiganbayan – one original (properly marked) and two copies with their
annexes
3. Court of Tax Appeals
a. One original (properly marked) and two copies with annexes
b. On appeal to the En Banc, one original (properly marked) and eight copies with annexes
4. Other courts – one original (properly marked) with the stated annexes attached
FILING AND SERVICE OF PLEADINGS, JUDGMENTS, FINAL ORDERS, AND RESOLUTIONS

Payment of Docket Fees; Effect of Non-payment

• Payment of the prescribed docket fee that vests a trial court with jurisdiction over the subject matter or
nature of the action
• Plainly, while the payment of the prescribed docket fee is a jurisdictional requirement, even its non-
payment at the time of filing does not automatically cause the dismissal of the case, as long as the fee is
paid within the applicable prescriptive or reglementary period, more so when the party involved
demonstrates a willingness to abide by the rules prescribing such payment.
FILING AND SERVICE OF PLEADINGS
• Filing is the act of submitting the pleading or other paper to the court.
• Manner of filing How filed – the filing of pleadings and other court submissions shall be made by:
o Submitting personally the original to the court;
o Sending them by registered mail;
o Sending them by accredited courier; or
o Transmitting them by electronic mail or other electronic means as may be authorized by the
Court, in places where the court is electronically equipped.
• Service is the act of providing a party with a copy of the pleading or paper concerned.
o To whom service made, General Rule: Serve the copy of the pleading or the court submission to
the party himself.
o If a party has appeared by counsel, service upon such party shall be made upon his or her counsel
or one of the counsels.
o When several parties/several counsel Where one counsel appears for several parties, such counsel
shall only be entitled to one copy of any paper served upon him by the opposite side
o Where several counsels appear for one party, such party shall be entitled to only one copy of any
pleading or paper to be served upon the lead counsel if one is designated or upon any one of them
is there no designation of a lead counsel
• How personal service is made: Service by personal service shall be made by:
o By personal delivery of a copy to the party, counsel, or to their authorized representative named
in the appropriate pleading or motion, or
o By leaving it in his or her office with his or her clerk, or with a person having charge thereof
▪ If (a) no person is found in his or her office, or (b) his or her office is not known, or (c) he
or she has no office, then by leaving the copy at the party or counsel's residence, if known,
with a person of sufficient age and discretion residing therein.
▪ Such must be served at the residence at a time between 8 am to 6 pm.
• How service by registered mail is made
o Depositing the copy in the post office in a sealed envelope,
o The copy must be plainly addressed to the party or counsel at his office, if known. Otherwise,
address to his residence, if known,
o Postage must be fully prepaid, and
o Copy must come with instructions to the postmaster to return the mail to the sender after 10
calendar days if the copy remains undelivered.
o Ordinary mail – may be done only if no registry service is available in the locality of either the
sender or addressee, service can be made through ordinary mail.
• When service by electronic means or facsimile is allowed Service by electronic means and facsimile
shall be made if the party concerned consents to such modes of service.
• How service by electronic means or facsimile is made
o By sending an e-mail to the party’s or counsel’s e-mail address, or
o Through other electronic means of transmission
• Service as provided for in international conventions An example of an international convention
which the Philippines is a party to which likewise relates to service of court documents would be the
 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial
Matters.
• Service of judgments, final orders, or resolutions Judgments, final orders, or resolutions shall be served
either:
o Personally,
o By registered mail,
o By accredited courier, upon ex parte motion of any party
o By publication, when a party summoned by publication has failed to appear in the action.
Expenses of publication must be borne by the prevailing party.
• Conventional service or filing of orders, pleadings, and other documents General Rule: The
following should not be served or filed electronically, and shall be filed or served personally or by
registered mail:
o Initiatory pleadings and initial responsive pleadings (answer);
o Subpoena, protection orders, and writs;
o Appendices and exhibits to motions, or other documents that are not readily amenable to
electronic scanning; and
o Sealed and confidential documents or records.
• When Service is Deemed Complete
Mode of Service Completeness of Service
Personal Service Upon actual delivery
Service by ordinary mail Upon the expiration of the 10 calendar days after mailing, unless the
court otherwise provides.
Service by registered mail Upon the actual receipt by the addressee, or after 5 calendar days from
the date he or she received the first notice of the postmaster, whichever
is earlier.
Service by accredited courier Upon actual receipt by the addressee or after at least 2 attempts to
deliver or upon the expiration of 5 calendar days after the first attempt
to deliver, whichever is earlier.
Electronic Service At the time of the electronic transmission of the document or at the time
that the electronic notification of service of the document is sent.
Note: It is not effective or complete if the party serving learns that it did
not reach the person to be served.
Service by facsimile transmission Upon receipt by the other party as indicated in the facsimile printout.
Substituted service At the time of delivery of the copy to the clerk of court.
Proof of Filing and Service
• General Rule: The filing of a pleading or any other court submission shall be proved by its existence in
the record of the case.
• Exception: If the pleading or any other court document is not in the record, but is claimed to have been
filed by the following modes, proof shall be proven:
Mode Proof of Filing
Personal Filing By the written or stamped acknowledgment of its filing by the clerk of court on a
copy of the pleading or court submission
Filing by registered mail By the registry receipt and the affidavit of the person who mailed it containing a
full statement of the date and place of deposit of the mail in the post office in a
sealed envelope addressed to the court, with postage fully prepaid, and with the
instructions to the postmaster to return the mail to the sender after 10 calendar
days if not delivered.
Filing by accredited By an affidavit of service of the person who brought the pleading or other
courier document to the service provider, and the courier’s official receipt and document
tracking number.
Electronic Filing By an affidavit of electronic filing of the filing party, and a paper copy of the
pleading or other document transmitted, or
A written or stamped acknowledgment of its filing by the clerk of court
 Filing by other authorized By an affidavit of electronic filing of the filing party, and a copy of the electronic
electronic means acknowledgment of its filing by the court

Mode Proof of Service

Personal Service
Service by ordinary mail
Note: This mode of service may only be
availed of if no registry service is available in
the locality as per Sec. 7, Rule 13.
Service by Registered mail
Service by accredited courier
Service by electronic mail, facsimile, or other
authorized electronic means of transmission
A written admission of the party served, or The official
return of the server, or
The affidavit of the party serving, containing a statement of
the date, place, and manner of service
An affidavit of the person mailing stating the facts showing
compliance with Sec. 7, Rule 13.
An affidavit of the person mailing stating the facts showing
compliance with Sec. 7, Rule 13 and the registry receipt
issued by the mailing office.
An affidavit of service executed by the person who brought
the pleading or paper to the service provider, and the
courier’s official receipt or document tracking number.
An affidavit of service executed by the person who sent the e-
mail, facsimile, or other electronic transmission, and printed
proof of transmittal

SUMMONS
• The writ by which the defendant is notified of the action brought against him
• Nature and Purpose of Summons in Relation to Actions In Personam, In Rem, and Quasi In Rem
In Personam In Rem and Quasi In Rem
Nature
Confers jurisdiction over the person of the Complying the requirements of fair play or due process. In
defendant in a civil case and to afford the said actions, Philippine courts have jurisdiction to hear and
defendant the opportunity to be heard on the decide the case because they have jurisdiction over the res,
claim brought against him. and jurisdiction over the person of the non-resident
defendant is not essential.

• Summons shall be issued:

o Within 5 calendar days from receipt of the initiatory pleading, and
o Upon proof of payment of the requisite legal fees
▪ Note: The new rules now require proof of such payment to be submitted with the initiatory
pleading.
• Summons shall not be issued, and the case shall be dismissed if the complaint on its face is dismissible
under Sec. 1, Rule 9. Such provides for the non-waivable grounds for dismissal of a complaint, to wit:
1. The court has no jurisdiction over the subject matter
2. Litis pendentia
3. Res judicata
4. Prescription
• Summons shall contain
o The name of the court, and the names of the parties to the action;
o When authorized by the court upon ex parte motion, an authorization for the plaintiff to serve
summons to the defendant;
o A direction that the defendant answer within the time fixed by the ROC; and
o A notice that unless the defendant so answers, plaintiff will take judgment by default and may be
granted the relief applied for.
• When counsel may be deputized by the court to serve summons on his client
o Where summons is improperly served, and
 o A lawyer makes a special appearance on behalf of the defendant to question the validity of service
of summons.
• Return of service of summons – a document filed with the court which proves that the summons and the
complaint were served on each defendant.
o Should be filed within 5 days from the service of summons.
• Contents of the return when substituted service was availed of
o The impossibility of prompt personal service within 30 calendar days from issue and receipt of
summons;
o The date and time of the 3 attempts on at least 2 different dates to cause personal service and the
details of the inquiries made to locate the defendant; and
o Information on the person to whom the summons was served:
▪ The name of the person at least 18 years of age and of sufficient discretion residing thereat,
▪ The name of the competent person in charge of the defendant’s office or regular place of
business, or
▪ The 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.
• Voluntary Appearance – the defendant’s voluntary appearance in the action shall be equivalent to service
of summons.
o The inclusion in a motion to dismiss of other grounds aside from the lack of jurisdiction over the
person of the defendant shall be deemed a voluntary appearance.
• When summons shall be served The server shall complete its service within 30 calendar days from
issuance of summons by the clerk of court and receipt of such.
• Who may serve summons
1. The sheriff,
2. His or her deputy,
3. Other proper court officer, or
4. The plaintiff together with the sheriff in case of failure of service of summons by the foregoing.
• In cases where summons is to be served outside the judicial region of the court where the case is pending,
the court shall authorize the plaintiff to serve summons together with the sheriff upon ex parte motion.
• If the plaintiff is a juridical entity
o The person duly authorized by the juridical entity shall serve the summons in behalf of the
plaintiff
o It shall notify the court, in writing, name its authorized representative, and
o A board resolution or secretary’s certificate must be attached stating that such representative is
duly authorized to serve the summons on behalf of the plaintiff.
• If the plaintiff misrepresents that the defendant was served summons, and it is later proved that no
summons was served:
o The case shall be dismissed with prejudice,
o The proceedings shall be nullified, and
o The plaintiff shall be meted appropriate sanctions.
• Personal Service of Summons, How done
o By handing a copy to the defendant in person and informing the defendant that he or she is being
served, or
o 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.
• Substituted Service,
o How done [Sec. 6, Rule 14]
▪ By leaving copies of the summons at the defendant's residence to a person at least eighteen
(18) years of age and of sufficient discretion residing therein;
▪ By leaving copies of the summons at the defendant's office or regular place of business
with some competent person in charge thereof.
 • A competent person includes, but is not limited to, one who customarily receives
correspondences for the defendant;
▪ By leaving copies of the summons, if refused entry upon making his or her authority and
purpose known, with any of the officers of the homeowners' association or condominium
corporation, or its chief security officer in charge of the community or the building where
the defendant may be found;
▪ By sending an electronic mail to the defendant's electronic mail address, if allowed by the
court.
o Substituted service may be availed of when for justifiable reasons, the defendant cannot be served
personally after at least 3 attempts on 2 different dates.
o If diligent efforts were undertaken by the Sheriff to serve summons upon the defendant but he
was PREVENTED from effecting such service by the DEFENDANT HIMSELF, summons shall be
deemed PROPERLY served and that the court has acquired jurisdiction over the person of the
defendant. (Robinson v. Miralles, G.R. No. 163584, 2006
o Statutory requirements of substituted requirements must be followed strictly, faithfully and fully.
• Constructive notice by publication used to be available only in actions IN REM or QUASI IN REM
o Constructive service is available in action IN PERSONAM (thus, in ANY ACTION) where the
defendant is designated as an unknown owner or whenever his whereabouts are unknown and
cannot be ascertained by diligent inquiry or temporarily out of the Philippines.
o Service upon a defendant where his identity is unknown or where his whereabouts are unknown
Service is made by publication
▪ With leave of court,
• The order shall specify a reasonable time not less than 60 calendar days within
which the defendant must answer.
▪ Effected within 90 calendar days from commencement of the action,
▪ In a newspaper of general circulation and in such places and for such time as the court
may order.
▪ Note: The defendant’s whereabouts must be ascertained with diligent inquiry.
o Service upon residents temporarily outside the Philippines Service may, by leave of court, be also
effected out of the Philippines as by the means provided under extraterritorial service.
• Extraterritorial Service When allowed
o When the defendant does not reside and is not found in the Philippines, and
o The action
▪ Affects the personal status of the plaintiff or
▪ Relates to, or the subject of which is, property within the Philippines, in which the
defendant has or claims a lien or interest, actual or contingent, or
▪ In which the relief demanded consists, wholly or in part, in excluding the defendant from
any interest therein, or
▪ The property of the defendant has been attached within the Philippines.
o Modes of Extra-Territorial Service As per the same rule, the following are the allowed:
▪ Personal service under Section 6 of Rule 14.
▪ Publication in a newspaper of general circulation in such places and for such time as the
court may order AND service by registered mail to the last known address of the
defendant. Publication and service must BOTH concur
▪ In any other manner the court may deem sufficient
• Service upon prisoners and minors ; upon spouses
o Upon prisoners: Where the defendant is a prisoner confined in a jail or institution, service shall
be effected upon him by the officer having the management of such jail or institution.
▪ Such officer is deemed a special sheriff
▪ He or she shall file a return within 5 calendar days from service of summons
o Upon minors or incompetent persons: Where the defendant is a minor, insane, or incompetent
person, service of summons shall be made:
▪ Upon him or her personally, and
 ▪ On his or her legal guardian
• If none, on his or her guardian ad litem whose appointment shall be applied for by
the plaintiff
• In the case of a minor, on his or her parent or guardian.
o Upon spouses When spouses are sued jointly, service of summons should be made to each spouse
individually.
• Service upon domestic or foreign private juridical entities
o Upon domestic private juridical entity
▪ Service is effected upon:
a. The president,
b. Managing partner,
c. General manager,
d. Corporate secretary,
e. Treasurer, or
f. In- house counsel.
▪ Service may be effected wherever they may be found, or in their absence or unavailability,
on their secretaries. If service cannot be made on the enumerated officers or their
secretaries, it shall be made upon the person who customarily received the correspondence
for the defendant at its principal office.
▪ In case of refusal by any of the persons mentioned to receive summons for domestic
juridical entities despite at least 3 attempts on 2 different dates, service may be made
electronically, if allowed by the court.
o Upon foreign private juridical entities
▪ Juridical entity registered/ has a resident agent and is doing business in the Philippines
Service may be made on:
• Its resident agent designated in accordance with law,
• If there is no such agent, on the government official designate by law to that effect,
or
• On any of its officers, agents, directors, or trustees within the Philippines
▪ Juridical entity not registered/ has no resident agent but has transacted or is doing
business in the Philippines Service may, with leave of court, be effected outside the
Philippines through:
• Personal service coursed through the appropriate court in the foreign country with
the assistance of the DFA;
• Publication once in a newspaper of general circulation in the country where the
defendant may be found and by serving a copy of the summons and the court order
by registered mail at the last known address of the defendant;
• Facsimile;
• Electronic means with the prescribed proof of service; or
• Other means as the court, in its discretion, may direct.
• Proof of service shall
o Be made in writing by the server and
o Set forth the manner, place, and date of service; any papers which have been served with the
process, and the name of the person who received the papers served
o Be sworn to when made by a person, other than the sheriff or his or her deputy
• Summons made by electronic mail: Proof of service shall be:
o A print out of said e-mail,
o Copy of the summons as served, and
o The affidavit of the person mailing.
• Summons made by publication: Proof of service shall be:
o The affidavit of the publisher, business or advertising manager,
o Copy of the publication, and
 o An affidavit showing the deposit of a copy of the summons and order for publication in the post
office, postage prepaid, directed to the defendant by registered mail to his or her last known
address
MOTION
• A motion is any application for relief other than by a pleading
• Contents:
o Relief sought to be obtained,
o Grounds upon which it is based, and
o With supporting affidavits and other papers if
▪ Required by the ROC, or
▪ Necessary to prove facts alleged therein.
• Form, General Rule: In writing the rules applicable to pleadings shall apply to written motions so far as
concerns caption, designation, signature, and other matters of form.
o Exceptions: Oral motions made in:
▪ Open court or
▪ The course of a hearing or trial
o When a motion is based on facts not appearing on record, the court may hear the matter on
affidavits or depositions presented by the respective parties, but the court may direct that the
matter be wholly or partly on oral testimony or depositions.
Litigious motions Non-litigious motions Prohibited motions
One which requires the parties Motions which the court may act Motions that shall not be allowed
to be heard before a ruling on upon without prejudicing the
the motion is made by the court. rights of adverse parties.

a. Motion for bill of particulars; a. Motion for issuance of an alias a. Motion to dismiss, Exception:
b. Motion to dismiss; summons; ▪ Lack of jurisdiction over the
c. Motion for new trial; b. Motion for extension to file an subject matter,
d. Motion for reconsideration; answer; ▪ Litis pendentia, or
e. Motion for execution c. Motion for postponement; ▪ That the action is barred by res
pending appeal; d. Motion for the issuance of a judicata or
f. Motion to amend after a writ of execution; ▪ The statute of limitations
responsive pleading has been e. Motion for the issuance of an b. Motion to hear affirmative defenses;
filed; alias writ of execution c. Motion for reconsideration of the
g. Motion to cancel statutory f. Motion for the issuance of a court’s action on affirmative defenses;
lien; writ of possession; d. Motion to suspend proceedings
h. Motion for an order to break g. Motion for the issuance of an without a TRO or injunction issued by
in or for a writ of demolition; order directing the sheriff to a higher court;
i. Motion for intervention; execute the final certificate of e. Motion for extension of time to file
j. Motion for judgment on the sale; and pleadings, affidavits, or any other
pleadings; h. Other similar motions papers,
k. Motion for summary ▪ Exception: a motion for extension
judgment; to file an answer as provided by
l. Demurrer to evidence; Sec. 11, Rule 11
m. Motion to declare defendant f. Motion for postponement intended
in default; and for delay, except if it is based on:
n. Other similar motions. Exceptions:
▪ Acts of god,
▪ Force majeure, or
▪ Physical inability of the witness to
appear and testify
DISMISSAL OF ACTIONS
• With prejudice – One that is made by the court after an adjudication of the merits.
a. Bars refiling of the case but Subject to the right of appeal
b. Examples of dismissals with prejudice:
▪ Notice of dismissal filed by a party which provides that it is one with prejudice
▪ Notice of dismissal filed by a plaintiff which does not state that the dismissal is with
prejudice but states a reason that prevents the refiling of the complaint;
▪ Notice of dismissal filed by a plaintiff who has once dismissed in a competent court an
action based on or including the same claim (two-dismissal rule)
▪ A dismissal due to the fault of the plaintiff if for no justifying reason the plaintiff either:
fails to appear on a date of the presentation of his evidence in chief; or prosecute his action
upon unreasonable amount of time.
• Without prejudice – dismissal upon motion by plaintiff unless otherwise stated in the notice, except that
a notice operates as an adjudication on the merits when the two-dismissal rule applies
a. A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before
service of
▪ The answer, or
▪ A motion for summary judgment.
b. Upon such notice being filed, the court shall issue an order confirming the dismissal.
• Two-dismissal Rule bars the refiling of the action as it operates as an adjudication upon the merits.
Applies when the plaintiff has:
• A twice dismissed action,
• Based on or including the same claim,
• In a court of competent jurisdiction
• Motion to dismiss should be filed when dismissing a complaint after service of an answer or after filing a
motion for summary judgment has been filed as the dismissal is no longer a matter of right. The complaint
may only be dismissed upon the approval of the court and upon such terms and conditions as the court
deems proper.
• Dismissal Due to the Fault of Plaintiff:
a. The complaint may be dismissed upon motion of the defendant or upon the court’s own motion
if, for no justifiable cause, the plaintiff:
▪ Fails to appear on the date of the presentation of his evidence in chief on the complaint.
▪ Fails to prosecute his action for an unreasonable length of time;
▪ Fails to comply with the ROC or any court order
b. General Rule: This dismissal shall have the effect of an adjudication upon the merits and is thus
a dismissal with prejudice. Exception: Otherwise declared by the court
c. Effect on counterclaim: Dismissal is without prejudice to the right of the defendant to prosecute
his counterclaim in the same or in a separate action. The dismissal shall be limited to the
complaint and the counterclaim will continue.

PRE-TRIAL
• Pre-trial is a procedural device by which the court is called upon, after the filing of the last pleading, to
compel the parties and their lawyers to appear before it, and negotiate an amicable settlement or
otherwise make a formal settlement and embody in a single document the issues of fact and law involved
in the action, and such other matters as may aid in the prompt disposition in the action.
• Pre-trial is mandatory and should be terminated promptly.
• Purpose of pre-trial is to consider
a. Possibility of an amicable settlement or of a submission to alternative modes of dispute resolution
1. Simplification of the issues
2. Possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof
3. Limitation of the number and identification of witnesses and the setting of trial dates
 4. Advisability of a preliminary reference of issues to a commissioner
5. Propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing
the action should a valid ground therefore be found to exist
6. The requirement for the parties to:
a. Mark their evidence if not yet marked in the judicial affidavits of their witnesses,
Note: The Judicial Affidavit Rule requires that documentary or object evidence
must be marked and attached to the judicial affidavits, with such evidence being
marked as Exhibit A, B, C for the plaintiff, and Exhibit 1, 2, 3 for the defendant.
[Sec. 2(a)(2), AM No. 12-8-8-SC]
b. Examine and make comparisons of the adverse parties’ evidence vis-a-vis the
copies to be marked,
c. Manifest for the record, stipulations regarding the faithfulness of the
reproductions and the genuineness and due execution of the adverse parties’
evidence,
d. Reserve evidence not available at the pre-trial, but only in the following manner,
or else it shall not be allowed
i. Testimonial evidence: by giving the name or position and the nature of
the proposed witness
ii. Documentary/Object evidence: by giving a particular description of the
evidence
7. Such other matters as may aid in the prompt disposition of the action
• Notice of Pre-Trial: After the last responsive pleading has been served and filed, the branch clerk of court
shall issue a notice of pre-trial within 5 calendar days from filing.
• When pre-trial conducted: The notice of pre-trial shall set pre-trial to be conducted not later than 60
calendar days from the filing of the last responsive pleading.
• The notice of pre-trial shall include the dates set for:
o Pre-trial;
o Court-Annexed Mediation (CAM); and
o Judicial Dispute Resolution (JDR), if necessary
• Failure to appear: non-appearance at any of the three foregoing setting shall be deemed non-appearance
at the pre-trial, and shall merit the same sanctions as failure to appear at pre-trial.
Plaintiff and counsel Defendant and counsel
Dismissal of the action with prejudice The plaintiff shall be allowed to present evidence ex parte
unless otherwise ordered by the court. within 10 calendar days from termination of pre-trial, and
judgment shall be rendered based on the evidence offered.

• Contents of pre-trial brief:

o A concise statement of the case and the reliefs prayed for;
o A summary of admitted facts and proposed stipulation of facts;
o The main factual and legal issues to be tried or resolved;
o The propriety of referral of factual issues to commissioners;
o The documents or other object evidence to be marked, stating the purpose thereof;
o The names of the witnesses, and the summary of their respective testimonies; and
o A brief statement of points of law and citation of authorities.
• The direct testimony of witnesses for the plaintiff shall be in the form of judicial affidavits. However, even
witnesses for the defendant are required to submit judicial affidavits, which likewise take the place of
their direct testimony.
o The parties shall file with the court and serve on the adverse party to ensure receipt at least 3
calendar days before the date of pre-trial their pre-trial briefs.
o Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.
• Pre-trial order controls the subsequent proceedings unless modified before the trial to prevent manifest
injustice.
 o Issues not raised in the pre-trial order, as a general rule, may NOT be considered. However, issues
not included in the pre-trial order may be considered only if they are impliedly included in the
issues raised or inferable from the issues raised by necessary implication.
• Postponement of presentation of witnesses: General Rule: Postponement of presentation of the parties’
witnesses at a scheduled date is prohibited.
o Exception: A motion for postponement for presentation of witnesses is allowed if the
postponement is based on: Acts of God, Force majeure, or Duly substantiated inability of the
witness to appear and testify.
o Effect of failure to appear without valid cause: The presentation of the scheduled witness will
proceed with the absent party.
Pre-Trial in Civil Cases vs. Pre-Trial in Criminal Cases
Civil Case Criminal Case
As to possibility of The court shall consider this matter Not in the enumeration to be considered
an amicable
settlement
As to the Agreement and admissions are not Minutes of preliminary conference must be
requirement of the required to be signed but only signed either by the party or by the counsel
signature by party or required to be contained in the record
counsel of pre-trial and pre—trial order
As to the presence of Must personally appear during pre- Private offended party is not required to
the complainant trial unless excused for a valid cause appear at the pre-trial
or duly represented by an authorized
person
As to the presence of Must personally appear during pre- Accused is not mandated to appear during
the defendant or trial unless excused for a valid cause pre-trial
accused or duly represented by an authorized
person
As to requirement of A pre-trial brief is specifically required A pre-trial brief is not required under Rule
Pre-Trial Brief to be submitted 118.

INTERVENTION
• Intervention is a remedy by which a third party not originally impleded in the proceedings becomes a
litigant therein to enable him or to her to protect or preserve a right or interest which may be affected by
such proceedings.
• Not a matter of right
• Requisites for Intervention
a. A motion for leave to intervene filed at any time before rendition of judgment by the trial court
b. A legal interest:
i. In the matter in litigation;
ii. In the success of either of the parties;
iii. An interest against both; or
iv. So situated as to be adversely affected by a distribution or other disposition of property in
the custody of the court or of an officer thereof
c. Intervention will not unduly delay or prejudice the adjudication of rights of the original parties
d. Intervenor’s rights may not be fully protected in a separate proceeding.
• Time to Intervene: The motion to intervene may be filed at any time before rendition of judgment by the
trial court
• Remedies: If denied – appeal

CALENDAR OF CASES
• The clerk of court, under the direct supervision of the judge, shall keep a calendar of cases for:
o 1. Pre-trial;
o 2. Trial;
 o 3. Those whose trials were adjourned or postponed; and
o 4. Those with motions to set for hearing
• Preference shall be given to:
o 1. Habeas corpus cases;
o 2. Election cases;
o 3. Special civil actions; and
o 4. Others required by law
• Assignment of cases to different branches of a court is done exclusively by raffle in open session with
adequate notice given so as to afford interested parties the opportunity to be present

SUBPOENA
• Subpoena Duces Tecum – A process directed to a person requiring him to bring with him books,
documents, or other things under his control
o May be quashed on the following grounds
i. Subpoena is unreasonable and oppressive, or
ii. Relevancy of the books, documents or things does not appear, or
iii. Person in whose behalf the subpoena is issued fails to advance the reasonable cost of the
production thereof
iv. Witness fees and kilometrage allowed by these Rules were not tendered when the
subpoena was served.
• Subpoena Ad Testificandum – A process directed to a person requiring him to attend and to testify at the
hearing or the trial of an action, or at any investigation conducted by competent authority or for the taking
of his deposition
o The court may quash a subpoena ad testificandum on the ground that the witness is not bound
thereby. In either case, the subpoena may be quashed on the ground that the witness fees and
kilometrage allowed by these Rules were not tendered when the subpoena was served.
• Service of a subpoena shall be made in the same manner as personal or substituted service of summons.
The original shall be exhibited and a copy thereof delivered to the person on whom it is served. The service
must be made so as to allow the witness a reasonable time for preparation and travel to the place of
attendance.
• Effect of failure by any person without adequate cause to obey a subpoena served upon him or her:
o Contempt of court who issued the subpoena, or
o Punishment in accordance with the applicable law or rule if the subpoena was not issued by a
court.
• The court which issued the subpoena may issue a warrant to the sheriff or his or her deputy to arrest the
witness and to bring him or her before the court or officer where his or her attendance is required, upon
o Proof of service, and
o Failure of witness to attend.
• The cost of such warrant and seizure of such witness shall be paid by the witness if the court issuing it
shall determine that his or her failure to answer the subpoena was willful and without just excuse.
• Provisions regarding the compelling of attendance and contempt shall not apply to a:
o Witness who resides more than 100 km from his or her residence to the place where he or she is
to testify by the ordinary course of travel; or
o Detention prisoner if no permission of the court in which his or her case is pending was obtained.
• Viatory Right – The right not to be compelled to attend upon a subpoena by reason of the distance from
the residence of the witness to the place where he is to testify is sometimes called the viatory right of a
witness

COMPUTATION OF TIME
• The day of the act/event from which the designated period begins to run is the excluded and the date of
performance included.
 o If the last day of the period falls on a Saturday, Sunday, or legal holiday in the place where the
court sits, the time shall not run until the next working day.
• Effect of interruption: The day of the act that caused the interruption, shall be excluded in the
computation of the period.

MODES OF DISCOVERY
• Modes of Discovery
o Depositions pending actions [Rule 23]
o Depositions before action or pending appeal [Rule 24]
o Interrogatories to parties [Rule 25]
o Admission by adverse party [Rule 26]
o Production or inspection of documents or things [Rule 27]
o Physical and mental examination of persons [Rule 28]
• Deposition is a written testimony of a witness given in the course of judicial proceeding in advance of
the trial or hearing, upon oral examination or in response to a written interrogatories. And where an
opportunity is given for cross-examination.
o Kinds of depositions
▪ Depositions pending action [Rule 23]
▪ Depositions before action or pending appeal
o Depositions pending action: The testimony of any person may be taken upon ex parte motion of
a party.
o Methods: By oral examination, or by written interrogatory.
o The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 21
o Deposition of a person deprived of liberty: The deposition may be taken only by leave of court on
such terms as the court prescribes.
o Uses of deposition:
▪ Contradicting or impeaching the testimony of deponent as a witness;
▪ For any purpose for which the deponent is the adverse party;
▪ Any purpose if the court finds that:
• Witness is dead, or
• Witness resides more than 100 km 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, or
• Witness is unable to attend or testify because of age, sickness, infirmity, or
imprisonment, or
• Party offering the deposition has been unable to procure the attendance of the
witness by subpoena.
o Scope of examination: 1. Not privileged, and 2. Relevant to the subject of the pending action
o Effect of using deposition, General Rule: The introduction in evidence of the deposition or any
part thereof for any purpose makes the deponent the witness of the party introducing the
deposition.
▪ Exceptions: 1. The deposition is used to contradict or impeach the deponent.
▪ 2. The deposition of a party or of any one 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 may be used by an adverse party for any purpose.
o When May Objections to Admissibility Be Made: 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
o When the court/RTC of the place where the deposition is being taken may order the termination
or the scope of the deposition limited
▪ At any time during the taking of the deposition,
▪ on motion or petition of any party or of the deponent,
 ▪ upon a showing that the examination is being conducted in bad faith or in such manner,
as unreasonably to annoy, embarrass, or oppress the deponent or party.
• Interrogatories, Purpose: To elicit material and relevant facts from any adverse parties.
o The party served with the interrogatory shall file an answer. If the party served is a public or
private corporation or a partnership or association, by any officer thereof competent to testify in
its behalf.
o The interrogatories shall be answered fully in writing and shall be signed and sworn to by the
person making them
o Service and filing: The party upon whom the interrogatories have been served shall file and serve
a copy of the answers on the party submitting the interrogatories within 15 calendar days after
service thereof, unless the court, on motion and for good cause shown, extends or shortens the
time.
o If a party or an officer or managing agent of a party fails to serve answers to interrogatories
submitted under Rule 25 after proper service of such interrogatories, the court on motion and
notice, may:
▪ Strike out all or any part of any pleading of the party,
▪ Dismiss the action or proceeding or any part thereof, or
▪ Enter a judgment by default against the party, and
▪ In its discretion, order him to pay reasonable expenses incurred by the other, including
attorney’s fees.
o Effect of Failure to Serve Written Interrogatories, General Rule: A party not served with
written interrogatories may not be compelled by adverse party to:
▪ Give testimony in open court; or
▪ Give a deposition pending appeal unless allowed by the court for good cause shown and to
prevent a failure of justice.
o A request for admission is that which is filed and served by a party to any person for the following
purpose:
▪ To prove the genuineness of any material and relevant document described in and
exhibited with the request, or
▪ To elicit truth of any material and relevant matter of fact set forth in the request.
o Such party must file and serve such statement within a period not less than 15 calendar days after
service thereof,
• Implied Admission by Adverse Party: Each of the matters which an admission is requested shall be
deemed admitted unless the party to whom request is directed files and serves upon the party requesting
admission a sworn statement, either:
▪ Denying specifically the matters of which an admission is requested, or
▪ Setting forth in detail the reasons why he cannot truthfully either admit or deny those
matters
o Effect of Admission: Any admission made by a party pursuant to such request is for the
purpose of the pending action only and shall not constitute an admission by him for any other
purpose nor may the same be used against him in any other proceeding
o Effect of Failure to File and Serve Request for Admission, General Rule: A party who
fails to file and serve a request for admission on the adverse party of material and relevant facts
at issue which are, or ought to be, within the personal knowledge of the latter, shall not be
permitted to present evidence on such facts.
▪ Exception: Allowed by the court for good cause shown and to prevent a failure of justice.
• Production or Inspection of Documents or Things, Purpose This mode of discovery is not only
for the benefit of a party, but also for the court and for it to discover all the relevant and material facts in
connection with the case.
o The court in which an action is pending may order any party to:
▪ Produce and permit the inspection and copying or photographing, by or on behalf of the
moving party, of any designated documents, papers, books, accounts, letters,
photographs, objects or tangible things not privileged, which constitute or contain
 evidence material to any matter involved in the action and which are in his possession
custody or control; or
▪ Permit entry upon designated land or other property in his possession or control for the
purpose of inspecting, measuring, surveying, or photographing the property or any
designated relevant object or operation thereon
o Consequences of refusal of a witness to produce documents or for inspection of copying of
photographing
▪ Designated facts shall be taken to be established for the purposes of the action;
▪ Refuse to allow the disobedient party to support or oppose claims or defenses;
▪ Strike out all any party part of the pleading of the disobedient party;
▪ Dismiss the action or the proceeding;
▪ Render a judgment by default against a disobedient party;
▪ Stay further proceedings until the order is obeyed; and
▪ Order the arrest of the refusing party.
• Physical and Mental Examination of Persons, Purpose – to have a party whose physical or mental
condition is in controversy undergo a physical or mental examination by the physician.
o If the party examined refuses to deliver such report, the court on motion and notice may make an
order requiring delivery on such terms as are just,
o If a physician fails or refuses to make such a report, the court may exclude his or her testimony if
offered at the trial.
• Consequences of Refusal to Comply with Modes of Discovery
o Upon refusal to answer, the proponent may apply to the court for an order to compel an answer.
o If the application is granted, the court shall
▪ require the refusing party or deponent to answer the question or interrogatory, and
▪ if it also finds that the refusal to answer was without substantial justification, it may
require the refusing party or deponent or the counsel advising the refusal, or both of them,
to pay the proponent the amount of the reasonable expenses incurred in obtaining the
order, including attorney’s fees.
o If the application is denied and the court finds that it was filed without substantial justification,
the court may require the proponent or the counsel advising the filing of the application, or both
of them, to pay to the refusing party or deponent the amount of the reasonable expenses incurred
in opposing the application, including attorney’s fees.
o The refusal may be considered a contempt of that court.
TRIAL
• Trial is the stage in the elementary procedure followed by the trial courts in the conduct of civil cases in
which the parties shall adduce their respective evidence in support of their claims or defenses. (Velarde
v Social Justice)
• The parties have agreed to submit the case for judgment based on the facts agreed upon, a trial need not
be conducted because evidence would no longer be presented. But if the parties agree only as to some
facts in issue, the trial shall be held as to the disputed facts.
• Adjournments and Postponements: A court may adjourn a trial from day to day, and to any stated
time, as the expeditious and convenient transaction of business may require
o However, the court has no power to adjourn a trial for a period longer than 1 month for each
adjournment; nor more than 3 months in all, except when authorized in writing by the Court
Administrator, Supreme Court.
• A motion for postponement should not be filed in the last hour especially when there is no reason why it
could not have been presented earlier.
o Postponements lie in the court’s discretion.
o Requisites of Motion to Postpone Trial
▪ For Illness of Party or Counsel – the Motion to postpone trial based on illness of a party
or counsel may be granted if accompanied by affidavit or sworn certification showing:
• The presence of such party or counsel at the trial is indispensable; and
 • That the character of his or her illness is such as to render his non-attendance
excusable
▪ Agreed Statement of Facts – The parties may agree, in writing, upon the facts involved in
the litigation, and submit the case for judgment on the facts agreed upon, without the
introduction of evidence.
• Order of trial General Rule: Trial shall be limited to the issues stated in the pre-trial order and proceed
as follows:
o Plaintiff shall adduce evidence is support of his complaint;
o Defendant shall then adduce evidence in support of his defense, counterclaim, cross-claim or
third-party complaint;
o Third (3rd) party defendant shall adduce evidence in support of his defense, counterclaim, cross-
claim, fourth-party complaint;
o Fourth (4th) party and so on shall adduce evidence of the material facts pleaded by him;
o The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce
evidence in support of their defense, in the order prescribed by the court;
o Parties may then adduce rebutting evidence only, unless the court permits them to adduce
evidence upon their original case;
o Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court
directs the parties to argue or to submit their respective memoranda or any further pleadings. If
several defendants or third-party defendants, and so forth, having separate defenses appear by
different counsel, the court shall determine the relative order of presentation of their evidence
▪ If several defendants or third-party defendants, and so forth, having separate defenses
appear by different counsel, the court shall determine the relative order of presentation of
their evidence
• Reversal of Order: If the defendant relies upon an affirmative defense in his answer, then the order of
the trial may be properly reversed.
• Delegation of Reception of Evidence, General Rule: The judge of the court where the case is pending
shall personally receive the evidence to be adduced by the parties
o Exception: The court may delegate the reception of evidence to its CLERK OF COURT (who is a
member of the bar) in:
▪ Default hearings
▪ Ex parte hearings, or
▪ Cases where parties agree in writing
o The CLERK OF COURT shall have NO power to rule on objections to any question or to the
admission of exhibits. Such power shall remain with the JUDGE who shall resolve such objection
within ten (10) days from the termination of hearing.
• Consolidation and Severance:
o Consolidation is Proper When:
▪ There are actions involving a common question of law or fact; and
▪ The actions are pending before the same court.
o Depends upon the court’s discretion.
o Kinds of consolidation
a. Quasi-consolidation – where all, except one, of several actions are stayed until one is tried,
in which case, the judgment in the one trial is conclusive as to others; not actually
consolidation but referred to as such
b. Actual consolidation – where several actions are combined into one, lose their separate
identity, and become one single action in which judgment is rendered
c. Consolidation for Trial – where several actions are ordered to be tried together, but each
retains its separate character, and requires the entry of separate judgment
o Severance – The court may order a separate trial of any claim, cross-claim, counterclaim, or third-
party complaint, or of any separate issue in furtherance of convenience or to avoid prejudice
DEMURRER TO EVIDENCE
• Demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence. It is a remedy
available to the defendant to the effect that the evidence produced by the plaintiff is insufficient in point
of law whether to or not to make out a case or sustain an issue. The question in demurrer to evidence is
whether the plaintiff, by his evidence in chief had been able to establish a prima-facie case in its favor.
• Ground: Insufficiency of evidence, that upon the facts and the law the plaintiff has shown no right to relief
• If the demurrer is denied, the defendant shall have the right to present his evidence.
o The denial of demurrer is not a final order; it is an interlocutory order. Therefore, the remedy is
not to appeal the Order, but to file Petition for Certiorari under Rule 65, if there is grave abuse of
discretion.
• If the demurrer is granted, the case shall be dismissed with prejudice.
o The proper remedy would be to appeal the judgment.
o In civil case, if the demurrer to evidence is granted, the order of dismissal is considered with
prejudice, therefore appealable.
• Waiver of Right to Present Evidence – If, on appeal, the order granting the motion is reversed, the
defendant loses his right to present evidence.
o The appellate court should not remand the case for further proceedings but should render
judgment on the basis of the evidence submitted by the plaintiff.
• Action on Demurrer to Evidence: A demurrer to evidence shall be subject to the provisions of Rule 15
(Motions)
• Difference between Demurrer to Evidence in a Civil Case and Demurrer to Evidence in a Criminal Case
Demurrer to evidence in Civil Case Demurrer to evidence in Criminal
Case
As to the Leave of Court is not required before filing Demurrer is filed with or without leave of
requirement of a demurrer court
leave of court
As to the effect If granted, the order of dismissal is Order of dismissal is not appealable because
of grant appealable of constitutional policy against double
jeopardy
As to the effect If denied, the defendant may proceed to The accused may adduce his evidence only if
of denial present his evidence the demurrer is filed with the leave of court

JUDGMENT AND FINAL ORDERS

• A judgment is one that finally disposes of a case, leaving nothing more to be done by the court in respect
of thereto an adjudication of their merits, which on the basis of the evidence presented at the trial,
declares categorically that the rights and obligations of the parties are in which party is in the right, or a
judgment or order that dismisses an action on the ground, for instance, res judicata or prescription.
• Final order is the one that puts an end to the particular matter resolved, leaving that after no substantial
proceeding to be had or in connection with except execution.
• A judgment in the pleadings is one which may be rendered by the court in any of the following
instances:
o when the answer fails to tender an issue, or
o admits the material allegations of the adverse party’s pleading.
• No Judgment on the Pleadings in Actions for
o Declaration of Nullity of Marriage;
o Annulment of marriage; and
o Legal Separation
 Judgment on the Pleadings Summary Judgment
As to presence Absence of a factual issue in the case Involves an issue, but the issue is not
of issue because the answer tenders no issue at all genuine.
As to who can Motion for judgment on the pleadings is Motion for summary judgment may be filed
ask for the filed by a claiming party like a plaintiff or by either the claiming or the defending party.
judgment a counterclaimant. [Secs. 1-2]
As to how the Based on the pleadings alone Based on the pleadings, affidavits,
judgment depositions and admissions
rendered
As to the remedy Any action of the court on a motion for Any action of the court on a motion for
judgment on the pleadings shall not be summary judgment shall not be subject of an
subject of an appeal or petition for appeal or petition for certiorari, prohibition
certiorari, prohibition or mandamus. or mandamus. [Sec. 3, Rule 35]
[Sec. 2, Rule 34]

• Summary judgment procedure is a method for promptly disposing of actions in which there is no
genuine issue as to any material fact.
o Summary Judgment is proper when it appears to the court that
▪ There exists no genuine issue as to any material fact, except as to the amount of damages,
and
▪ The moving party is entitled to judgment as a matter of law.
o When the Case Not Fully Adjudicated: If on motion for summary judgment, judgment is not
rendered upon the whole case or for all the reliefs sought and a trial is necessary, the court may:
▪ Ascertain which material facts exist without substantial controversy and the extent to
which the amount of damages and other reliefs is not in controversy by
• Examining the pleadings and evidence before it; and
• Interrogating counsel
▪ Make an order which:
• Specifies which facts ascertained are deemed established, and
• Directs further proceedings as are just
▪ Conduct trial on the controverted facts
o A partial summary judgment is not a final judgment, but merely a pre-trial adjudication that said
issues in the case shall be deemed established for the trial of the case. Not subject to appeal.
• Affidavits and Attachments: Form
o Made on personal knowledge
o Setting forth such facts as would be admissible in evidence
o Showing affirmatively that the affiant is competent to testify to the matters stated therein
o Certified true copies of all papers or parts thereof referenced in the affidavit shall be attached or
served with the affidavit
• Affidavits in bad faith [Sec. 6, Rule 35] – those presented under this Rule which appear to the court at
any time as presented in bad faith or solely for the purpose of delay.
o The court: Shall order the offending party or counsel to pay the other party the amount of
reasonable expenses which the filing of the affidavits caused him to incur; and
o May, after hearing, adjudge the offending party or counsel guilty of contempt.