Civpro Memaid
Civpro Memaid
Civpro Memaid
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A court is one with appellate jurisdiction when Philippine courts are courts of both law and
it has the power of review over the decisions or equity. Both legal and equitable jurisdictions
orders of a lower court. [1 Riano 47, 2016 are dispensed with in the same tribunal. [US v.
Bantam Ed.] Tamparong, 31 Phil 321-327 (1915)]
Appellate jurisdiction refers to a process which Equity jurisdiction is used to describe the
is but a continuation of the original suit, not a power of the court to resolve issues presented
commencement of a new action [Morales v. in a case, in accordance with the rules of
CA, G.R. No. 126623 (1997)] fairness and justice, and in the absence of a
clear, positive law governing such issues. [1
e. Courts of General and Special Riano 41, 2016 Bantam Ed.]
Jurisdiction
Equity, which has been aptly described as a
“justice outside legality,” is applied only in the
Courts of general jurisdiction are those with
absence of, and never against, statutory law.
competence to decide on their own jurisdiction
and take cognizance of all cases, civil and Aequetas nunquam contravenit legis [GF
Equity, Inc. v. Valenzona, G.R. No. 156841
criminal, of a particular nature.
(2005)]
Courts of special/limited jurisdiction are
those which have jurisdiction only for a h. Principle of Judicial Hierarchy
particular purpose or a clothed with special
powers for the performance of specified duties Also known as “The Doctrine of Hierarchy of
beyond which they have no authority of any Courts”
kind. [1 Riano 47, 2016 Bantam Ed.]
General Rule: A case must be filed with the
f. Constitutional and Statutory lowest court possible having the appropriate
jurisdiction.
Courts
For example, although the SC, CA, and the
A constitutional court is one created by a
RTC have concurrent jurisdiction over
direct constitutional provision, an example of
certiorari, prohibition, and mandamus, a direct
which is the SC. Only the SC is a constitutional
invocation of the SC is improper. A petition
court.
must be first made to the lowest court - the
RTC. [1 Riano 42, 2016 Bantam Ed]
A statutory court is one created by a law other
than the Constitution. All other courts are
Exception: The Supreme Court may disregard
statutory courts.
hierarchy of courts if warranted by the following
[1 Riano 45-46, 2016 Bantam Ed.] reasons:
1. Where special and important reasons are
present,
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2. When dictated by public welfare and policy, in consonance with the well-established
3. When demanded by interest of justice, principle that no man shall be affected by any
4. Where the challenged orders are patent proceeding to which he is a stranger [Sps.
nullities, Crisologo v. Omelio, A.M. No. RTJ-12-2321
5. Where compelling circumstances warrant, (2012), citing Sec. 16, Rule 39, and quoting
and Naguit v. CA, G.R. No. 137675 (2000)]
6. Where genuine issues of constitutionality
must be immediately addressed. [1 Riano
44-45, 2016 Bantam Ed] B. JURISDICTION OF
COURTS
Rationale
1. It would be an imposition upon the limited
Jurisdiction is the power of the court to hear,
time of the Court; and try, and decide a case. [Cuenca v. PCGG,
2. It would inevitably result in a delay, in the 535 SCRA 102]
adjudication of cases, which are remanded
or referred to the lower court as the proper In its expanded concept, it includes the
forum, or a trier of facts authority of the court to execute its
[People v. Azarraga, G.R. No. 187117 (2011)] decisions since such is an essential aspect of
jurisdiction and is the most important part of
A disregard of the doctrine of hierarchy of litigation [Echegaray v. Sec. of Justice, G.R.
courts warrants, as a rule, the outright No. 132601 (1999)]
dismissal of a petition [De Castro v. Carlos,
G.R. No. 194994 (2013)] Note: Jurisdiction is not the authority of the
judge to hear a case, but that of the court.
i. Doctrine of Non-Interference/ Jurisdiction over a case attaches to the court,
Doctrine of Judicial Stability and not the judge hearing it. It is not the
decision rendered, but rather the authority of
The Doctrine of Non-Interference/ Doctrine the court to decide the case.
of Judicial Stability holds that courts of equal
and coordinate jurisdiction cannot interfere with 1. Classification of Jurisdiction
each other’s orders. [Lapu-Lapu Devt Corp v.
Group Management Corp 388 SCRA 493, 508]
a. Distinguish: Original and
It also bars a court from reviewing or interfering Appellate
with the judgment of a co-equal court over
which it has no appellate jurisdiction or power Original Appellate
of review. [Villamor v. Salas 203 SCRA 540,
543] A court is one with
A court is one with
appellate jurisdiction
Note: Such doctrine applies also to original jurisdiction
when it has the
administrative bodies. When the law provides when actions or
power to review on
for an appeal to the CA or SC from the decision proceedings may be
appeal the decisions
of an administrative body, it means that such originally filed with it.
or orders of a lower
body is co-equal with the RTC and is then
court.
beyond the control of the latter. [Philippine
[1 Riano 47, 2016 Bantam Ed.]
Sinter Corp v. Cagayan Electric Power and
Light Co. Inc., G.R. No. 127371 (2002)]
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Concurrent/
Exclusive 3. Jurisdiction Of Philippine
Coordinate
Concurrent
Courts
jurisdiction is also
called coordinate a. Supreme Court
Exclusive
jurisdiction. It is the
jurisdiction General Rule: The SC is not a trier of facts.
power of different
precludes the idea of
courts to take Exception: The SC can look into the facts of a
co-existence and
cognizance of the case:
refers to jurisdiction
same subject matter. 1. When the conclusion is a finding grounded
possessed to the
Where such entirely on speculation, surmises and
exclusion of others.
jurisdiction exists, conjectures;
[Cubero v. Laguna
the court first taking 2. When the inference made is manifestly
West Multi-Purpose
cognizance of the mistaken, absurd or impossible;
Cooperatives, Inc., 3. Where there is a grave abuse of discretion;
case assumes
G.R. No. 166833 4. When the judgment is based on a
jurisdiction to the
(2006)] misapprehension of facts;
exclusion of the
5. When the findings of fact are conflicting;
other courts.
6. When the Court of Appeals, in making its
findings, went beyond the issues of the
[1 Riano 49, 2016 Bantam Ed.] case and the same is contrary to the
admissions of both appellant and appellee;
7. When the findings are contrary to those of
the trial court;
8. When the findings of fact are conclusions
without citation of specific evidence on
which they are based;
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9. When the facts set forth in the petition as Agency, the petition shall only be
well as in the petitioners' main and reply cognizable by the CA and must be
briefs are not disputed by the respondents; filed there
and
10. When the findings of fact of the Court of b. Quo Warranto petitions,
Appeals are premised on the supposed c. Writ of Habeas Corpus,
absence of evidence and contradicted by d. Writ of Amparo,
the evidence on record. [Aklan v. Enero, e. Writ of Habeas Data, and [1 Riano 93-
G.R. No. 178309, January 27, 2009] 94, 2016 Bantam Ed.]
f. Writ of KaIikasan. [Sec. 3, Rule 7, Part
EXCLUSIVE ORIGINAL JURISDICTION 3, Rules of Procedure for
Petitions for certiorari, prohibition, and Environmental Cases]
mandamus against appellate courts, namely:
a. Court of Appeals, [Sec. 17, R.A. 296] 2. With RTC
b. Commission on Elections, [Sec 7, Art. IX, a. Cases affecting ambassadors, public
Constitution] ministers, and consuls [Sec. 21(2),
c. Commission on Audit, [Sec. 7, Art. IX, B.P. 129]
Constitution] b. Petitions for certiorari, prohibition, and
d. Sandiganbayan, and [P.D. 1606 as mandamus against lower courts [1
amended] Riano 93, 2016 Bantam Ed.]
[1 Riano 106, 2014 Bantam Ed.] c. Quo Warranto petitions,
e. Court of Tax Appeals (not en banc). [1 d. Writ of Habeas Corpus,
Riano 92, 2016 Bantam Ed.] (if en banc, e. Writ of Amparo, and
SC in appellate jurisdiction) f. Writ of Habeas Data.
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(iii) All cases in which the jurisdiction ii. Civil Service Commission [R.A.
of any lower court is in issue, 7902]
(iv) All criminal cases in which the iii. Central Board of Assessment
penalty imposed is reclusion Appeals [P.D. 464; B.P. 129; R.A.
perpetua or higher, and 7902]
(v) All cases in which only an error or iv. NLRC and [St. Martin Funeral
question of law is involved, and Homes v. NLRC, G.R. No. 130866
[Sec. 5(2), Art. VIII, Constitution] (1998); R.A. 7902]
d. CTA in its decisions rendered en banc v. Other Quasi-Judicial Agencies.
[1 Riano 107, 2014 Bantam Ed.] [B.P. 129; R.A. 7902; Heirs of
e. MTC in the exercise of their delegated Hinog v. Melicor, G.R. No. 140954
jurisdiction, where the decision, had it been (2005) [1 Riano 106-107, 2014
rendered by RTC, would be appealable Bantam Ed.]
directly to the SC. [Sec. 34, B.P. 129, as b. Quo Warranto petitions,
amended] Such is the case because the c. Writ of Habeas Corpus,
MTC, when acting under delegated d. Writ of Amparo,
jurisdiction, is deemed to be acting as an e. Writ of Habeas Data, and [1 Riano 93-
RTC. [1 Riano 106, 2016 Bantam Ed.] 94, 2016 Bantam Ed.]
f. Writ of KaIikasan. [Sec. 3, Rule 7, Part
Only pure questions of law are involved when 3, Rules of Procedure for
no evidentiary matters are to be evaluated by Environmental Cases]
the SC. If the only issue is whether or not the
conclusions of the trial court are in consonance 2. With RTC
with law and jurisprudence, then the issue is a a. Petitions for certiorari, prohibition and
pure question of law [Urbano v. Chavez, G.R. mandamus against lower courts and
No. 87977 (1990)] bodies
b. Quo warranto petitions, and
Note that the SC has held that appeals from c. Writ of Habeas Corpus [1 Riano 96,
quasi-judicial agencies – even only on a 2016 Bantam Ed.]
question of law alone – may be brought to the d. Writ of Amparo, and [Sec. 3, Rule on
CA, via Rule 43 of the ROC. This constitutes the Writ of Amparo]
an exception to the general rule that e. Writ of Habeas Data [Sec. 3, Rule on
appeals on pure questions of law are the Writ of Habeas Data]
brought to the SC [Santos v. Committee on
Claims Settlement, G.R. No. 158071 (2009)] 3. With Sandiganbayan
(also see (a)(1)(v) under concurrent jurisdiction a. Writ of Amparo, and
of the SC) b. Writ of Habeas Data
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deed of conditional sale. The principal [Heirs of Sebe v. Heirs of Sevilla, G.R. No.
nature of Castillo’s action, therefore, is 174497 (2009)]
incapable of pecuniary estimation.”
c. Any action if the amount involved
See also: Heirs of Bautista v. Lindo [G.R. exceeds P300,000 outside Metro Manila
No. 208232 (2014)], where an action to or exceeds P400,000 in Metro Manila in
redeem a land subject of a free patent was the following cases [B.P. 129, as amended
characterized by the SC as one whose by R.A. 7691]:
subject matter was incapable of 1. Actions in admiralty and maritime
pecuniary estimation since the jurisdiction, where the amount refers
reacquisition of the land was merely to demand or claim [Sec. 19(3)]
incidental to and an offshoot of the exercise 2. Matters of probate (testate or
of the right to redeem the land, pursuant to intestate), where the amount refers to
Sec. 119 of CA 141. gross value of estate [Sec. 19(4)]
3. In all other cases where the amount
An expropriation suit is incapable of refers to the demand, exclusive of
pecuniary estimation [Barangay San interest, damages of whatever kind,
Roque v. Heirs of Francisco Pastor, G.R. attorney’s fees, litigation expenses,
No. 138896 (2000)] and costs [Sec. 19(8)]
b. Civil actions involving title to, or Note: This jurisdiction is deemed modified
possession of real property, or any by Sec. 5, R.A. 8369, the law establishing
interest therein, where assessed value the Family Courts. However, in areas
exceeds P20,000 outside Metro Manila, where there are no Family Courts, the
or exceeds P50,000 in Metro Manila [Sec. cases within their jurisdiction shall be
19(2), B.P. 129, as amended by R.A. 7691] adjudicated by the RTC [Sec. 17, R.A.
8369; 1 Riano 147, 2014 Bantam Ed.]
Exception: Forcible entry and unlawful
detainer (FEUD) cases, as FEUD cases e. All civil actions and special proceedings
are within the exclusive original jurisdiction falling within exclusive original
of the MTC. [Sec. 33(2), B.P. 129, as jurisdiction of the Court of Agrarian
amended by R.A. 7691] Reform [Sec. 19(7), B.P. 129, as amended
by R.A. 7691]
An action "involving title to real property"
means that the plaintiff's cause of action is f. All cases not within exclusive
based on a claim that he owns such jurisdiction of any court, tribunal, person,
property or that he has the legal rights to or body exercising judicial or quasi-judicial
have exclusive control, possession, functions [Sec. 19(6), B.P. 129, as
enjoyment, or disposition of the same. Title amended by R.A. 7691] This jurisdiction is
is the "legal link between (1) a person who often described as the “general
owns property and (2) the property itself." jurisdiction” of the RTC making it a court
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of general jurisdiction. [1 Riano 146, 2014 1. Does not allege any damage to the
Bantam Ed.] government or any bribery; or
2. Alleges damage to the government or
g. Intra-corporate controversies bribery arising from the same or closely
1. Cases involving devises or schemes related transactions or acts in an
employed by or any acts, of board of amount not exceeding P1 million. [Sec.
directors, business associates, its 4, P.D. 1606, as amended by R.A.
officers or partnership, amounting to 10660]
fraud and misrepresentation which
may be detrimental to interest of public CONCURRENT ORIGINAL JURISDICTION
and/or of stockholders, partners, 1. With SC
members of associations or a. Cases affecting ambassadors, public
organizations registered with SEC ministers, and consuls [Sec. 21(2),
2. Controversies arising out of intra- B.P. 129]
corporate or partnership relations, b. Petitions for certiorari, prohibition, and
between and among stockholders, mandamus against lower courts [1
members or associates; between any Riano 93, 2016 Bantam Ed.]
or all of them and corporation, c. Quo Warranto petitions,
partnership or association of which d. Writ of Habeas Corpus,
they are stockholders, members or e. Writ of Amparo, and
associates, respectively; and between f. Writ of Habeas Data
such corporation, partnership or
association and the state insofar as it 2. With CA
concerns their individual franchise or a. Petitions for certiorari, prohibition and
right to exist as such entity mandamus against lower courts and
3. Controversies in election or bodies
appointments of directors, trustees, b. Quo warranto petitions, and
officers or managers of such c. Writ of Habeas Corpus [1 Riano 96,
corporations, partnerships or 2016 Bantam Ed.]
associations d. Writ of Amparo, and [Sec. 3, Rule on
4. Petitions of corporations, partnerships the Writ of Amparo]
or associations to be declared in state e. Writ of Habeas Data [Sec. 3, Rule on
of suspension of payments in cases the Writ of Habeas Data]
where corporation, partnership of
association possesses sufficient 3. With Sandiganbayan
property to cover all its debts but a. Writ of Amparo, and
foresees impossibility of meeting them b. Writ of Habeas Data
when they respectively fall due or in
cases where corporation, partnership APPELLATE JURISDICTION
or association has no sufficient assets Appellate jurisdiction over cases decided by
to cover its liabilities, but is under lower courts (i.e. MTC) in their respective
management of a Rehabilitation territorial jurisdictions, except those made in
Receiver or Management Committee the exercise of delegated jurisdiction, which
[Sec. 52, Securities and Regulations Code] are appealable in the same manner as
decisions of the RTC. [Sec. 34, B.P. 129, as
h. Petitions for declaratory relief [Sec. 1, amended]
Rule 63]
SPECIAL JURISDICTION
i. Cases originally falling within the exclusive Special jurisdiction - SC may designate
original jurisdiction of the Sandiganbayan certain branches of RTC to try exclusively
where the information: criminal cases, juvenile and domestic relations
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Voluntary Appearance of the defendant gives Jurisdiction over the subject matter of a case is
the court jurisdiction over his person despite conferred by law and determined by the
lack of service of summons or a defective allegations in the complaint which comprise
service of summons. Since his voluntary a concise statement of the ultimate facts
appearance in the action shall be equivalent to constituting the plaintiff's cause of action.
service of summons. [Medical Plaza Makati Condominium v. Cullen,
G.R. No. 181416 (2013)]
For further discussion on voluntary
appearance, see section on Summons. The allegations in the body of the complaint
define the cause of action. The caption or title
b. Jurisdiction over the Subject of the cause of action is not controlling. [Dela
Matter Cruz v. CA, G.R. No. 139442 (2006)]
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vi. Objections to Jurisdiction over the which it has actively participated [Francel
Subject Matter Realty Corp. v. Sycip, G.R. No. 154684 (2005)]
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of facts or enter into agreement simplifying (2014); Perkins v. Dizon [G.R. No. 46631
the issues of the case [Sec. 2(c), Rule 18] (1939)]
c. Waiver or failure to object to evidence on
a matter not raised in the pleadings. Here Example: A land registration case is a
the parties try with their express or implied proceeding in rem. In such a case, actual
consent on issues not raised by the possession of the land by the court is not
pleadings. [Sec. 5, Rule 10] necessary. It is enough that there is
[1 Riano 83-84, 2016 Bantam Ed.] constructive seizure of the land through
publication and service of notice. [1 Riano 89,
The rule is that a party is entitled only to such 2016 Bantam Ed.]
relief consistent with and limited to that sought
by the pleadings or incidental thereto. A trial Jurisprudence holds that if the action is in rem
court would be acting beyond its or quasi in rem, jurisdiction over the person
jurisdiction if it grants relief to a party of the defendant is not required. What is
beyond the scope of the pleadings. required is jurisdiction over the res, although
[Gonzaga v. CA, G.R. No. 142037 (2004)] summons must also be served upon the
defendant in order to satisfy the requirements
d. Jurisdiction over the Res or of due process. [Gomez vs CA, G.R. No.
Property in Litigation 127692 (2004)]
“Res,” in civil law is a “thing” or “object.” It is Error of Jurisdiction is one which occurs
everything that may form an object of rights, as when the court exercises a jurisdiction not
opposed to a “persona,” which is the subject of conferred upon it by law or when the court acts
rights. It includes object, subject matter or in excess of its jurisdiction or with grave abuse
status [1 Riano 86, 2016 Bantam Ed., citing of discretion amounting to lack of jurisdiction.
Black’s Law Dictionary 1172, 5th Ed.] [GSIS v. Oliza, G.R. No. 126874 (1999)]
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(2) with grave abuse [Banco Filipino plaintiff and court and the subject
of discretion Savings and defendant, or matter
amounting to lack of Mortgage Bank v. petitioner and
jurisdiction CA, G.R No. 132703 respondent
(2000)] May be changed by
Fixed by law and
Correctable only by the written
cannot be conferred
the extraordinary writ agreement of the
by the act or
of certiorari. [Cabrera parties or waived
agreement of the
v. Lapid, G.R. No. expressly or
parties
129098 (2006)] impliedly
The court may
Note: Sec. 8, Rule 40 Correctable by The court may not dismiss an action
allows an RTC with appeal. [Cabrera v. dismiss an action motu proprio in case
original jurisdiction Lapid, G.R. No. motu proprio for of lack of jurisdiction
over a case brought 129098 (2006)] improper venue over the subject
on appeal from a [Rudolf Lietz matter
lower court without Holdings, Inc. v. [Rudolf Lietz
jurisdiction over Registry of Deeds of Holdings, Inc. v.
subject matter to Parañaque City, Registry of Deeds of
decide the case on G.R. No. G.R. No. Parañaque City,
the merits. 133240 (2000)] G.R. No. G.R. No.
When there is an 133240 (2000)]
error of jurisdiction on Jurisdiction over the
the part of the court, subject matter may
the decision The objection to an be raised at any
rendered is a total improper venue stage of the
An erroneous
nullity and may be must be raised in the proceedings since it
judgment on the part
struck down at any answer as an is conferred by law,
of the court does not
time, even on appeal; affirmative defense. although a party may
render the judgment
EXCEPT when party [Sec 12, Rule 8] be barred from
void.
raising the issue is It is no longer a valid raising it on the
barred by estoppel. ground for a motion ground of estoppel
[Suntay v. Gocolay, to dismiss. [La’o v. Republic,
G.R. No. 144892 G.R. No. 160719
(2005)] (2006)]
[1 Riano 73-74, 2014 Bantam Ed.] [Nocum v. Tan, G.R. No. 145022 (2005)]
[1 Riano 196, 2014 Bantam Ed.]
6. Distinguish: Jurisdiction and
Venue 7. Jurisdiction over Small
Claims, Rules on Summary
Venue Jurisdiction Procedure, Brgy. Conciliation
Place where the
Authority to hear and
case is to be heard a. Cases Covered by Revised
determine a case
or tried Rules of Procedure for Small
Procedural Substantive Claims Cases
Establishes a Establishes a
relation between relation between the
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10. Labor disputes or controversies arising character and whenever practicable and
from employer-employee relationship, convenient. [Sec. 4, Rule 1]
11. Where the dispute arises from the CARL,
or b. Commencement of Civil Action
12. Actions to annul judgment upon a
compromise which may be directly filed in The filing of the original complaint in court
court. signifies the commencement of the civil action.
[Supreme Court Administrative Circular No. 14- [Sec. 5, Rule 1]
93]
Note: Barangay conciliation is a condition c. Construction
precedent for filing a case. However, failure to
comply with a condition precedent is no longer The Rules shall be liberally construed in order
a ground for a motion to dismiss under the to promote a just, speedy, and inexpensive
Amended Rules. It is now included in the disposition of every action and proceeding.
enumerated Affirmative Defenses that may be [Sec. 6, Rule 1]
set out in the answer under Sec. 12(a), Rule 8.
Being a waivable defense, the failure to raise A strict and rigid application of the rules of
non-compliance with condition precedent in the procedure, especially on technical matters,
answer constitutes a bar from raising such which tend to frustrate rather than promote
defense later in the proceedings. substantial justice, must be avoided. [Tiorosio-
Espinosa v. Hofileña-Europa, G.R. No.
185746 (2016)]
C. CIVIL PROCEDURE However, compliance with the procedural
rules is still the general rule, and
abandonment thereof should only be done in
1. General Provisions the most exceptional circumstances. [Pilapil v.
Heirs of Briones, 514 SCRA 197 (2007)]
a. Applicability
2. Actions
The Rules of Court shall apply in all the courts,
except as otherwise provided by the Supreme An action is a formal demand of one's right
Court. [Sec. 2, Rule 1] in a court of justice in the manner
prescribed by the court or by the law. It is
Actions or Proceedings Governed by the the method of applying legal remedies
Rules of Court according to definite established rules.
1. Civil actions [Natcher vs Court of Appeals, G.R. No. 133000
2. Criminal actions (2001)]
3. Special Proceedings
[Sec. 3, Rule 1] The determinative operative act, which
converts a claim into an action, is its filing with
Actions or Proceedings Not Governed by a court of justice. [1 Riano 212, 2014 Bantam
the Rules of Court Ed.]
1. Election cases
2. Land registration cases a. Meaning of Ordinary Civil
3. Cadastral cases
Actions
4. Naturalization cases
5. Insolvency proceedings
An ordinary civil action is one which is
governed by the rules for ordinary civil actions.
However, the Rules may still apply to the
[Sec. 3(a), par. 2, Rule 1]
cases above by analogy or in suppletory
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Rules for Ordinary Civil Actions refer to Rule 2 or the prevention or right, or a particular
(Cause of Action) until Rule 61 (Provisional redress of a wrong fact [Sec. 3(c), Rule
Remedies). [Sec. 3(a), par. 1, 1]
● General Rules on Ordinary Civil Action - Rule 1]
Rule 2 to Rule 5
● Procedure in Trial Courts - Rule 6 to Rule The rules of ordinary civil actions have
39 suppletory application in special proceedings.
● Appeals - Rule 40 to Rule 43 [1 Riano 192, 2016 Bantam Ed.] (also see Sec.
● Procedure in the Court of Appeals - Rule 2, Rule 72)
44 to Rule 55
● Procedure in the SC - Rule 56
● Provisional Remedies - Rule 57 to Rule
e. Personal Actions and Real
61 Actions
Rules 62 to 71 provide for special civil actions. Not every action involving real property is a
However, despite having particular rules which real action because the realty may only be
govern the special civil actions, the rules for incidental to the subject matter of the suit. In
ordinary civil action still apply. the cases of Heirs of Bautista v. Lindo [G.R.
No. 208232 (2014)] involving a complaint to
d. Distinguish: Civil Actions and redeem a parcel of land subject of a free patent
Special Proceedings and Olivarez Realty vs Castillo [G.R. No.
196251 (2014) involving an action for
Special rescission of a contract involving real property],
Civil Action the SC held that the conveyance of real
Proceeding
property was only incidental to the
A civil action is ne by A special determination of matters incapable of
which a party sues proceeding is a pecuniary estimation. The cases were deemed
another for the remedy by which a personal actions because the principal action
enforcement or party seeks to or remedy sought does not involve title to or
protection of a right, establish a status, a possession of real property.
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Not a prerequisite to
Necessary for the court to Not a prerequisite to
confer jurisdiction on
validly try and decide the confer jurisdiction on the
Jurisdiction the court, provided that
case which can be made court, provided that the
over the the latter has jurisdiction
through service of latter has jurisdiction over
person over the res [Lucas v.
summons [Lucas v. Lucas, the res [Lucas v. Lucas,
Lucas, G.R. No. 190710
G.R. No. 190710 (2011)] G.R. No. 190710 (2011)]
(2011)]
Jurisdiction over the res
is acquired either (a) by Jurisdiction over the res is
the seizure of the acquired either (a) by the
property under legal seizure of the property
process, whereby it is under legal process,
brought into actual Jurisdiction is acquired whereby it is brought into
How custody of the law, or through service of actual custody of the law,
jurisdiction (b) as a result of the summons as provided in or (b) as a result of the
is acquired institution of legal the Rule 14 or voluntary institution of legal
proceedings, in which appearance proceedings, in which the
the power of the court is power of the court is
recognized and made recognized and made
effective [Lucas v. effective [Lucas v. Lucas,
Lucas, G.R. No. 190710 G.R. No. 190710 (2011)]
(2011)]
Any judgment therein is
The decision is binding Judgments therein are
binding only upon the
Binding as against the whole binding only upon the
parties properly
effect of world [Paderanga v. parties who joined in the
impleaded [Paderanga v.
decisions Buissan, G.R. No. action [Macasaet v. Co,
Buissan, GR. No. 49475
49475 (1993)] G.R. No. 156759 (2013)]
(1993)]
Petition for adoption,
Attachment, foreclosure of
annulment of marriage, Action for a sum of money;
mortgage, action for
or correction of entries action for damages [1
Examples partition and action for
in the birth certificate Riano 221, 2014 Bantam
accounting [1 Riano 227,
[Lucas v. Lucas, G.R. Ed.]
2014 Bantam Ed.]
No. 190710 (2011)]
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Tests to determine a “single” cause of pleading alone. [Sec. 5, Rule 2] It is the process
action of uniting two or more demands or rights of
The tests to ascertain whether two suits relate action in one action. [1 Riano 187, 2016
to a single or common cause of action are: Bantam Ed.]
a. Whether the same evidence would support
and sustain both causes of action (Same Rationale
Evidence Test); To avoid a multiplicity of suits and to expedite
b. Whether the defenses in one case may be disposition of litigation at minimum cost. [Ada
used to substantiate the complaint in the v. Baylon, G.R. No. 182435 (2012)]
other; and
c. Whether the cause of action in the second Rule merely permissive
case existed at the time of filing of the first The rule however is purely permissive as there
complaint. is no positive provision of law or any rule of
[Umale v. Canoga Park Development jurisprudence which compels a party to join all
Corp., G.R. No. 167246 (2011)] his causes of action and bring them at one and
the same time. [Nabus v. CA, G.R. No. 91670
Plaintiff's remedy if other reliefs not (1991)]
included in the complaint: Amendment
In the event that a plaintiff has omitted to Requisites
include in the complaint one or several other a. The plaintiff asserts numerous causes of
reliefs to which he may be entitled, the proper action in one pleading
remedy of the plaintiff is not to institute b. The causes of action are against the
another or several other actions – instead he opposing party
should move to amend the complaint to include c. The party joining the causes of action
the omitted relief or reliefs [Bayang v. CA, G.R. complies with the rules on joinder of parties
No. L-53564 (1987)] under Sec 6, Rule 3, and
d. The joinder shall not include special civil
Dismissal as effect of splitting of cause of actions or actions governed by special
action rules.
The filing of one or a judgment upon the merits
in any one is available as a ground for the Where causes of action are between the same
dismissal of the others [Sec. 4, Rule 2] parties but pertain to different venues or
jurisdictions, the joinder may be allowed in
The defendant facing a complaint which is the RTC provided one of the causes of action
infirm due to the plaintiff splitting causes of are within that court’s jurisdiction and venue
action may either allege the infirmity as an lies therein.
Affirmative Defense in his Answer [Sec. 5(b), [Sec. 5, Rule 2]
Rule 6], or file a Motion to Dismiss on the
following grounds: Totality Rule applies in Joinder of Actions
a. There is another action pending between Where the claims in all the causes of action are
the same parties for the same cause [Sec. principally for recovery of money, the
12 (a)(2), Rule 15], or aggregate amount claimed shall be the test of
b. The cause of action is barred by a prior jurisdiction
judgment. [Sec. 12 (a)(3), Rule 15]
Misjoinder of causes of action
f. Joinder and Misjoinder of There is misjoinder of causes of action when
Causes of Action conditions for joinder under Section 5, Rule
2 are not met. [Perez v. Hermano, G.R. No.
Joinder of causes of action 147417 (2005)]
It is the assertion of as many causes of action
as a party may have against another in one
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Effect of non-joinder of necessary parties A party may in one pleading assert, in the
Non-joinder of a necessary party does not alternative or otherwise, as many causes of
prevent the court from proceeding in the action. action as he may have against an opposing
The judgment rendered therein shall not party. One of the conditions for such joinder
prejudice the rights of such necessary party of causes of action is that the party joining the
[Sec. 9, par. 3, Rule 3] causes of action shall comply with the rules
on joinder of parties. [Sec. 5, Rule 2]
Remedy in case of non-joinder of necessary
parties iii. Misjoinder and Non-Joinder of
When a pleading asserting a claim omits to join Parties
a necessary party, the pleader must:
1. Set forth the name of the necessary party, Misjoinder
if known, and When one is made a party to the action
2. State the reason why he is omitted although he should not be impleaded. [1 Riano
[Sec. 9, par. 1, Rule 3] 285, 2014 Bantam Ed.]
Should the court find the reason for the non- Non-joinder
joinder of a necessary party unmeritorious, it When one is supposed to be joined but is not
may order the inclusion of such necessary impleaded in the action. [1 Riano 285, 2014
party, if jurisdiction over his person may be Bantam Ed.]
obtained. Failure to comply with such order
without justifiable cause shall be deemed a Effect of misjoinder or non-joinder of
waiver of the claim against such party [Sec. parties
9, pars. 1-2, Rule 3] Neither misjoinder nor non-joinder of parties is
a ground for dismissal of an action [Sec. 11,
ii. Permissive Joinder Rule 3]
All persons in whom or against whom any right Objections to defects in parties
to relief in respect to or arising out of the same Objections should be made at the earliest
transaction or series of transactions is alleged opportunity. Thus, objections to misjoinder
to exist, whether jointly, severally, or in the cannot be raised for the first time on appeal.
alternative, may except as otherwise provided [Lapanday Agricultural & Development
in these Rules, join as plaintiffs or be joined Corporation v. Estita, G.R. No. 162109 (2005)]
as defendants in one complaint, where any
question of law or fact common to all such iv. Class Suit
plaintiffs or to all such defendants may arise in
the action; but the court may make such orders Requisites
as may be just to prevent any plaintiff or a. Subject matter of the controversy is one of
defendant from being embarrassed or put to common or general interest to many
expense in connection with any proceedings in persons;
which he may have no interest [Sec. 6, Rule 3] b. The persons are so numerous that it is
impracticable to join them all as parties;
Requisites c. The court finds a number of them
1. The right to relief arises out of the same sufficiently numerous and representative of
transaction or series of transactions; the class as to fully protect the interests of
2. There is a question of law or fact common all concerned; and
to all the plaintiffs or defendants; and d. The representative sues or defends for the
3. Such joinder is not otherwise proscribed by benefit of all.
the provisions of the ROC on jurisdiction [Sec. 12, Rule 3]
and venue
[1 Regalado 91, 2010 Ed.]
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Only general interest in the subject matter damages on behalf of individual planters for an
of litigation required allegedly libelous article in an international
A class suit does not require a commonality of magazine. There is no common or general
interest in the questions involved in the suit. interest in the reputation of a specific individual.
What is required by the Rules is a common or Each of the sugar planters has a separate and
general interest in the subject matter of the distinct reputation in the community not shared
litigation [Mathay v. Consolidated Bank & Trust by the others [Newsweek, Inc. v. Intermediate
Company, G.R. No. L-23136 (1974)] Appellate Court, G.R. No. 63559 (1986)]
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Duty of counsel upon death of client Court may order the opposing party, within a
a. Inform court of such fact within 30 days specific time, to procure the appointment of an
after the death; and administrator or executor of the estate in the ff.
b. Give the name and address of the legal cases
representative. [Sec. 16, Rule 3] a. No legal representative is named; or
b. The one so named fails to appear within the
Effect of failure to comply specified period. [Sec. 16, Rule 3]
Failure to comply is a ground for disciplinary
action [Sec. 16, Rule 3] Substitution
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reasonable notice of the application regulated by the ROC. [Ang v. Sps. Ang, G.R.
therefor and accorded an opportunity to be No. 186993 (2012)]
heard UNLESS he expressly assents
thereto On dismissal based on improper venue
[Sec. 17, Rule 3]
Improper venue is no longer one of the
Action on contractual money claims grounds for a motion to dismiss under the
Shall not be dismissed but shall instead be Amended Rules. However, the ground of the
allowed to continue until entry of final judgment venue being improperly laid is one of those that
[Sec. 20, Rule 3] may be set as an Affirmative Defense in the
answer. The failure to raise the affirmative
Requisites defense in the answer will constitute a waiver
a. Action is for recovery of money, of such. [Sec 12, Rule 8]
b. The claim arose from express or implied
contract, and However, the court may make a motu proprio
c. Defendant dies before the entry of final dismissal for improper venue, inter alia, in
judgment in the court in which the action actions covered by the Rules on Summary
was pending. [Sec. 20, Rule 3] Procedure [Sec. 4], Rule of Procedure for
Small Claims cases [Sec. 9], and in ejectment
Effect cases. [Sec. 5, Rule 70]
If the plaintiff obtains a favorable judgment,
said judgment shall be enforced following the a. Venue of Real Actions
procedure provided for in the ROC for
prosecuting claims against the estate of a Real actions shall be commenced and tried in
deceased person [Sec. 20, Rule 3] He/She is the proper court which has jurisdiction over the
not supposed to file a motion for the issuance area wherein the real property involved, or a
of an order and writ of execution of the portion thereof is situated.
judgment [1 Riano 201, 2014 Bantam Ed.]
Forcible entry and detainer actions shall be
5. Venue commenced and tried in the municipal court of
the municipality or city wherein the real
Venue refers to the place where a civil action property involved, or a portion thereof, is
may be tried; in civil cases, it essentially situated.
concerns a rule of procedure which looks [Sec. 1, Rule 4]
primarily at the convenience of the litigants.
[Gumabon, et al. v. Larin, G.R. No. 142523, The rule, in its simplified form, means that if the
(2001)] action is real, the action is local, as opposed
to transitory, and the venue is the place where
In civil cases, it is a procedural matter and not the real property involved, or any portion
jurisdictional, as compared to criminal cases, thereof, is situated. [1 Riano 151, 2016 Bantam
where the venue is jurisdictional. Ed.]
Venue relates only to the place of trial or the Where the subject-matter of the action
geographical location in which an action or involves various parcels of land situated in
proceeding should be brought. It is intended to different provinces, the venue is determined
accord convenience to the parties and does not by the singularity or plurality of the transactions
equate to the jurisdiction of the court. [Dolot v. involving said parcels of land. Thus, where said
Paje, G.R. 199199 (2013)] parcels are the objects of one and the same
transaction, the venue is in the court of any of
Choosing the venue of an action is not left the provinces wherein a parcel of land is
entirely to a plaintiff’s caprice; the matter is
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situated. [1 Regalado 118, 2010 Ed., citing El c. Venue of Actions Against Non-
Hogar Filipino v. Seva, G.R. No. 36627 (1932)] Residents
b. Venue of Personal Actions Non-resident found in the Philippines
a. Personal action: where the nonresident
All other actions may be commenced and tried, defendant may be found, as authorized by
at the plaintiff’s election: Sec. 2, Rule 4, but with an additional
a. Where the plaintiff or any of the principal alternative venue, i.e., the residence of any
plaintiffs resides, or of the principal plaintiffs, pursuant to Secs.
b. Where the defendant or any of the principal 2 and 3, Rule 4. [1 Regalado 121, 2010
defendants resides, or Ed.]
c. In case of a non-resident defendant, where b. Real action: in the proper court which has
he may be found. [Sec. 2, Rule 4] jurisdiction over the area wherein the real
property involved, or a portion thereof is
The plaintiff or the defendant must be situated. [Sec. 1, Rule 4]
residents of the place where the action has
been instituted at the time the action is Non-resident not found in the Philippines,
commenced [Ang v. Sps. Ang, G.R. No. and the action affects:
186993 (2012)] a. Personal status of plaintiff – where
plaintiff resides, or
Definition of residence b. Property of defendant in the Philippines
The term “resides” as employed in the rule – where the property, or any portion
means the place of abode, whether thereof, is situated or found [Sec. 3, Rule 4]
permanent or temporary, of the plaintiff or
defendant, as distinguished from “domicile” d. When the Rules on Venue Do
which denotes a fixed permanent residence to Not Apply
which, when absent, one has the intention of
returning. [Dangwa Transportation Company v.
a. Cases where a specific rule or law provides
Sarmiento, G.R. No. L-22795 (1977)]
otherwise; examples:
1. Quo warranto proceeding commenced
The residence of a person is his personal,
by the Solicitor General, [Sec. 7, Rule
actual or physical habitation or his actual 66]
residence or place of abode, which may not
• The action may be brought in the
necessarily be his legal residence or domicile
Supreme Court, the Court of
provided he resides therein with continuity and
Appeals, or in a Regional Trial
consistency [Boleyley v. Villanueva, G.R. No.
Court in the City of Manila.
128734 (1999)]
2. Petition for a continuing writ of
mandamus, and [Sec. 2, Rule 8, Rules
A corporation cannot be allowed to file
of Procedure for Environmental Cases]
personal actions in a place other than its
• The petition shall be filed with the
principal place of business unless such
Regional Trial Court exercising
place is also the residence of a co-plaintiff or
jurisdiction over the territory where
defendant. [Davao Light v. CA, G.R. No.
the actionable neglect or omission
111685 (2001)]
occurred or with the Court of
Appeals or the Supreme Court.
3. Civil and criminal action for damages in
written defamation. [Art. 360, RPC]
• Note that for written defamations,
the default venue would be the
place where the libelous article is
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first published or where any of the unjustly denies a party a fair opportunity to
offended parties reside file suit in the place designated by the Rules.
• In case that the offended party is a The court shall take into consideration the
public officer, the proper venue economic conditions of the parties, the
would be either where he holds practical need to avoid numerous suits filed
office at the time of the commission against the defendant in various parts of the
of the crime, or the place where the country and the peculiar circumstances of the
libelous article is first published case [1 Regalado 124-125, 2010 Ed., citing
[Art. 360, RPC] Hoechst Philippines v. Torres, G.R. No. L-
44351 (1978)]
b. Parties have validly agreed in writing before
the filing of an action on the exclusive venue A complaint directly assailing the validity of
thereof. the written instrument itself should not be
[Sec. 4, Rule 4] bound by the exclusive venue stipulation
contained therein and should be filed in
e. Effects of Stipulations on accordance with the general rules on
Venue venue. [Briones v. CA and Cash Asia, G.R. No.
204444 (2015)]
The parties may stipulate on the venue as long
as the agreement is: 6. Pleadings
a. In writing,
b. Made before the filing of the action, and Pleadings are the written statements of the
c. Exclusive as to the venue respective claims and defenses of the parties,
submitted to the court for appropriate judgment
Types of stipulations on venue [Sec. 1, Rule 6]
a. Restrictive: suit may be filed only in the
place agreed upon Pleadings v. Motions
b. Permissive: parties may file their suit not Pleadings Motion
only in the place agreed upon but also in Purpose is to
the places fixed by the rules Application for
submit a claim
[Briones v. CA and Cash Asia, G.R. No. relief other
or defense for
204444 (2015)] Purpose than by a
appropriate
pleading [Sec.
Requirement to be binding judgment [Sec.
1, Rule 15]
To be binding, the parties must have agreed 1, Rule 6]
on the exclusive nature of the venue of any Judgment,
prospective action between them. The Other reliefs
which by its
agreement of parties must be restrictive and Relief that are not
character
not permissive [1 Regalado 124, 2010 Ed.] Sought included in a
finally disposes
judgment
In the absence of qualifying or restrictive of the case
words (e.g. “only/solely/exclusively in such [1 Riano 339, 2005 Ed.]
court”), venue stipulation is merely
permissive; that is, the stipulated venue is in Ultimate facts are essential facts constituting
addition to the venue provided for in the rules the plaintiff’s cause of action. A fact is essential
[Polytrade Corp. v. Blanco, G.R. No. L-27033 if it cannot be stricken out without leaving the
(1969)] statement of the cause of action insufficient
[Remitere v. Montinola, G.R. No. L-19751
When stipulation may be disregarded (1966)].
The court may declare agreements on venue
as contrary to public policy if such stipulation
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2. The claim against the third-party defendant 119085 (1999), citing First Philippine Holdings
must belong to the original defendant Corporation v. Sandiganbayan, G.R. No.
3. The claim of the original defendant against 88345 (1996)]
the third-party defendant must be based
upon the plaintiff's claim against the Further discussion under Section 11.
original defendant, Intervention
4. The defendant is attempting to transfer to
the third-party defendant the liability vii. Reply
asserted against him by the original plaintiff
[Philtranco Service Enterprises, Inc. v. A reply is a pleading, the office or function of
Paras, G.R. No. 161909 (2012)], and which is to deny, or allege facts in denial or
5. The court grants leave of court for the filing avoidance of new matters alleged in, or relating
of the same [Sec. 11, Rule 6] to actionable documents attached to an
answer. This is so, because under the
When the third (fourth, etc.) party complaint Amended Rules, the plaintiff may file a reply
will not be granted leave, and the court will only if the defending party attaches an
require the filing of a separate action: actionable document to his or her answer.
1. Where matters extraneous to the issue in [Sec. 10, Rule 6]
the principal case are raised, or
2. Where a new and separate controversy Note: An actionable document is a written
would be introduced in the action. [Sec. document that’s the basis of one’s cause of
11, Rule 6] action or defense. [1 Riano 280, 2016 Bantam
Ed.]
When, despite grant of leave allowing the
filing of a third-party complaint, the court Note: The function of a reply is to merely deny
dismisses the third (fourth) party complaint the allegations raised in the answer with the
1. The third-party defendant cannot be actionable document, not to impose new
located within 30 days from grant of leave. causes of action which arise from the answer.
[Sec. 11, Rule 6]
If the plaintiff wants to interpose a new claim
Additional rules on the basis of the actionable document
Where the trial court has jurisdiction over the attached in the answer, he should do this
main case, it also has jurisdiction over the third- through an amended or supplemental
party complaint, regardless of the amount complaint.
involved as a 3rd-party complaint is merely 1. The amended complaint must be with
auxiliary to and is a continuation of the main leave of court following Sec. 3, Rule 10.
action. [Republic v. Central Surety, G.R. No. L- 2. The supplemental complaint is allowed
27802 (1968)] only if it pertains to transactions,
occurrences, or events which have
A third-party complaint is not proper in an happened since the date of the complaint
action for declaratory relief. [Commissioner of following Sec. 6, Rule 10.
Customs v. Cloribel, G.R. No. L-21036 (1977)]
A reply is not the proper responsive pleading to
vi. Complaint-in-intervention a counterclaim or a cross-claim, as the proper
responsive pleading would be an answer to the
Intervention is a remedy by which a third counterclaim/cross-claim. [1 Riano 335, 2016
party, not originally impleaded in a proceeding, Bantam Ed.]
becomes a litigant therein to enable him to
protect or preserve a right or interest which If an actionable document is attached to the
may be affected by such proceeding. reply, the defendant may file a rejoinder. The
[Restaurante Las Conchas v. Llego, G.R. No. rejoinder must only deny, or allege facts in
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3. Relief
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Every pleading shall be dated. [Sec. 2, Rule 7] Note: the lawyer or law firm cannot pass on the
monetary penalty to the client. [Sec. 3, Rule 7]
ii. Signature and address
Under the old rules, an unsigned pleading may
Every pleading and other written submissions be remedied if it was due to mere inadvertence
to the court must be signed by the party or and not intended for delay. However, under the
counsel representing him or her. [Sec. 3, Rule Amended Rules, an unsigned pleading may
7] no longer be remedied since the provision for
such has been deleted from the amended rules
The signature of counsel constitutes a of court. The lawyer, law firm, or party
certificate that he or she has read the pleading responsible for filing an unsigned pleading may
and document and that such pleading or thus be sanctioned under this rule unless there
document: are exceptional circumstances. Also note that
a. Is not being presented for any improper an unsigned pleadings remains to be without
purpose to harass, delay, or increase cost legal effect, and is treated as “a mere scrap of
of litigation paper.”
b. Has claims, defenses, and other legal
contentions that are warranted by law or iii. Verification
jurisprudence, and not merely based on
frivolous arguments contrary to General Rule: Pleadings need not be under
jurisprudence oath or verified. [Sec. 4, Rule 7]
c. Has factual contentions that have
evidentiary basis or will most likely be Exception: When otherwise specifically
supported by evidence after availment of required by law or rule. [Sec. 4, Rule 7]
modes of discovery, and The following pleadings require verification, to
d. The denials of facts are based on evidence wit:
or based on belief of lack of information if 1. Pleadings filed in the inferior courts in
specially so identified. [Sec. 3, Rule 7] cases covered by the Rules on Summary
Procedure [Sec. 3B, Revised Rules on
Effect of violation of the rule: Summary Procedure]
The court may on motion or motu proprio, after 2. Petition for relief from judgment or order
notice and hearing, impose an appropriate [Sec. 3, Rule 38]
sanction or refer such to the proper office for 3. Petition for review from RTC to the CA
disciplinary action, unless exceptional [Sec. 1, Rule 42]
circumstances are present. 4. Petition for review from quasi-judicial
agencies to the CA [Sec. 5, Rule 43]
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5. Appeal by certiorari from the CTA to the SC c. The factual allegations therein have
[Sec. 12, R.A. 9282 amending Sec. 19, evidentiary support or, if specifically so
R.A. 1125] identified, will likewise have evidentiary
6. Appeal by certiorari from CA to the SC support after a reasonable opportunity for
[Sec. 1, Rule 45] discovery.
7. Petition for annulment of judgments or final The authorization of the affiant to act on
orders and resolutions [Sec. 1, Rule 47] behalf of the party, whether in the form of a
8. Complaint for injunction [Sec. 4, Rule 58] secretary’s certificate or a special power of
9. Application for appointment of receiver attorney, should be attached to the pleading.
[Sec. 1, Rule 59] [Sec. 4, Rule 7]
10. Application for support pendente lite [Sec.
1, Rule 69] Note: It is submitted that the requirement of the
11. Petition for certiorari against judgments, attachment of the document of authorization
final orders, or resolutions of constitutional implies that the authority of such person may
commissions [Sec. 2, Rule 64] no longer be proven during trial. This,
12. Petition for certiorari [Sec. 1, Rule 65] therefore, overturns existing jurisprudence
13. Petition for prohibition [Sec. 2, Rule 65] which provides that proof of one’s authority to
14. Petition for mandamus [Sec. 3, Rule 65] sign a verification may be taken up during trial.
15. Petition for quo warranto [Sec. 1, Rule 66] [246 Corp v. Daway, G.R. No. 157216 (2003)]
16. Complaint for expropriation [Sec. 1, Rule Proof of authority should already be
67] established by attaching said proof to the
17. Complaint for forcible entry or unlawful pleading.
detainer [Sec. 4, Rule 70]
18. Petition for indirect contempt [Sec. 4, Rule Effect of noncompliance or defective
71] verification
19. Petition for appointment of a general General Rule: A pleading required to be
guardian [Sec. 2, Rule 93] verified that contains a verification based on
20. Petition for leave to sell or encumber "information and belief", or upon "knowledge,
property of the ward by a guardian [Sec. 1, information and belief", or lacks a proper
Rule 95] verification, shall be treated as an unsigned
21. Petition for declaration of competency of a pleading. [Sec. 4, Rule 7]
ward [Sec. 1, Rule 97]
22. Petition for habeas corpus [Sec. 3, Rule Note: An unsigned pleading produces no legal
102] effect and is a “mere scrap of paper.”
23. Petition for change of name [Sec. 2, Rule
103] Exception: Lack of verification is a mere
24. Petition for voluntary judicial dissolution of formal, and not a jurisdictional, requirement. As
a corporation [Sec. 1, Rule 104] such, a defect in the verification does not
25. Petition for cancellation or correction of render the pleading fatally defective and the
entries in the civil registry [Sec. 1, Rule court may order its subsequent submission
108] or correction if such serves the ends of
justice. [Vda. de Formoso v. PNB, 650 SCRA
How Verified 35 (2001)]
By an affidavit under oath with the following
attestations: iv. Certification Against Forum
a. The allegations in the pleading are true and Shopping
correct based on personal knowledge or
authentic documents; Forum shopping
b. The pleading is not filed to harass, cause The repeated availment of several judicial
unnecessary delay, or needlessly increase remedies in different courts, simultaneously or
the cost of litigation; and successively, all substantially founded on the
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same transactions and the same essential Rationale: The plaintiff, not the counsel, is in
facts and circumstances, and all raising the best position to know whether he or it has
substantially the same issues, either pending in actually filed or caused the filing of a petition.
or already resolved adversely by some other Certification signed by counsel without proper
court [Asia United Bank v. Goodland Company, authorization is defective, and a valid cause for
Inc., G.R. No. 191388 (2011)] dismissal [Anderson v. Ho, G.R. No. 172590
(2013)]
Test to determine existence of forum
shopping Exception: Authorized person, usually
Whether in the two or more cases pending, counsel
there is identity of
1. Parties If, for justifiable reasons, the party-pleader is
2. Rights or causes of action, and unable to sign, he must execute a Special
3. Relief sought Power of Attorney designating his counsel of
[Huibonhoa v. Concepcion, G.R. No. 153785 record to sign on his behalf [Vda. de Formoso
(2005)] v. PNB, G.R. No. 154704 (2011)] In cases of a
juridical entity, the certification may be
Certificate of Non-Forum Shopping (CNFS) executed by a properly authorized person
The plaintiff or principal party shall certify through due authorization by a board
under oath in the complaint or other resolution. [Cosco v. Kemper, 670 SCRA 343
initiatory pleading asserting a claim for relief (2012)]
or in a sworn certification annexed thereto and
simultaneously filed therewith Note: Similar to the new requirement under
1. That he or she has not commenced any verification, the authorization of the affiant to
action or filed any claim involving the same act on behalf of the party, should be attached
issues in any court, tribunal or quasi- to the pleading.
judicial agency and, to the best of his
knowledge, no such other action is pending Effect of noncompliant CNFS
2. If there is such other pending action or Defect Effect
claim, a complete statement of the present Not curable by mere
status thereof, and amendment of the
3. If he or she should learn that the same or a
complaint or other
similar action or claim has been filed or is
pending, he shall report that fact within 5 initiatory pleading
calendar days to the court wherein his Failure to comply
aforesaid complaint or initiatory pleading with the Cause for dismissal
has been filed. [Sec. 5, Rule 7] requirements of the case, without
prejudice, unless
What pleadings require a certification
otherwise provided,
against non-forum shopping (Initiatory
upon motion and
pleadings)
1. Complaint after hearing
2. Permissive counterclaim False certification Constitutes indirect
3. Cross-claim contempt of court,
4. Third (fourth, etc.) party complain Non-compliance with
without prejudice to
5. Complaint-in-intervention any of the
administrative and
undertakings therein
criminal actions
Who signs:
General Rule: Plaintiff or Principal party When there is willful Ground for summary
and deliberate forum dismissal, with
shopping prejudice
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Malice, intent, knowledge or other condition of Effect of failure to deny under oath
the mind of a person may be averred generally The genuineness and due execution of the
[Sec. 5, Rule 8] actionable document is deemed admitted.
[Sec. 8, Rule 8]
ii. Pleading an actionable document
Meaning of due execution and genuineness
Actionable document That the party whose signature it bears admits
Whenever an action or defense is based or that he signed it or that it was signed by another
founded upon a written instrument or for him with his authority; that it was in words
document, said instrument or document is and figures exactly as set out in the pleading of
deemed an actionable document [1 Riano the party relying upon it; that the document was
359, 2014 Bantam Ed.] delivered and that any formal requisites
required by law, such as a seal, an
Pleading the document acknowledgment, or revenue stamp, which it
1. The substance of such document shall be lacks, are waived by him [Hibberd v. Rohde
set forth in the pleading, and and Mcmillian, G.R. No. 8418 (1915)]
2. The original or a copy thereof shall be
attached to the pleading as an exhibit. iii. Specific denials
[Sec. 7, Rule 8]
The purpose of requiring the defendant to
Note: The Amended Rules deleted the make a specific denial is to make him disclose
provision allowing for the copying of the the matters alleged in the complaint which he
instrument on the pleading. Therefore, such is succinctly intends to disprove at the trial,
no longer allowed as a means of pleading an together with matters which he relied upon to
actionable document. This means that setting support the denial. [Philippine Bank of
forth the substance of the actionable Communications v. Go, G.R. No. 175514
document and the attachment of such to the (2011)]
pleading is the only way to plead the document
under the Amended Rules. A denial does not become specific merely
because it is qualified by the word “specific” or
A variance in the substance of the document “specifically”. [Republic v. Gimenez, G.R. No.
set forth in the pleading and the document 174673 (2016)]
annexed thereto does not warrant dismissal of
the action. [Convets Inc. v. National Dev. Co., Material averments in any pleading asserting
G.R. No. L-10232 (1958)] a claim, other than those as to the amount of
unliquidated damages, shall be deemed
How to contest an actionable document admitted when not specifically denied. [Sec.
General rule: 11, Rule 8]
The adverse party, under oath, specifically
denies them, and sets forth what he or she Note: Under the previous Rules, only material
claims to be the facts averments in the complaint were deemed
admitted if not specifically denied. Under the
Exceptions: The requirement of an oath does Amended Rules widens the scope of such rule
not apply when: to include any pleading asserting a claim. It
1. The adverse party does not appear to be a is submitted, therefore, that this rule now
party to the instrument, or covers:
2. Compliance with an order for an inspection 1. Counterclaims
of the original instrument is refused. [Sec. 2. Cross-claims (both compulsory and
8, Rule 8] permissive)
3. Third (fourth, etc.) party complaints, and
4. Complaints-in-intervention.
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As to answers, any new allegations set forth Thus, the following are the affirmative
therein are deemed controverted. [Sec. 10, defenses that should be raised in the answer:
Rule 6] Under Sec. 5(b), Rule 6, 1st paragraph:
1. Fraud,
1. Effect of failure to make specific 2. Statute of limitations,
denials 3. Release,
4. Payment,
General rule: Material averments in a pleading 5. Illegality,
asserting a claim or claims shall be deemed 6. Statute of frauds,
admitted when not specifically denied [Sec. 11, 7. Estoppel,
Rule 8] 8. Former recovery,
9. Discharge in bankruptcy, and
Exceptions: 10. Any other matter by way of confession and
The following averments in the complaint are avoidance.
not deemed admitted even if not specifically
denied: Note: The court is allowed to conduct a
1. Amount of unliquidated damages [Sec. 11, summary hearing within 15 calendar days
Rule 8] from the allegation of these affirmative
2. Conclusions in a pleading, because it is for defenses in the answer. After such hearing,
a court to make conclusions, and they must be resolved by the court within 30
3. Non-material allegations or averments, calendar days from the end of the summary
because the rules provide that only hearing. [Sec. 12(d), Rule 8]
material allegations have to be denied. [1
Riano 300, 2016 Bantam Ed.] Under Sec. 5(b), Rule 6, 2nd paragraph
11. Lack of jurisdiction over the subject matter;
2. When a specific denial requires 12. Litis pendentia, and
an oath 13. Res judicata.
Specific denial under oath is required for the Note: Curiously, the Amended Rules do not
denial of the genuineness and due execution of provide a time for which the court must act on
an actionable document. But, as previously these grounds when they are alleged as
mentioned, an oath is not required when the affirmative defenses in the answer. Section 12,
adverse party does not appear to be a party to Rule 8 merely provides for a period for the
the instrument or when compliance with an affirmative defenses listed in the first
order for inspection of the original instrument is paragraph of Sec. 5(b), Rule 6 and not for
refused. [Sec. 8, Rule 8] those listed under the second paragraph of
such rule.
Note: The provisions on usury were deleted by
the amended rules. Under Sec. 12, Rule 8:
14. Lack of jurisdiction over the person of the
iv. Affirmative defenses defendant,
15. Improper venue,
A defendant shall raise his or her affirmative 16. Lack of legal capacity to sue of the plaintiff,
defenses in the answer. [Sec. 12, Rule 8] 17. Failure to state a cause of action, and
18. Failure to comply with a condition
The grounds shall be limited to those under precedent.
Sec. 5(b), Rule 6 and those enumerated under
Sec. 12, Rule 8. Note: The court must motu proprio resolve
these affirmative defenses within 30 calendar
days from the filing of the answer. [Sec. 12(c),
Rule 8]
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Effect of failure to raise the affirmative 3. Upon the court’s own initiative at any time.
defense at the earliest opportunity [Sec. 13, Rule 8]
General rule: Failure to raise an affirmative
defense in the answer or at the earliest e. Effect of failure to plead
opportunity constitutes a waiver of the
defense. i. Failure to plead defenses and
objections
Exception: Non-waivable grounds
1. Lack of jurisdiction over the subject matter; General rule: Defenses and objections not
2. Litis pendentia; pleaded in either a motion to dismiss or in the
3. Res judicata; and answer are deemed waived [Sec. 1, Rule 9]
4. Statute of limitations. [Sec. 1, Rule 9]
Exceptions:
Note: If the non-waivable grounds are not The court shall dismiss the case when it
raised in the answer, the Amended Rules appears from the pleadings or the evidence on
allow them to be proper grounds for a record that:
motion to dismiss. [Sec. 12, Rule 15] With the 1. The court has no jurisdiction over the
deletion of Rule 16, and consequently the time subject matter,
for filing of a motion to dismiss, it seems that 2. There is another action pending between
the Amended Rules do not provide for a the same parties for the same cause (litis
specific period where the filing of a motion to pendentia),
dismiss may be done. 3. The action is barred by a prior judgment
(res judicata), or
Remedy if the affirmative defense is denied 4. The action is barred by statute of limitations
Affirmative defenses, if denied, shall not be the (prescription). [Sec. 1, Rule 9]
subject of a motion for reconsideration, or a
petition for certiorari, prohibition, or Note: The Amended Rules provide that the
mandamus, but may be among the matters to aforementioned grounds are the only grounds
be raised on appeal after a judgment on the allowed in a motion to dismiss. [Sec. 12 (a),
merits. [Sec. 12(e), Rule 8] Rule 15]
Note: If denied, the case will proceed to trial. ii. Failure to plead compulsory
The defendant may raise the matter on appeal counterclaim and cross-claim
after judgment on the merits.
General rule: A compulsory counterclaim, or a
v. Striking out of a pleading cross-claim, not set up shall be barred. [Sec. 2,
Rule 9]
The court may order any pleading to be
stricken out or that any sham or false, Exceptions:
redundant, immaterial, impertinent, or 1. Omitted Counterclaim or Cross-claim
scandalous matter be stricken out therefrom. When a pleader fails to set up a
[Sec. 13, Rule 8] counterclaim or cross-claim through
oversight, inadvertence, or excusable
How done neglect, or when justice requires, he may,
1. Upon motion by a party before responding by leave of court, set up the counterclaim or
to a pleading; cross-claim by amendment before
2. Upon motion by a party within 20 calendar judgment. [Sec. 10, Rule 11]
days after service of the pleading upon him
or her, if no responsive pleading is allowed 2. Counterclaim or Cross-claim after
by the rules; or Answer
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The rule on default clearly establishes the A party in default may still participate as a
“failure to answer within the time allowed witness. [Cavili v. Florendo, G.R. No. 73039
therefor” as the ground for a declaration of (1987)]
default [Sec. 3, Rule 9].
The court may either:
Failure to attend the pre-trial does not result a. Proceed to render judgment granting the
in the "default" of the defendant. Instead, the claimant such relief as his or her pleading
failure of the defendant to attend shall be cause may warrant, or
to allow the plaintiff to present his evidence ex b. Require the claimant to submit evidence;
parte and the court to render judgment on the such reception of evidence may be
basis thereof [Aguilar v. Lightbringers Credit delegated to the clerk of court.
Cooperative, G.R. No. 209605 (2015)] [Sec. 3, Rule 9]
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default. However, the grounds that may be Relief after judgement has become final and
raised in such an appeal are restricted to any executory
of the following: He may file a petition for relief under Rule 38
a. The failure of the plaintiff to prove the [Lina v. CA, G.R. No. L-63397 (1985)]
material allegations of the complaint;
b. The decision is contrary to law; and These remedies presuppose that the
c. The amount of judgment is excessive or defending party was properly declared in
different in kind from that prayed for. default, but it is submitted, however, that
certiorari will lie when said party was
In these cases, the appellate tribunal should improperly declared in default. [1 Riano 374,
only consider the pieces of evidence that were 2014 Bantam Ed.]
presented by the plaintiff during the ex parte
presentation of his evidence. [Otero v. Tan, iv. Effect of a partial default
G.R. No. 200134 (2012)]
Partial default takes place when the complaint
iii. Relief from an order of default states a common cause of action against
several defendants, and only some of whom
Relief before judgment answer. [Sec. 3, Rule 9]
File a motion under oath to set aside the order
of default upon proper showing that: Effects
a. His or her failure to answer was due to 1. The court should declare defaulting
fraud, accident, mistake or excusable defendants in default, and proceed to trial
negligence, and on answers of others
b. He has a meritorious defense - such that 2. If the defense is personal to the one who
the motion must be accompanied by a answered, it will not benefit those who did
statement of the evidence which he intends not answer.
to present if the motion is granted and
which is such as to warrant a reasonable v. Extent of relief
belief that the result of the case would
probably be otherwise if a new trial is A judgment rendered against a party in default
granted [Kilosbayan v. Janolo, G.R. No. shall neither:
180543 (2010)] [Sec. 3(b), Rule 9] 1. Exceed the amount,
2. Be different in kind from that prayed for, nor
In such a case, the order of default may be set 3. Award unliquidated damages. [Sec. 3(d),
aside in such terms and conditions as the judge Rule 9]
may impose in the interest of justice. [Sec. 3(b),
Rule 9] The fact that the defendant was declared in
default is of no moment when the plaintiff would
Relief after judgment but before it has not have been entitled to relief since his
become final and executory complaint did not state a cause of action, hence
The party declared in default may file: the same should be dismissed. [1 Regalado
a. a motion for new trial under Sec. 1(a), Rule 193, 2010 Ed., citing Reyes v. Tolentino, G.R.
37 [Lina v. CA, G.R. No. L-63397 (1985)], No. L-29142 (1971)].
or
b. an appeal from the judgment as being vi. Actions where default are not
contrary to the evidence or the law allowed
[Republic v. Sandiganbayan, G.R. No.
148154 (2007), cited in 1 Riano 373, 2014 In case of failure to file an answer in an action
Bantam Ed.] for:
1. Annulment or declaration of nullity of
marriage, or
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Papers required to be filed and served c. Exception to the Sun Insurance doctrine
a. Judgment – The Sun Insurance rule allowing payment
b. Resolution of deficiency does not apply where plaintiff
c. Order never demonstrated any willingness to
d. Pleading subsequent to the complaint abide by the Rules to pay the docket fee
e. Written motion but stubbornly insisted that the case filed
f. Notice was one for specific performance and
g. Appearance
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How service by electronic means or party notifies the court of any change as
facsimile is made aforementioned. [Sec. 11, Rule 13]
Service by electronic means Note: Due to the rule providing for such
1. By sending an e-mail to the party’s or presumption, any actual change in the e-mail
counsel’s e-mail address, or addresses or facsimile numbers of the parties
2. Through other electronic means of will not bind the court unless the party gives
transmission. notice of the change.
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vi. Service of judgments, final orders, judgements, final orders, and resolutions as
or resolutions; service of court- dictated by Sec. 13, Rule 13. This is so
issued orders and other because Sec. 13, Rule 13 uses the word “shall”
documents in enumerating the modes of service applicable
to such documents. Electronic service
Service of judgments, final orders, or cannot replace these modes of service, and
resolutions may only supplement the same. It appears,
Judgments, final orders, or resolutions shall be therefore, that the rationale for allowing
served either: electronic service in these cases is to ensure
1. Personally, receipt by the parties to the case.
2. By registered mail,
3. By accredited courier, upon ex parte vii. Conventional service or filing of
motion of any party orders, pleadings, and other
4. By publication, when a party summoned by documents
publication has failed to appear in the
action. Expenses of publication must be General Rule: The following should not be
borne by the prevailing party. [Sec. 13, served or filed electronically, and shall be filed
Rule 13] or served personally or by registered mail:
1. Initiatory pleadings and initial responsive
Note: Curiously, both Sec. 5, Rule 13 and Sec. pleadings (answer);
13, Rule 13 mandate different methods of 2. Subpoena, protection orders, and writs;
service when it comes specifically to 3. Appendices and exhibits to motions, or
“judgements” and “final orders”. It is other documents that are not readily
submitted that the enumeration in Sec. 13, amenable to electronic scanning; and
Rule 13 should govern when it comes to these 4. Sealed and confidential documents or
two court documents, as such rule specifically records.
provides for the method of service of
“judgements” and “final orders”. Sec. 5, Rule Exception: When the court gives express
13 on the other hand, covers the method of permission for them to be filed electronically.
service for a more general list of court [Sec. 14, Rule 13]
documents. Lex specialis derogat legi generali.
Specific provisions of law govern over general 7. When service is deemed
provisions. complete
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Note: This is a new rule introduced by the complaint whose cause of action has not
Amended Rules. The old rule provided that in yet accrued cannot be cured or remedied by
a situation where issues not raised in the an amended or supplemental pleading
pleadings were tried with the consent of the alleging the existence or accrual of a cause of
parties, the pleadings should be subsequently action while the case is pending. [Swagman v.
CA, G.R. No. 161135 (2005)]
amended on motion of a party to conform to
evidence.
iii. Formal amendment
i. Amendment as a matter of right
When proper
a. Defect in the designation of the parties, or
A party may amend his pleading once as a
b. Other clearly clerical or typographical
matter of right
errors
a. At any time before a responsive pleading is
[Sec. 4, Rule 10]
served, or
b. In the case of a reply, at any time within 10
How made
calendar days after it is served
Such defects or errors are summarily
[Sec. 2, Rule 10]
corrected by the court, at any stage of the
action, at its initiative or on motion, provided no
A motion to dismiss is not a responsive
prejudice is caused thereby to the adverse
pleading and does not preclude the exercise of
party.
the plaintiff’s right to amend his complaint.
[Sec. 4, Rule 10]
[Remington Industrial Sales v. CA, G.R. No.
133657 (2002)]
iv. Effect of amended pleading
ii. Amendments by leave of court
1. Supersedes the pleading that it amends,
2. Admissions in the superseded pleadings
Substantial amendments may be made only
may be offered in evidence against the
upon leave of court [Sec. 3, Rule 10]
pleader
Requisites
a. Motion for leave of court, accompanied by Note: The amended rules changed the
the amended pleading sought to be word “received” into “offered”, meaning
admitted; [Sec. 10, Rule 15] that the admissions in the superseded
b. Notice is given to the adverse party; and pleadings may not necessarily be received
c. Parties are given the opportunity to be in evidence. They are considered
heard. [Sec. 3, Rule 10] extrajudicial admissions.
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Rules for service of summons by plaintiff Note: The old provision provides for
The court shall authorize the plaintiff to serve “tendering” as a means of service whenever
summons together with the sheriff upon ex handing a copy to the defendant in person is
parte motion in 2 instances: not possible. The amendment merely explains
1. In case of failure of service of summons by what tendering means and how it is done.
the aforementioned persons, or
2. In cases where summons is to be served e. Substituted service
outside the judicial region of the court
where the case is pending. When availed of
- Note: There is no need for prior failure Substituted service may be availed of when for
to serve in this case before the plaintiff justifiable reasons, the defendant cannot be
may be authorized by the court to served personally after at least 3 attempts on 2
serve. different dates. [This reflects the ruling in the
case of Manotoc v. CA, 499 SCRA 21 (2006)]
If the plaintiff is a juridical entity
1. It shall notify the court, in writing, name its Note: As per Sec. 20, Rule 14, the attempts
authorized representative, and must be done within the 30 calendar day period
2. A board resolution or secretary’s certificate provided for the completion of service of
must be attached stating that such summons.
representative is duly authorized to serve
the summons on behalf of the plaintiff. How done [Sec. 6, Rule 14]
1. By leaving copies of the summons at the
If the plaintiff misrepresents that the defendant's residence to a person at
defendant was served summons, and it is least eighteen (18) years of age and of
later proved that no summons was served: sufficient discretion residing therein;
a. The case shall be dismissed with • To be of sufficient discretion, a
prejudice, person must know how to read and
b. The proceedings shall be nullified, and understand English to comprehend the
c. The plaintiff shall be meted appropriate import of the summons, and fully
sanctions. realize the need to deliver the
summons and complaint to the
If summons is returned without being defendant at the earliest possible time
served on any or all the defendants, for the person to take appropriate
The court shall order the plaintiff to cause the action. [Prudential Bank v. Magdamit,
service of summons by other means available G.R. No. 183795 (2014)]
under the Rules. 2. By leaving copies of the summons at the
• Failure to comply with the order shall lead defendant's office or regular place of
to dismissal without prejudice. [Sec. 3, business with some competent person in
Rule 14] charge thereof.
• A competent person includes, but is not
d. Personal service limited to, one who customarily
receives correspondences for the
How done defendant;
1. By handing a copy to the defendant in • Must be the one managing the office or
person and informing the defendant that he business of the defendant, such as the
or she is being served, or president or manager; and such
2. If he or she refuses to receive and sign for individual must have sufficient
it, by leaving the summons within the view knowledge to understand the obligation
and in the presence of the defendant. [Sec. of the defendant in the summons, its
5, Rule 14] importance, and the prejudicial effects
arising from inaction on the summons.
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must answer, which shall not be less than 60 Note: Such service shall not bind any person
calendar days after notice. [Sec. 17, Rule 14] whose connection with the entity has, upon due
notice, been severed before the action was
h. Service upon prisoners and filed. [Sec. 7, Rule 14]
minors; upon spouses
Upon domestic private juridical entity
Upon prisoners Service is effected upon:
Where the defendant is a prisoner confined a. The president,
in a jail or institution, service shall be effected b. Managing partner,
upon him by the officer having the c. General manager,
management of such jail or institution. d. Corporate secretary,
• Such officer is deemed a special sheriff e. Treasurer, or
• He or she shall file a return within 5 f. In- house counsel.
calendar days from service of summons.
[Sec. 8, Rule 14] Service may be effected wherever they may be
found, or in their absence or unavailability, on
Upon minors or incompetent persons their secretaries. [Sec. 12, Rule 14]
Where the defendant is a minor, insane, or
incompetent person, service of summons shall Note: This is a new provision that seeks to
be made: address the issue of plaintiffs under the old
a. Upon him or her personally, and rules frequently having to ask for alias
b. On his or her legal guardian summons that would include new addresses of
i. If none, on his or her guardian ad litem the officers. This is in line with the amended
whose appointment shall be applied for rule that alias summons will only be issued for
by the plaintiff lost summons.
ii. In the case of a minor, on his or her
parent or guardian. [Sec. 10, Rule 14] If service cannot be made on the enumerated
officers or their secretaries, it shall be made
Upon spouses upon the person who customarily received
When spouses are sued jointly, service of the correspondence for the defendant at its
summons should be made to each spouse principal office. [Sec. 12, Rule 14]
individually. [Sec. 11, Rule 14]
Note: A person who customarily receives
correspondence is also a person to whom
i. Service upon domestic or
substituted service of summons may be made
foreign private juridical entities after at least 3 attempts on 2 different dates.
[Sec. 6, Rule 14] However, with such provision
Upon an entity without juridical personality
under this section, it appears that the
a. When applicable
requirement of 3 attempts on 2 different dates
1. Persons are associated in an entity
does not apply in this instance. As soon as
without juridical personality, and
service cannot be made on the officers or their
2. They are sued under the name by secretaries, service can already be made on
which they are generally or commonly
the person customarily receiving
known correspondence.
b. Service may be effected upon all the
defendants by serving upon Domestic juridical entity under receivership
1. Any one of them, or
or liquidation
2. The person in charge of the office or
Service of summons shall be made on the
place of business maintained in such receiver or liquidator. [Sec. 12, Rule 14]
name.
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c. Party alleging valid summons will now c. With supporting affidavits and other
prove that summons was indeed served. papers if
[Heirs of Manguiat v. CA, G.R. No. 150768 i. Required by the ROC, or
(2008)].
ii. Necessary to prove facts alleged
d. If there are no valid summons, the court did
not acquire jurisdiction which renders null therein. [Sec. 3, Rule 15]
and void all subsequent proceedings and
issuances. [Santiago Syjuco, Inc. v. Form
Castro, G.R. No. 70403 (1989)]. General rule: In writing
The rules applicable to pleadings shall apply to
8. MOTIONS written motions so far as concerns caption,
designation, signature, and other matters of
a. Motions in General form. [Sec. 11, Rule 15]
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f. Motion for the issuance of a writ of motion to dismiss. The grounds, however, are
possession; limited only to lack of jurisdiction over the
g. Motion for the issuance of an order subject matter, litis pendentia, res judicata, and
directing the sheriff to execute the final prescription. [Sec. 12, Rule 15] Notably, the
certificate of sale; and Amended Rules empower the court to dismiss
h. Other similar motions. [Sec. 4, Rule 15] a case motu proprio if the aforementioned non-
waivable grounds are apparent on the face of
v. Omnibus Motion Rule the complaint. [Sec. 1, Rule 14]
General rule: A motion attacking a pleading, The other grounds for a motion to dismiss
order, judgment, or proceeding shall include all under Rule 16 of the old Rules (i.e. lack of
objections then available. All objections not jurisdiction over the person, improper venue,
included in the motion are deemed waived lack of capacity to sue, payment/release,
[Sec. 9, Rule 15] unenforceability under the statute of frauds,
failure to comply with condition precedent) can
Purpose: To require the movant to raise all now only be raised as affirmative defenses.
available exceptions for relief during a single [Sec. 12, Rule 8, citing Sec. 5(b), Rule 6]
opportunity so that multiple and piece-meal
objections may be avoided. [Manacop v. Court When a Motion to Dismiss can be Filed
of Appeals, G.R. No. 104875 (1992)] Under the old Rules, a motion to dismiss
should be filed within the time for filing an
Exceptions: Non-waivable grounds under answer to the complaint. [Sec. 1, Rule 16, 1997
Sec. 1, Rule 9, namely: Rules of Civil Procedure] If a motion to dismiss
a. Lack of jurisdiction over subject matter was denied, the old Rules provided that the
b. Litis pendentia movant may be allowed to file an answer within
c. Res judicata the balance of the period to file an answer, but
d. Prescription [Sec. 9, Rule 15] not less than 5 days in any event. [Sec. 4, Rule
16, 1997 Rules of Civil Procedure]
vi. Prohibited Motions
However, with the repeal of Rule 16 under the
The following motions shall not be allowed: Amended Rules, it seems that the Rules do not
1. Motion to dismiss except on the following provide specifically when a motion to dismiss
grounds: can be filed. It is therefore submitted that it is
• Lack of jurisdiction over the subject unnecessary for the rules to provide a period
matter, for filing a motion to dismiss, since the grounds
• Litis pendentia, or under Sec. 1, Rule 9 are non-waivable. Thus,
• That the action is barred by res judicata a motion to dismiss can be filed at any time
or the statute of limitations. [Sec. 12, during the proceedings, subject to the
Rule 15] exception of estoppel by laches provided for in
Tijam v. Sibonghanoy [23 SCRA 29 (1968)].
Motion to Dismiss
The Amended Rules of Court have deleted Remedies from the Denial of a Motion to
Rule 16 of the old Rules of Court, which Dismiss
formerly dealt with motions to dismiss. Despite
this, the Amended Rules do allow the filing of a
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will be admitted. The Rules authorizes the with sufficient definiteness or particularity to
court, in its discretion, to accept a pleading, enable him properly to prepare his responsive
although filed late. [Sec. 11, Rule 11] pleading. [Sec. 1, Rule 12]
6. Motion for postponement intended for An action cannot be dismissed on the ground
delay, except if it is based on: that the complaint is vague or indefinite. The
• Acts of god, remedy of the defendant is to move for a bill of
• Force majeure, or particulars, or avail of the proper mode of
• Physical inability of the witness to discovery. [Galeon v. Galeon, G.R. No. L-
appear and testify. [Sec. 12, Rule 15] 30380 (1973)]
Note: Sec. 3, Rule 30 allows postponement of The only question to be resolved in such
trial due to illness of party or counsel, provided motion is whether the allegations in the
that their presence is indispensable and that complaint are averred with sufficient
the character of illness is such as to render the definiteness or particularity to enable the
non-attendance excusable. movant to properly prepare his responsive
pleading and to prepare for trial. [Tantuico, Jr.
v. Republic, G.R. No. 89114 (1991)]
b. Motions for Bill of Particulars
Before responding to a pleading, a party may What cannot be done in a bill of particulars
move for a definite statement or for a bill of a. To supply material allegations necessary to
particulars of any matter which is not averred the validity of a pleading
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b. To change a cause of action or defense a. Order the striking out of the pleading or
stated in the pleading the portions thereof to which the order
c. To state a cause of action or defense other is directed, or
than the one stated b. Make such an order as it may deem
d. To set forth the pleader’s theory of his just. [Sec. 4, Rule 12]
cause of action or a Rule of evidence on 2. If the plaintiff fails to obey, his complaint
which he intends to reply may be dismissed by the court. This
e. To furnish evidentiary information [Virata v. dismissal shall have the effect of an
Sandiganbayan, G.R. No. 103527 (1993)] adjudication upon the merits, unless
otherwise declared by the court. [Sec. 3,
ii. Actions of The Court Rule 17]
3. If the defendant fails to obey, his answer
Upon the filing of the motion, the clerk of court will be stricken off and his counterclaim
must immediately bring it to the attention of the dismissed, and he will be declared in
court, which may either default upon motion of the plaintiff. [Sec. 3,
1. Deny, or Rule 9; Sec. 4, Rule 12; Sec. 4, Rule 17] [1
2. Grant the motion outright, or Riano 422, 2011 Ed.]
3. Allow the parties the opportunity to be
heard. [Sec. 2, Rule 12] iv. Effect on The Period To File A
Responsive Pleading
iii. Compliance with the Order and
Effect of Non-compliance Provided that the Motion for Bill of Particulars
is sufficient in form and substance, it stays the
If motion is granted, either in whole or in part, period for the movant to file his responsive
the pleader must file a bill of particulars or a pleading. [1 Riano 422, 2011 Ed.]
more definite statement, within 10 calendar
days from notice of order, unless the court fixes When to file responsive pleading
a different period. 1. After
a. Service of the bill of particulars or of a
The bill of particulars or a more definite more definite pleading, or
statement ordered by the court may be filed b. Notice of denial of his motion
either in a separate pleading or in an amended 2. The moving party may file his responsive
pleading, serving a copy thereof on the pleading
adverse party [Sec. 3, Rule 12] a. Within the period to which he was
entitled at the time of filing his motion,
A bill of particulars becomes part of the b. Which shall not be less than 5 calendar
pleading for which it was intended [Sec. 6, Rule days in any event. [Sec. 5, Rule 12]
12]
9. DISMISSAL OF ACTIONS
Effect of non-compliance
1. If the order is not obeyed, or in case of
insufficient compliance therewith, the court a. Dismissal with Prejudice
may
When a motion to dismiss or an affirmative
defense is granted on the following grounds,
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Note: Sec. 1, Rule 17 refers to “before service”, General rule: Dismissal is without prejudice
not “before filing.”
Exception: Otherwise specified in the order
Withdrawal is not automatic but requires an [Sec. 2, Rule 17]
order by the court confirming the dismissal.
Until thus confirmed, the withdrawal does not Effect on counterclaim
take effect [1 Herrera 1055, 2007 Ed.] The dismissal shall be without prejudice to the
right of the defendant to prosecute his
It is not the order confirming the dismissal counterclaim in a separate action unless
which operates to dismiss the complaint. As within 15 calendar days from notice of the
the name of the order implies, it merely motion he manifests his preference to have his
confirms the dismissal already effected by the counterclaim resolved in the same action [Sec.
filing of the notice [1 Riano 489, 2014 Bantam 2, Rule 17]
Ed.]
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Note: Sec. 2, Rule 17 is clear: the counterclaim [Goldloop Properties Inc. v. CA, G.R.
is not dismissed, whether it is a compulsory or No. 99431 (1992)]
a permissive counterclaim because the rule 3. Fails to comply with the ROC or any court
makes no distinction [1 Riano 491, 2014 order. [Sec. 3, Rule 17]
Bantam Ed.] a. A case may be dismissed for failure to
answer written interrogatories under
d. Dismissal Due to The Fault of Rule 25 even without an order from the
Plaintiff court to answer. [Arellano v. CFI
Sorsogon, G.R. No. L-34897 (1975)]
The complaint may be dismissed upon [also see Sec. 5, Rule 29]
motion of the defendant or upon the court’s
own motion if, for no justifiable cause, the General rule: This dismissal shall have the
plaintiff: effect of an adjudication upon the merits and is
1. Fails to appear on the date of the thus a dismissal with prejudice. [AFP
presentation of his evidence in chief on the Retirement v. Republic, 694 SCRA 118 (2013)]
complaint
a. The plaintiff’s failure to appear at the Exception: Otherwise declared by the court.
trial after he has presented his [Sec. 3, Rule 17]
evidence and rested his case does not
warrant the dismissal of the case on the Note: Under Sec. 3, Rule 14, the plaintiff’s
ground of failure to prosecute. It is failure to comply with the order of the court
merely a waiver of his right to cross- to serve summons shall cause the dismissal
examine and to object to the of the initiatory pleading without prejudice.
admissibility of evidence [Jalover v. This rule can be seen as an exception to the
Ytoriaga, G.R. No. L-35989 (1977)] general rule that dismissal due to failure to
2. Fails to prosecute his action for an comply with the order of the court shall cause
unreasonable length of time, also called as dismissal with prejudice.
non-prosequitur
a. The test for dismissal of a case due to Effect on counterclaim
failure to prosecute is whether or not, Dismissal is without prejudice to the right of the
under the circumstances, the plaintiff is defendant to prosecute his counterclaim in the
chargeable with want of due diligence same or in a separate action [Sec. 3, Rule 17]
in failing to proceed with reasonable
promptitude. [Calalang v. CA, G.R. No. e. Dismissal of Counterclaim,
103185 (1993)] Cross-claim, Or Third-party
b. The dismissal of an action pursuant to Complaint
this Rule rests upon the sound
discretion of the court. [Smith Bell and Provisions of Rule 17 shall apply to the
Co. v. American President Lines Ltd., dismissal of any counterclaim, cross-claim, or
G.R. Nos. L-5304 to L-5324 (1954)] third-party complaint.
c. The action should never be dismissed
on a non-suit for want of prosecution Voluntary dismissal by the claimant by notice
when the delay was caused by the as in Sec. 1, Rule 17 shall be made:
parties looking towards a settlement.
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objections to the faithfulness of the The sufficiency of the written notice of pre-trial
reproductions marked, or their genuineness is irrelevant where evidence shows that
and due execution counsel and the parties actually knew of the
pre-trial. [Bembo v. CA, G.R. No. 116845
Failure without just cause to bring the evidence (1995)]
required shall be deemed a waiver of the
presentation of such evidence. [Sec. 2, Rule When pre-trial conducted
18] The notice of pre-trial shall set pre-trial to be
conducted not later than 60 calendar days
Note: Both waivers mentioned above are from the filing of the last responsive pleading.
based on lack of just cause either to appear [Sec. 1, Rule 18]
during pre-trial or to bring the evidence
required. Contents of Notice of Pre-Trial
The notice of pre-trial shall include the dates
c. Notice of Pre-Trial set for:
a. Pre-trial;
After the last responsive pleading has been b. Court-Annexed Mediation (CAM); and
served and filed, the branch clerk of court shall c. Judicial Dispute Resolution (JDR), if
issue a notice of pre-trial within 5 calendar necessary [Sec. 3, Rule 18]
days from filing. [Sec. 1, Rule 18]
Service of Notice of Pre-Trial
Note: Under the Amended Rules, there is no The notice of pre-trial shall be served on
longer a need for the plaintiff to move ex parte counsel, or on the party if he or she has no
for the case to be set for pre-trial. Such was the counsel [Sec. 3, Rule 18]
case before, as mandated by AM No. 03-1-09-
SC. Under that circular, the plaintiff used to be d. Appearance of Parties; Effect of
burdened with the duty to move ex parte that Failure to Appear
the case be set for pre-trial conference. Such
was done 5 days from the date of the filing of It shall be the duty of the parties and their
the reply. If the plaintiff failed to move for such, counsel to appear at:
it became the duty of the branch clerk of court a. Pre-trial,
to do so. [BPI v. Genuino, G.R. No. 208792 b. Court-annexed mediation, and
(2015)] The Amended Rules have now deleted c. Judicial dispute resolution, if necessary.
the requirement for the plaintiff to move for pre- [Sec. 4, Rule 18]
trial, and has directly vested it with the clerk of
court. Note: Both parties and their counsel are
required to attend. Appearance of either only
The “last pleading” need not be literally the party or his counsel counts as non-
construed as the actual filing of the last appearance, unless:
pleading. For the purpose of pre-trial, the
expiration of the period for filing the last Excused non-appearance
pleading is sufficient. [Sarmiento v. Juan, G.R. Appearance of a party and counsel may only
No. L-56605 (1983)] be excused for:
a. Acts of god,
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A process directed to a person requiring him to When made: must be made so as to allow the
bring with him books, documents, or other witness a reasonable time for preparation and
things under his control [Sec. 1, Rule 21]
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c. By any applicable statute. [Sec. 1, Rule 22] 6. Physical and mental examination of
persons [Rule 28]
How to compute time
The day of the act/event from which the a. Depositions Pending Action;
designated period begins to run is the Depositions Before Action or
excluded and the date of performance Pending Appeal
included.
i. Meaning of Deposition
Note: If the last day of the period falls on a Deposition – taking of testimony out of court
Saturday, Sunday, or legal holiday in the place of any person, whether party to the action or
where the court sits, the time shall not run not but at the instance of a party to the action.
until the next working day. [Sec. 1, Rule 22] It is taken out of court. [1 Riano 438, 2016
Bantam Ed.]
Effect of interruption
Methods
Should an act be done which interrupts the a. By oral examination, or
running of the period, the allowable period after b. By written interrogatory. [Sec. 1, Rule 23]
such interruption shall start to run on the day
after notice of cessation of the cause Kinds of depositions
thereof. 1. Depositions pending action [Rule 23]
2. Depositions before action or pending
appeal [Rule 24]
Note: The day of the act that caused the
interruption, shall be excluded in the Depositions pending action
computation of the period. [Sec. 2, Rule 22] The testimony of any person may be taken
upon ex parte motion of a party.
14. MODES OF DISCOVERY
Note: The attendance of witnesses may be
compelled by the use of subpoena as provided
Discovery
in Rule 21. [Sec. 1, Rule 23]
A device employed by a party to obtain
information about relevant matters on the
Deposition of a person deprived of liberty
case from the adverse party in the preparation
for trial. [1 Riano 437, 2016 Bantam Ed.] The deposition may be taken only by leave of
court on such terms as the court
Purpose prescribes. [Sec. 1, Rule 23]
To permit mutual knowledge before trial of all
Before whom depositions are taken
relevant facts gathered by both parties so that
a. Within the Philippines, it may be taken
either party may compel the other to disgorge
before a
facts whatever he has in his possession [1
i. Judge,
Riano 437, 2016 Bantam Ed.]
ii. Notary public, or
Modes of Discovery iii. Any person authorized to administer
1. Depositions pending actions [Rule 23] oaths, as stipulated by the parties in
2. Depositions before action or pending writing. [Sec. 14, Rule 23]
appeal [Rule 24] [Sec. 10, Rule 23]
3. Interrogatories to parties [Rule 25] b. Within a foreign state or country, it may be
taken
4. Admission by adverse party [Rule 26]
5. Production or inspection of documents or i. On notice before a secretary of
embassy or legation, consul general,
things [Rule 27]
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consul, vice- consul, or consular agent 3. The attendance of the witnesses may be
of the Philippines, compelled by the use of a subpoena [Sec.
ii. Before such person or officer as may 1, Rule 23]
be appointed by commission or under
letters rogatory, or 4. Examination and cross-examination of
iii. Any person authorized to administer deponents may proceed as permitted at
oaths as stipulated by parties in writing. the trial under Secs. 3 to 18 of Rule 132
[Sec. 14, Rule 23] [Sec 3, Rule 23]
[Sec. 11, Rule 23]
5. All objections made at the time of the
Disqualification by interest examination to the qualifications of the
No deposition shall be taken before a person officer taking the deposition, or to the
who is manner of taking it, or to the evidence
a. A relative within the 6th degree of presented, or to the conduct of any party,
consanguinity or affinity, and any other objection to the proceedings,
b. An employee or counsel of any of the shall be noted by the officer upon the
parties, deposition. Evidence objected to shall be
c. A relative within the same degree, or taken subject to the objections [Sec. 17,
employee of such counsel, or Rule 23]
d. Any person financially interested in the
action. Effect of taking depositions
[Sec. 13, Rule 23] A party shall not be deemed to make a person
his own witness for any purpose by taking his
Taking depositions upon oral examination deposition. [Sec. 7, Rule 23]
1. A party desiring to take the deposition of
any person upon oral examination shall Depositions before actions
give reasonable notice in writing to Referred to as perpetuation of testimony
every other party to the action. The because their objective is to perpetuate the
notice shall state: testimony of a witness for future use, in the
a. The time and place for taking the event of further proceedings. [1 Regalado 363,
deposition, 2010 Ed.]
b. The name and address of each person
to be examined, if known, and Requisites
c. if the name is not known, a general a. Any person who desires to perpetuate
description sufficient to identify him or i. his own testimony; or
the particular class or group to which ii. the testimony of another person
he belongs. b. Regarding any matter that may be
Note: On motion of any party upon whom the cognizable in any court of the Philippines.
notice is served, the court may for cause shown [Sec. 1, Rule 24]
enlarge or shorten the time [Sec. 15, Rule 23]
Procedure for deposition before action
2. An order for protection of the parties 1. File a verified petition in the court of the
and the deponent may be issued by the place of the residence of any expected
court where the action is pending: adverse party. The petition shall be entitled
a. After notice is served, in the name of the petitioner and shall show
b. Upon motion by any party or the that:
person to be examined, a. The petitioner expects to be a party to
c. For good cause shown an action in a court of the Philippines
[Sec.16, Rule 23] but is presently unable to bring it or
cause it to be brought,
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Effect of only using a part of the deposition Effect of errors and irregularities in
If only part of a deposition is offered in evidence depositions
by a party, the adverse party may require him Error and
Effect
to introduce all of it which is relevant to the Irregularities
part introduced, and any party may introduce Waived
any other parts. [Sec. 4(d), Rule 23] Objection as to the Unless written
notice for taking a objection is promptly
iii. When May Objections to
deposition served upon party
Admissibility Be Made
giving notice
Subject to the provisions of Sec. 29, Rule 23, Waived
objection may be made at the trial or hearing Unless made
Objection to taking
to receiving in evidence any deposition or part (1) Before taking of
a deposition
thereof for any reason which would require the deposition begins or
because of
exclusion of the evidence if the witness were (2) As soon thereafter
disqualification of
then present and testifying [Sec. 6, Rule 23] as the disqualification
officer before
becomes known or
iv. When May Taking of Deposition whom it is to be
could be discovered
Be Terminated or its Scope taken
with reasonable
Limited diligence
Not waived by failure
When the court/RTC of the place where the Objection to the
deposition is being taken may order the to make them before
competency of a
termination or the scope of the deposition or during the taking of
witness or
limited the deposition
competency,
a. At any time during the taking of the Unless the ground of
relevancy, or
deposition, the objection is one
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materiality of which might have Orders of the court for the protection of
testimony been obviated or parties and deponents:
removed if presented
at that time After notice is served for taking a deposition by
Occurring at oral Waived oral examination, upon motion by any party or
by the person to be examined, and for good
examination and
cause shown, the court may order that:
other particulars
1. The deposition shall not be taken
2. It may be taken only at some designated
Objection in the place other than that stated in the notice
manner of taking 3. It may be taken only on written
the deposition, in interrogatories
the form of 4. Certain matters shall not be inquired into
Unless reasonable
questions or 5. The scope of the examination shall be held
objection thereto is with no one present except the parties to
answers, in the
made at the time of the action and their officers or counsel
oath or
taking the deposition 6. After being sealed the deposition shall be
affirmation, or in
conduct of parties opened only by order of the court
7. Secret processes developments, or
and errors of any
research need not be disclosed
kind which might
8. The parties shall simultaneously filed
be obviated or specified documents or information
removed if promptly enclosed in sealed envelope to be opened
prosecuted as directed by the court
Waived 9. The court may make any other order which
Unless served in justice requires to protect the party or
writing upon the party witness from annoyance, embarrassment,
propounding them or oppression
Objections to the [Sec. 16, Rule 23]
within the time
form of written
allowed for serving
interrogatories b. Written Interrogatories to
succeeding cross or
under Sec. 25 and Adverse Parties
other interrogatories
26
and within 3 days after
service of last Purpose: To elicit material and relevant facts
interrogatories from any adverse parties [Sec. 1, Rule 25]
and to assist the parties in clarifying the issues
authorized
and in ascertaining the facts involved in a case.
Waived [Philippine Health Insurance Corp vs Our Lady
Unless a motion to of Lourdes Hospital, G.R. No. 193158 (2015)]
In the manner in suppress the
which testimony deposition or some Note: As compared to a bill of particulars
is transcribed or part thereof is made which is directed to a pleading and designed
the deposition is with reasonable to seek for a more definite statement or for
dealt with by the promptness after such particulars in matters not availed with sufficient
officer under Sec. defect is ascertained, definiteness in a pleading, interrogatories are
17, 19, 20, and 26 or with due diligence not directed against a particular pleading and
might have been, what is sought is the disclosure of all material
and relevant facts from a party. [1 Riano 447,
ascertained
2016 Bantam Ed.]
[Sec. 29, Rule 23]
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Production or Procedure
Subpoena duces A motion for the examination is filed in the
inspection of
tecum court where the action is pending:
documents
May be directed to a. Showing good cause for the examination,
Limited to the parties b. With notice to the party to be examined,
non- party [Sec. 1,
of the action [Sec. 1, and to all other parties, and
Rule 21 refers to “a
Rule 27] c. Specifying the time, place, manner,
person”]
conditions, scope, and person conducting
Issued upon motion the examination.
May be issued upon
of any party [Sec. 1, [Sec. 2, Rule 28]
ex parte application
Rule 27]
Must show good Need not show good Report of findings
cause [Sec. 1, Rule cause [see Secs. 3 A copy of the detailed examination report shall
27] and 4, Rule 21] be given by the party causing the examination
Grounds for quashal upon request by the party examined.
(1) Unreasonable,
oppressive, Note: The party causing the examination shall
then be entitled, upon request, to receive from
May be quashed for irrelevant
the party examined, a report of any
lack of good cause
examination previously or subsequently made.
shown (2) Failure to [Sec. 3, Rule 28]
advance reasonable
costs of production Refusal to deliver the report
[Sec. 4, Rule 21] If the party examined refuses to deliver such
Disobedience would report, the court on motion and notice may
allow court to make make an order requiring delivery on such
such orders in terms as are just
regard to the refusal If a physician fails or refuses to make such a
as are just, and report the court may exclude his testimony if
among others, an offered at the trial.
[Sec. 3, Rule 28]
order refusing to
Disobedience
allow the disobedient
constitutes contempt Waiver of privilege
party to support or The party examined waives any privilege
of court [Sec. 9, Rule
oppose designated regarding the testimony of every other person
21]
claims or defenses who has examined or may thereafter examine
or prohibiting him him in respect of the same mental/physical
from introducing in examination by:
evidence designated a. Requesting and obtaining a report of the
documents or things examination ordered, or
or items of testimony b. Taking the deposition of the examiner.
[Sec. 3(b), Rule 29] [Sec. 4, Rule 28]
2. Where from the pleadings, affidavits, •The total of which shall in no case
depositions and other papers, there is exceed 90 calendar days.
actually no genuine issue, the court may d. If deemed necessary, the court shall set
render a summary judgment [Rule 35] the presentation of the parties’ rebuttal
3. Where the parties have entered into a evidence
compromise or an amicable settlement • Shall be completed within 30 calendar
either during the pre-trial or while the trial is days.
in progress [Rule 18; Art. 2028, Civil Code] [Sec. 1, Rule 30]
4. Where the complaint has been dismissed
with prejudice, or when the dismissal has Periods for presentation of evidence
the effect of an adjudication on the merits General Rule: The presentation of evidence of
[Sec. 13, Rule 15; Sec. 3, Rule 17; Sec. 5, all parties shall be terminated within 10
last par., Rule 7] months or 300 calendar days.
5. Where the case falls under the Rules on
Summary Procedure, and Exception: If there are no third (fourth-etc.)-
6. Where the parties agree, in writing, upon party claim, counterclaim, or cross-claim, the
the facts involved in the litigation and presentation of evidence shall be terminated
submit the case for judgment on the facts within 6 months or 180 calendar days.
agreed upon, without the introduction of
evidence [Sec. 7, Rule 30] Note: Trial dates may be shortened depending
[1 Riano 563, 2014 Bantam Ed.] on the number of witnesses to be presented.
[Sec. 1, Rule 30]
Schedule of Trial
The parties shall strictly observe the scheduled Period of decision
hearings as agreed upon and set forth in the The court shall decide and serve copies of its
pre-trial order. [Sec. 1, Rule 30] decision to the parties within a period not
exceeding 90 calendar days from submission
Trial dates of the case for resolution, with or without
The schedule of trial dates shall be continuous memoranda. [Sec. 1, Rule 30]
and within the following periods:
a. Initial presentation of plaintiff’s evidence Hearing days
• Shall be set not later than 30 calendar Trial shall be held from Monday to Thursday.
days after termination of pre-trial • Courts shall call the cases at exactly
conference 8:30am and 2:00pm pursuant to A.C.
• Plaintiff shall be allowed to present No. 3-99.
evidence within a period of 3 months or • Hearing on the motions shall be held on
90 calendar days which shall include Fridays pursuant to Sec. 8, Rule 15.
the date of JDR. [Sec. 4, Rule 30]
b. Initial presentation of defendant’s
evidence Court calendars
• Shall be set not later than 30 calendar All courts shall ensure the posting of their court
days after the court’s ruling on calendars outside their courtrooms at least 1
plaintiff’s formal offer of evidence. day before the scheduled hearings. [Sec. 4,
• Defendant shall be allowed to present Rule 30]
evidence within a period of 3 months or
90 calendar days. a. Adjournments and
c. The period for presentation of evidence on Postponements
the third (fourth-etc.)- party claim,
counterclaim, or cross-claim shall be A court may adjourn a trial from day to day,
determined by the court. and to any stated time, as the expeditious and
Note: The party who caused the postponement Motion to postpone trial based on illness of a
is warned that presentation of its evidence party or counsel may be granted if
must be terminated on the remaining dates accompanied by affidavit or sworn
previously agreed upon. certification showing:
1. The presence of such party or counsel at
Limitations on the authority to adjourn the trial is indispensable; and
General rule: The court has no power to 2. That the character of his or her illness is
adjourn a trial for a period longer than 1 month such as to render his non-attendance
for each adjournment; nor more than 3 excusable
months in all. [Sec. 3, Rule 30]
Exception: When authorized in writing by the Note: Such ground for postponement of trial
Court Administrator, Supreme Court. was initially under Section 4 of the same rule.
[Sec. 2, Rule 30]
c. Agreed Statement of Facts
Postponement
A motion for postponement should not be filed When all facts are agreed upon
in the last hour especially when there is no The parties may agree, in writing, upon the
reason why it could not have been presented facts involved in the litigation, and submit the
earlier. [Cañete v. Judge, CFI Zamboanga del case for judgment on the facts agreed upon,
Sur, G.R. No. L-21743 (1968)] without the introduction of evidence.
Postponements lie in the court’s discretion. When only some facts are agreed upon
[Hap Hong Hardware Co., Inc. v. Philippine If the parties agree only on some of the facts in
Milling Company, G.R. No. L-16778 (1961)] issue, trial shall be held as to the disputed facts
in such order as the court shall prescribe.
b. Requisites of Motion to [Sec. 7, Rule 30]
Postpone Trial
An agreed statement of facts is conclusive
i. For Absence of Evidence on the parties, as well as on the court. Neither
of the parties may withdraw from the
Under the Old Rules, specifically Sec. 3 of Rule agreement, nor may the court ignore the same.
30, postponement of trial for absence of [McGuire v. Manufactures Life, G.R. L-3581
evidence was allowed provided that the motion (1950)]
for such was accompanied by an affidavit
showing the materiality/ relevance of the
evidence and that due diligence has been used d. Order of Trial; Reversal of Order
to procure it. Under the revised rules, however,
such section has been deleted, meaning that Order of trial
absence of evidence can no longer be used General Rule: Trial shall be limited to the
as a basis for postponement of trial. issues stated in the pre-trial order and proceed
as follows:
Under Sec. 12(f), Rule 15, postponement may a. Presentation of plaintiff’s evidence in chief
only be allowed due to acts of god, force b. Presentation of defendant’s evidence in
majeure, or physical inability of the witness to chief and evidence in support of his
appear and testify. The amended Sec. 3 of counterclaim, cross-claim and 3rd-party
Rule 30 also provides for an additional ground complaint
which is illness of a party or counsel.
6. Judgment must state clearly the facts and 7. Conditional Judgment – One whose
the law upon which the decision is based, effectivity depends upon the occurrence or
signed by the judge and filed with the clerk non-occurrence of an event; generally void
of court. [Sec. 1, Rule 36; Sec. 14, Art VIII, because of the absence of a disposition.
1987 Constitution] [Cu- Unjieng v. Mabalacat Sugar Co., G.R.
No. 45351 (1940)]
KINDS OF JUDGMENT 8. Several Judgments – Rendered by a
1. Judgment by compromise – Rendered court against one or more defendants and
on the basis of a compromise agreement not against all of them, leaving the action to
entered into between the parties to the proceed against the others [Sec. 4, Rule
action. [1 Riano 606, 2014 Bantam Ed., 36]. A several judgment is proper where
Diamond Builders Conglomeration v. the liability of each party is clearly
Country Bankers Corp., G.R. No. 171820 separable and distinct from that of his co-
(2007)]. Once approved by the court, a parties such that the claims against each of
judicial compromise is not appealable and them could have been the subject of
it thereby becomes immediately executory separate suits, and judgment for or against
[1 Riano 607, 2014 Bantam Ed.] one of them will not necessarily affect the
2. Judgment by confession (cognovit others. In actions against solidary debtors,
actionem) – Rendered by the court when a several judgment is not proper [1
a party expressly agrees to the other Regalado 424, 2010 Ed.].
party’s claim or acknowledges the validity 9. Separate Judgment – Rendered to
of the claim against him. [1 Riano 609, dispose of a claim among several others
2014 Bantam Ed., see also PNB v. Manila presented in a case, after a determination
Oil, G.R. No. 18103 (1922)] of the issues material to a particular claim
3. Judgment upon the merits – Rendered and all counterclaims arising out of the
after consideration of the evidence transaction or occurrence that is the
submitted by the parties during the trial of subject matter of said claim. [Sec. 5, Rule
the case. A judgment is “on the merits” 36]
when it amounts to a legal declaration of 10. Memorandum Decision – Rendered by
the respective rights and duties of the an appellate court, and incorporates by
parties, based upon the disclosed facts. reference the findings of fact or the
4. Clarificatory judgment – Rendered where conclusions of law contained in the
the previous judgment is ambiguous and decision, order or ruling under review. [1
difficult to comply with. [1 Regalado 417, Riano 581, 2014 Bantam Ed.]
2010 Ed., citing Almendras v. Del Rosario, 11. Declaratory Judgment – Rendered in a
G.R. No. L-20158 (1968)] special civil action for declaratory relief.
5. Judgment nunc pro tunc – Literally, “now [Rule 63]
for then”. It is a judgment intended to enter 12. Foreign Judgment – Rendered by a
into the record the acts which had already tribunal of a foreign country. [Sec 48, Rule
been done, but which do not appear in the 39]
records [Lichauco v. Tan Pho, G.R. No.
19512 (1923)]. It can only be issued when a. Judgment After Pre-trial
the thing ordered has previously been
made, but by inadvertence has not been When the court includes in the pre-trial order
entered. [Vasquez v. CA, G.R. No. 144882 that the case be submitted for summary
(2005)] judgment or judgment on the pleadings,
6. Judgment sin perjuicio – Traditionally judgment shall be rendered within 90 calendar
understood to be a brief judgment days from termination of pre-trial. [Sec. 10,
containing only the dispositive portion. Rule 18]
[Director of Lands v. Sanz, G.R. No. 21183
(1923)]
Note: The court may order such motu proprio From the reference to Rule 15, it follows that a
or upon motion of any party and upon a motion for a judgment on the pleadings is
showing that: considered an allowable litigious motion. As
a. There be no more controverted facts, such, there must be proof of service to the
b. No more genuine issue as to any material other party who shall have 5 calendar days to
fact, file an opposition. From receipt of such, the
c. There be an absence of any issue, or court shall have 15 calendar days to resolve
d. Should the answer fail to tender an issue. the motion.
[Sec. 10, Rule 18]
Note: Any action of the court on a motion for
b. Judgment Without Trial judgment on the pleadings shall not be subject
of an appeal or petition for certiorari, prohibition
When trial is unnecessary: or mandamus. [Sec. 2, Rule 34]
1. Judgment on the Pleadings [Rule 34]
2. Summary Judgment [Rule 35] Judgment on the pleadings is not proper in the
3. Upon compromise or amicable settlement, ff. cases:
either during pre-trial or during trial [Rule a. Declaration of Nullity of Marriage;
18; Art. 2028, Civil Code] b. Annulment of marriage; and
4. Dismissal with prejudice [Sec. 13, Rule 15; c. Legal Separation.
Secs. 3 and 5, Rule 17]
5. Under the Rules on Summary Procedure Note: In such cases, the material facts alleged
6. When there is an agreed statement of facts in the complaint shall always be proved.
[Sec. 7, Rule 30] [Sec. 1, Rule 34]
Test: Whether or not the pleadings, affidavits ii. When the Case Not Fully
and exhibits in support of the motion are Adjudicated
sufficient to overcome the opposing papers
and to justify the finding that, as a matter of law, Partial summary judgment – applies when for
that there is no defense to the action, or the some reason there can be no full summary
claim is clearly meritorious. [Estrada v. judgment. Trial should deal only with the facts
Consolacion, G.R. No. L- 40948 (1976)] not yet specified or established.
i. For the Claimant; For the Duty of the court [Sec. 4, Rule 35]
Defendant If on motion for summary judgment, judgment
is not rendered upon the whole case or for all
When filed the reliefs sought and a trial is necessary, the
1. If sought by the claimant – only after the court may:
answer is served; [Sec. 1, Rule 35] 1. Ascertain which material facts exist without
2. If sought by the defendant – at any time substantial controversy and the extent to
[Sec. 2, Rule 35] which the amount of damages and other
reliefs is not in controversy by
Procedure a. Examining the pleadings and evidence
1. Movant files a motion for summary before it; and
judgment, citing the supporting affidavits, b. Interrogating counsel
depositions, or admissions, and the 2. Make an order which:
specific law relied upon. a. Specifies which facts ascertained are
2. The adverse party may file a comment and deemed established, and
serve opposing affidavits, depositions, b. Directs further proceedings as are just
admissions within 5 calendar days from 3. Conduct trial on the controverted facts
receipt of the motion.
3. A hearing will be conducted only if ordered Effect: A partial summary judgment is not a
by the court final judgment, but merely a pre-trial
- Note: There is no longer a mandatory adjudication that said issues in the case shall
hearing for the motion due to the be deemed established for the trial of the case.
amendment of the rules. This is also [Guevarra v. CA, G.R. No. L-49017 (1983)]
consistent with the amendments to
Rule 15. iii. Affidavits and Attachments
4. Court renders summary judgment.
Form
Note: Any action of the court on a motion for 1. Made on personal knowledge
summary judgment shall not be subject of an 2. Setting forth such facts as would be
appeal or petition for certiorari, prohibition or admissible in evidence
mandamus. 3. Showing affirmatively that the affiant is
[Sec. 3, Rule 35] competent to testify to the matters stated
therein
Note: Damages must still be proven even if not 4. Certified true copies of all papers or parts
denied. Note language of Sec. 3, Rule 35, thereof referenced in the affidavit shall be
“except as to the amount of damages.” attached or served with the affidavit
[Sec. 5, Rule 35]
Bases for summary judgment
a. Affidavits
Conflict between disposition and opinion of A case is deemed submitted for resolution
the court upon the filing of the last pleading, brief or
General rule: The general rule is that where memorandum required by the Rules of Court or
there is conflict between the dispositive portion by the court. [Sec. 15, Art. VIII, Constitution]
or the fallo and the body of the decision, the
fallo controls. An extension of the period may be set by the
Note: This Rule applies only when the SC upon request by the judge concerned on
dispositive part is definite, clear, and account of heavy caseload or by other
unequivocal. [Union Bank v. Pacific Equipment reasonable excuse. Without an extension, a
Corporation, G.R. No. 172053 (2008)] delay in the disposition of cases is tantamount
to gross inefficiency on the part of the judge.
Exception: Where the inevitable conclusion [Arap v. Mustafa, SCC-01-7 (2002)]
from the body of the decision is that there was
a mistake in the dispositive portion, the body of i. Entry of Judgment and Final Order
the decision will prevail. [Rosales v. CA, G.R.
No. 137566 (2001)] Entry of judgment
The entry of judgment refers to the physical
See again “sin perjuicio” judgments above act performed by the clerk of court in
entering the dispositive portion of the judgment
f. Rendition of Judgments and in the book of entries of judgment after the
Final Orders same has become final and executory. [1
Riano 615, 2014 Bantam Ed.]
Rendition of judgment
Pronouncement of the judgment in open court When entered: If no appeal, or motion for new
does not constitute rendition of judgment. It is trial or reconsideration is filed within the time
the filing of the signed decision with the provided in the Rules, the judgment or final
COC that constitutes rendition. Even if the order shall forthwith be entered by the clerk in
judgment has already been put in writing and the book of entries of judgments [Sec. 2, Rule
signed, it is still subject to amendment if it has 36]
not yet been filed with the COC. [Ago v. CA,
G.R. No. L-17898 (1962)] Note: The date of finality of the judgment or
final order shall be deemed to be the date of its
Promulgation of judgment entry. [Sec. 2, Rule 36] This is regardless of the
Promulgation is the process by which a date when the physical act of entry was done.
decision is published, officially announced, [1 Riano 615, 2014 Bantam Ed.]
made known to the public or delivered to the
COC for filing, coupled with notice to the parties Contents of record in the book of entries:
or their counsel. [2 Herrera 151, 2007 Ed., a. Dispositive part of the judgment or final
Neria v. Commissioner of Immigration, G.R. order
No. L-24800 (1968)] b. Signature of the clerk; and
formally offered and closed their evidence 2. The judgment is defective as where a
before judgment. [1 Regalado 432, 2010 Ed.] judgment by default was rendered even
before the reglementary period to answer
Grounds for Motion for Reconsideration had expired.
1. Damages awarded are excessive; 3. The defendant was deprived of his day
2. Evidence is insufficient to justify the in court as when no notice of hearing was
decision or final order; or furnished him
3. Decision or final order is contrary to law. [1 Regalado 435, 2010 Ed.]
[Sec. 1, Rule 37]
A MR shall point out specifically the findings or
Note: If the MR is based on the same grounds conclusions of the judgment or final order
as that for a MNT, it is considered a MNT. which are not supported by the evidence or
[Rodriguez v. Rovira, G.R. No. 45252 (1936)] which are contrary to law, making express
reference to the testimonial or documentary
ii. When to File; Form evidence or to the provisions of law alleged to
be contrary to such findings or conclusions.
Within the period for taking an appeal [Sec. 1,
Rule 37] Note: A pro forma MNT/MR shall not toll the
See Period of appeal below. reglementary period of appeal.
[Sec. 2, Rule 37]
Note: An MNT and MR may only be availed of
by a party to the proceeding. [Alaban vs CA, When MNT considered pro forma
G.R. No. 156021 (2005)] 1. Based on the same ground raised in
preceding MNT/MR already denied;
Contents 2. Contains the same arguments and manner
The motion shall be: of discussion in the prior opposition to a
a. Made in writing, motion to dismiss which was granted;
b. Stating the ground or grounds therefor, and 3. The new ground alleged in the 2nd MNT
c. A written notice of which shall be served by was available and could have been alleged
the movant on the adverse party. in the first MNT which was denied;
4. Based on the ground of insufficiency of
An MNT shall be proved in the manner evidence/that the judgment is contrary to
provided for proof of motions. law, but does not specify the supposed
a. A motion based on FAME - supported by defects in judgment; or
affidavits of merits which may be rebutted 5. Based on FAME but does not specify the
by affidavits. facts constituting these grounds and/or is
b. A motion based on newly-discovered not accompanied by an affidavit of merits.
evidence - supported by affidavits of the [1 Regalado 193, 2010 Ed.]
witnesses by whom such evidence is
expected to be given, or by duly Single-motion rule [Sec. 5, Rule 37]
authenticated documents which are Motion for New Trial
proposed to be introduced in evidence. An MNT shall include all grounds then
available and those not so included shall be
When MNT based on FAME not deemed waived.
accompanied by affidavit of merits • A 2nd MNT, based on a ground not
General rule: Denied existing nor available when the first
motion was made, may be filed within the
Exceptions: time herein provided excluding the time
1. The court has no jurisdiction over the during which the first motion had been
defendant/ subject matter, so the judgment pending.
is null and void
Motion for Reconsideration The court may amend such judgment or final
A 2nd motion for reconsideration of a judgment order. [Sec. 3, Rule 37]
or final order is not allowed.
Partial grant of new trial or reconsideration
Court action If the grounds for a motion under this Rule
The trial court may: appear to the court to affect:
1. (MNT) Set aside the judgment or final order 1. The issues as to only a part, or
and grant a new trial, upon such terms as 2. Less than all of the matter in controversy,
may be just or
2. (MR) Amend such judgment or final order 3. Only one, or less than all, of the parties to
accordingly if the court finds that it,
a. Excessive damages have been the court may order a new trial or grant
awarded or that, or reconsideration as to such issues if
b. Judgment or final order is contrary to severable without interfering with the judgment
the evidence or law or final order upon the rest. [Sec. 7, Rule 37]
3. Deny the motion
[Sec. 3, Rule 37] Partial new trial; effect
When less than all of the issues are ordered
Court resolution retried, the court may either
The motion shall be resolved within 30 days 1. Enter a judgment or final order as to the
from the time it is submitted for resolution. [Sec. rest, or
4, Rule 37] 2. Stay the enforcement of such judgment or
final order until after the new trial.
Note: The 30-day period to resolve the motion [Sec. 8, Rule 37]
is mandatory. [Gonzales v. Bantolo, A.M. No.
RTJ-06-1993 (2006)] v. Remedy When Motion is Denied,
Fresh 15-day Period Rule
iii. Denial of the Motion; Effect
15-day period to file the notice of appeal
An order denying a MNT or MR is not The SC has allowed a fresh period of 15 days
appealable. within which to file the notice of appeal in the
The remedy is an appeal from the judgment or RTC, counted from receipt of the order
final order. [Sec 9, Rule 37] dismissing a MNT/MR.
- The fresh period of 15 days becomes
Note: The order denying the motion may itself significant only when a party opts to file
be assailed by a petition for certiorari under a motion for new trial or motion for
Rule 65. [1 Regalado 437, 2010 Ed.] reconsideration.
[Neypes v. CA, G.R. No. 141524 (2005)]
iv. Grant of the Motion; Effect
Note: What is appealed is the judgment
Grant of MNT itself, not the order denying the MNT/MR.
The original judgment or final order shall be [Sec. 9, Rule 37]
vacated, and the action shall stand for trial de
novo; b. Appeals in General
Note: The recorded evidence taken upon the
former trial, insofar as the same is material and
competent to establish the issues, shall be Nature
used at the new trial without retaking the same. a. The right to appeal is not a constitutional,
[Sec. 6, Rule 37] natural, or inherent right.
b. It is a statutory privilege and of statutory
Grant of MR origin and is available only if granted or if
Proper remedy to
question an
improvident
interlocutory order is
Subject to appeal
a petition for
[Investments, Inc. v.
certiorari under Rule
CA, G.R. No. L-
65 [Silverio Jr. v.
60036 (1987)]
Filipino Business
Consultants, Inc.,
G.R. No. 143312
(2005)]
Not considered
Must express clearly decisions or
and distinctly the judgments within the
facts and the law on constitutional
which it is based. definition [1 Riano
[Sec. 14, Art. VIII, 581, 2014 Bantam
Constitution] Ed., citing Amargo v.
CA, G.R. No.
[Pahila-Garrido v Tortogo, G.R. No. 156358
(2011)]
Modes of Appeal
Notice of
Petition for
Mode appeal/Record Verified petition for Petition for review on
review with the
of on appeal with review with the CA certiorari with the SC
CA [Sec. 2(b),
appeal the CA [Sec. [Sec. 5] [Sec. 2(c), Rule 41]
Rule 41]
2(a)]
File a verified petition File verified petition
Filing a notice File a verified for review in 7 legible for review on
of appeal with petition for copies with the CA, certiorari with the SC
the court review with the with proof of service [Sec. 1]
which CA, paying at of a copy thereof on
rendered the the same time to the adverse party Petitioner shall pay
judgment or the clerk of said and on the court or the corresponding
final order court the agency a quo. The docket and other
appealed from corresponding original copy of the lawful fees to the
and serving a docket and petition intended for COC of the SC and
How copy thereof other lawful the CA shall be deposit the amount
made upon the fees, depositing indicated as such by of PHP 500.00 for
adverse party the amount of the petitioner. costs at the time of
PHP 500.00 for the filing of the
If required, the costs, and Upon the filing of the petition. Proof of
record-on furnishing the petition, the service of a copy
appeal shall RTC and the petitioner shall pay to thereof on the lower
be filed and adverse party the COC of the CA court concerned and
served in like with a copy of the docketing and on the adverse party
manner [Sec. the petition other lawful fees and shall be submitted
2] [Sec. 1] deposit the sum of together with the
PHP 500.00 for costs petition [Sec. 3]
[Sec.5]
Within 15 days from:
Within 15 days 1. Notice of the
from notice of award,
judgment, final
the judgment
Within 15 days order or
or final order Within 15 days from
from notice of resolution, or
appealed from notice of
1. The 2. The date of
1. The judgment or
decision i. its last
Where a final order or
sought to publication, if
record of resolution
be reviewed publication is
Period appeal is appealed from,
or required by
or
of required, file a 2. The denial law for its
2. The denial of the
appeal notice of of effectivity, or
petitioner’s MNT
appeal and a petitioner’s ii. the denial of
or MR filed in
record on MNT or MR petitioner’s
due time after
appeal within filed in due MNT or MR
notice of the
30 days from time after duly filed in
judgment
judgment accordance
notice of the [Sec. 2]
[Sec. 1] with the
judgment or
governing law
final order of the court or
[Sec. 3] agency a quo
[Sec. 4]
3. Rule 42 on petitions for review from the memorandum within the time provided by
RTCs to the CA the ROC
4. Rule 43 on appeals from quasi-judicial 6. Absence of specific assignment of errors in
agencies to the CA, and the appellant’s brief, or of page references
5. Rule 45 governing appeals by certiorari to to the record as required in Sec. 13(a), (c),
the SC (d) and (f) of Rule 44
7. Failure of the appellant to take the
Note: The fresh period rule gives the appellant necessary steps for the correction or
a fresh 15-day period within which to make his completion of the record within the time
appeal from the order denying the MNT, MR, limited by the court in its order;
or any final order or resolution. 8. Failure of the appellant to appear at the
preliminary conference under Rule 48 or to
The new rule aims to regiment or make the comply with orders, circulars, or directives
appeal period uniform, to be counted from of the court without justifiable cause, and
receipt of the order denying the MNT, MR 9. The fact that order or judgment appealed
(whether full or partial) or any final order or from is not appealable
resolution [Neypes v. CA, G.R. No. 141524 [Sec. 1, Rule 50]
(2005)] 10. Appeal under Rule 41 taken from the RTC
to the CA raising only questions of law
vii. Perfection of Appeal 11. Appeal by notice of appeal instead of by
petition for review from the appellate
Perfection of an appeal in the manner and judgment of a RTC
within the period laid down by law is [Sec. 2, Rule 50]
mandatory and jurisdictional [Balgami v. CA,
G.R. No. 131287 (2004)] Other grounds
1. By agreement of the parties (i.e. amicable
Effect of failure to perfect appeal settlement)
a. Defeats a party’s right to appeal, and 2. Where appealed case has become moot or
b. Precludes appellate court from acquiring academic
jurisdiction. 3. Where appeal is frivolous or dilatory
[1 Riano 20, 2011 Ed.] [1 Regalado 644-645, 2010 Ed.]
4. Failure to comply with the requirements adverse party. Failure of the appellant to file
regarding proof of service and contents of a memorandum shall be a ground for
and the documents which should dismissal of the appeal [Sec. 7(b)]
accompany the petition ↓
5. Failure to comply with any circular, Within 15 days from receipt of the appellant’s
directive or order of the SC without memorandum, the appellee may file his
justifiable cause
memorandum [Sec. 7(c)]
6. Error in the choice or mode of appeal, and
↓
7. The fact that the case is not appealable to
the SC. Upon the filing of the memorandum of the
[Sec. 5, Rule 56] appellee, or the expiration of the period to do
so, the case shall be considered submitted
viii. Appeal from Judgments or Final for decision. The RTC shall decide the case
Orders of The Metropolitan Trial on the basis of the entire record of the
Courts/ Municipal Trial Courts/ proceedings had in the court of origin and
Municipal Trial Courts In Cities/ such memoranda as are filed [Sec. 7(d)]
Municipal Circuit Trial Courts
Where taken
Procedure [Rule 40] To the RTC exercising jurisdiction over the
File a notice of appeal with the court that area to which the former pertains. [Sec. 1, Rule
rendered the judgment or final order 40]
appealed from [Sec. 3]
When taken
Within the period for taking an appeal, the 1. Within 15 days after notice to the appellant
appellant shall pay to the clerk of the court of the judgment or final order appealed
which rendered the judgment or final order from.
2. Where a record on appeal is required, the
appealed from the full amount of the
appellant shall file a notice of appeal and a
appellate court docket and other lawful fees
record on appeal within 30 days after
[Sec. 5]
notice of the judgment or final order.
↓ 3. The period of appeal shall be interrupted
Within 15 days from the perfection of the by a timely motion for new trial or
appeal, the COC or the branch COC of the reconsideration. No motion for extension
lower court shall transmit the original record of time to file a motion for new trial or
or the record on appeal, together with the reconsideration shall be allowed.
transcripts and exhibits, which he shall [Sec. 2, Rule 40]
certify as complete, to the proper RTC. A
copy of his letter of transmittal of the records Extension of period to appeal
to the appellate court shall be furnished the Period to appeal may be extended but such
parties [Sec. 6] extension is addressed to the sound discretion
↓ of the court. [Socco v. Garcia, G.R. No. L-
18231 (1962)]
Upon receipt of the complete record or the
record on appeal, the COC of the RTC shall
notify the parties of such fact [Sec. 7(a)]
↓
Within 15 days from such notice, it shall be
the duty of the appellant to submit a
memorandum which shall briefly discuss the
errors imputed to the lower court, a copy of
which shall be furnished by him to the
1. Civil cases decided under the Rule on the CA finds prima facie that the lower court
Summary Procedure, or has committed an error of fact or law that
2. The CA, the law, or ROC provide otherwise will warrant a reversal or modification of the
[Sec. 8(a), Rule 42] appealed decision, it may accordingly give due
course to the petition. [Sec. 6, Rule 42]
Action on petition
The CA may: Whenever the CA deems it necessary, it may
1. Require the respondent to file a comment order the COC of the RTC to elevate the
on the petition, not a motion to dismiss, original record of the case including the oral
within 10 days from notice; or and documentary evidence within 15 days from
2. Dismiss the petition if it finds notice. [Sec. 7, Rule 42]
a. The same to be patently without merit
or prosecuted manifestly for delay, or Submission for decision
b. That the questions raised therein are 1. If the petition is given due course, the CA
too insubstantial to require may
consideration a. set the case for oral argument or
[Sec. 4, Rule 42] b. require the parties to submit
memoranda within a period of 15 days
Note: Under this Rule, appeal is discretionary from notice.
on the CA which may give its due course only 2. The case shall be deemed submitted for
when the petition shows prima facie that the decision upon the filing of the last pleading
lower court has committed error. [1 Riano 600, or memorandum required by these Rules
2011 Ed.] or by the court itself.
[Sec. 9, Rule 42]
Contents of comment
1. In 7 legible copies RULE 45
• Note: Under Sec. 5(b) of the Efficient Appeal by certiorari from the RTC to the SC
Use of Paper Rule [A.M. 11-9-4-SC], via Rule 45
file one original (properly marked) and RTC must have rendered judgment in the
2 copies with their annexes with the CA exercise of its original jurisdiction. [1
2. Certified true copies of such material Regalado 609, 2010 Ed.]
portions of the record referred to therein
3. Together with other supporting papers If the RTC is in exercise of its appellate
4. Whether or not he accepts the statement of jurisdiction, proper remedy is to appeal to the
matters involved in the petition CA via Rule 42 even if only questions of law are
5. Such insufficiencies or inaccuracies as he raised. [1 Regalado 609, 2010 Ed.]
believes exist in petitioner’s statement of
matters involved but without repetition, and Note: A question of law exists when there is a
6. The reasons why the petition should not be doubt/controversy as to what the law is on a
given due course. certain state of facts. There is a question of fact
A copy thereof shall be served on the when the doubt/ difference arises as to the
petitioner. truth/ falsehood of facts. [Ramos v. Pepsi, G.R.
[Sec. 5, Rule 42] No. L-22533 (1967)] If the test is whether the
appellate court can determine the issue
Due course raised without reviewing or evaluating the
1. If upon the filing of the comment or such evidence, it is a question of law. The question
other pleadings as the court may allow or must not involve the examination of the
require, or probative value of the evidence presented.
2. After the expiration of the period for the [Vda. De Arroyo v. El Beaterio, G.R. No. L-
filing thereof without such comment or 22005 (1968)]
pleading having been submitted,
unless the SC shall direct otherwise upon such cases should be taken to the CA under the
terms as it may deem just. [Sec. 8, Rule 64] provisions of Rule 43. [Fabian v. Desierto,
G.R. No. 129742 (1998)]
When the decision, order or resolution Note: The CA has jurisdiction over orders,
adversely affects the interest of any directives and decisions of the Office of the
government agency, the appeal may be taken Ombudsman in administrative disciplinary
by the proper head of that agency. [Sec. 1, cases only. It cannot review the orders,
Rule XII, 2009 Revised Rules of Procedure of directives or decisions of the Office of the
the Commission on Audit] Ombudsman in criminal or non-administrative
cases [Duyon v. The Former Special Fourth
xiv. Review of Final Judgments or Division of the Court Of Appeals, G.R. No.
Final Orders of The Commission 172218 (2014)]
on Elections
Jurisdiction of the SC
Mode of review Decisions of the Ombudsman in criminal cases
A judgment or final order or resolution of the are unappealable. However, where the findings
Commission on Elections (COMELEC) may be of the Ombudsman on the existence of
brought by the aggrieved party to the SC on probable cause (in criminal cases) are tainted
certiorari under Rule 65, except as with grave abuse of discretion amounting to
hereinafter provided. [Sec. 2, Rule 64] lack or excess of jurisdiction, the aggrieved
party may file before the SC a petition for
Unless otherwise provided by law, or by any certiorari under Rule 65. [Duyon v. The
specific provisions in the COMELEC Rules of Former Special Fourth Division of the Court Of
Procedure, any decision, order or ruling of the Appeals, G.R. No. 172218 (2014)]
Commission may be brought to the SC on
certiorari by the aggrieved party within 30 xvii. Review of Final Judgments or
days from its promulgation. [Sec. 1, Rule 37, Final Orders of The National Labor
COMELEC Rules of Procedure] Relations Commission
order of execution [Cayetano v. Ceguerra, G.R. Note: These two periods must concur, are
No. L-18831 (1965)] or an order dismissing an not extendible and are never interrupted.
appeal. [Medran v. CA, G.R. No. L-1350 Strict compliance with these periods stems
(1949)] from the equitable character and nature of the
petition for relief. Such petition is actually the
A party who has filed a timely MNT or MR “last chance” given by law to litigants to
can no longer file a petition for relief from question a final judgment or order. Failure to
judgment after his motion has been denied. avail of such chance, within the grace period
[Francisco v. Puno, G.R. No. L-55694 (1981)] fixed by the Rules, is fatal. [Quelnan v. VHF
Phils, G.R. No. 138500 (2005)]
A petition for relief is not an available remedy
in the SC or the CA. [Purcon vs MRM iii. Contents of Petition
Philippines Inc., G.R. No. 182718 (2008)]
The petition must be:
i. Grounds for Availing of the 1. Verified;
Remedy 2. Accompanied by an affidavit showing the
FAME relied upon; and
1. When judgment or final order is entered, or 3. The facts constituting the petitioner’s good
any other proceeding is thereafter taken and substantial cause of action or defense,
against petitioner through FAME as the case may be.
• Petition is filed in the same court, in the [Sec. 3, Rule 38]
same case with prayer for the
judgment, order, proceeding to be set Note: A petition for relief from judgment may
aside. only be availed of by a party to the proceeding.
[Alaban vs CA, 470 SCRA 697, 705]
2. When petitioner has been prevented from
taking an appeal by FAME The absence of an affidavit of merits is a
• Petition is filed in the same court, in the fatal defect and warrants denial of the petition.
same case with prayer for the appeal to [Fernandez v. Tan Tiong Tick, G.R. No. 15877
be given due course. (1961)] However, it is not a fatal defect so long
[Secs. 1-2, Rule 38] as the facts required to be set out also appear
in the verified petition. [Fabar Inc. v. Rodelas,
Note: “Extrinsic fraud” - fraud which the G.R. No. L-46394 (1977)]
prevailing party caused to prevent the losing
party from being heard on his action or When affidavit of merit is not necessary:
defense. Such fraud concerns not the 1. When there is lack of jurisdiction over the
judgment itself but the manner in which it was defendant;
obtained. [AFP Mutual Benefit Association, Inc. 2. When there is lack of jurisdiction over the
v. RTC-Marikina City, G.R. No. 183906 (2011)] subject matter;
3. When judgment was taken by default;
ii. Time to File Petition 4. When judgment was entered by mistake or
was obtained by fraud; or
1. Within 60 days after the petitioner learns 5. Other similar cases.
of the judgment, final order, or other (1 Regalado 434-435, 2010 Ed.]
proceeding to be set aside, and
2. Not more than 6 months after such Order to file answer
judgment or final order was entered, or If the petition is sufficient in form and
such proceeding was taken. substance to justify relief, the court in which it
[Sec. 3, Rule 38] is filed, shall issue an order requiring the
adverse parties to answer the same within 15
days from the receipt thereof.
he would benefit from his own inaction or prevented from fully exhibiting his side by
negligence. [Republic v. De Castro, G.R. No. fraud or deception practiced on him by his
189724 (2011)] opponents like:
a. Keeping him away from court,
Where filed b. Giving him false promise of a compromise,
Judgment, Final Judgment, Final or
Order or Order or c. Where an attorney fraudulently or without
Resolution of the Resolution of the authority connives at his defeat.
RTC MTC, etc. [Cagayan Economic Zone Authority vs
Meridien Vista Gaming Corp, G.R. No. 194962
Filed with the CA Filed with the RTC
(2016)]
[Sec. 1, Rule 47] [Sec. 19(6), BP 129]
CA has exclusive Note: Use of forged instruments, perjured
RTC as a court of
and original testimonies, or other manufactured evidence is
general jurisdiction
jurisdiction over said not extrinsic fraud since such evidence does
under Sec. 19(6), BP
action under Sec. not preclude a party’s participation in trial.
129
9(2) of BP 129 [Bobis v. CA, G.R. No. 113796 (2000), and
The CA may dismiss Conde v. IAC, G.R. No. 70443 (1986)]
the case outright; it The RTC has no
has the discretion on such discretion, it is Lack of jurisdiction
whether or not to required to consider Either lack of jurisdiction over the person of the
entertain the it as an ordinary civil defending party, or over the subject matter of
the claim. [1 Regalado 630, 2010 Ed.]
petition. [Sec. 5, action.
Rule 47]
Petitioner must show absolute lack of
jurisdiction and not mere abuse of judicial
Who can file discretion; a claim of grave abuse of discretion
A person who is not a party to the judgment will support a petition for certiorari but not an
may sue for its annulment provided that he can action for annulment of judgment. [1 Riano
prove: 633, 2011 Ed.]
a. The judgment was obtained through fraud
or collusion, and Only evidence found in the record can justify
b. He would be adversely affected thereby. nullity. [Arcelona v. CA, G.R. No. 102900
[Alaban v. CA, G.R. No. 156021 (2005)] (1997)]
i. Grounds for Annulment Form and contents of petition
1. Verified petition, alleging therein:
The annulment may be based only on the a. With particularity the facts and the law
grounds of: relied upon
a. Extrinsic fraud, and b. Petitioner’s good and substantial cause
• Note: Such shall not be a valid ground of action or defense
if it was availed of, or could have been 2. In 7 clearly legible copies, together with
availed of, in a MNT or petition for sufficient copies corresponding to the
relief. number of respondents
b. Lack of jurisdiction. 3. Certified true copy of the judgment or final
[Sec. 2, Rule 47] order or resolution shall be attached to the
original copy of the petition intended for the
Extrinsic fraud court and indicated as such by the
It refers to any fraudulent act of the prevailing petitioner
party in litigation committed outside the trial
of the case where the defeated party
4. Affidavits of witnesses or documents being refiled in the proper court. [Sec. 7, Rule
supporting the cause of action or defense; 47]
and
5. Certificate of non-forum shopping. Based on extrinsic fraud
[Sec. 3, Rule 47] The court may on motion order the trial court
to try the case as if a timely motion for new
ii. Period to File Action trial had been granted therein. [Sec. 7, Rule 47]
b. By direct action, as certiorari, or by Note: When all else fails, there is jurisprudence
collateral attack in case of apparent nullity to the effect that a patently void judgment may
• The collateral attack must be against a be dealt with by a Main Action for Injunction.
challenged judgment which is void [Barrameda v. Moir, G.R. No. L-7927 (1913)]
upon its face as where it is patent that
the court which rendered said 19. EXECUTION,
judgment has no jurisdiction or that the
nullity of the judgment is apparent from
SATISFACTION, AND EFFECT
its own recitals OF JUDGMENTS
c. By a Petition for Relief under Rule 38
• Must be taken in the same action or Definition
proceeding in which the judgment or Execution is a remedy afforded by law for the
order was entered. enforcement of a judgment. It is a judicial writ
[1 Regalado 454-456, 2010 Ed.] issued to an officer authorizing and requiring
him to execute the judgment of the court.
Void judgment [Pamantasan ng Lungsod ng Maynila v. IAC,
1. Considered as no judgment at all. G.R. No. L-65439 (1986), citing 2 Francisco,
2. Cannot be the source of any right nor the 592-593, 1966 Ed.]
creator of any obligation.
3. All acts performed pursuant to it and all Note: The prevailing party can secure certified
claims emanating from it have no legal true copies of the judgment or final order of the
effect. appellate court, the entry thereof, and submit it
4. Can never become final and any writ of to the court of origin to justify a motion for a writ
execution based on it is void. of execution even without waiting for receipt of
[Polystyrene Manufacturing v. Privatization the records from the appellate court. [Circular
Management, G.R. No. 171336 (2007)] No. 24-94]
Attacking a void judgment The appellate court can also direct the
1. It may be assailed any time, and issuance of the writ of execution upon motion
2. It may be done collaterally or in a direct in the same while the records are still with the
action unless barred by laches. appellate court, or even after remand to the
[Spouses Benatiro v. Heirs of Cuyos, G.R. No. lower court. [1 Regalado 452, 2010 Ed.]
161220 (2008)]
a. Difference Between Finality of
Remedies Judgment for Purposes of
If the period for appeal has not yet lapsed: Appeal and for Purposes of
1. New Trial and Reconsideration [Rule 37],
Execution
2. Appeal [Rules 40-45],
3. Petition for Relief [Rule 48], and
A judgment is final if it disposes of the action
4. Other appropriate remedies such as
as distinguished from an interlocutory order
certiorari.
which leaves something to be done with
[1 Riano 60, 2011 Ed.]
respect to the merits of the case, and it is
executory if the period to appeal has expired
If the appropriate remedies are no longer
and no appeal is taken. [2 Herrera 281, 2007
available without the fault of the petitioner, he
Ed.; 1 Regalado 450, 2010 Ed.]
may avail of a petition for Annulment of
Judgment [Rule 47]
Finality for purposes of appeal refers to the
[Mandy Commodities Co. Inc. v ICBC, G.R. No.
distinction between “final judgments or orders”
166734 (2009)]
and “interlocutory orders,” which cannot be
Note: The period to appeal where an MR has Mere allegation that the appeal is dilatory is not
been filed commences only upon the receipt of a good reason to merit discretionary execution.
a copy of the order disposing of the MR. The Nor is the fact that the prevailing party is in
pendency of the MR prevents the running of the financial distress. [Intramuros Tennis Club vs
period to appeal. When there is a pending MR, CA, G.R. No. 135630 (2000)]
an order of execution pending appeal is
improper and premature. [JP Latex Examples of good reasons:
Technology, Inc. v. Ballons Granger Balloons, 1. Where the goods subject of the judgment
Inc., et al., G.R. No. 177121 (2009)] stand to perish or deteriorate during the
pendency of the appeal. [Yasuda v. CA,
G.R. No. 112569 (2000)]
2. The award of actual damages is for an Restitution - The property itself must be
amount fixed and certain, but not an award returned to the judgment debtor, if the same is
for moral and exemplary damages. [Radio still in the possession of the judgment creditor,
Communications Inc. v. Lantin, G.R. No. L- plus compensation to the former for the
59311 (1985)] deprivation and use of the property. [1
3. Insolvency of a defeated party. [Hacienda Regalado 467, 2010 Ed.]
Navarro v. Labrador, G.R. No. L-45912
(1938)] Reparation of damages:
4. The prevailing party is of advanced age a. If the purchaser at the public auction
and in a precarious state of health and the was the judgment creditor, pay the full
obligation in the judgment is non- value of the property at the time of its
transmissible, being for support. [De Leon seizure plus interest
v. Soriano, G.R. No. L-7648 (1954)] b. If the purchaser at public auction was a
5. Where defendants were exhausting their third person, judgment creditor must pay
income and have no other property aside the judgment debtor the amount realized
from proceeds of the property subject in from the sale with interest thereon; and
litigation. [Lao v. Mencias, G.R. No. L- c. If the judgment award was reduced on
23554 (1967)] appeal, the judgment creditor must return
to the judgment debtor only the excess
Stay of discretionary execution which he received over and above that to
Discretionary execution issued may be stayed which he is entitled under the final
upon approval by the proper court of a judgment, with interest on such excess.
sufficient supersedeas bond [Po Pauco v. Tan Juco, G.R. No. L-63188
a. Filed by the party against whom it is (1990)]
directed, and
b. Conditioned upon the performance of the Remedy against discretionary execution
judgment or order allowed to be executed The remedy is certiorari by Rule 65.
in case it shall be finally sustained in whole
or in part. Note: The fact that the losing party has also
appealed from the judgment does not bar
Note: The bond may be proceeded against on certiorari proceedings as the appeal could not
motion with notice to the surety. be an adequate remedy from such premature
[Sec. 3, Rule 39] execution. [Jaca v. Davao Lumber Co., G.R.
No. L-25771 (1982)]
General rule: The filing of a supersedeas
bond is sufficient to stay the enforcement of a c. How a Judgment is Executed
discretionary execution. [Sec. 3, Rule 39]
i. Execution by Motion or by
Exception: Where the needs of the Independent Action
prevailing party are urgent, the Court can
order immediate execution despite such Modes of enforcement of execution
supersedeas bond. [1 Regalado 466, 2010 Mode When enforced
Ed.] Within 5 years from the
By motion
date of entry of judgment
If judgment is reversed totally or partially,
or annulled, on appeal or otherwise After the lapse of 5
The trial court may, on motion, issue such years from date of entry
By independent
orders of restitution or reparation of and before it is barred
action
damages as equity and justice may warrant by the statute of
under the circumstances. [Sec. 5, Rule 39] limitations
appeared before court [Rodriguez v. •After notice and upon motion, the court
Alikpala, G.R. No. L-38314 (1974)] may order such persons to do so
b. Without admission of satisfaction.
Return of a writ of execution [Sec. 45, Rule 39]
a. Judgment satisfied within 30 days
The writ of execution shall be returnable to the Effect of death of a party to execution
court issuing it immediately after the judgment a. Death of the judgment obligee
has been satisfied in part or in full. [Sec. 14, - Will not prevent the execution of
Rule 39] judgment
- Execution will issue upon the
b. Judgment not satisfied within 30 days application of the executor,
1. The officer shall report to the court and administrator, or successor in
state the reason therefore. interest.
2. The officer shall make a report to the b. Death of the judgment obligor
court every 30 days on the proceedings - Will not prevent execution of judgment
taken thereon until the judgment is - Execution shall issue against his
satisfied in full, or its effectivity expires. executor, administrator, or successor
3. The returns or periodic reports shall set in interest.
forth the whole of the proceedings [Sec. 7, Rule 39]
taken, and shall be filed with the court
and copies thereof promptly furnished iii. Execution of Judgments for
the parties Money
[Sec. 14, Rule 39]
If the award is for payment of money,
Entry of satisfaction of judgment execution is enforced by
Satisfaction of a judgment shall be entered by 1. Immediate payment on demand,
the COC in the court docket, and in the 2. Satisfaction by levy, or
execution book, upon the: 3. Garnishment of debts and credits [Sec. 9,
a. Return of a writ of execution showing the Rule 39]
full satisfaction of the judgment, or
b. Filing of an admission to the satisfaction of Note: Levy can only be made under Sec. 9 of
the judgment executed and acknowledged Rule 39
in the same manner as a conveyance of
real property by the judgment obligee or by IMMEDIATE PAYMENT ON DEMAND
his counsel unless a revocation of his Procedure
authority is filed, or 1. The officer shall demand from the
c. Endorsement of such admission by the judgment obligor the immediate payment of
judgment obligee or his counsel on the face the full amount stated in the writ of
of the record of the judgment. execution and all lawful fees.
[Sec. 44, Rule 39] 2. The judgment obligor shall pay in cash,
certified bank check payable to the
The court may order the entry of satisfaction judgment obligee, or any other form of
even if the judgment was satisfied in fact or payment acceptable to the latter, the
otherwise than upon execution: amount of the judgment debt under proper
a. With admission of satisfaction by the receipt directly to the judgment obligee or
judgment obligee or counsel, or his authorized representative if present at
• On demand of the judgment obligor, the time of payment.
such persons must execute and 3. The lawful fees shall be handed under
acknowledge, or indorse, the proper receipt to the executing sheriff
admission who shall turn over the said amount within
DELIVERY OF PERSONAL PROPERTY title and interest of the judgment obligor in such
In judgments for the delivery of personal property at the time of the levy, subject to
property, the officer shall: liens and encumbrances then existing.
a. Take possession of the same, and [Sec. 12, Rule 39]
b. Deliver it to the party entitled thereto and Note: The power of the court in executing
satisfy any judgment for money as therein judgments extends only over properties
provided. [Sec. 10(e), Rule 39] unquestionably belonging to the judgment
debtor. [Corpuz v. Pascua, A.M. No. P-11-
v. Execution of Special Judgments 2972 (2011)]
who filed a frivolous or plainly spurious claim. b. A creditor (redemptioner) having a lien by
[Sec. 16, Rule 39] virtue of an attachment, judgment or
mortgage on the property sold, or on some
Procedure part thereof, subsequent to the lien under
He must institute an action, distinct and which the property was sold.
separate from that which the judgment is being [Sec. 27, Rule 39]
enforced, with the court of competent
jurisdiction If the lien of the creditor is prior to the
• In such ation, the validity and sufficiency of judgment under which the property was sold:
title of the claimant will be resolved. a. He is not a redemptioner;
• A writ of preliminary injunction against the b. He cannot redeem since his interests in his
sheriff may be issued. lien are fully protected. Any purchaser at a
public auction takes the same subject to
Note: No need to file a claim in the court which such prior lien which he has to satisfy.
issued a writ. The latter is not a condition sine [1 Regalado 512, 2010 Ed.]
qua non for the former.
[Sy v. Discaya, G.R. No. 86301 (1990)] Proof required of redemptioner
A redemptioner must produce to the officer, or
IN RE: THIRD PARTY CLAIMS IN person from whom he seeks to redeem, and
ATTACHMENT AND REPLEVIN serve with his notice to the officer
If the claim is filed under Sec. 16, Rule 39, it a. A copy of the judgment or final order under
must be filed in a separate action instituted for which he claims the right to redeem,
the purpose. Intervention is no longer allowed certified by the clerk of the court wherein
since judgment has already been rendered. [1 the judgment or final order is entered; or,
Regalado 500-501, 2010 Ed.] b. If he redeems upon a mortgage or other
lien,
If it is filed under Sec. 14, Rule 57 1. A memorandum of the record thereof,
(Attachment) or under Sec. 7, Rule 60 certified by the registrar of deeds; or an
(Replevin), the claim may be litigated in the original or certified copy of any
same action involved or in a separate suit. assignment necessary to establish his
Intervention is allowed. [1 Regalado 501, 2010 claim; and
Ed.] 2. An affidavit executed by him or his
agent, showing the amount then
The reason for the difference is that the actually due on the lien. [Sec. 30, Rule
judgment in the case subject of Sec. 16, Rule 39]
39 is already final and executory, while Rules
57 and 60 involve actions still pending in When redemption can be made
the trial court. [1 Regalado 501, 2010 Ed.] Who When
Within 1 year from the
By the judgment
f. Rules on Redemption date of registration of
obligor
the certificate of sale
When available Within 1 year from the
Only for real property, since nothing in the By first
date of registration of
ROC provides for redemption of personal redemptioner
the certificate of sale
property. [Sec. 27, Rule 39]
By all subsequent Within 60 days from
redemptioners last redemption
Who may redeem
a. Judgment obligor, or his successor in [Sec. 28, Rule 39]
interest in the whole or any part of the
property Note: There is no extension or interruption of
redemption period. [Sec. 28, Rule 39]
possession of the property shall be given to the sheriff at the expiration of the period of
the purchaser or last redemptioner by the redemption which entitles the purchaser to
same officer possession of the property sold. [1 Regalado
508, 2010 Ed.]
Exception: A third party is actually holding the
property adversely to the judgment obligor. Recovery of purchase price if sale not
[Sec. 33, Rule 39] effective
a. If the purchaser of real property sold on
Two documents which the sheriff executes execution, or his successor in interest,
in case of real property • Fails to recover the possession thereof,
a. Certificate of sale or
1. Upon a sale of real property, the officer • Is evicted therefrom, in consequence of
must give to the purchaser a certificate irregularities in the proceedings
of sale containing: concerning the sale, or
i. A particular description of the real b. Because the judgment has been reserved
property sold; or set aside, or
ii. The price paid for each distinct lot c. Because the property sold was exempt
or parcel; from execution, or
iii. The whole price paid by him; and d. Because a third person has vindicated his
iv. A statement that the right of claim, to the property,
redemption expires one year from
the date of the registration of the The purchaser may, on motion in the same
certificate of sale action or in a separate action,
2. Must be registered in the registry of a. Recover from the judgment obligee the
deeds of the place where the property price paid, with interest, or so much thereof
is situated. [Sec. 25, Rule 39] - From as has not been delivered to the judgment
registration of said certificate, the 1 obligor; or
year redemption period starts [Sec. 28, b. Have the original judgment revived in his
Rule 39] name for the whole price with interest, or
3. Certificate of sale after execution sale so much thereof as has been delivered to
is merely a memorial of the fact of sale the judgment obligor.
and does not operate as conveyance [1 Note: The judgment so revived shall
Regalado 508, 2010 Ed.] have the same force and effect as an
b. Deed of Conveyance original judgment would have as of the
1. Executed upon the expiration of the date of the revival and no more.
period to redeem. [Sec. 34, Rule 39]
Note: The purchaser or redemptioner
shall be substituted to and acquire all Note: A purchaser’s right of possession is
the rights, title, interest and claim of the recognized only as against the judgment
judgment obligor to the property as of debtor and his successor-in-interest. It is not so
the time of the levy. against persons whose right of possession is
2. Executed by the officer making the adverse. When a third party is in possession
sale. of the property purchased, the possession is
3. Under the expiration of the right of presumed to be based on just title - a
redemption, presumption which may be overcome by the
[Sec. 33, Rule 39] purchaser in a judicial proceeding for recovery
of the property. [Villanueva v. Cherdan
Note: Hence, the certificate of sale of real Lending Investors Corp., G.R. No. 177881
property does not confer any right to the (2010)]
possession or ownership, of the real property
purchased. It is the deed of sale executed by
b. Forbid a transfer or other disposition of sell and convey such real estate or the
such interest or debt within 120 days from interest of the obligor therein; and such sale
notice of the order, and shall be conducted in all respects in the same
c. May punish disobedience of such order as manner as is provided for the sale of real estate
for contempt. upon execution, and the proceedings thereon
[Sec. 43, Rule 39] shall be approved by the court before the
execution of the deed. [Sec. 42, Rule 39]
Impropriety of an action for damages as a
remedy i. Effect of Judgment or Final
Where the writ of execution is unsatisfied, Orders
the remedy to enforce it is Secs. 38-39, and not
a complaint for damages. [Phil. Transmarine Immutability of judgments
Carriers v. CA, G.R. No. 122346 (2000)] A judgment that has acquired finality
becomes immutable and unalterable, and
OTHER REMEDIES may no longer be modified in any respect, even
Order for application of property or income if the modification is meant to correct
The court may order any property of the erroneous conclusions of fact and law, and
judgment obligor, or money due him, not whether it be made by the court that rendered
exempt from execution, in the hands of either it or by the Highest Court of the land. [PNB v.
himself or another person, or of a corporation Spouses Maranon, G.R. No. 189316 (2013)]
or other juridical entity, to be applied to the
satisfaction of the judgment, subject to any Rationale
prior rights over such property. [Sec. 40, Rule a. To avoid delay in the administration of
39] justice, and procedurally to make orderly
the discharge of judicial business, and
After a writ of execution against property has b. To put an end to judicial controversies at
been issued, a person indebted to the the risk of occasional errors.
judgment obligor may pay to the sheriff [PCI Leasing and Finance, Inc. v. Milan, G.R.
holding the writ of execution the amount of No. 151215 (2010)]
his debt or so much thereof as may be
necessary to satisfy the judgment, in the RES JUDICATA
manner prescribed in Sec. 9, Rule 39 and the Dual aspect
sheriffs receipt shall be a sufficient discharge a. Bar by former judgment
for the amount so paid or directed to be 1. The judgment or final order is a bar to
credited by the judgment obligee on the the prosecution of a subsequent action
execution [Sec. 39, Rule 39] based on the same claim or cause of
action
Appointment of receiver 2. Described by Sec. 47, pars. (a) and (b),
The court may appoint a receiver of the Rule 39
property of the judgment obligor; and it may 3. Also known as “Estoppel by Verdict”
also forbid a transfer or other disposition of, b. Conclusiveness of judgment
or any interference with, the property of the 1. The judgment or final order precludes
judgment obligor not exempt from execution. the relitigation of particular issues or
[Sec. 41, Rule 39] facts on a different demand or cause of
action
If it appears that the judgment obligor has an 2. Described by Sec. 47, par. (c), Rule 39
interest in real estate in the place in which 3. Also known as the Rule of Auter Action
proceedings are had, as mortgagor or Pendant
mortgagee or otherwise, and his interest [1 Riano 541, 2011 Ed.; 1 Regalado 529, 2010
therein can be ascertained without Ed.]
controversy, the receiver may be ordered to
Bar by former Conclusiveness of comply with these rules or any order of the
judgment judgment court, the action may be dismissed upon
There is only identity motion of the defendant or upon the court's
Requires identity of of parties and subject own motion. This dismissal shall have the
parties, subject matter effect of an adjudication upon the merits,
unless otherwise provided by court
matter, and causes
[Development Bank v. CA, G.R. No. 110203
of action Causes of action are
(2001)]
different
Absolute Bar to: Res judicata in judgments in rem
(a) all matters Conclusive as to Judgments or final
directly adjudged; matters directly Conclusive as to
order
and adjudged and Against a specific
(b) those that might actually litigated Title of the thing
thing
have been adjudged Probate of a will or
Claim Preclusion Issue Preclusion administration of the The will or
[1 Riano 683-684, 2011 Ed.] estate of a deceased administration
person
The rule of res judicata applies to final In respect to the
decisions of quasi-judicial agencies and to
personal, political, or
judgments rendered in probate proceedings [1
legal condition or Condition, status or
Regalado 534, 2010 Ed.]
status of a particular relationship of the
BAR BY FORMER JUDGMENT person or his person
The judgment or decree of a court of competent relationship to
jurisdiction on the merits concludes the parties another.
and their privies to the litigation and constitutes [1 Riano 542, 2011 Ed.]
a bar to a new action or suit involving the same
cause of action either before the same or any Res judicata in judgments in personam
other tribunal. [Machoca v. Cariaga, G.R. No. In other cases, the judgment or final order is,
75109-10 (1989)] with respect to the matter directly adjudged or
as to any other matter that could have been
Requisites missed in relation thereto, conclusive
a. A final judgment or order between
b. Jurisdiction over the subject matter and the a. The parties and
parties by the court rendering judgment b. Their successors in interest, by title
c. Judgment upon merits subsequent to the commencement of the
d. Between the two cases, there is identity of: action or special proceeding, litigating for
1. Parties the same thing and under the same title
2. Subject matter and in the same capacity
3. Cause of action [Sec. 47(b), Rule 39]
[1 Riano 430, 2011 Ed.]
CONCLUSIVENESS OF JUDGMENT
General rule: For res judicata to apply, trial Any right, fact or matter in issue directly
must be made on the merits of the case [1 adjudicated or necessarily involved in the
Regalado 530, 2010 Ed.] determination of an action before a competent
court in which a judgment or decree is rendered
Exception: Sec. 3, Rule 17: Dismissal upon on the merits is conclusively settled by the
fault of plaintiff - If plaintiff fails to appear at judgment therein and cannot again be
the time of the trial, or to prosecute his action litigated between the parties and their privies
for an unreasonable length of time, or to whether or not the claim or demand, purpose
or subject matter of the two suits is the same. (1971); case need the same
[Machoca v. Cariaga, G.R. No. 75109-10 Vergara v. not be legal issue is
(1989)] Roque, G.R. followed as a raised.
No. L-32984 precedent in [CDCP
Requisites (1977)] subsequent Mining Corp.
a. A final judgment or order
litigation v. CIR, G.R.
b. Jurisdiction over the subject matter and the
between No. 122213
parties by the court rendering it
c. Judgment upon merits other parties. (2005)]
d. Between the two cases, there is identity of: [1 Riano 544,
1. Parties, and 2011 Ed]
2. Issues.
[1 Regalado 529-531, 2010 Ed.] 1. Enforcement and Effect of Foreign
Judgments or Final Orders
Res judicata, law of the case, and stare
decisis A valid judgment rendered by a foreign
a. Stare decisis - When the SC has laid down tribunal may be recognized insofar as the
a principle of law applicable to a certain immediate parties the underlying cause of
state of facts, it will adhere to that principle action are concerned so long as it is
and apply it to all future cases where the convincingly shown that:
facts are substantially the same. [1 Riano a. There has been an opportunity for a fair
533, 2011 Ed.] hearing before a court of competent
b. Law of the case - Whatever is once jurisdiction,
irrevocably established as the controlling b. Trial upon registered proceedings has
legal rule or decision between the same been conducted, and
parties in the case continues to be the law c. There is nothing to indicate either a
of the case whether correct on general prejudice in court and in the system of laws
principles or not, so long as the facts on under which it is sitting or fraud in procuring
which such decision was predicated the judgment.
continue to be the facts of the case before [Philippine Aluminum v. Fasgi Enterprises,
the court. [1 Riano 544, 2011 Ed.] G.R. No. 137378 (2000)]
Regalado 536, 2010 Ed. citing Raytheon v. Before our courts can give the effect of res
Rouzie, G.R. No. 162894 (2008)] judicata to a foreign judgment, it must be
shown that the parties opposed to the
Nature judgment had been given ample opportunity to
The civil action for enforcement of a foreign do so on grounds under Section 48 of Rule 39
judgment is one incapable of pecuniary of the ROC. [Roehr v. Rodriguez, G.R. No.
estimation. 142480 (2003)]
• Although the foreign judgment may result
in recovery of money or property, the
cause of action and subject matter of
D. PROVISIONAL
the civil action is the foreign judgment REMEDIES
itself (and not, as in an ordinary action for
monetary relief, the violation of a right
through an act or omission). The matter left 1. NATURE AND PURPOSE
for proof is the foreign judgment itself, not
the facts from which it prescinds. [1 Nature of provisional remedies
Regalado 536, 2010 Ed.] They are temporary, auxiliary, and ancillary
remedies available to a litigant for the
Effect of foreign judgments [Sec. 48, Rule protection and preservation of his rights while
39] the main action is pending. They are writs and
Nature Effect processes which are not main actions and are
dependent for their application on the
In judgments Judgment is
existence of a principal action. [1 Regalado
against a specific conclusive upon the
684, 2010 Ed.]
thing (in rem) title to the thing
Judgment is Orders granting or denying provisional
presumptive remedies are merely interlocutory and cannot
In judgments evidence of a right as be the subject of an appeal. They may however
against a person (in between parties and be challenged before a superior court through
personam) their successors-in- a petition for certiorari under Rule 65. [Pahila-
interest by a Garrido v. Tortogo, et. al., G.R. No. 156358
subsequent title (2002)]
Note: The enumeration above is not exclusive. 1(f), Rule 57 [PCIB v. Alejandro, G.R. No.
The court may invoke its equity jurisdiction and 175587 (2007)]
order the appropriate reliefs during the
pendency of an action. [Reyes v. Lim, G.R. No. Note: Being a mere ancillary to a principal
134241 (2003)] proceeding, the attachment must fail if the
principal suit itself cannot be maintained.
2. JURISDICTION OVER Another consequence is that where the main
action is appealed, the attachment is also
PROVISIONAL REMEDIES considered appealed and is removed from the
jurisdiction of the lower court. [2 Riano 12, 2016
The court which grants or issues a provisional Bantam Ed.]
remedy is the court which has jurisdiction
over the main action. [1 Regalado 685, 2010
a. Grounds for Issuance of Writ of
Ed.] Thus, where the main case is pending in a
specific RTC, it is the same court, not any other
Attachment
court, which may grant the provisional remedy
applied for. [2 Riano 5, 2016 Bantam Ed.] When Preliminary Attachment may be
Applied For
The authority to grant provisional remedies is An order for preliminary attachment may be
not the sole prerogative of superior courts. applied for
Inferior courts may also grant all appropriate a. At the commencement of the action, or
provisional remedies in an action pending with b. At any time before entry of judgement.
it and is within its jurisdiction. In fact, the [Sec. 1, Rule 57]
jurisdiction of the MTC includes the “grant of
provisional remedies in the proper cases.” Who may apply
[Sec. 33 (1), B.P. 129] It may be applied for by
a. The plaintiff, or
b. Any proper party. [Sec. 1, Rule 57]
3. PRELIMINARY ATTACHMENT • Any proper party includes a defendant
who filed a counterclaim, cross-claim,
Definition or a third party complaint [Sec. 1, Rule
Attachment is defined as a provisional remedy 3]
by which the property of an adverse party is
taken into legal custody, either at the Grant of Preliminary Attachment is
commencement of an action or at any time Discretionary
thereafter, as a security for the satisfaction of The grant of the remedy of preliminary
any judgment that can be recovered by the attachment is addressed to judicial
plaintiff or any proper party. [Northern Islands discretion. There is nothing in Rule 57 which
v. Garcia, GR No. 203240 (2015)] indicates that the grant of such writ is a matter
of right on the part of the applicant. [2 Riano 13,
Purposes 2016 Bantam Ed.]
1. To seize the property of the debtor in
advance of final judgment and to hold it for Strict Construction
purposes of satisfying said judgment, as in Since preliminary attachment opens up the
the grounds stated in Sec. 1(a) to (e), Rule debtor to humiliation and annoyance, it may
57, or only be granted when necessary and as a last
2. To acquire jurisdiction over the action resort on concrete and specific grounds. [2
by actual or constructive seizure of the Riano 14, 2016 Bantam Ed.]
property in those instances where personal
or substituted service of summons on the Grounds for Issuance
defendant cannot be effected, as in Sec. Under Sec. 1, Rule 57, the grounds for a
preliminary attachment are, to wit:
e. Order for writ of attachment. [Sec. 5, Rule b. A complete inventory of the property
57] attached, ang
c. Any counter-bond given by the party
Exceptions: Levy on attachment would be against whom attachment is issued. [Sec.
justified even without prior or 6, Rule 57]
contemporaneous summons under the
following circumstances: ATTACHMENT OF SPECIFIC KINDS OF
a. Summons could not be served personally PROPERTY
or by substituted service despite diligent a. Real property, or growing crops
efforts, or thereon, or any interest therein, standing
b. Defendant is a resident of the Philippines upon the record of the registry of deeds of
temporarily absent therefrom, or the province in the name of the party
c. Defendant is a non-resident of the against whom attachment is issued, or not
Philippines, or appearing at all upon such records, or
d. The action is in rem or quasi in rem. [Sec. belonging to the party against whom
5, Rule 57] attachment is issued and held by any other
person, or standing on the records of the
e. Manner of Attaching Real and registry of deeds in the name of any other
Personal Property; When person,
Property Attached is Claimed 1. By filing with the registry of deeds a
copy of the order, together with a
by Third Person description of the property attached,
and a notice that it is attached, or that
General rule: The sheriff enforcing the writ
such real property and any interest
shall without delay and with all reasonable
therein held by or standing in the name
diligence attach, to await judgment and
of such other person are attached, and
execution in the action, only so much of the
by leaving a copy of such order,
property in the Philippines of the party against
description, and notice with the
whom the writ is issued, not exempt from occupant of the property, if any, or with
execution, as may be sufficient to satisfy the
such other person or his agent if found
applicant’s demand.
within the province
• The sheriff is precluded from attaching
• Where the property has been
any property exempt from execution, brought under the operation of
such as those enumerated in Sec. 13,
either the Land Registration Act or
Rule 39. [2 Riano 35, 2016 Bantam Ed.] the Property Registration Decree,
the notice shall contain a reference
Exception: The sheriff shall not enforce the
to the number of the certificate of
writ if the adverse party makes a deposit with
title, the volume and page in the
the court from which the writ is issued, or gives
registration book where the
a counter-bond executed to the applicant, in
certificate is registered, and the
an amount equal to the bond fixed by the court registered owner or owners
in the order of attachment or to the value of the
thereof.
property to be attached, exclusive of costs. 2. The registrar of deeds must index
[Sec. 5, Rule 57]
attachments filed under this section in
the names of the applicant, the adverse
Sheriff’s return
party, or the person by whom the
After enforcing the writ, the sheriff must without
property is held or in whose name it
delay, make a return to the court issuing the stands in the records. If the attachment
writ, with:
is not claimed on the entire area of the
a. A full statement of his proceedings,
land covered by the certificate of title, a
description sufficiently accurate for the
Trust Company, G.R. No.187023 (2010)]; Bond for issuance vs bond for lifting
or a. Bond for issuance of writ [Sec. 4, Rule
c. File motion for intervention (available only 57] – This is for damages by reason of the
before judgment is rendered) [Sec. 1, Rule issuance of the writ.
19] b. Bond for lifting of writ [Secs. 5 and 12,
Note: The last method was allowed in the Rule 57] – This is to secure the payment of
case of Gopiao v. Metropolitan Bank & the judgment to be recovered.
Trust Co. [G.R. No. 188931 (2014)] [1 Regalado 709, 2010 Ed.]
rise to a cause of action. [Marquez v. Sanchez, and among the parties. [WT Construction, Inc.
G.R. No. 141849 (2007)] v. DPWH, G.R. No. 163352 (2007)]
property and by discharging the replevin bond. 1. The return to of property to adverse
[Rivera v. Vargas, G.R. No. 165895 (2009)] party if such return be adjudged, and
2. The payment to adverse party of such
b. Requisites sum as he may recover from the
applicant in the action.
a. The applicant must show by his own [Sec. 2, Rule 60]
affidavit or that of some other person who
personally knows the facts the items stated Return of property
in Part F.3 (Affidavit and bond; redelivery If the adverse party objects to the sufficiency
bond) of the
b. The applicant must also give a bond, a. Applicant’s bond, or
called a replevin bond. b. Surety or sureties thereon,
[Sec. 2, Rule 60] he cannot immediately require the return of the
property, but he may, at any time before the
Upon the filing of such affidavit and approval of delivery of the property to the applicant, require
the bond, the court shall issue an order and the the return thereof. [Sec. 5, Rule 60]
corresponding writ of replevin describing the
personal property alleged to be wrongfully How return of property may be required;
detained and requiring the sheriff forthwith to Redelivery bond
take such property into his custody [Sec. 3, File a bond with the court where the action is
Rule 60] pending. Such shall be:
a. Executed to the applicant,
c. Affidavit and Bond; Redelivery b. In double the value of the property as
Bond stated in the applicant’s affidavit
c. Conditions
1. The delivery thereof to the applicant, if
Contents of the affidavit:
such delivery be adjudged, and
The affidavit shall show
2. The payment of such sum to him as
a. That the applicant is the owner of the
may be recovered against the adverse
property claimed, particularly describing it,
party, and by serving a copy of such
or is entitled to the possession thereof;
bond on the applicant.
b. That the property is wrongfully detained
[Sec. 5, Rule 60]
by the adverse party, alleging the cause of
detention thereof according to the best of
his knowledge, information, and belief; d. Sheriff’s Duty in The
c. That the property has not been distrained Implementation of The Writ;
or taken for a tax assessment or a fine When Property Is Claimed by
pursuant to law, or seized under a writ of Third Party
execution or preliminary attachment, or
otherwise placed under custodia legis, or i. Sheriff’s Duty in Implementation
if so seized, that it is exempt from such
seizure or custody; and 1. Upon receiving the order, the sheriff must
d. The actual market value of the property. a. Serve a copy thereof on the adverse
[Sec. 2, Rule 60] party, together with a copy of the
application, affidavit and bond, and
Applicant’s bond (Replevin Bond) b. Forthwith take the property, if it be in
a. Executed to the adverse party the possession of the adverse party, or
b. Double the value of the property as stated his agent, and retain it in his custody.
in the affidavit 2. If the property or any part thereof be
c. Conditions: concealed in a building or enclosure, the
sheriff must
a. Demand its delivery, and Unless the applicant or his agent, on demand
b. If it be not delivered, he must cause the of said sheriff, shall file a bond approved by
building or enclosure to be broken the court to indemnify the third-party claimant
open and take the property into his in a sum not less than the value of the property
possession. under replevin as provided in Sec. 2, Rule 60.
3. After the sheriff has taken possession of • No claim for damages for the taking or
the property, he must keeping of the property may be
a. Keep it in a secure place and enforced against the bond unless the
b. Shall be responsible for its delivery to action therefor is filed within 120 days
the party entitled thereto upon from the date of the filing of the bond.
receiving his fees and necessary
expenses for taking and keeping the Note: In case of disagreement as to such value,
same. the court shall determine the same.
[Sec. 4, Rule 60] [Sec. 7, Rule 60]