Civpro Memaid

U.P.
LAW BOC CIVIL PROCEDURE REMEDIAL LAW
b. Rules of procedure of special courts and

I. CIVIL PROCEDURE quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
A. GENERAL PRINCIPLES The SC has the sole prerogative to amend,

repeal, or even establish new rules for a
IN REMEDIAL LAW more simplified and inexpensive process, and
the speedy disposition of cases. [Neypes v.
1. Distinguish: Substantive Law CA, G.R. No. 141524 (2005)] Note that the
and Remedial Law power to establish procedural rules is no
longer shared by the SC with Congress.
Substantive law – Creates, defines, and
regulates rights and duties concerning life, a. Limitations on the Rule-Making
liberty, or property the violation of which gives Power of the Supreme Court
rise to a cause of action. [Bustos v. Lucero,
G.R. No. L-2068 (1948)] The rules of procedure promulgated by the SC
must:
Remedial law – Lays down methods by which a. Provide a simplified and inexpensive
the rights and obligations arising from procedure for speedy disposition of cases,
substantive law are protected, enforced, and b. Uniform for all courts of the same grade;
given effect. [Bustos v. Lucero, G.R. No. L- and
2068 (1948)] c. Not diminish, increase or modify
substantive rights.
Note: Procedural rules are not laws, for they [Sec. 5(5), Art. VIII, Constitution]
are promulgated by the Supreme Court in their
rule-making capacity under the Constitution b. Power of the SC to Amend and
and do not originate from the legislative [Alvero Suspend Procedural Rules
v. Dela Rosa, G.R. No. L-286 (1946)].
However, procedural rules have the force and General rule: COMPLIANCE
effect of law, if not in conflict with positive Compliance with procedural rules is the
law, since procedural rules are subordinate to general rule, and abandonment thereof should
statute. [Inchausti & Co v. De Leon, G.R. No. only be done in the most exceptional
7887 (1913)] circumstances. [Pilapil v. Heirs of Briones, G.R.
No. 150175 (2007)]
2. Rule-Making Power of the
Exception: AMENDMENT OR SUSPENSION
Supreme Court
Basis for the SC’s power to amend or suspend
its rules:
Sec. 5(5), Art. VIII of the Constitution provides
1. Rule-Making power vested by the
that:
Constitution, and
a. The SC shall have the power to
2. Sec. 5(g) of Rule 135: Every court shall
promulgate rules concerning:
have power to amend and control its
1. The protection and enforcement of
process and orders so as to make them
constitutional rights,
conformable to law and justice.
2. Pleading, practice, and procedure in
all courts,
The power of the SC to suspend its own rules
3. Admission to the practice of law,
or to exempt a particular case from its
4. The Integrated Bar, and
operation whenever the purposes of justice
5. Legal assistance to the
require it, cannot be questioned. Substantial
underprivileged.
rights must reign supreme over technicalities.
Page 2 of 525
U.P. LAW BOC CIVIL PROCEDURE REMEDIAL LAW
The overarching aim of procedure is to achieve 3. Nature of Philippine Courts

substantial justice, hence, the power to
suspend if required in order to achieve the
a. Meaning of a Court
latter. [De Guzman v. Sandiganbayan, G.R.
No. 103276 (1996)]
A court is an organ of government belonging
to the judicial department, the function of which
The constitutional power of the SC to
is the application of the laws to controversies
promulgate rules of practice and procedure
brought before it as well as the public
necessarily carries with it the power to overturn
administration of justice. It is also the place
judicial precedents on points of remedial law
where justice is administered [1 Riano 65, 2014
through the amendment of the ROC. [Pinga v.
Bantam Ed., citing Black’s Law Dictionary, Am.
Heirs of Santiago, G.R. No. 170354 (2006)]
Jur. and C.J.S.]
Parties praying for a relaxation of procedural
rules must show the need for exceptional b. Distinguish: Court vs. Judge
treatment. [Prieto v. Alpadi Development
Corp., G.R. No. 191025 (2013)] Court Judge
Tribunal officially
Officer of such
What constitutes good and sufficient cause assembled under
tribunal
that would merit suspension of the rules is authority of law
discretionary upon the courts [CIR v. Mirant A being comparable
Pagbilao Corp., G.R. No. 159593 (2006)] A physical person
to a corporation
A judge is a public
Reasons which would warrant suspension of A court is an office
officer
the Rules include:
[1 Riano 65-66, 2014 Bantam Ed.]
1. Presence of special and compelling
circumstances,
A court is an entity possessing a personality
2. The merits of the case,
separate and distinct from the men who
3. A cause not entirely attributable to the fault
compose or sit on it [People v. Carlos, G.R. No.
or negligence of the party favored by the
L-239 (1947)].
suspension,
4. A lack of any showing that the review
Jurisdiction does not attach to the judge
sought is merely frivolous or dilatory,
but to the court. The continuity of a court and
5. A showing that the rights of the other party
the efficacy of its proceedings are not affected
will not be unjustly prejudiced by the
by the death, resignation, or cessation from the
suspension, [Sarmiento v. Zaratan, G.R.
service of the judge presiding over it [ABC
No. 167471 (2007)]
Davao Auto Supply v. CA, G.R. No. 113296
6. Transcendental matters of life, liberty or
(1998)]
state security, [Mindanao Savings and
Loan Association v. Vda. De Flores, G.R.
No. 142022 (2005)]
c. Classification of Philippine
7. To relieve a litigant of an injustice Courts
commensurate with his failure to comply
with prescribed procedure, or [Cu-Unjieng Regular Courts:
v. CA, G.R. No. 142022 (2005)] a. Supreme Court
8. Where substantial and important issues b. Court of Appeals
await resolution. [CIR v. Mirant Pagbilao c. Regional Trial Courts
Corp., G.R. No. 159593 (2006)] d. Metropolitan Trial Courts
e. Municipal Trial Courts
f. Municipal Circuit Trial Courts
Page 3 of 525
Special Courts: A constitutionally-mandated court refers to

a. Sandiganbayan a court whose creation by Congress is
b. Court of Tax Appeals mandated by a constitutional provision, of
which there is only one example: the
d. Courts of Original and Sandiganbayan [Sec. 4, Art. XI, Constitution].
Appellate Jurisdiction While its existence is mandated by the
Constitution, its creation was through and by
A court is one with original jurisdiction when P.D. 1486, issued by President Marcos.
actions or proceedings are originally filed with
it. g. Courts of Law and Equity
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,
Page 4 of 525
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)]
When not applicable

The doctrine of judicial stability does not apply
where a third party claimant is involved – this is
Page 5 of 525
b. Distinguish: General and 2. Doctrines of Hierarchy of

Special Courts and Continuity of
General Special
Jurisdiction
Courts of special
Doctrine of Hierarchy of Courts
jurisdiction are those According to the doctrine of hierarchy of courts,
Courts of general
which have in case of concurrence of jurisdiction, a case
jurisdiction are
jurisdiction only for a must be filed first before the lowest court
those with
particular purpose or possible EXCEPT if one can advance a
competence to
clothed with special special reason which would allow a part to
decide on their own
powers for the directly resort to a higher court. [1 Riano 43,
jurisdiction and take
performance of 2016 Bantam Ed.]
cognizance of all
specified duties
cases of a particular
beyond which they
nature. Doctrine of Continuity of Jurisdiction
have no authority of
any kind. Also known as the doctrine of adherence of
jurisdiction.
Once jurisdiction is vested, the same is
c. Distinguish: Exclusive and retained up to the end of the litigation. [De la
Concurrent Rosa v. Roldan, G.R. No. 133882 (2006)]
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;
Page 6 of 525
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.
CONCURRENT ORIGINAL JURISDICTION 3. With Sandiganbayan

1. With CA a. Writ of Amparo, and
a. Petitions for certiorari, prohibition, and b. Writ of Habeas Data.
mandamus against first-level courts
and bodies, namely APPELLATE JURISDICTION
i. RTCs [Sec. 21(1), B.P. 129] SC has appellate jurisdiction over petitions for
ii. Civil Service Commission [R.A. review on certiorari (appeal by certiorari under
7902] Rule 45) against the
iii. Central Board of Assessment a. CA,
Appeals [P.D. 464; B.P. 129; R.A. b. Sandiganbayan,
7902] c. RTC with respect to:
iv. NLRC and [St. Martin Funeral 1. Pure questions of law [Sec. 1, Rule
Homes v. NLRC, G.R. No. 130866 45] and
(1998); R.A. 7902] 2. Cases falling under Sec. 5, Art. VIII,
v. Other Quasi-Judicial Agencies. Constitution
[B.P. 129; R.A. 7902; Heirs of (i) All cases in which the
Hinog v. Melicor, G.R. No. 140954 constitutionality or validity of
(2005) [1 Riano 106-107, 2014 any treaty, international or
Bantam Ed.] executive agreement, law,
presidential decree, proclamation,
Note: Although there is concurrent order, instruction, ordinance, or
jurisdiction as the Constitution grants regulation is in question.
this to the SC, SC A.M. No. 07-7-12 (ii) All cases involving the legality of
issued on 4 December 2007 provides any tax, impost, assessment, or
that if the petition involves an toll, or any penalty imposed in
act/omission of a Quasi-Judicial relation thereto.
Page 7 of 525
(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
b. Court of Appeals APPELLATE JURISDICTION

1. By ordinary appeal
EXCLUSIVE ORIGINAL JURISDICTION a. From judgments of RTC and Family
Actions for annulment of judgments of the RTC Courts, [Sec. 9(3), B.P. 129, as
[see: Sec. 9(2), B.P. 129; Sec. 1, Rule 47] amended; Sec. 14, R.A. 8369]
b. Over decisions of the MTCs in
CONCURRENT ORIGINAL JURISDICTION cadastral or land registration cases
1. With SC pursuant to its delegated jurisdiction.
a. Petitions for certiorari, prohibition, and [Sec. 34, B.P. 129, as amended by
mandamus against first-level courts R.A. 7691]
and bodies, namely
i. RTCs [Sec. 21(1), B.P. 129]
Page 8 of 525
2. By petition for review Trial Courts, in their respective

a. From judgments of the RTC rendered jurisdictions.
in its appellate jurisdiction, and [Sec. 2. Exclusive appellate jurisdiction to review by
22, B.P. 129, as amended; Rule 42; appeal:
Sec. 9, B.P. 129] a. Decision of the Commissioner of
b. From decisions, resolutions, orders or Internal Revenue in cases involving
awards of the Civil Service disputed assessments, refunds of
Commission and other quasi-judicial internal revenue taxes, fees, or other
bodies mentioned in Rule 43. [Sec. charges, penalties in relation thereto,
9(3), B.P. 129] or other matters arising under the
National Internal Revenue Code or
Note: The enumeration of quasi-judicial other laws administered by the Bureau
agencies under Sec. 1, Rule 43 is not of Internal Revenue.
exclusive [Wong v. Wong, G.R. No. b. Inaction by the Commissioner of
180364 (2014), quoting Cayao-Lasam v. Internal Revenue in cases involving
Sps. Ramolete, G.R. No. 159132 (2008)] disputed assessments, refunds of
internal revenue taxes, fees, or other
3. From decisions of the Office of the charges, penalties in relation thereto,
Ombudsman in administrative or other matters arising under the
disciplinary cases National Internal Revenue Code or
[1 Riano 96-97, 2016 Bantam Ed.] other laws administered by the Bureau
of Internal Revenue, where the
c. Court of Tax Appeals National Internal Revenue Code
provides a specific period of action, in
EXCLUSIVE ORIGINAL JURISDICTION which case the inaction shall be
1. Over tax collection cases involving final deemed a denial.
and executory assessments for taxes, c. Decision, orders or resolutions of the
fees, charges, and penalties; Provided, Regional Trial Courts in the local tax
however, that collection cases where the cases originally decided oy resolved by
principal amount of taxes and fees. them in the exercise of their original or
exclusive of charges and penalties appellate jurisdiction.
claimed, is less than P1,000,000 shall be d. Decisions of the Commissioner of
tried by the proper Municipal Trial Court Customs in cases involving liability for
Metropolitan Trial Court, and Regional Trial customs duties, fees, or other money
Court. charges, seizure, detention or release
of property affected, fines, forfeitures or
APPELLATE JURISDICTION other penalties in relation thereto, or
1. Exclusive appellate jurisdiction in tax other matters arising under the
collection cases: Customs Law or other laws
a. Over appeals from the judgements, administered by the Bureau of
resolutions or orders of the Regional Customs.
Trial Courts in tax collection cases e. Decisions of the Central Board of
originally decided by them, in their Assessment Appeals, in the exercise of
respective territorial jurisdiction. its appellate jurisdiction, over cases
b. Over petitions for review of the involving the assessment and taxation
judgments, resolutions, or orders of the of real property originally decided by
Regional Trial Courts in the exercise of the provincial or city board of
their appellate jurisdiction over tax assessment appeals.
collection cases originally decided by f. Decisions of the Secretary of Finance
the Metropolitan Trial Courts, Municipal on customs duties elevated to him
Trial Courts, and the Municipal Circuit automatically for review from decisions
Page 9 of 525
of the Commissioner of Customs which panlungsod, city treasurers,

are adverse to the Government under assessors, engineers, and other
Sec. 2315 of the Tariff and Customs city department heads
Code. ● Officials of the diplomatic service
g. Decisions of the Secretary of Trade occupying the position of consul
and Industry in the case of and higher
nonagricultural product, commodity, or ● Philippine army and air force
article, and the Secretary of Agriculture colonels, naval captains, and all
in the case of an agricultural product, officers of higher rank;
commodity, or article involving ● Officers of the Philippine National
dumping and countervailing duties Police while occupying the position
under Secs. 301 and 302, respectively, of provincial director and those
of the Tariff and Customs Code, and holding the rank of senior
safeguard measures under RA 8800, superintendent and higher
where either party may appeal the ● City and provincial prosecutors and
decision to impose or not to impose their assistants, and officials and
said duties. prosecutors in the Office of the
[1 Riano 98-100, 2016 Bantam Ed.] Ombudsman and special
prosecutor;
d. Sandiganbayan ● Presidents, directors or trustees, or
managers of government-owned or
EXCLUSIVE ORIGINAL JURISDICTION controlled corporations, state
a. Violations of R.A. 3019 or the Anti-Graft universities or educational
and Corrupt Practices Act institutions or foundations
b. Violations of R.A. 1379 or An Act Declaring 2. Members of Congress and officials
Forfeiture in Favor of the State Any thereof classified as Grade 27 and up
Property Found to Have Been Unlawfully under R.A. 6758
Acquired by Any Public Officer or 3. Members of the Judiciary without
Employee and Providing for the prejudice to the provisions of the
Proceedings Therefor Constitution
c. Bribery (Chapter II, Sec. 2, Title VII, Book 4. Chairmen and Members of the
II, RPC), where one or more of the principal Constitutional Commissions without
accused are occupying the following prejudice to the provisions of the
positions in government, whether in a Constitution
permanent, acting or interim capacity, at 5. All other national and local officials
the time of the commission of the offense classified as Grade 27 and higher
1. Officials of the executive branch under R.A. 6758
occupying the positions of regional
director and higher, otherwise Note: Exclusive original jurisdiction shall be
classified as Grade 27 and higher, of vested in the proper RTC or MTC, as the
the Compensation and Position case may be, where none of the accused
Classification Act of 1989 (R.A. 6758), are occupying positions corresponding to
specifically including: Salary Grade 27 or higher, or military and
● Provincial governors, vice- PNP officers mentioned above [Sec. 4,
governors, members of the P.D. 1606, as amended by R.A. 10660]
sangguniang panlalawigan, and
provincial treasurers, assessors, d. Other offenses or felonies whether
engineers, and other provincial simple or complexed with other crimes
department heads committed by the public officials and
● City mayors, vice-mayors, employees mentioned in subsection a. of
members of the sangguniang
Page 10 of 525
section 4 (as amended) in relation to their An action to nullify a Deed of

office Assignment and Conveyance is not one
e. Civil and criminal cases filed pursuant to involving a subject matter incapable of
and in connection with E.O. Nos. 1, 2, pecuniary estimation if the plaintiff also
14-A seeks to the transfer of possession and
f. Petitions for mandamus, prohibition, control of properties: In Home Guaranty
certiorari, habeas corpus, injunctions, and v. R-II Builders [G.R. No. 192649 (2011)],
other ancillary writs and processes in aid an action that sought the nullification of a
of its appellate jurisdiction, and petitions of Deed of Assignment and Conveyance was
similar nature, including quo warranto, characterized by the respondent on an MR
arising or that may arise in cases filed or before the SC as one involving a subject
which may be filed under Executive matter incapable of pecuniary estimation.
Order Nos. 1, 2, 14 and 14-A, issued in The SC disagreed and held that since the
1986 action was not solely for the annulment of
[Sec. 4, P.D. 1606, as amended by R.A. 10660] the Deed of Assignment and Conveyance
– indeed, the respondent consistently
CONCURRENT ORIGINAL JURISDICTION sought the transfer of possession and
With SC, CA, and RTC for petitions for writs of control of properties – following the its
amparo [Sec. 3, Rule on the Writ of Amparo] ruling in Ruby Shelter Builders and Realty
and habeas data [Sec. 3, Rule on the Writ of Development Corp. v. Formaran III, G.R.
Habeas Data] No. 175914 (2009), the subject of the
action was capable of pecuniary
APPELLATE JURISDICTION estimation.
The Sandiganbayan shall exercise exclusive
appellate jurisdiction over final judgments, However, if the principal nature of an
resolutions or orders of the RTC, whether in the action to cancel a contract to sell, where
exercise of their own original jurisdiction or of the defendant has already taken
their appellate jurisdiction, as herein provided possession of the property, involves a
[Sec. 4, P.D. 1606, as amended by R.A. 10660] determination on whether a suspensive
condition has been fulfilled – then the
e. Regional Trial Courts subject matter involved is one that is
incapable of pecuniary estimation: In
EXCLUSIVE ORIGINAL JURISDICTION Olivarez Realty v. Castillo [G.R. No.
a. All civil actions in which the subject of the 196251 (2014)], the action instituted in the
litigation is incapable of pecuniary trial court was one for the cancellation of a
estimation [Sec. 19(1), B.P. 129, as contract to sell, and prior to the institution
amended by R.A. 7691] of the action the defendant had already
proceeded to occupy the property involved.
Test: If it is primarily for the recovery of a In this instance, the SC held that the action
sum of money, the claim is considered involved a subject matter that was
capable of pecuniary estimation. On the incapable of pecuniary estimation. The
other hand, where the basic issue is difference in the ruling of the SC here and
something other than the right to recover a in Home Guaranty lies in that fact that in
sum of money, and the money claim is Olivarez Realty, what the plaintiff had
purely incidental to, or a consequence of, principally sought was a determination that
the principal relief sought, such actions are a suspensive condition for the perfection of
cases where the subject of the litigation is the contract had not been fulfilled: “the trial
incapable of pecuniary estimation. [Heirs of court principally determined whether
Padilla v. Magdua, G.R. No. 176858 Olivarez Realty Corporation failed to pay
(2010), quoting Singson v. Isabela Sawmill, installments of the property’s purchase
G.R. No. L-27343 (1979)] price as the parties agreed upon in the
Page 11 of 525
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)]
Lastly, an action for specific d. All actions involving the contract of

performance in one incapable of marriage and family relations [Sec.
pecuniary estimation. [Russel v. Vestil, 304 19(5), B.P. 129, as amended by R.A.
SCRA 738 (1999)] Any amount of 7691], and all civil actions and special
damages claimed in addition to the prayer proceedings falling within exclusive original
for specific performance is not jurisdiction of Juvenile and Domestic
determinative of jurisdiction. [1 Riano 135, Relations Court [Sec. 19(7), B.P. 129, as
2016 Bantam Ed.] amended by R.A. 7691]
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
Page 12 of 525
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
Page 13 of 525
cases, agrarian cases, urban land reform g. Metropolitan Trial Courts,

cases not falling within the jurisdiction of any Municipal Trial Courts,
quasi-judicial body and other special cases in Municipal Trial Courts in Cities,
the interest of justice [Sec. 23, B.P. 129]
Municipal Circuit Trial Courts
f. Family Courts EXCLUSIVE ORIGINAL JURISDICTION
a. Where the value of personal property,
a. Criminal cases where one or more accused
estate, or amount of demand does not
is below 18 but not less than 9 years old or
exceed P300,000 outside Metro Manila
where one or more victims was a minor at
or does not exceed P400,000 in Metro
time of commission of offense,
Manila, exclusive of interest, damages of
b. Petitions for guardianship, custody of
whatever kind, attorney’s fees, litigation
children and habeas corpus in relation to
expenses, and costs, in the following
children,
cases:
c. Petitions for adoption of children and
1. Civil actions,
revocation thereof,
2. Probate proceedings, (testate or
d. Complaints for annulment of marriage, intestate)
declaration of nullity of marriage and those
3. Provisional remedies in proper cases.
relating to status and property relations of [Sec. 33(1), B.P. 129, as amended by
husband and wife or those living together
R.A. 7691]
under different status and agreements, and
petitions for dissolution of conjugal
Totality Rule
partnership of gains,
If several claims or causes of action are
e. Petitions for support and/or
embodied in the same complaint, the amount
acknowledgment,
of all the demands shall be the basis in
f. Summary judicial proceedings brought
computation of the amount involved, if
under the provisions of Family Code, 1. Claims are in the same complaint
g. Petitions for declaration of status of
2. Claims are against the same defendant
children as abandoned, dependent or
3. No misjoinder of parties [1 Riano 104,
neglected children, voluntary or involuntary
2016 Bantam Ed.]
commitment of children, suspension,
termination or restoration of parental b. Forcible entry and unlawful detainer
authority, and other cases cognizable
(FEUD)
under P.D. 603, E.O. 56, s. 1986, and other Note: When defendant raises questions of
related laws,
ownership in his pleadings and the
h. Petitions for constitution of family home,
question of possession cannot be resolved
i. Cases against minors cognizable under
without deciding issue of ownership, the
Dangerous Drugs Act, as amended, (now
latter issue shall be resolved only to
R.A. 9165)
determine the former issue [Sec. 33(2),
j. Violations of R.A. 7610, or the “Special B.P. 129, as amended by R.A. 7691]
Protection of Children Against Child Abuse,
c. All civil actions involving title to, or
Exploitation and Discrimination Act”, and possession of, real property, or any
k. Cases of domestic violence against
interest therein where assessed value of
Women and Children. property or interest therein does not
[Sec. 5, R.A. 8369]
exceed P20,000 outside Metro Manila, or
does not exceed P50,000 in Metro Manila
[Sec. 33(3), B.P. 129, as amended by R.A.
7691]
d. Inclusion and exclusion of voters [Sec.
49, Omnibus Election Code]
Page 14 of 525
SPECIAL JURISDICTION 4. Aspects of Jurisdiction

Special jurisdiction over petition for writ of
habeas corpus OR application for bail in
a. Jurisdiction over the Parties
criminal cases in the absence of all RTC
judges in the province or city. [Sec. 35, B.P.
Jurisdiction over the parties refers to the
129]
power of the court to make decisions that are
binding on persons. [De Pedro v. Romansan
DELEGATED JURISDICTION OF THE MTC
Development Corp, G.R. No. 194751 (2014)]
Delegated jurisdiction of 1st level courts
assigned by SC to hear and decide cadastral
It is also called jurisdiction in personam
and land registration cases covering
which is the power required before a court can
a. Lots where there is no controversy or
enter a personal or an in personam judgment.
opposition
[Pennoyer vs Neff, 95 US 714 (1878)]
b. Contested lots the value of which does
not exceed P100,000, the value is to be
It is an element of due process that is essential
ascertained:
in all actions, civil or criminal, except in actions
1. By the claimant’s affidavit
in rem or quasi in rem. [Guy v. Gacott, G.R. No.
2. By agreement of the respective
206147 (2016)]
claimants, if there are more than one;
or
Kinds:
3. From corresponding tax declaration of
a. Over the plaintiff
the real property
b. Over the defendant
c. Over non-parties – It is a principle of
MTC decisions in cadastral and land
equity that jurisdiction over a person not
registration cases are appealable in the same
formally or originally a party to a litigation
manner as RTC decisions, since MTCs acting
may nevertheless be acquired, under
in their delegated capacity are treated
proper conditions, through the voluntary
under law like RTCs.
appearance of that person before the court.
[Sec. 34, B.P. 129, as amended by R.A. 7691]
[Rodriguez v. Alikpala, G.R. No. L-38314
(1974)]
DIFFERENCE BETWEEN 1ST LEVEL
COURTS
i. How jurisdiction over the plaintiff
1. Metropolitan Trial Court – in each
is acquired
metropolitan area established by law [Sec.
25, B.P. 129], particularly Metro Manila
Courts acquire jurisdiction over a party plaintiff
[Sec. 27, B.P. 129]
upon the filing of the complaint [De Pedro v.
2. Municipal Trial Courts in Cities – In every
Romansan Development Corp, G.R. No.
city not part of a metropolitan area [Sec. 29,
194751 (2014)]
B.P. 129]
3. Municipal Circuit Trial Court – in each
By the mere filing of the complaint, the plaintiff,
circuit comprising such cities and
in a civil action, voluntarily submits himself to
municipalities grouped together pursuant
the jurisdiction of the court. [Guy v. Gacott,
to law [Sec. 25, B.P. 129]
G.R. No. 206147 (2016)]
4. Municipal Trial Courts – in municipalities
not comprised within a metropolitan area
and a municipal circuit [Sec. 30, B.P. 129]
Page 15 of 525
ii. How jurisdiction over the Exercise of Jurisdiction is the exercise of

defendant is acquired such power or authority. Where there is
jurisdiction over the person and the subject
Jurisdiction over the person of the defendant is matter, the decision on all other questions
acquired: arising in the case is an exercise of that
1. By his voluntary appearance in court and jurisdiction. [Republic v. G Holdings, Inc, G.R.
his submission to its authority, or No. 141241 (2005)]
2. By service of summons.
[Sec. 20, Rule 14; Macasaet v. Co, G.R. No. iii. How Jurisdiction is Conferred and
156759 (2013)] Determined
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)]
i. Meaning of Jurisdiction over the Consequences of rule that jurisdiction is

Subject Matter conferred by law; it cannot be:
a. Conferred by voluntary act or agreement of
Jurisdiction over the subject matter is the the parties,
power of a particular court to hear the type of b. Acquired, waived, enlarged, or diminished
case that is then before it [1 Riano 71, 2014 by any act or omission of the parties, or
Bantam Ed., citing Black’s Law Dictionary 767, c. Conferred by the acquiescence of the
5th Ed.] courts,
[De la Rosa v. Roldan, G.R. No. 133882
It is the power to hear and determine cases of (2006)]
the general class to which the proceedings in d. Conferred by administrative policy of any
question belong [Reyes v. Diaz, G.R. No. L- court, or [Arranza v. B.F. Homes, Inc., G.R.
48754 (1941)] No. 131683 (2000)]
e. Conferred by a court’s unilateral
Subject matter jurisdiction simply refers to the assumption of jurisdiction. [Tolentino v.
judicial power that has been vested in a Social Security Commission, G.R. No. L-
specific type of court by the legal system, in 28870 (1985)]
terms of what kinds of action it can decide and [1 Riano 75-76, 2014 Bantam Ed.]
what powers it can exercise in relation thereto.
[Prof. Avena] Jurisdiction is not affected by the pleas set up
by the defendant in his answer or in a motion
ii. Distinguish: Jurisdiction and to dismiss, otherwise, jurisdiction would be
Exercise of Jurisdiction dependent on his whims. [Sindico v. Diaz, G.R.
No. 147444 (2004)]
Jurisdiction is the authority to decide a case.
It is the power of the court.
Page 16 of 525
iv. Distinguish: Doctrine of Primary k. When strong public interest is involved,

Administrative Jurisdiction and and
Doctrine of Exhaustion of l. In quo warranto proceedings.
Administrative Remedies [Province of Aklan v. Jody King Construction
and Dev’t Corp., G.R. No. 197592 (2013)]
General Rule: The doctrine of primary
jurisdiction holds that if a case is such that its The doctrine of primary jurisdiction is corollary
determination requires the expertise, to the doctrine of exhaustion of
specialized training and knowledge of the administrative remedies in which courts
proper administrative bodies, relief must first cannot determine a controversy involving a
be obtained in an administrative proceeding question which is within the jurisdiction of the
before a remedy is supplied by the courts even administrative tribunal prior to the resolution of
if the matter may well be within their proper that question by the administrative tribunal.
jurisdiction. [Province of Aklan v. Jody King [International Service v. Greenpeace
Construction and Dev’t Corp., G.R. No. 197592 Southeast Asia, G.R. No. 209271 (2015)]
(2013)]
v. Doctrine of Adherence of
The objective of the doctrine of primary Jurisdiction
jurisdiction is to guide the court in determining
whether it should refrain from exercising its Also known as doctrine of continuity of
jurisdiction until after an administrative agency jurisdiction [1 Riano 85-86, 2014 Bantam Ed.]
has determined some question or some aspect
of some question arising in the proceeding Once the jurisdiction of a court attaches, it
before the court. [Province of Aklan v. Jody continues until the case is finally
King Construction and Dev’t Corp., G.R. No. terminated. The trial court cannot be ousted
197592 (2013)] therefrom by subsequent happenings or
events, although of a character that would have
Exceptions: prevented jurisdiction from attaching in the first
a. Where there is estoppel on the part of the instance [Baritua v. Mercader, G.R. No.
party invoking the doctrine, 136048 (2001)]
b. Where the challenged administrative act is
patently illegal, amounting to lack of General Rule:
jurisdiction, Where a court has already obtained and is
c. Where there is unreasonable delay or exercising jurisdiction over a controversy, its
official inaction that will irretrievably jurisdiction to proceed to the final determination
prejudice the complainant, of the case is not affected by new legislation
d. Where the amount involved is relatively placing jurisdiction over such proceeding in
small, another tribunal [Southern Food v. Salas, G.R.
e. Where the question involved is purely legal No. 56428 (1992)]
and will ultimately have to be decided by
the courts, Exceptions:
f. Where judicial intervention is urgent, a. Where there is an express provision in the
g. When its application may cause great and statute; and
irreparable damage, b. The statute is clearly intended to apply to
h. Where the controverted acts violate due actions pending before its enactment
process, [People v. Cawaling, G.R. No. 117970 (1998);
i. When the issue of non-exhaustion of Southern Food v. Salas, G.R. No. 56428
administrative remedies has been (1992)]]
rendered moot,
j. When there is no other plain, speedy,
adequate remedy,
Page 17 of 525
vi. Objections to Jurisdiction over the which it has actively participated [Francel
Subject Matter Realty Corp. v. Sycip, G.R. No. 154684 (2005)]
When it appears from the pleadings or Note: Tijam v. Sibonghanoy must be

evidence on record that the court has no construed as an exception to the general
jurisdiction over the subject matter, the court rule and applied only in the most exceptional
shall dismiss the claim. [Sec. 1, Rule 9] cases where the factual milieu is similar to that
in the said case [Figueroa v. People, G.R. No.
The jurisdiction of a court over the subject 147406 (2008)]
matter of the action is a matter of law and may
not be conferred by consent or agreement of Note: Even if Sec. 12(b), Rule 8 of the
the parties. The lack of jurisdiction of a court Amended Rules provides that the failure to
may be raised at any stage of the proceedings, raise an affirmative defense at the earliest
even on appeal [SEAFDEC v. NLRC, G.R. No. opportunity constitutes a waiver thereof, the
86773 (1992)] failure to raise lack of jurisdiction over the
subject matter as an affirmative defense in
Under the Amended Rules, a motion to the answer does not waive such defense.
dismiss is now a prohibited motion, but one of The retention of Sec. 1, Rule 9 maintains the
the exceptions provided is the ground of lack status of lack of jurisdiction over the subject
of jurisdiction over the subject matter of the matter as a non-waivable defense. As such,
claim. [Sec. 12, Rule 15] Moreover, under the the proper action if one failed to raise the
Amended Rules, lack of jurisdiction over the court’s lack of jurisdiction over the subject
subject matter is also an affirmative defense matter in the answer would be to file a motion
which can be raised in a defendant’s answer. to dismiss, which can be filed at any point
[Sec. 12(d), Rule 8 in relation to Sec. 5(b), Rule during the proceedings, subject to the doctrine
6] in Tijam.
vii. Effect of Estoppel on Objection to c. Jurisdiction over the Issues

Jurisdiction
Jurisdiction over the issues is the power of
General rule: the court to try and decide the issues raised in
Lack of jurisdiction over the subject matter may the pleadings of the parties [Reyes vs Diaz,
be raised at any stage of the proceedings, G.R. No. 48754 (1941)]
even for the first time on appeal. The reason for
this is that jurisdiction is conferred by law, and An issue is a disputed point or question to
lack of it affects the very authority of the court which parties to an action have narrowed down
to take cognizance of the action [Asiatrust their several allegations and upon which they
Development Bank v. First Aikka Development, are desirous of obtaining a decision [1 Riano
Inc., G.R. No. 179558 (2011)] 83, 2016 Bantam Ed., citing Black’s Law
Dictionary 745, 5th Ed.]
Exception: Tijam v. Sibonghanoy [G.R. No. L-
21450 (1968)] espoused the doctrine of Generally, jurisdiction over the issues is
estoppel by laches, which held that a party conferred and determined by
may be barred from questioning a court’s a. The pleadings of the parties, which
jurisdiction after invoking the court’s authority present the issues to be tried and
in order to secure affirmative relief against its determine whether or not the issues are of
opponent, when laches would prevent the fact or law [Reyes v. Diaz, G.R. No. L-
issue of lack of jurisdiction from being raised for 48754 (1941)]
the first time on appeal by a litigant whose b. Stipulation of the parties as when, in the
purpose is to annul everything done in a trial in pre-trial, the parties enter into stipulations
Page 18 of 525
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)]
Jurisdiction over the res refers to the court’s 5. Distinguish: Error of

jurisdiction over the thing or the property which Jurisdiction and Error of
is the subject of the action [1 Riano 104, 2014
Bantam Ed.] Judgment
“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)]
How Acquired: Error of Judgment presupposes that the court

a. By seizure of the thing under legal process is vested with jurisdiction over the subject
whereby, it is brought into actual custody of matter but in the process of exercising such
the law (custodia legis); or jurisdiction, it committed mistakes in the
b. From the institution of legal proceedings appreciation of facts and the evidence leading
wherein, under special provisions of law, to an erroneous judgment. [1 Riano 58, 2016
the power of the court over the property is Bantam Ed]
recognized and made effective (potential
jurisdiction over the res) [Biaco v. Error of jurisdiction Error of judgment
Philippine Countryside Rural Bank, G.R. One which the court
One where the act
No. 161417 (2007); El Banco Español- may commit in the
complained of was:
Filipino v. Palanca, G.R. No. 11390 (1918)] exercise of its
(1) without
jurisdiction.
In order that the court may exercise power over jurisdiction or in
the res, it is not necessary that the court excess of jurisdiction
It includes errors of
should take actual custody of the property, [Cabrera v. Lapid,
procedure or
potential custody thereof being sufficient. G.R. No. 129098
mistakes in the
[Marcos, Jr. v. Republic, G.R. No. 189434 (2006)], or
court’s findings
Page 19 of 525
(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)]
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
Page 20 of 525
The Revised Rules shall govern the procedure Except:

in actions for payment of money where the 1. Where one party is the government or any
value of the claim does not exceed PHP subdivision or instrumentality thereof
400,000 in cases filed before the MeTC, and 2. Where one party is a public officer or
P300,000 in cases filed before the MCTC, employee, and the dispute relates to the
MTCS, and MTCC, exclusive of interest and performance of his official functions
costs. [ February 26, 2019 Resolution in A.M. 3. Offenses punishable by imprisonment
No. 08-8-7-SC] [OCA Circular No. 45-2019] exceeding one (1) year or a fine exceeding
P5,000
Applicability 4. Offenses where there is no private
All actions which are purely civil in nature, offended party
where the claim or relief prayed for by the 5. Where the dispute involves real properties
plaintiff is solely for payment or reimbursement located in different cities or municipalities
of sum of money. unless the parties thereto agree to submit
their differences to amicable settlement by
The claim or demand may be: an appropriate lupon
1. For money owed under a contract of lease, 6. Disputes involving parties who actually
loan, services, sale, or mortgage, reside in barangays of different cities or
2. For liquidated damages arising from municipalities, except where such
contracts, or barangay units adjoin each other and the
3. The enforcement of a barangay amicable parties thereto agree to submit their
settlement or an arbitration award involving differences to amicable settlement by an
a money claim covered by this Rule appropriate lupon
pursuant to Sec. 417 of the LGC. 7. Such other classes of disputes which the
[Sec. 2, A.M. No. 08-8-7-SC, February 1, 2016] President may determine in the interest of
justice or upon the recommendation of the
b. Cases Covered by Rules on Secretary of Justice
Summary Procedure [Sec. 408, Local Government Code]
8. Any complaint by or against corporations,
1. All cases of forcible entry and unlawful partnerships, or juridical entities, since only
detainer (FEUD), irrespective of the individuals shall be parties to barangay
amount of damages or unpaid rentals conciliation proceedings either as
sought to be recovered, complainants or respondents, [Sec. 1, Rule
2. All other cases, except probate VI, Katarungang Pambarangay Rules; also
proceedings, where the total amount of the see SC Administrative Circular No. 14-93]
plaintiff‘s claim does not exceed 9. Disputes where urgent legal action is
P100,000 outside Metro Manila or necessary to prevent injustice from being
P200,000 in Metro Manila, exclusive of committed or further continued,
interest and costs specifically:
[Sec. 1, Revised Rule on Summary Procedure, a. A criminal case where the accused is
as amended by A.M. No. 02-11-09-SC] under police custody or detention,
b. A petition for habeas corpus by a
c. Cases Covered by Barangay person illegally detained or deprived of
his liberty or one acting in his behalf,
Conciliation c. Actions coupled with provisional
remedies, such as preliminary
The Lupon of each barangay shall have the
injunction, attachment, replevin and
authority to bring together the parties actually
support pendente lite, or
residing in the same municipality or city for d. Where the action may be barred by the
amicable settlement of all disputes.
Statute of Limitations,
Page 21 of 525
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
Page 22 of 525
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
b. 2. Meaning of Criminal Actions Real Action Personal Action

It is an action
One by which the State prosecutes a person affecting title to or It refers to all other
for an act or omission punishable by law [Sec. possession of real actions which are
3(b), Rule 1] property, or interest not real actions.
therein. [See Sec. 1, [Sec. 2, Rule 4]
Proceedings are to be regarded as criminal Rule 4]
when the purpose is primarily punishment, and
civil when the purpose is primarily Why distinction is important
compensatory or remedial. [People vs Godoy, In order to determine the proper venue of the
243 SCRA 64 (1995)] action. [Sec.1, Rule 4 in relation to Sec. 2, Rule
4]
c. Meaning of Special Civil
Actions For purposes of determining venue, the
question of whether or not the venue has been
A special civil action is one which is subject properly laid depends to a great extent on the
to the specific rules prescribed for a special civil kind of action (real or personal) presented by
action but also governed by the rules for the complaint. [PICOP v. Samson, G.R. No. L-
ordinary civil actions. [Sec. 3(a), par. 2, Rule 1] 30175 (1975)]
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.
Page 23 of 525
f. Local and Transitory Actions
Local Action Transitory Action

A transitory action is
A local action is one
one which may be
which has to be filed
filed in the residence
in the place where
of the plaintiff or
the property is
defendant, at the
located. [Sec.1, Rule
option of the plaintiff.
4]
[Sec. 2, Rule 4]
One that could be
One that could be
prosecuted in any
instituted in one
one of several
specific place.
places.
[Manila Railroad v.
[ManilaRailroad v.
Attorney-General,
Attorney-General,
G.R. No. L-6287
G.R. No. L-6287
(1911)]
(1911)]
g. Actions in rem, in personam,

and quasi in rem
Why distinction is important

● To determine the binding effect of a
decision the court may render over a
party, whether impleaded or not
[Paderanga v. Buissan, G.R. No. 49475
(1993)]
● To determine whether or not jurisdiction
over the person of the defendant is
required, and the type of summons to be
employed [1 Riano 206, 2016 Bantam Ed.]
Page 24 of 525
Actions in rem, in personam, and quasi in rem
Action in rem Action in personam Action quasi in rem

Action against the thing Names a person as
or res itself, instead of One which seeks to defendant, but its object is
against the person enforce personal rights to subject that person's
[Hernandez v. Rural and obligations brought interest in a property to a
Definition
Bank of Lucena, Inc. against the person. corresponding lien or
G.R. No. L-29791, [Paderanga v. Buissan, obligation [Lucas v. Lucas,
(1978)] GR. No. 49475 (1993)] G.R. No. 190710 (2011)]
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)]
Page 25 of 525
3. Cause of Action who has committed a primary rights of the

delict or wrong plaintiff. [Racoma v.
a. Meaning of Cause of Action against him. Fortich, G.R. No. L-
29380 (1971)]
A cause of action is an act or omission by Right to sue as a
which a party violates a right of another [Sec. consequence of the The delict or wrong.
2, Rule 2] delict.
The cause of action
Without a cause of action, one cannot seek of the plaintiff is
judicial relief for a violation of one’s rights A right of action is determined by the
because every ordinary civil action must be
determined by averments in the
based on a cause of action [Sec. 1, Rule 2]
substantive law. pleading regarding
Bases of cause of action the acts committed
A cause of action stems from the sources of by the defendant.
obligations under Art. 1156 of the CC [1 Regalado 21, 2010 Ed.]
a. Law,
b. Contract, There can be no right of action without a
c. Quasi-contract, cause of action being first established.
d. Acts and omissions punishable by law, or [Español v. The Chairman and Members of the
e. Quasi-delict Board of Administrators, Philippine Veterans
[Sagrada Orden etc v. NACOCO, G.R. No. L- Administration, G.R. No. L-44616 (1985)]
3756 (1952)]
c. Distinguish: Failure of the
Elements of a cause of action Complaint to State a Cause of
a. Plaintiff’s legal right; Action and Lack of Cause of
b. Defendant’s correlative obligation to Action
respect plaintiff’s right; and
c. Defendant’s act/omission in violation of The cause of action must unmistakably be
plaintiff’s right alleged in the complaint, such that all the
[Ma-ao Sugar Central v. Barrios, G.R. No. L- elements required by substantive law must
1539 (1947)] clearly appear from a mere reading of the
complaint. [1 Riano 240, 2014 Bantam Ed.]
When cause of action must exist
A cause of action must exist at the time of the Failure to state a cause of action is no longer a
filing of the complaint – else, the case shall ground for a motion to dismiss under the
be dismissible for being a groundless suit. Amended Rules. It is, however, one of the
[Swagman Hotels and Travel v. CA, G.R. No. enumerated Affirmative Defenses that must be
161135 (2005), reiterating Surigao Mine set out in the Answer or else it is deemed
Exploration v. Harris, G.R. No. L-45543 (1939)] waived. [Sec 12, Rule 8]
b. Distinguish: Right of Action and The complaint must contain a concise

Cause of Action statement of the ultimate or essential facts
constituting the plaintiff’s cause of action. The
Right of Action Cause of Action focus is on sufficiency, not veracity, of the
The remedial right or The delict or material allegations. [Anchor Savings Bank v.
right to relief granted wrongful act or Furigay, G.R. No. 191178 (2013)]
by law to a party to omission committed
institute an action by the defendant in
against a person violation of the
Page 26 of 525
How to determine existence of cause of

Failure to State Lack of Cause of action
Cause of Action Action
Refers to the Refers to a situation General rule:
insufficiency of the where the evidence Determination shall be based only on facts
alleged in the complaint and from no other,
allegations in the failed to prove the
and the court cannot consider other matters
pleading. cause of action.
aliunde [Manaloto v. Veloso III, G.R. No.
The proper remedy 171635 (2010)]
when there is a
The proper remedy
failure to state a Exception:
when the complaint
cause of action is to Instances when the SC considered matters
is not based on a
allege the same as aside from the facts alleged in the complaint,
cause of action is to
an affirmative such as:
file a Demurrer of
defense in the a. Documents attached to the complaint
Evidence. [Rule 33] [Agrarian Reform Beneficiaries Association
Answer. [Sec. 12(4),
Rule 8] v. Nicolas, G.R. No. 168394 (2008)] – this
[Macaslang v. Zamora, G.R. No. 156375 case refers to actionable documents which
(2011)] by express provision of the ROC are
deemed part of the pleading.
b. Appended annexes, other pleadings, and
d. Test of Sufficiency of Cause of
admissions on record [Zepeda v. China
Action Banking Corp., G.R. No. 172175 (2006)] –
the jurisprudence establishing this
The test of sufficiency of a cause of action supposed exception ultimately points to
rests on whether, hypothetically admitting dismissals based on a lack of a cause of
the facts alleged in the complaint to be true, action, opposed to a failure of the
the court can render a valid judgment upon complaint to state a cause of action.
the same, in accordance with the prayer in the
complaint. [Heirs of Maramag v. Maramag,
e. Splitting a Single Cause of
G.R. No. 181132 (2009)]
Action and its Effects
However, there is no hypothetical admission
of the veracity of the allegations if The act of instituting two or more suits on
a. The falsity of the allegations is subject to the basis of the same cause of action [Sec.
judicial notice; 4, Rule 2], or splitting a single cause of action,
b. The allegations are legally impossible; is prohibited by the Rules. Such is referred to
c. The allegations refer to facts which are as “splitting a single cause of action”. A
inadmissible in evidence; party may not institute more than one suit for a
d. By the record or document in the pleading, single cause of action. [Sec. 3, Rule 2]
the allegations appear unfounded; or
e. There is evidence which has been Such violates the policy against multiplicity of
presented to the court by stipulation of the suits, whose primary objective is to avoid
parties or in the course of hearings related unduly burdening the dockets of the court
to the case [Dynamic Builders & Construction Co Inc v.
[Heirs of Maramag v. Maramag, G.R. No. Presbitero, Jr. G.R. No. 174202 (2015)]
181132 (2009)]
Page 27 of 525
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
Page 28 of 525
An erroneously joined cause of action may, on c. Corporations, partnerships, and

motion of a party or on the initiative of the court, associations for private interest or
be severed and proceeded with separately. purpose to which the law grants a
Misjoinder is not a ground for dismissal of an judicial personality, separate and
action [Sec. 6, Rule 2] distinct from that of each shareholder,
partner, or member
Subject to waiver d. [Art. 44, Civil Code]
If there is no objection to the improper joinder
or the court did not motu proprio direct a 3. Entities authorized by law [Sec. 1, Rule
severance, then there exists no bar in the 3]
simultaneous adjudication of all the a. A corporation by estoppel is precluded
erroneously joined causes of action, as long as from denying its existence, and the
the court trying the case has jurisdiction members are liable as general partners
over all of the causes of action therein [Sec. 21, Corporation Code]
notwithstanding the misjoinder [Ada v. Baylon, b. A partnership with capital of at least
G.R. No. 182435 (2012)] P3,000 which fails to comply with the
registration requirements is liable as a
If the court has no jurisdiction to try the partnership to third persons [Arts.
misjoined action, then it must be severed. 1768, 1772, Civil Code]
Otherwise, adjudication rendered by the court c. The estate of a deceased person is a
with respect to it would be a nullity. [Ada v. juridical entity that has a personality of
Baylon, G.R. No. 182435 (2012)] its own [Nazareno v. C.A., G.R. No.
138842 (2000), citing Limjoco v.
4. Parties to Civil Actions Intestate Estate of Fragrante, G.R. No.
L-770 (1948)]
Plaintiff d. A legitimate labor union may sue and
May refer to the claiming party, counter- be sued in its registered name [Art.
claimant, cross-claimant, or third-party plaintiff. 251(e), Labor Code]
[Sec. 1, Rule 3] e. The Roman Catholic Church may be a
party; as to its properties, the
Defendant Archbishop of diocese to which they
May refer to the original defending party, the belong may be a party [Barlin v.
defendant in a counterclaim, the cross- Ramirez, G.R. No. 2832 (1906);
defendant, or the third (fourth, etc.)-party Versoza v. Fernandez, G.R. No. 32276
defendant. [Sec. 1, Rule 3] (1930)]
f. A dissolved corporation may prosecute
Also includes an unwilling co-plaintiff - any and defend suits by or against it
party who should be joined as plaintiff but provided that the suits (i) occur within
whose consent cannot be obtained. He may be three (3) years after its dissolution, and
made a defendant and the reason therefore (ii) the suits are in connection with the
shall be stated in the complaint. [Sec. 10, Rule settlement and closure of its affairs
3] [Sec. 139, Revised Corporation Code]
4. [1 Riano 214, 2016 Bantam Ed.]
Who may be parties a. Two or more persons not organized as
1. Natural persons [Sec. 1, Rule 3] an entity with juridical personality but
2. Juridical persons [Sec. 1, Rule 3] enter into a transaction
a. The State and its political subdivisions b. [Sec. 15, Rule 3]
b. Other corporations, institutions and
entities for public interest or public Legal capacity to sue
purpose, created by law, and Facts showing the capacity of a party to sue or
be sued, or the authority of a party to sue or be
Page 29 of 525
sued in a representative capacity, or the legal Remedies for the Plaintiff

existence of an organized association of 1. Amendment of pleadings [Alonso v.
persons that is made a party, must be Villamor, G.R. No. L-2352 (1910)]; or
averred. [Sec. 4, Rule 8] 2. Complaint may be deemed amended to
include the real party-in-interest [Balquidra
a. Real Parties in Interest; v. CFI Capiz, G.R. No. L-40490 (1977)]
Indispensable Parties;
When real party-in-interest bound despite
Representatives as Parties;
not being formally impleaded
Necessary Parties; Indigent As an exception, the real litigant may be held
Parties; Alternative Defendants bound as a party even if not formally
impleaded, provided he had his day in court.
i. Real Parties in Interest [Albert v. University Publishing Co., G.R. No. L-
9300 (1958)]
The party who stands to be benefited or injured
by the judgment in the suit, or the party entitled ii. Indispensable Parties
to the avails of the suit [Sec. 2, Rule 3]
A real party-in-interest without whom no final
Nature of interest determination can be had of an action [Sec. 7,
The interest must be real, which is a present Rule 3]
and substantial interest, as distinguished from
a mere expectancy or a future, contingent, An indispensable party is one whose interest
subordinate, or consequential interest. [Rayo v. in the subject matter of the suit and the relief
Metrobank, G.R. No. 165142 (2007)] sought are so inextricably intertwined with the
other parties that his legal presence as a party
It should be material and direct, as to the proceeding is an absolute necessity.
distinguished from a mere incidental interest [Benedicto-Munoz v. Cacho-Olivares, G.R. No.
[Mayor Rhustom Dagadag v. Tongnawa, G.R. 179121 (2015)]
No. 161166-67 (2005)]
A party is not indispensable if his interest in
Why necessary to determine the real party the controversy or subject matter is distinct and
in interest divisible from the interest of the other parties
General rule: Every action must be prosecuted and will not necessarily be prejudiced by a
or defended in the name of the real party in judgment which does not complete justice to
interest. the parties in court. [Benedicto-Munoz v.
Cacho-Olivares, G.R. No. 179121 (2015)]
Exception: Unless otherwise provided by law
or the Rules. [Sec. 2, Rule 3] iii. Representatives as Parties
If the suit is not brought in the name of or A representative may be a trustee of an

against the real party-in-interest, the defendant express trust, a guardian, an executor or
must set out in his answer as an Affirmative administrator, or a party authorized by law or
Defense the ground that the complaint “states the ROC. [Sec. 3, Rule 3]
no cause of action.” [Sec 12, Rule 8]
Beneficiary to be included in the title of the
Spouses as parties case
General rule: Husband and wife shall sue and Where the action is allowed to be prosecuted
be sued jointly. or defended by a representative or someone
acting in a fiduciary capacity, the beneficiary
Exception: As provided by law. shall be included in the title of the case and
[Sec. 4, Rule 3]
Page 30 of 525
shall be deemed to be the real party in interest. v. Indigent Parties

[Sec. 3, Rule 3]
Indigent Parties Indigent Litigants
Minor or incompetent person as party [ Rule 21] [Sec 19, Rule 141]
A minor or a person alleged to be incompetent One whose gross
may sue or be sued, with the assistance of his income and that of
father, mother, guardian, or if he has none, a their immediate
guardian ad litem. [Sec. 5, Rule 3] One who has no
family do not exceed
money or property
an amount double
iv. Necessary Parties sufficient and
the monthly
available for food,
A necessary party is not one who is minimum wage of an
shelter, and basic
indispensable but, rather, one who ought to be employee, and who
necessities [Sec. 21,
joined as a party if complete relief is to be does not own real
Rule 3]
accorded as to those already parties, or for a property with a fair
complete determination or settlement of the market value of more
claim subject of the action. [Sec. 8, Rule 3] than PHP300,000
To be entitled to the
Indispensable exemption herein
Necessary Parties
Parties provided, the litigant
Must be joined May be joined shall execute an
under any and all whenever possible affidavit that he and
conditions [Borlasa [Borlasa v. Polistico, his immediate family
v. Polistico, G.R. No. G.R. No. 22909 do not earn a gross
22909 (1925)] (1925)] income above
Presence is Presence is not mentioned, nor they
mandatory, he must mandatory because own any real
be joined because his interest is property with the
the court cannot separable from that assessed value
proceed without him of the indispensable aforementioned,
[1 Riano 281, 2014 party. [1 Riano 281, supported by an
Bantam Ed.] 2014 Bantam Ed.] affidavit of a
Final decree can be disinterested
had in a case even person attesting to
without a necessary the truth of the
No final
party. [Chua v. litigant’s affidavit
determination can be
Torres, G.R. No. 1. Exemption from 1. Exempt from the
had of a case without
151900 (2005); payment of payment of legal
his presence.
Seno v. Mangubat, docket and other fees.
G.R. No. L-44339 lawful fees, and
(1987)] of transcripts of 2. The legal fees
stenographic shall be a lien on
notes which the any judgment
court may order rendered in the case
to be furnished favorably to the
him indigent litigant,
2. Amount of the unless the court
docket and other otherwise provides
Page 31 of 525
lawful fees shall inconsistent with a right to relief against the

be a lien on any other [Sec. 13, Rule 3]
judgment
rendered in the b. Compulsory and Permissive
case favorable to Joinder of Parties
the indigent,
unless the court General Rule:
otherwise The joinder of parties is permissive
provides
Exception:
Consequence if
It is compulsory when the one involved is an
party not actually indispensable party.
indigent: Any falsity in the [Crisologo v. JEWN Agro-Industrial
The proper docket affidavit of a litigant Corporation, G.R. No. 196894 (2014)]
and other lawful fees or a disinterested
shall be assessed party shall be i. Compulsory Joinder
and collected by the sufficient cause to
clerk of court. dismiss the Parties in interest without whom no final
If payment is not complaint or action determination can be had of an action (i.e.
made within the time or to strike out the indispensable parties) shall be joined either as
fixed by the court, pleading of that plaintiffs or defendants. [Sec. 7, Rule 3]
execution shall issue party, without
Effect of non-joinder of indispensable
or the payment prejudice to
parties
thereof, without whatever criminal
The absence of an indispensable party renders
prejudice to such liability may have all subsequent actions of the trial court null
other sanctions as been incurred and void for want of authority to act, not only
the court may as to the absent parties but even as to those
impose present. [Moldes v. Villanueva, G.R. No.
161955 (2012)]
Summary of rules for indigent litigants
If the applicant for exemption meets the salary Failure to implead an indispensable party is not
and property requirements under Sec. 19 of a ground for dismissal of an action, as the
Rule 141, then the grant of the application is remedy in such a case is to implead the
mandatory. party claimed to be indispensable,
considering that the parties may be added by
On the other hand, when the application does order of the court, on motion of the party or on
not satisfy one or both requirements, then the its own initiative at any stage of the action.
application should not be denied outright; [Galido v. Magrare, G.R. No. 206584 (2016)]
instead, the court should apply the "indigency
test" under Sec. 21, Rule 3 and use its sound Effect of misjoinder or non-joinder of
discretion in determining the merits of the parties; when ordered by the court
prayer for exemption. [Sps. Algura v. City of It is when the order of the court to implead
Naga, G.R. No. 150135 (2006)] an indispensable party goes unheeded that
the case may be dismissed. The court has
vi. Alternative Defendants authority to dismiss a complaint due to the fault
of the plaintiff when he does not comply with
Where the plaintiff is uncertain against whom any order of the court [Plasabas v. CA, G.R.
of several persons he is entitled to relief, he No. 166519 (2009)]
may join any or all of them in the alternative,
although a right to relief against one may be
Page 32 of 525
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.]
Page 33 of 525
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)]
Right to intervene There is no class suit in an action for damages

In a class suit, any party in interest shall have filed by the relatives of the fatalities in a plane
the right to intervene to protect his individual crash. There is no common or general interest
interest [Sec. 12, Rule 3] in the injuries or death of all passengers in the
plane. Each has a distinct and separate
No dismissal upon the instance of plaintiff interest which must be proven individually [1
or due to compromise Riano 244, 2016 Bantam Ed.]
A class suit shall not be dismissed or
compromised without the approval of the court v. Suits Against Entities Without
[Sec. 2, Rule 17] Juridical Personality
Examples of Class Suits Requisites

1. Taxpayer’s suit a. There are 2 or more persons not organized
A taxpayer's suit or a stockholder's derivative as a juridical entity; and
suit is in the nature of a class suit, although b. They enter into a transaction. [Sec. 15,
subject to the other requisites of the Rule 3]
corresponding governing law especially on the
issue of locus standi [1 Regalado 99, 2010 Ed.] Persons associated in an entity without juridical
personality may be sued under the name by
2. Derivative suit which they are generally or commonly
A derivative suit is an action brought by a known. [Sec. 15, Rule 3]
stockholder on behalf of the corporation to
enforce corporate rights against the Note: The authority to be a party under Sec. 15,
corporation’s directors, officers or other Rule 3 is confined only to being a defendant
insiders. Under the Revised Corporation Code, and not as a plaintiff. This is evident from the
the directors or officers, as provided under the words, “they may be used” [1 Riano 265, 2014
by-laws, have the right to decide whether or not Bantam Ed.]
a corporation should sue. Since these directors
or officers will never be willing to sue When persons associated in an entity without
themselves, or impugn their wrongful or juridical personality are sued, the service of
fraudulent decisions, stockholders are summons may be effected upon all the
permitted by law to bring an action in the defendants by serving upon any of them, or
name of the corporation to hold these upon the person in charge of the office or place
directors and officers accountable. In derivative of business maintained under such name.
suits, the real party in interest is the [Sec. 7, Rule 14]
corporation, while the stockholder is a mere
nominal party [Ang v. Ang, G.R. No. 201675 vi. Effect of Death of Party Litigant
(2013)]
Not a Class Suit

There is no class suit in an action filed by
associations of sugar planters to recover
Page 34 of 525
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
Action of court upon notice of death Summons not necessary

Upon receipt of notice, the court shall The substitute defendant need not be
determine if the claim is extinguished by such summoned. The order of substitution shall
death. be served upon the parties substituted for the
a. Claim does not survive: substitution court to acquire jurisdiction over the substitute
would not be ordered party [Ferreria v. Vda de Gonzales, G.R. No. L-
b. Claim survives: the court shall order the 11567 (1986)]
legal representative of the deceased to
appear and be substituted for him within 30 Effect of failure to order substitution
days [Sec. 16, Rule 3] Results in failure to acquire jurisdiction over
[1 Riano 286, 2014 Bantam Ed., suggesting the representative or heirs of the deceased
Aguas v. Llemos, G.R. No. L-18107 (1962)] party. Consequently, any judgment rendered
against such deceased party shall be null and
Survival of Action void for lack of jurisdiction over the persons of
Survival depends on the nature of the action the legal representative or of the heirs upon
and the damage sought. whom the trial and the judgment would be
binding [The Heirs of Vda. De Haberer v. Court
Actions that do not of Appeals, et al., G.R. Nos. L-42699 to L-2709
Actions that survive
survive (1981)]
The wrong complained
The injury complained
of affects primarily and Rule in case of death or separation of party
of is personal to the
principally property and who is a public officer
person
property rights The action may be continued or maintained by
Property and property or against his successor [Sec. 17, Rule 3]
Injuries to the person
rights affected are Requisites:
are merely incidental
incidental a. A public officer is a party to an action in his
[Cruz v. Cruz, G.R. No.
[Cruz v. Cruz, G.R. No. official capacity;
173292 (2010)]
173292 (2010)] b. During the pendency of the action, he dies,
E.g. Actions to recover resigns, or otherwise ceases to hold office;
real and personal c. Within 30 days after the successor takes
property from the office or such time as may be granted by
estate; actions to E.g. Action for support, the court, any party shows to the
enforce a lien thereon; annulment of marriage, satisfaction of the court, that
and actions to recover legal separation • there is a substantial need for
damages for an injury [1 Riano 291, 2014 continuing or maintaining such action;
to person or property Bantam Ed.]
and
[Sec. 1, Rule 88; Aguas
• the successor adopts or continues his
v. Llemos, G.R. No. L-
predecessor’s action, or threatens to
18107 (1962)]
do so
d. Before a substitution is made, the party or
officer to be affected shall be given
Page 35 of 525
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
Page 36 of 525
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
Page 37 of 525
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
Page 38 of 525
Prior to the Amended Rules, evidentiary facts ii. Answer

were supposed to be omitted from pleadings,
as these matters should be presented during An answer is a pleading in which a defending
trial. However, the contents of pleadings are no party sets forth his or her defenses. [Secs. 2
longer limited to ultimate facts since under Sec. and 4, Rule 6]
6, Rule 7, the witnesses, summaries of their
testimonies, their judicial affidavits, and 1. Negative Defenses
documentary and object evidence should
already be included in the pleading. Likewise, A negative defense is the specific denial of
Sec. 1 of Rule 8 also states that every pleading the material fact or facts alleged in the pleading
must contain the ultimate facts, including the of the claimant essential to his or her cause or
evidence on which the party pleading relies. causes of action. [Sec. 5 (a), Rule 6]
a. Kinds of pleadings and when Note: A general denial is considered as an

they should be filed admission. [1 Riano 293, 2016 Bantam Ed.]
i. Complaint There are three kinds of specific denials,

namely:
The complaint is the pleading alleging the 1. Absolute Denials - made when the
plaintiff’s or claiming party’s cause or causes of defendant specifies each material
action. [Sec. 3, Rule 6] allegation which he does not admit and,
whenever practicable, sets forth the
Note: Counterclaims, cross-claims, third-party substance of the matters upon which he
complaints, and complaints-in-intervention are relies to support his denial. [PBCOM v. Go,
kinds of complaints. [Sec. 2, Rule 6] G.R. No. 175514 (2011)]
2. Partial Denials - made when the
Function defendant does not make a total denial of
1. To inform the defendant clearly and the material allegations, but denies only a
definitely of the claims made against him so part of the averment. Here, he specifies
that he may be prepared to meet the issues which part of the truth he admits and
at trial. likewise denies. [1 Riano 269, 2016
2. To inform the defendant of all material facts Bantam Ed.]
on which the plaintiff relies to support his 3. Denial through Disavowal of Knowledge
demand. - made when the defendant alleges he “is
3. To state the theory of a cause of action without knowledge or information sufficient
which forms the basis of the plaintiff's claim to form a belief as to the truth of the
of liability [Tantuico v. Republic, G.R. No. material averments in the complaint”.
89114 (1991)] [Warner Barnes v. Reyes, 103 Phil. 662
(1958)]
Facts alleged in the complaint are judicial
admissions that bind the plaintiff and may be 2. Negative Pregnant
the basis to dismiss the complaint [Luzon
Development Bank v. Conquilla, G.R. No. A denial, pregnant with the admission of the
163338 (2005)]. substantial facts in the pleading responded to
which are not squarely denied. It is in effect an
Allegations of the complaint determine the admission of the averment it is directed to.
nature of the cause of action and the body or [Philamgen v. Sweet Lines, G.R. No. 87434
court which has jurisdiction over the action (1993)]
[Ching vs Subic Bay Golf and Country Club,
Inc, G.R. No. 174353 (2014)] A negative pregnant does not qualify as a
specific denial. It is conceded to be actually an
Page 39 of 525
admission. It refers to a denial which implies Compulsory Permissive

its affirmative opposite by seeming to deny only Counterclaim Counterclaim
a qualification or an incidental aspect of the A compulsory
allegation but not the main allegation itself [1
counterclaim, which
Riano 358, 2014 Bantam Ed.]
a party has at the
Not subject to the
Examples: When the defense alleges “I have time the answer is
rule on compulsory
never borrowed money from the plaintiff from filed, shall be
counterclaims.
2011 to 2013,” such may imply that there was contained in the
borrowing of money at other times. [1 Riano Hence, it may be set
answer [Sec. 8, Rule
297, 2016 Bantam Ed.] up as an
11] because a
independent action
compulsory
3. Affirmative Defenses and will not be
counterclaim not
barred if not
An affirmative defense is an allegation of a raised in the same
contained in an
new matter which, while hypothetically action shall be
admitting the material allegations in the answer to the
barred, unless
pleading of the claimant, would nevertheless complaint.
otherwise allowed
prevent or bar recovery by him or her.
by these rules.
The affirmative defenses include fraud, statute [Sec. 7, Rule 6]
of limitations, release, payment, illegality, Not an initiatory
Initiatory pleading
statute of frauds, estoppel, former recovery, pleading
discharge in bankruptcy, and any other matter Should be
by way of confession and avoidance. accompanied by a
certification against
Affirmative defenses may also include grounds
for the dismissal of a complaint, specifically: forum shopping and,
1. That the court has no jurisdiction over the Said certifications whenever required
subject matter are not required by law, also a
2. That there is another action pending certificate to file
between the same parties for the same action issued by the
cause (lis pendens), or Lupong
3. That the action is barred by a prior
Tagapamayapa
judgment. [Sec. 5 (b), Rule 6]
Must be answered
Note: The foregoing three (3) grounds need not by the party against
Failure to answer a
be included in the answer due to the use of the whom it is
compulsory
word “may”. Also note that these grounds for interposed,
dismissal (in addition to statute of limitations) counterclaim is not a
otherwise he may be
may still be raised at any time since they are cause for a default
declared in default
not waivable. [Sec. 1, Rule 9 in relation to Sec. declaration.
12 (a), Rule 15] as to the
counterclaim
Further discussion on affirmative defenses [1 Riano 385-387, 2014 Bantam Ed.]
under 4. Allegations in a Pleading.
How raised
iii. Counterclaims 1. By including it in the Answer
• A compulsory counterclaim or a cross-
Any claim which a defending party may have claim that a defending party has at the
against an opposing party [Sec. 6, Rule 6] time he or she files his or her answer
Page 40 of 525
shall be contained therein. [Rule 11, incompatible remedies. If he files a motion to

Sec. 8] dismiss, he will lose his counterclaim. But if he
2. By filing after the Answer opts to set up his counterclaim, he may still
• Omitted Compulsory Counterclaim - plead his ground for dismissal as an affirmative
If a counterclaim already existed at the defense in his answer. [Financial Building
time of the filing of the answer and the Corp. v. Forbes Park Association, G.R. No.
defendant fails to raise it, it shall 133119 (2000)]
generally be barred. [Sec. 7, Rule 6]
On amounts
However, an exception to this would be 1. In an original action before the RTC, the
a counterclaim by amendment before counterclaim may be considered
judgment, when the counterclaim was compulsory regardless of the amount.
not set up due to oversight, [Sec. 7, Rule 6]
inadvertence, or excusable neglect. 2. If a counterclaim is filed in the MTC in
[Sec. 10, Rule 11] excess of its jurisdictional limits, the excess
is considered waived. [Agustin v. Bacalan,
• Compulsory Counterclaim arising G.R. No. L-46000 (1985)]
after Answer - A counterclaim, which
either matured or was acquired by a 2. Permissive
party after serving his answer may,
with permission of the court, be A counterclaim is permissive if it does not
presented as a counterclaim by arise out of, nor is necessarily connected with,
supplemental pleading before the subject matter of the opposing party’s
judgment. [Sec. 9, Rule 11] claim. This is not barred even if not set up in
the action. [1 Herrera 686, 2007 Ed.] Basically,
1. Compulsory a permissive counterclaim is one where any of
the aforementioned requirements of a
Requisites compulsory counterclaim are missing. [1 Riano
1. It arises out of, or is connected with the 320, 2016 Bantam Ed.]
transaction or occurrence constituting the
subject matter of the opposing party's The rule in a permissive counterclaim is that for
claim, the trial court to acquire jurisdiction, the
2. It does not require for its adjudication the counterclaimant is bound to pay the prescribed
presence of third parties of whom the court docket fees. [1 Riano 387, 2014 Bantam Ed.,
cannot acquire jurisdiction, and citing GSIS v. Heirs of Caballero, G.R. No.
3. It must be within the jurisdiction of the court 158090 (2010)]
both as to the amount and the
nature, except that in an original action Note: Even if the counterclaim arises out of the
before the RTC, the counter-claim may be subject-matter of the opposing party's claim but
considered compulsory regardless of the it is not within the jurisdiction of the regular
amount. [Sec. 7, Rule 6] courts of justice, or it requires for its
adjudication the presence of third parties
A plaintiff who fails or chooses not to answer a over whom the court cannot acquire
compulsory counterclaim may not be declared jurisdiction, it is considered as only a
in default, principally because the issues raised permissive counterclaim and is not barred
in the counterclaim are deemed automatically even if not set up in the action. (see also Sec.
joined by the allegations in the complaint [Gojo 2, Rule 9) [1 Regalado 143-144, 2010 Ed.]
v. Goyala, G.R. No. L-26768 (1970)].
The filing of a motion to dismiss and the

setting up of a compulsory counterclaim are
Page 41 of 525
Determining whether a counterclaim is oversight, inadvertence, or excusable neglect.

compulsory or permissive [Sec. 10, Rule 11]
A positive answer on all four the following tests
would indicate that the counterclaim is Cross-claim arising after Answer - A cross-
compulsory claim, which either matured or was acquired by
a. Are the issues of fact and law raised by the a party after serving his answer may, with
claim and counterclaim largely the same? permission of the court, be presented as a
b. Would res judicata bar a subsequent suit cross-claim by supplemental pleading before
on defendant’s claims, absent the judgment. [Sec. 9, Rule 11]
compulsory counterclaim rule?
c. Will substantially the same evidence When a cross-claim is proper
support or refute the plaintiff's claim as well 1. It arises out of the subject matter of the
as the counterclaim? complaint.
d. Is there any logical relation between the 2. It is filed against a co-party.
claim and counterclaim? 3. The cross-claimant stands to be prejudiced
[GSIS v. Heirs of Caballero, G.R. No. 158090 by the filing of the action against him
(2010)] [Londres v. CA, G.R. No. 136427 (2002)]
3. Effect on counterclaim when Improper cross-claims

complaint is dismissed 1. Where the cross-claim is improperly
allowed, the remedy is certiorari [Malinao v.
The dismissal of the complaint shall be without Luzon Surety, G.R. No. L-16082 (1964)]
prejudice to the prosecution in the same or 2. The dismissal of a cross-claim is
separate action of a counterclaim pleaded in unappealable when the order dismissing
the answer in the following cases the complaint becomes final and executory
1. Dismissal under Sec. 2, Rule 17 – where [Ruiz, Jr. v. CA, G.R. No. 101566 (1993)]
the plaintiff files a motion to dismiss the 3. A cross-claim is not allowed after
case, after the defendant had filed a declaration of default of cross-claimant. To
responsive pleading allow the cross-claim to remain would be
2. Dismissal under Sec. 3, Rule 17 – where tantamount to setting aside the order of
the complaint is dismissed due to the fault default the cross-claimant, who had been
of the plaintiff previously declared default, would re-
obtain a standing in court as party litigant
iv. Cross-claims [Tan v. Dimayuga, G.R. No. L-15241
(1962)]
A cross-claim is any claim by one party
against a co-party arising out of the transaction v. Third (fourth, etc.) party
or occurrence that is the subject matter either complaints
of the original action or of a counterclaim
therein. Such cross- claim may cover all or part A third (fourth, etc.) party complaint is a
of the original claim. [Sec. 8, Rule 6] claim that a defending party may, with leave of
court, file against a person not a party to the
Existing Cross-claim - A cross-claim that a action, called the third (fourth, etc.)-party
defending party has at the time he or she files defendant for contribution, indemnity,
his or her answer shall be contained therein. subrogation or any other relief, in respect of his
[Sec. 8, Rule 11] or her opponent's claim. [Sec. 11, Rule 6]
However, an exception to this would be a Requisites

cross-claim by amendment before judgment, 1. The party to be impleaded must not yet be
when the counterclaim was not set up due to a party to the action
Page 42 of 525
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
Page 43 of 525
denial or avoidance of the new matters alleged Forms

in actionable document attached to the reply. 1. A small claims action is commenced by
[Sec. 10, Rule 6] filing with the court an accomplished and
verified Statement of Claim (Form 1-SCC)
General Rule: There is no need to file a reply in duplicate, accompanied by a
since all new matters alleged in the answer are Certification Against Forum Shopping,
deemed controverted. [Sec. 10, Rule 6] Splitting a Single Cause of Action, and
Multiplicity of Suits (Form 1-A-SCC)
Exception: When an actionable document is [Sec. 6]
attached to the answer, the plaintiff must file a 2. The Summons to be served on the
reply in order to avoid the admission of the defendant shall be accompanied by a copy
genuineness and due execution of the of the Statement of Claim/s and documents
document attached. Failure to file a reply would submitted by plaintiff, and a blank
lead to the admission of the aforementioned Response Form (Form 3-SCC) to be
matters. [1 Riano 336, 2016 Bantam Ed.] accomplished by the defendant [Sec. 12].
The defendant shall file with the court and
viii. Extensions of time to file serve on the plaintiff a duly accomplished
and verified Response within a non-
General Rule: extendible period of 10 days from receipt of
A motion for extension to file any pleading is summons [Sec. 13].
prohibited and is considered a mere scrap of a. If at the time the action is commenced,
paper. [Sec. 11, Rule 11] the defendant possesses a claim
against the plaintiff that (a) is within the
A motion for extension of time to file pleadings, coverage of this Rule, exclusive of
affidavits, or any other papers is a prohibited interest and costs; (b) arises out of the
motion and shall not be allowed. [Sec. 12 (e), same transaction or event that is the
Rule 15] subject matter of the plaintiff’s claim;
(c) does not require for its adjudication
Exception: the joinder of third parties; and (d) is not
A motion for extension of time to file an the subject of another pending action,
answer may be allowed if: the claim shall be filed as a
1. For meritorious reasons, counterclaim in the Response;
2. For a period not more than 30 calendar otherwise, the defendant shall be
days, and barred from suing on the counterclaim
3. A party may only avail of 1 motion for [Sec. 15].
extension b. The defendant may also elect to file a
The court may still allow, in its discretion, any counterclaim against the plaintiff that
other pleading to be filed after the time fixed by does not arise out of the same
the Rules. [Sec. 11, Rule 11] transaction or occurrence, provided
that the amount and nature thereof are
b. Pleadings allowed in small within the coverage of this Rule and the
claims cases and cases prescribed docket and other legal fees
covered by the Rules on are paid [Sec. 15].
Summary Procedure Prohibited pleadings and motions
1. Motion to dismiss the complaint except on
i. Revised Rules of Procedure for the ground of lack of jurisdiction
Small Claims Cases 2. Motion for a bill of particulars
3. Motion for new trial, or for reconsideration
of a judgment, or for reopening of trial
4. Petition for relief from judgment
Page 44 of 525
5. Motion for extension of time to file c. Parts and Contents of a

pleadings, affidavits, or any other paper Pleading
6. Memoranda
7. Petition for certiorari, mandamus, or i. Caption
prohibition against any interlocutory order
issued by the court
Sets forth the:
8. Motion to declare the defendant in default
1. Name of the court
9. Dilatory motions for postponement
2. Title of the action (i.e. the names of the
10. Reply
parties and respective participation) and
11. Third-party complaints, and
3. The docket number, if assigned
12. Interventions [Sec. 14]
[Sec. 1, Rule 7]
ii. Rule on Summary Procedure
Body – Sets forth the pleading’s designation,
the allegations of party's claims or defenses,
Allowed Pleadings
the relief prayed for, and its date
1. Complaints
2. Compulsory counterclaims pleaded in the
1. Paragraphs
Answer
3. Cross-claims pleaded in the Answer; and
The allegations in the body of a pleading shall
4. Answers thereto [Sec. 3[A], II]
be divided into paragraphs so numbered as to
be readily identified, each of which shall
Prohibited pleadings, motions, or petitions
contain a statement of a single set of
1. Motion to dismiss the complaint or to quash
circumstances so far as that can be done with
the complaint or information except on the
convenience. A paragraph may be referred to
ground of lack of jurisdiction over the
by its number in all succeeding pleadings.
subject matter, or failure to comply with
required barangay conciliation
2. Headings
proceedings
2. Motion for a bill of particulars
When two or more causes of action are joined,
3. Motion for new trial, or for reconsideration
the statement of the first shall be prefaced by
of a judgment, or for opening of trial
the words “first cause of action," of the second
4. Petition for relief from judgment
by "second cause of action," and so on for the
5. Motion for extension of time to file
others.
pleadings, affidavits or any other paper
6. Memoranda
When one or more paragraphs in the answer
7. Petition for certiorari, mandamus, or
are addressed to one of several causes of
prohibition against any interlocutory order
action in the complaint, they shall be prefaced
issued by the court
by the words "answer to the first cause of
8. Motion to declare the defendant in default
action" or "answer to the second cause of
9. Dilatory motions for postponement
action" and so on; and when one or more
10. Reply
paragraphs of the answer are addressed to
11. Third party complaints, and
several causes of action, they shall be
12. Interventions [Sec. 19]
prefaced by words to that effect.
3. Relief
The pleading shall specify the relief sought, but

it may add a general prayer for such further or
other relief as may be deemed just or equitable.
Page 45 of 525
General Rule: It is a settled rule that a court On whom sanction imposed:

cannot grant a relief not prayed for by a party The attorney, law firm, or the party that violated
in the pleadings, or in excess of that being the rule.
sought. [Bucal v. Bucal, G.R. No. 206957
(2015)] Note: The law firm shall be jointly and severally
liable for a violation committed by its partner,
Exception: Because the rules allow a general associate, or employee.
prayer for such other reliefs as may be deemed
just and equitable, the court may grant reliefs Sanction may include, but shall not be
that are not specifically prayed for as long as limited to:
they are just and equitable. [1 Riano 257, 2016 a. Non-monetary directive or sanction
Bantam Ed.] b. An order to pay a penalty in court
c. An order directing payment of attorney’s
4. Date fees and other expenses
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]
Page 46 of 525
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
Page 47 of 525
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
Page 48 of 525
4. MCLE Certificate of Compliance, or

Direct contempt of Certificate of Exemption
court
Note: Failure to comply with the first three
requirements allow the court to not take action
Cause for with the pleading, without prejudice to possible
administrative disciplinary actions against the erring counsel.
sanctions Failure to comply with the fourth requirement
[Sec. 5, Rule 7] causes the dismissal of the case and
expunction of the pleadings from the records.
v. Contents of a Pleading [1 Riano 262-263, 2016 Bantam Ed.]
Every pleading stating a party's claims or d. Allegations in a pleading

defenses shall, in addition to those mandated
by Section 2, Rule 7, state the following: Every pleading shall contain in a methodical
a. Names of witnesses who will be and logical form:
presented to prove a party's claim or 1. a plain, concise and direct statement of the
defense; ultimate facts,
b. Summary of the witnesses' intended 2. the evidence on which the party pleading
testimonies, provided that the judicial relies for his or her claim or defense, as the
affidavits of said witnesses shall be case may be
attached to the pleading and form an 3. If the cause of action or defense is based
integral part thereof, and on law, the pertinent provisions of the law
and its applicability. [Sec. 1, Rule 8]
General Rule:
Only witnesses whose judicial affidavits
Alternative Causes of Action
areattached to the pleading shall be
presented by the parties during trial. A party may set forth two or more claims or
defenses alternatively in one cause of action.
Exception: Such happens when a party is not certain
If a party presents meritorious reasons as which cause of action would squarely fit the set
basis for the admission of additional of facts alleged in the complaint. [1 Riano 278,
witnesses 2016 Bantam Ed.]
c. Documentary and object evidence in
support of the allegations contained in the Also. a pleading which alleges alternative
pleading. [Sec. 6, Rule 7] causes of action is not made insufficient by the
insufficiency of one or more of the alternative
Rationale:
statements as long as one of them is sufficient.
To ensure that a person filing a case or a
[Sec. 2, Rule 8]
pleading would, at the time of filing, already
have evidentiary basis to back the same up,
and there would be no delay caused by parties Example: A plaintiff may be unsure as to
still trying to find evidence as basis for the whether the liability of the carrier is based
claims during the pendency of the case. either on breach of contract or a quasi-delict.
The rules allow him to state both causes of
Moreover, all papers and pleadings filed in action in the alternative. [1 Riano 278, 2016
court must likewise bear the following items: Bantam Ed.]
1. Professional Tax Receipt Number
2. IBP Official Receipt Number i. Manner of making allegations
3. Roll of Attorneys’ Number
How to allege the following in a pleading:
Page 49 of 525
1. Capacity to sue or be sued Examples of conditions precedent:

The following must be averred, to wit: a. A tender of payment is required before
a. Facts showing the capacity of a person making a consignation [Art. 1256, NCC]
to sue or be sued, b. Exhaustion of administrative remedies is
b. The authority of a party, to sue and be required in certain cases before resorting
sued in a representative capacity, or to judicial action [Lopez v. City of Manila,
c. The legal existence of an organized G.R. No. 127139 (1999); Dy v. CA, G.R.
association of persons that is made a No. 121587 (1999)]
party. c. Prior resort to barangay conciliation
proceedings is necessary in certain cases
Moreover, a party desiring to raise an issue as [Book III, Title I, Chapter 7, LGC]
to the legal existence of any party to sue or be d. Earnest efforts toward a compromise must
sued in a representative capacity must do so be undertaken when the suit is between
via specific denial. [Sec. 4, Rule 8] members of the same family and if no
efforts were in fact made, the case must be
2. Judgments dismissed, [Art. 151, FC]
In pleading a judgment or decision of either e. Arbitration may be a condition precedent
a domestic or a foreign court, judicial or when the contract between the parties
quasi-judicial tribunal, or a board or officer, provides for arbitration first before recourse
it is sufficient to aver the judgment or to judicial remedies
decision without setting forth matter [1 Riano 333-334, 2014 Bantam Ed.]
showing jurisdiction to render it.
Note: The failure to comply with a condition
However, under the Amended Rules, an precedent before the filing of a complaint is no
authenticated copy of the judgment or longer a ground for an allowable motion to
decision pleaded must be attached to the dismiss under the Amended Rules. However, it
pleading. [Sec. 6, Rule 8] is an affirmative defense that must be set out
in the answer or else, it is deemed waived.
3. Official documents or acts [Sec. 12, Rule 8]
In pleading official documents or acts, it is
sufficient to aver that the document was 2. Fraud, mistake, malice, intent,
issued or the act was done in compliance knowledge and other condition
with law. [Sec. 9, Rule 8] of the mind, judgments, official
documents or acts
1. Condition precedent
Fraud, mistake, malice, intent, knowledge,
In any pleading a general averment of the and other condition of the mind
performance or occurrence of all conditions In all averments of fraud or mistake, the
precedent shall be sufficient. [Sec. 3, Rule 8] circumstances constituting fraud or
mistake must be stated with particularity.
All valid conditions precedent to the institution [Sec. 5, Rule 8]
of the particular action, whether prescribed by
statute, fixed by agreement of the parties or Rationale:
implied by law must be performed or complied The reason for this rule is that an allegation of
with before commencing the action, unless the fraud concerns the morality of the defendant’s
conduct of the adverse party has been such as conduct and he is entitled to know fully the
to prevent or waive performance or excuse ground on which the allegations are made, so
non-performance of the condition. [Anchor he may have every opportunity to prepare his
Savings Bank v. Furigay, G.R. No. 191178 case to clear himself at the trial [Guy v. Guy,
(2013)] G.R. No. 189486 (2012)]
Page 50 of 525
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.
Page 51 of 525
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]
Page 52 of 525
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
Page 53 of 525
A counterclaim or a cross-claim which 2. The defending party must have failed to

either matured or was acquired by a party file his answer within the time allowed
after serving his pleading may, with the therefor;
permission of the court, be presented as a 3. The claiming party must file a motion to
counterclaim or a cross-claim by declare the defending party in default;
supplemental pleading before judgment. 4. The claiming party must prove that the
[Sec. 9, Rule 11] defending party has failed to answer within
the period provided by the ROC;
f. Default [Sablas v. Sablas, G.R. No. 144568 (2007)]
5. The defending party must be notified of
Failure of the defending party to answer within the motion to declare him in default; and
the time allowed therefor. [Sec. 3, Rule 9] [Sec. 3, Rule 9]
6. There must be a hearing set on the motion
Dual stages of default to declare the defending party in default
Order of default Judgment by [Spouses de los Santos v. Carpio, G.R. No.
default 153696 (2006)]
Issued by the court
on plaintiff’s motion Rendered by the ii. Effect of an order of default
and at the start of the court following an
proceedings, for order of default, A party in default shall be entitled to notices
failure of the when the court has of subsequent proceedings but shall not take
defendant to received ex parte the part in the trial. [Sec. 3, Rule 9] The party
seasonably file his plaintiff’s evidence declared in default loses his standing in court.
The loss of such standing prevents him from
responsive pleading.
taking part in the trial. He forfeits his rights as a
[1 Regalado 191, 2010 Ed.] party litigant, has no right to present evidence
supporting his allegations, to control the
i. When declaration of default is proceedings, or cross-examine witnesses. [1
proper Riano 305, 2016 Bantam Ed.]
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]
Requisites before a declaration of default A declaration of default is not tantamount to

1. The court must have validly acquired an admission of the truth or validity of the
jurisdiction over the person of the plaintiff’s claims. [Monarch Insurance v. CA,
defending party, either by service of G.R. No. 92735 (2000)]
summons or voluntary appearance;
A defending party declared in default retains
the right to appeal from the judgment by
Page 54 of 525
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
Page 55 of 525
2. Legal separation h. Demand

i. Offer of judgment; or
The court shall order the Solicitor General, or j. Similar papers. [Sec. 4, Rule 13]
his or her deputized public prosecutor:
1. To investigate whether or not a collusion i. Payment of Docket Fees
between the parties exists, or
2. To intervene for the State in order to see It is not simply the filing of the complaint or
to it that the evidence submitted is not appropriate initiatory pleading but the payment
fabricated, if there is no collusion. [Sec. of the prescribed docket fee that vests a trial
3(e), Rule 9] court with jurisdiction over the subject matter or
nature of the action [Proton Pilipinas v. Banque
Other instances where default is not National de Paris, G.R. No. 151242 (2005)]
allowed:
1. Special civil actions of certiorari, Payment of docket fees is mandatory and
prohibition and mandamus where jurisdictional [National Transmission
comment instead of an answer is required Corporation v. Heirs of Teodulo Ebesa, G.R.
to be filed. [Sec. 6, Rule 65] No. 186102 (2016)].
2. Cases covered by the Rule on Summary
Procedure [See Sec. 6, Rule on Summary EFFECT OF FAILURE TO PAY DOCKET
Procedure, which requires the court to FEES AT FILING
render. judgment if the defendant fails to
answer] a. The Manchester Rule
3. In expropriation proceedings, whether or ● Automatic Dismissal
not a defendant has previously appeared ● Any defect in the original pleading
or answered, he may present evidence as resulting in underpayment of the
to the amount of compensation to be paid docket fees cannot be cured by
for his property in the trial of the issue of amendment, such as by the reduction
just compensation. [Sec. 3(2), Rule 67] of the claim as, for all legal purposes,
there is no original complaint over
g. Filing and service of pleadings which the court has acquired
jurisdiction
Coverage [Manchester v. CA, G.R. No. 75919 (1987)]
The filing of all pleadings, motions, and
other court submissions, as well as the b. Relaxation of the Manchester Rule (Sun
service thereof, except those for which a Insurance Doctrine)
different mode of service is prescribed. [Sec. 1, ● NOT automatic dismissal
Rule 13] ● Court may allow payment of fees within
a reasonable time, but in no case
Note: Due to the revision, the rule now beyond the expiration of the applicable
contemplates filing of submissions that are not prescriptive period of the action filed
paper-based, such as those made through [Sun Insurance v. Asuncion, G.R. No.
electronic means. 79937 (1989)]
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
Page 56 of 525
damages [Gochan v. Gochan, G.R. No. period is

146089 (2001)] fixed by
the court)
d. Further modification
Answer of a
● Docket fees as lien
● Where the trial court acquires defendant foreign
jurisdiction over a claim by the filing of private juridical
Receipt of
the pleading and the payment of the entity whose Within 60
summons
prescribed filing fee, but subsequently, summons was calendar
the judgment awards a claim not by such
served on the days
specified in the pleading, or cannot entity
government
then be estimated, or a claim left for
official designated
determination by the court, then the
additional filing fee shall constitute a by law [Sec. 2]
lien on the judgment Answer to Service of
[Heirs of Hinog v. Melicor, G.R. No. 140954 amended Within 30 a copy of
(2005)] complaint as a calendar the
matter of right days amended
e. Limitation on the claims covered by
[Sec. 3] complaint
fees as lien
Claims not specified or claims although Notice of
Answer to
specified are left for determination of the the order
amended Within 15
court are limited only to any damages that admitting
complaint NOT as calendar
may arise after the filing of the complaint or the
similar pleading for then it will not be a matter of right days
amended
possible for the claimant to specify nor [Sec. 3]
complaint
speculate as to the amount thereof
[Metrobank v. Perez, G.R. No. 181842 Answer to an
(2010)] amended
counterclaim
ii. Distinguish: Filing and Service of amended cross-
Pleadings Same as Same as
claim, amended
answer to answer to
third (fourth, etc.) -
Filing is the act of submitting the pleading or amended amended
party complaint,
other paper to the court. [Sec. 2, Rule 13] complaint complaint
and amended
Service is the act of providing a party with a complaint-in-
copy of the pleading or any other court intervention [Sec.
submission. [Sec. 2, Rule 13] 3]
Answer to
iii. Periods of Filing of Pleadings Within 20
counterclaim or
calendar Service
Responsive cross-claim [Sec.
Reckoning days
Pleadings [Rule Period 4]
Point Answer to third Same as Same as
11]
Within 30 (fourth, etc.) - answer to answer to
Answer to the party complaint the the
calendar
complaint [Sec. 1] Service of [Sec. 5] complaint complaint
days
summons
(unless a
different
Page 57 of 525
Service of considered as the date of

Within 15 the their filing.
Reply [Sec. 6] calendar pleading Transmittal by
days responded electronic mail
The date of electronic
to or other
transmission
Within 20 electronic
calendar means
days Notice of [Sec. 3, Rule 13]
Answer to
(unless a the order
supplemental v. Modes of service
different admitting
complaint [Sec. 7]
period is the same
To whom service made
fixed by
General Rule:
the court) Serve the copy of the pleading or the court
submission to the party himself.
Note: The Rules allow for a motion to extend
time to file an answer, as long as it is for Exception:
meritorious reasons. Such may only be availed If a party has appeared by counsel, service
of by the defendant once and may not exceed upon such party shall be made upon his or her
30 calendar days. [Sec. 1, Rule 11] counsel or one of the counsels.
iv. Manner of filing Exception to Exception:

The court orders service upon both the party
How filed and counsel. [Sec. 2, Rule 13]
The filing of pleadings and other court
submissions shall be made by: When several parties/several counsel
a. Submitting personally the original to the Where one counsel appears for several
court; parties, such counsel shall only be entitled to
b. Sending them by registered mail; one copy of any paper served upon him by the
c. Sending them by accredited courier; or opposite side.
d. Transmitting them by electronic mail or
other electronic means as may be Where several counsels appear for one
authorized by the Court, in places where party, such party shall be entitled to only one
the court is electronically equipped. [Sec. copy of any pleading or paper to be served
3, Rule 13] upon the lead counsel if one is designated or
upon any one of them is there no designation
Mode of of a lead counsel.
Date of Filing [Sec. 2, Rule 13]
Filing
The clerk of court shall
Personal Modes of Service
endorse on the pleading
Filing Pleadings, motions, orders, judgments, and
the date and hour of filing other court submissions shall be served:
Filing by The date of the mailing of 1. Personally,
Registered motions, pleadings, and 2. By registered mail,
Mail other court submissions, 3. By accredited courier,
and payments or deposits, 4. By electronic mail, facsimile transmission,
Filing by or other electronic means as may be
as shown by the post office
Accredited authorized by the Court,
stamp on the envelope or
Courier
the registry receipt shall be
Page 58 of 525
5. By service as provided for in international • Such must be served at the residence

conventions to which the Philippines is a at a time between 8 am to 6 pm. [Sec.
party, and 6, Rule 13]
6. Substituted service. [Sec. 5, Rule 13]
2. Service by registered mail
Note: As to which modes of service are
preferred, refer below to the discussion on How service by registered mail is made
conventional service of orders, pleadings, and 1. Depositing the copy in the post office in a
other documents. sealed envelope,
2. The copy must be plainly addressed to the
Presumptive Service party or counsel at his office, if known.
There shall be presumptive service of a notice Otherwise, address to his residence, if
to a party of a court setting: known,
1. Addressee is in the same judicial region 3. Postage must be fully prepaid, and
of the court where the case is pending 4. Copy must come with instructions to the
• if such notice appears on the records to postmaster to return the mail to the sender
have been mailed at least 20 calendar after 10 calendar days if the copy remains
days prior to the scheduled date of undelivered.
hearing
2. Addressee is from outside the judicial Ordinary mail – If no registry service is
region of the court where the case is available in the locality of either the sender or
pending addressee, service can be made through
• if such notice appears on the records to ordinary mail. [Sec. 7, Rule 13]
have been mailed at least 30 calendar
days prior to the scheduled date of 3. Service by accredited courier
hearing. [Sec. 10, Rule 13]
How service by accredited courier is done
Note: Since it is provided as a mere Note: Unlike the other means of service, it
presumption, it may be subject to proof to the seems that there is no provision under the
contrary, such as when counsel adduces Amended Rules which outlines how service via
evidence that notice of the court setting was accredited courier is done.
indeed not served.
At most, the Amended Rules only provide that
1. Personal service in the case of judgements, finals orders, and
resolutions, such service must be preceded by
How personal service is made an ex parte motion requested by any party to
Service by personal service shall be made by: the proceedings. [Sec. 13, Rule 13]
1. By personal delivery of a copy to the party,
counsel, or to their authorized 4. Service by electronic mail,
representative named in the appropriate facsimile transmission, or other
pleading or motion, or electronic means
2. By leaving it in his or her office with his or
her clerk, or with a person having charge When service by electronic means or
thereof facsimile is allowed
• If (a) no person is found in his or her Service by electronic means and facsimile shall
office, or (b) his or her office is not be made if the party concerned consents to
known, or (c) he or she has no office, such modes of service. [Sec. 9, Rule 13]
then by leaving the copy at the party or
counsel's residence, if known, with a
person of sufficient age and discretion
residing therein.
Page 59 of 525
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.
Before service by electronic means can be 5. Service as provided for in

availed of, either the agreement of the parties international conventions
or the direction of the court is required. [Sec. 9,
Rule 13] An example of an international convention
which the Philippines is a party to which
Service by facsimile likewise relates to service of court documents
By sending a facsimile copy to the party or would be the Convention on the Service
counsel’s given facsimile number. Abroad of Judicial and Extrajudicial Documents
[Sec. 9, Rule 13] in Civil or Commercial Matters.
Subject format of electronically served 6. Substituted service

documents and facsimiles
The subject of the e-mail and facsimile must When substituted service is allowed
follow the prescribed format: When service cannot be made personally or by
1. Case number, followed by mail because the office and place of residence
2. Case title, followed by of the party or his counsel being unknown.
3. The pleading, order or document title. [Sec. 8, Rule 13]
• The title of each electronically-filed or
served pleading or document, and How substituted service is made
each submission served by facsimile, 1. Delivering the copy to the clerk of court
shall contain sufficient information to 2. With proof of failure of both personal
enable the court to ascertain from the service and service by mail. [Sec. 8, Rule
title: 13]
a. The parties filing or serving the
paper, Papers that may be served through
b. The nature of the paper, substituted service
c. The party or parties against whom 1. Pleadings
relief, if any, is sought, and 2. Motions
d. The nature of the relief sought. 3. Notices
[Sec. 12, Rule 13] 4. Resolutions, and
5. Other papers. [Sec. 8, Rule 13]
Change of electronic mail or facsimile
number Judgments, final orders, or resolutions cannot
A party who changes his e-mail address or be served by substituted service. [1 Regalado
facsimile number while the action is pending 233, 2010 Ed.]
must file, within 5 calendar days, a notice of
change of e-mail address or facsimile number
with the court, and serve notice on all other
parties. [Sec. 11, Rule 13]
Service through the registered e-mail of the

party shall be presumed valid unless such
Page 60 of 525
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
Service of court-issued orders and other Mode of

documents Completeness of Service
Service
The court may electronically serve orders and Personal
other documents to all the parties in the case Upon actual delivery.
Service
which shall have the same effect and validity
as provided herein. Upon the expiration of the
Service by 10 calendar days after
A paper copy of the order or other document ordinary mail mailing, unless the court
electronically served shall be retained and otherwise provides.
attached to the record of the case. Upon the actual receipt by
[Sec. 18, Rule 13]
Service by the addressee, or
Note: It is submitted that despite Sec. 18, Rule registered after 5 calendar days from
13 allowing for service of orders and other mail the date he or she received
documents electronically, such mode of the first notice of the
service may be done only in addition to the
four modes of service in the case of
Page 61 of 525
postmaster, whichever is Mode Proof of Filing

earlier. By the written or stamped
Upon actual receipt by the acknowledgment of its filing
Personal
addressee or by the clerk of court on a
Filing
after at least 2 attempts to copy of the pleading or
Service by
deliver or court submission.
accredited
upon the expiration of 5 By the registry receipt and
courier
calendar days after the first the affidavit of the person
attempt to deliver, who mailed it containing a
whichever is earlier. full statement of the date
At the time of the electronic and place of deposit of the
transmission of the mail in the post office in a
Filing by
document or sealed envelope
registered
at the time that the addressed to the court, with
mail
electronic notification of postage fully prepaid, and
service of the document is with the instructions to the
Electronic
sent. postmaster to return the
Service
mail to the sender after 10
Note: It is not effective or calendar days if not
complete if the party delivered.
serving learns that it did not By an affidavit of service of
reach the person to be the person who brought the
served. Filing by pleading or other document
Service by Upon receipt by the other accredited to the service provider, and
facsimile party as indicated in the courier the courier’s official receipt
transmission facsimile printout. and document tracking
At the time of delivery of the number.
Substituted
copy to the clerk of court. By an affidavit of electronic
service
[Sec. 8, Rule 13] filing of the filing party, and
[Sec. 15, Rule 13] a paper copy of the
pleading or other document
8. Proof of filing and service Electronic
transmitted, or
Filing
Proof of Filing
General rule: The filing of a pleading or any A written or stamped
other court submission shall be proved by its acknowledgment of its filing
existence in the record of the case. by the clerk of court.
By an affidavit of electronic
Exception: If the pleading or any other court Filing by other
filing of the filing party, and
document is not in the record, but is claimed to authorized
a copy of the electronic
have been filed by the following modes, proof electronic
shall be: acknowledgment of its filing
means
by the court.
[Sec. 16, Rule 13]
Page 62 of 525
Proof of Service facsimile, or facsimile, or other

Mode Proof of Service other electronic transmission,
A written admission of the authorized and printed proof of
party served, or electronic transmittal.
means of
The official return of the transmission
server, or [Sec. 17, Rule 13]
Personal
Service
The affidavit of the party h. Amendment
serving, containing a
statement of the date, How to amend pleadings
1. Adding an allegation,
place, and manner of
2. Adding the name of any party,
service 3. Striking out an allegation,
Service by 4. Striking out the name of any party,
ordinary mail 5. Correcting a mistake in the name of a party,
or
Note: This 6. Correcting a mistaken or inadequate
mode of allegation or description in any other
respect. [Sec. 1, Rule 10]
service may An affidavit of the person
only be mailing stating the facts Purpose of Amendments to a Pleading
availed of if no showing compliance with The courts should be liberal in allowing
registry Sec. 7, Rule 13. amendments to pleadings to avoid a multiplicity
service is of suits and in order that the real controversies
available in between the parties are presented, their rights
the locality as determined, and the case decided on the
merits without unnecessary delay. [Tiu v. Phil.
per Sec. 7,
Bank of Communication, G.R. No. 151932
Rule 13. (2009)]
An affidavit of the person
mailing stating the facts How to file amended pleadings
Service by showing compliance with When any pleading is amended, a new copy of
registered Sec. 7, Rule 13 and the the entire pleading, incorporating the
amendments, which shall be indicated by
mail registry receipt issued by
appropriate marks, shall be filed. [Sec. 7, Rule
the mailing office. 10]
An affidavit of service No amendment necessary to conform to or

executed by the person authorize presentation of evidence
Service by who brought the pleading When issues are not raised in the pleadings but
accredited or paper to the service are tried with the consent of the parties, they
courier provider, and the courier’s shall be treated as if they had been raised in
official receipt or document the pleading. No amendment of such
tracking number. pleadings deemed amended is necessary to
Service by An affidavit of service cause them to conform to the evidence.
[Sec. 5, Rule 10]
electronic executed by the person
mail, who sent the e-mail,
Page 63 of 525
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.
When leave of court to substantially amend 3. Claims or defenses alleged in the

a pleading shall be refused superseded pleading but not incorporated
If it appears to the court that the motion was or reiterated in the amended pleading are
made: deemed waived. [Sec. 8, Rule 10]
1. With intent to delay;
2. With intent to confer jurisdiction on the v. Supplemental pleadings
court; or
3. The pleading stated no cause of action When proper
from the beginning. [Sec. 3, Rule 10] A supplemental pleading is filed to set forth
transactions, occurrences or events which
Note: This rule merely integrates into the Rules have happened since the date of the pleading
of Court the landmark case of Swagman Hotels sought to be supplemented. [Sec. 6, Rule 10]
v. Court of Appeals which provided that a
Page 64 of 525
How made 7. Summons

Upon motion of a party, the court may, upon
reasonable notice and upon such terms as are
Definition
just, permit him or her to serve a supplemental
The writ by which the defendant is notified of
pleading
the action brought against him [Licaros v.
Licaros, G.R. No. 150656 (2003)]
Note: The admission or non-admission of a
supplemental pleading is not a matter of right
By whom issued
but is discretionary on the court. Note the Clerk of court upon directive of the court. [Sec.
language of Sec. 6, Rule 10: “may”.
1, Rule 14]
The adverse party may plead thereto within
Leave of court in case service requires prior
ten (10) calendar days from notice of the order
leave
admitting the supplemental pleading. Any application under this rule for leave to
[Sec. 6, Rule 10]
effect service in any manner for which leave of
court is necessary shall be made by:
Purpose
a. A motion in writing,
To bring into the records new facts which will
b. Supported by affidavit of the plaintiff or
enlarge or change the kind of relief to which the
some person on his behalf setting forth the
plaintiff is entitled. [Ada v. Baylon, G.R. No. grounds for the application. [Sec. 19, Rule
182435 (2012)]
14]
Amended v. Supplemental Pleadings
Supplemental
a. Nature and purpose of
Amended Pleadings summons
Pleadings
Refer to transactions,
i. In relation to actions in personam,
occurrences or
Refer to facts existing in rem, and quasi in rem
events which have
at the time of the
happened since the 1. Action in personam
commencement of
date of the pleading
the action
sought to be Purpose of summons
supplemented a. To acquire jurisdiction over the person of
the defendant in a civil case
Either as a matter of b. To give notice to the defendant that an
Always by leave of
right or by leave of action has been commenced against him.
court
court [1 Riano 376, 2011 Ed.]
Merely supplements, Where the action is in personam, that is, one

Supersedes the and exists side-by- brought against a person on the basis of his
pleading that it side with the original personal liability, jurisdiction over the person of
amends [1 Riano 366, 2011 the defendant is necessary for the court to
Ed.] validly try and decide the case. [Velayo-Fong v.
A new copy of the Velayo, G.R. No. 155488 (2006)]
entire pleading,
incorporating the
No such requirement
amendments, which
exists
shall be indicated by
appropriate marks,
shall be filed
Page 65 of 525
2. Action in rem and quasi in rem iii. Contents of summons
Purpose of summons in actions in rem and Contents

quasi in rem 1. Summons shall be
a. Not to acquire jurisdiction over the a. Directed to the defendant, and
defendant but mainly to satisfy the b. Signed by the clerk of court under seal
constitutional requirement of due process 2. Summons shall contain
b. Jurisdiction over the defendant is not a. The name of the court, and the names
required of the parties to the action;
c. The court acquires jurisdiction over an b. When authorized by the court upon ex
action as long as it acquires jurisdiction parte motion, an authorization for the
over the res that is the subject matter of the plaintiff to serve summons to the
action. [Macasaet v. Co, Jr., G.R. No. defendant;
156759 (2013)]
Note: The plaintiff may serve summons
ii. When summons are issued together with the sheriff, only when the
sheriff, his deputy or proper court
Summons shall be issued: officer fails to serve summons, or if the
1. Within 5 calendar days from receipt of the summons is to be served outside the
initiatory pleading, and judicial region of the court. In the latter
2. Upon proof of payment of the requisite case, there would be no need for the
legal fees sheriff, his deputy, or the proper court
• Note: The old rules merely required officer to have first failed to serve the
payment of the requisite legal fees. The summons before the plaintiff may be
new rules now require proof of such authorized by court to serve summons.
payment to be submitted with the [Sec. 3, Rule 14]
initiatory pleading.
c. A direction that the defendant answer
Summons shall not be issued, and the case within the time fixed by the ROC; and
shall be dismissed if the complaint on its face d. A notice that unless the defendant so
is dismissible under Sec. 1, Rule 9. Such answers, plaintiff will take judgment by
provides for the non-waivable grounds for default and may be granted the relief
dismissal of a complaint, to wit: applied for
1. The court has no jurisdiction over the 3. The following shall be attached to the
subject matter original and each copy of the summons
2. Litis pendentia a. A copy of the complaint, and
3. Res judicata b. An order for appointment of guardian
4. The action is barred by the statute of ad litem, if any. [Sec. 2, Rule 14]
limitations. [Sec. 1, Rule 14]
iv. Duty of counsel
Note: The rule directing the court not to issue
summons in case any of the grounds are When counsel may be deputized by the
present is similar to the Rules on Small Claims court to serve summons on his client
and Summary Procedure. However, the 1. Where summons is improperly served, and
grounds under the amended provision are 2. A lawyer makes a special appearance on
limited to the non-waivable grounds in Sec. 1, behalf of the defendant to question the
Rule 9. validity of service of summons. [Sec. 13,
Rule 14]
Note: Due to this new provision in the rules,

when the defendant claims lack of jurisdiction
Page 66 of 525
over his person by special appearance, the

court will no longer dismiss the case but Note: The enumeration of persons to whom
instead will deputize the counsel to serve summons was made is the enumeration of
summons on his client. This is also in line persons upon whom substituted service may
with the amendment removing lack of be made under Sec. 6, Rule 14.
jurisdiction over the person of the defendant as
a ground for an allowable motion to dismiss. It b. Voluntary appearance
remains, however, as an affirmative defense
that may be raised in the answer. The defendant’s voluntary appearance in the
action shall be equivalent to service of
v. Return summons.
When summons shall be served The inclusion in a motion to dismiss of other

The server shall complete its service within 30 grounds aside from the lack of jurisdiction over
calendar days from issuance of summons by the person of the defendant shall be deemed a
the clerk of court and receipt of such. [Sec. 20, voluntary appearance. [Sec. 23, Rule 14]
Rule 14]
Note: It is submitted that despite Sec. 23, Rule
Return of summons 14 mentioning lack of jurisdiction over the
Within 5 calendar days from service of person as a ground to be included in a motion
summons, the server shall: to dismiss, such still remains to be a prohibited
1. File with the court a copy of the return, and motion under Sec. 12, Rule 15, as the only
2. Serve a copy of the return to the plaintiff’s allowable grounds for a motion to dismiss are
counsel personally, by registered mail, or lack of jurisdiction over the subject matter, litis
by electronic means authorized by the pendencia, res judicata, and prescription. A
rules. [Sec. 20, Rule 14] motion to dismiss on the basis of lack of
jurisdiction over the defendant should be
Contents of the return when substituted dismissed outright. [Sec. 12, Rule 15]
service was availed of
1. The impossibility of prompt personal It is also submitted that the allegation of any of
service within 30 calendar days from issue the old grounds for a motion to dismiss under
and receipt of summons; Rule 16 of the old rules of Civil Procedure
2. The date and time of the 3 attempts on at would be tantamount to a voluntary
least 2 different dates to cause personal appearance by the defendant.
service and the details of the inquiries
made to locate the defendant; and c. Who may serve summons
3. Information on the person to whom the
summons was served: Who may serve summons
a. The name of the person at least 18 1. The sheriff,
years of age and of sufficient discretion 2. His or her deputy,
residing thereat, 3. Other proper court officer, or
b. The name of the competent person in 4. The plaintiff together with the sheriff. [Sec.
charge of the defendant’s office or 3, Rule 14]
regular place of business, or
c. The name of the officer of the The enumeration of persons who may validly
homeowners’ association or serve summons is exclusive. [1 Regalado
condominium corporation or its chief 245, 2010 Ed.]
security officer in charge of the
community or building where the
defendant may be found. [Sec. 20,
Rule 14]
Page 67 of 525
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.
Page 68 of 525
[Prudential Bank v. Magdamit, G.R.

No. 183795 (2014)] ii. Service upon residents
3. By leaving copies of the summons, if temporarily outside the
refused entry upon making his or her Philippines
authority and purpose known, with any of
the officers of the homeowners' association Service may, by leave of court, be also effected
or condominium corporation, or its chief out of the Philippines as by the means provided
security officer in charge of the community under extraterritorial service. [Sec. 18, Rule 14
or the building where the defendant may in re Sec. 17]
be found [This reflects the ruling in the
case of Robinson v. Miralles, G.R. No. Note: The section referred to is that on
163584 (2006)]; and extraterritorial service of summons.
4. By sending an electronic mail to the
defendant's electronic mail address, if g. Extraterritorial service
allowed by the court. [Sec. 6, Rule 14]
When allowed
Residence, defined 1. When the defendant does not reside and is
The place where the person named in the not found in the Philippines, and
summons is living at the time of when the 2. The action
service is made, even though he may be a. Affects the personal status of the
temporarily out of the country at that time plaintiff or
[Venturanza v. CA, G.R. No. 77760 (1987)] b. Relates to, or the subject of which is,
property within the Philippines, in which
The residence of a person is his personal, the defendant has or claims a lien or
actual or physical habitation or his actual interest, actual or contingent, or
residence or place of abode, which may not c. In which the relief demanded consists,
necessarily be his legal residence or domicile wholly or in part, in excluding the
provided he resides therein with continuity and defendant from any interest therein, or
consistency [Boleyley v. Villanueva, G.R. No. d. The property of the defendant has
128734 (1999)] been attached within the Philippines.
[Sec. 17, Rule 14]
f. Constructive service
How summons served
i. Service upon a defendant where By leave of court, be effected outside the
his identity is unknown or where Philippines
his whereabouts are unknown a. By personal service;
b. By means provided for in international
Service is made by publication conventions to which the Philippines is a
a. With leave of court, party;
• The order shall specify a reasonable c. By publication in a newspaper of general
time not less than 60 calendar days circulation in such places and for such time
within which the defendant must as court may order; or
answer. • a copy of the summons and order of the
b. Effected within 90 calendar days from court shall be sent by registered mail to
commencement of the action, the last known address of the
c. In a newspaper of general circulation and defendant
in such places and for such time as the d. In any other manner the court may deem
court may order. sufficient.
Note: The defendant’s whereabouts must be
ascertained with diligent inquiry. Any order granting such leave shall specify a
[Sec. 16, Rule 14] reasonable time within which the defendant
Page 69 of 525
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.
Page 70 of 525
Note: In case of refusal by any of the persons Executive head or

mentioned to receive summons for Province, City,
such other officer/s
domestic juridical entities despite at least 3 Municipality, or like
as the law or the
attempts on 2 different dates, service may be public corporations
court may direct.
made electronically, if allowed by the court.
[Sec. 12, Rule 14] [Sec. 15, Rule 14]
Upon foreign private juridical entities j. Proof of service
Juridical entity registered/ has a resident Proof of service shall

agent and is doing business in the a. Be made in writing by the server and
Philippines b. Set forth the manner, place, and date of
Service may be made on: service; any papers which have been
1. Its resident agent designated in served with the process, and the name of
accordance with law, the person who received the papers served
2. If there is no such agent, on the c. Be sworn to when made by a person, other
government official designate by law to that than the sheriff or his or her deputy. [Sec.
effect, or 21, Rule 14]
3. On any of its officers, agents, directors, or
trustees within the Philippines. [Sec. 14, Summons made by electronic mail
Rule 14] Proof of service shall be:
a. A print out of said e-mail,
Juridical entity not registered/ has no b. Copy of the summons as served, and
resident agent but has transacted or is c. The affidavit of the person mailing. [Sec.
doing business in the Philippines 21, Rule 14]
Service may, with leave of court, be effected
outside the Philippines through: Summons made by publication
1. Personal service coursed through the Proof of service shall be:
appropriate court in the foreign country with a. The affidavit of the publisher, business or
the assistance of the DFA; advertising manager,
2. Publication once in a newspaper of general b. Copy of the publication, and
circulation in the country where the c. An affidavit showing the deposit of a copy
defendant may be found and by serving a of the summons and order for publication in
copy of the summons and the court order the post office, postage prepaid, directed to
by registered mail at the last known the defendant by registered mail to his or
address of the defendant; her last known address [Sec. 22, Rule 14]
3. Facsimile;
4. Electronic means with the prescribed proof Note: The amended rules changed printer to
of service; or publisher and removed the foreman or principal
5. Other means as the court, in its discretion, clerk from those who may execute the affidavit.
may direct. [Sec. 14, Rule 14]
Effect of defect of proof of service
Service upon public corporations a. Where the sheriff's return is defective, the
To Whom presumption of regularity in the
Defendant performance of official functions will not lie.
Summons Served
[Sps. Venturanza v. CA, G.R. No. 77760
The Republic of the (1987)].
Solicitor General
Philippines b. Defective return is insufficient and
incompetent to prove that summons was
indeed served. [Santiago Syjuco, Inc. v.
Castro, G.R. No. 70403 (1989)].
Page 71 of 525
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]
i. Definition of a Motion Exceptions: Oral

Motions made in:
A motion is any application for relief other 1. Open court or
than by a pleading. [Sec. 1, Rule 15] 2. The course of a hearing or trial
ii. Motions vs. Pleadings Note: Such motions should be immediately

resolved in open court, after the adverse party
Motion Pleading is given the opportunity to argue his or her
opposition. However, when the motion is based
Contains allegations Contains allegations on facts not appearing on record, the court may
of facts [Sec. 3, Rule of the ultimate facts conduct a hearing to:
15] [Sec. 1, Rule 8] 1. Hear the matter on affidavits or
depositions presented by the parties, or
2. The court may direct that the matter be
heard wholly or partly on oral testimony
Prays for a relief [Sec. 1, Rule 15]
or depositions. [Sec. 2, Rule 15]
Generally in writing, Always in writing

Motion for leave
except when made [Sec. 1, Rule 6]
A motion for leave to file a pleading or motion
in open court or
shall be accompanied by the pleading or
during the course of
motion sought to be admitted. [Sec. 10, Rule
a hearing or trial.
15]
[Sec. 2, Rule 15]
iv. Litigious and Non-litigious
Motions; When Notice Of Hearing
iii. Contents and Form of Motions Necessary
Contents What are Litigious Motions

a. Relief sought to be obtained, One which requires the parties to be heard
b. Grounds upon which it is based, and before a ruling on the motion is made by the
court. [1 Riano 368, 2011 Ed.]
Page 72 of 525
Litigious motions include: 4. Electronic means. [Sec. 5(b), Rule 15]

a. Motion for bill of particulars;
b. Motion to dismiss; Note: Remember that electronic means of
service may only be availed of with consent of
Note: Since a motion to dismiss is now the other party or with authorization of the
classified as a litigious motion, such motion court. [Sec. 9, Rule 13]
should be resolved within 15 calendar days
from the filing of the opposition to the motion to No written motion shall be acted upon by the
dismiss. [Sec. 5(c), Rule 15] Therefore, this court without proof of service thereof pursuant
clearly repeals Secs. 2 and 3, Rule 16 of the to Section 5(b). [Sec. 7, Rule 15]
old Rules of Court on hearing and resolution of
a motion to dismiss. Hearing on Litigious Motions
The court may call for a hearing if deemed
c. Motion for new trial; necessary for the motion’s resolution and send
d. Motion for reconsideration; notice to all parties concerned, specifying the
e. Motion for execution pending appeal; time and date of the hearing. [Sec. 6, Rule 15]
f. Motion to amend after a responsive Note that the allowance for hearing only
pleading has been filed; applies to litigious motions, since non-litigious
g. Motion to cancel statutory lien; motions cannot be set for hearing. [Sec. 4, Rule
h. Motion for an order to break in or for a writ 15]
of demolition;
i. Motion for intervention; Motion Day
j. Motion for judgment on the pleadings; General Rule: Where the court decides to
k. Motion for summary judgment; conduct a hearing on a litigious motion, it shall
l. Demurrer to evidence; be set on a Friday.
m. Motion to declare defendant in default; and
n. Other similar motions. [Sec. 5(a), Rule 15] Exception: When a motion requires immediate
action. [Sec. 8, Rule 15]
The period to file an opposition would be 5
calendar days from the receipt of the litigious What are Non-Litigious motions
motion. The court shall then resolve the motion Motions which the court may act upon without
within 15 calendar days from receipt of the prejudicing the rights of adverse parties. Such
opposition or upon expiration of the period to motions shall not be set for hearing and the
file such opposition. court shall resolve the motion within 5
calendar days from receipt of the motion.
Note: No other submissions, other than the
opposition, shall be considered by the court in Non-litigious motions include:
resolving the motion. [Sec. 5(c), Rule 15] a. Motion for issuance of an alias summons;
b. Motion for extension to file an answer;
Service of Litigious Motions c. Motion for postponement;
Litigious motions shall be served by: d. Motion for the issuance of a writ of
1. Personal service; execution;
2. Accredited private courier; e. Motion for the issuance of an alias writ of
3. Registered mail; or execution
Page 73 of 525
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
Page 74 of 525
Recall that affirmative defenses, if denied, 3. Motion for reconsideration of the

cannot be the subject of a motion for court’s action on affirmative defenses;
reconsideration, or petition for certiorari,
prohibition, or mandamus. [Sec. 12, Rule 8] Note: The denial of an affirmative defense
shall not be the subject of a motion for
However, if the non-waivable grounds under reconsideration or a petition for certiorari,
Sec. 1, Rule 9 are raised not as affirmative prohibition, or mandamus. [Sec. 12, Rule 8]
defenses, but in a motion to dismiss, it is
submitted that the movant may still file a However, it is not clear from the amended rules
motion for reconsideration or a petition for whether the court’s action of approving an
certiorari, mandamus, or prohibition against affirmative defense cannot be the subject to a
the order of denial of the motion to dismiss. motion for reconsideration, since Sec. 12(c),
This is because there is no prohibition against Rule 15 merely provides that a motion for
its filing, as opposed to if the ground is set forth reconsideration of the court’s action on an
as an affirmative defense in the answer and the affirmative defense is a prohibited pleading. It
affirmative defense is denied. does not distinguish whether between the
court’s act of either denying or approving the
Note: The remedy of a petition for certiorari affirmative defense.
under Rule 65 is available only when the denial
of the motion to dismiss is tainted with grave 4. Motion to suspend proceedings without
abuse of discretion. Generally, the proper a TRO or injunction issued by a higher
remedy against the denial of a motion to court;
dismiss would be going through the usual trial
process, and later, filing a timely appeal Note: The principle of judicial courtesy justifies
against an adverse judgement. [1 Riano 412, the suspension of proceedings before the
2016 Bantam Ed.] lower courts even without an injunctive writ or
order from the higher court. However, this
2. Motion to hear affirmative defenses; remains an exception and may be applied only
if there is a strong probability that the issues
Note: Such motion is prohibited since under the before the higher court would be rendered
Amended Rules, the court is required to act on moot and moribund as a result of the
the affirmative defenses set out in the answer continuation of the proceedings in the lower
within 30 calendar days if the affirmative court. [Trajano v. Uniwide Sales Warehouse
defense is among those listed in Sec. 12, Rule Club, G.R. No. 190253, (2014)]
8. The court is also allowed to avail of a
summary hearing within 15 calendar days from 5. Motion for extension of time to file
the filing of the answer, and is thereafter pleadings, affidavits, or any other
mandated to resolve the affirmative defense papers, except a motion for extension to
within 30 calendar days from the termination of file an answer as provided by Sec. 11,
the summary hearing if the affirmative Rule 11;
defenses are those set forth in the first
paragraph of Sec. 5(b), Rule 6. [Sec. 12, Rule Any pleading may still be filed out of time
8] without seeking for motion for extension of
time, and it will depend on the court whether it
Page 75 of 525
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)]
Allowed motions for postponement i. Purpose and When Applied For

If the motion for postponement is granted, the
presentation of evidence by the moving party Purpose: To enable the movant to prepare his
must still be terminated on the dates previously or her responsive pleading. [Sec. 1, Rule 12].
agreed upon. [Sec. 12, Rule 15]
It is not to enable the movant to prepare for
Note: The dates previously agreed upon refer trial. When this is the purpose, the appropriate
to those set forth in the schedule of trial as remedy is to avail of Discovery Procedures
required under Sec. 1, Rule 30. under Rules 23 to 29 [1 Riano 419, 2011 Ed.]
The motion for postponement, whether written When applied for

or oral, shall be accompanied by the original 1. Before responding to a pleading.
official receipt from the clerk of court 2. If the pleading is a reply, within 10 calendar
evidencing payment of the postponement fee. days from service thereof. [Sec. 1, Rule 12]
Such receipt evidencing payment of the fee Contents

shall be submitted at the time of the filing of the The motion shall point out
motion or not later than the next hearing date. 1. The defects complained of,
The clerk shall not accept the motion unless 2. The paragraph wherein they are contained,
accompanied by said receipt. [Sec. 12, Rule and
15] 3. The details desired. [Sec. 1, Rule 12]
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
Page 76 of 525
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,
Page 77 of 525
the order shall bar the refiling of the same

action or claim: General rule: Dismissal is without prejudice
a. The cause of action is barred by prior
judgment; Exceptions:
b. The cause of action is barred by the a. Unless otherwise stated in the notice
statute of limitations; b. A notice operates as an adjudication upon
c. That the claim or demand set forth in the the merits when filed by a plaintiff who has
plaintiff’s pleading has been paid, waived, once dismissed in a competent court an
abandoned, or otherwise extinguished; or action based on or including the same
d. That the claim on which the action is claim
founded is unenforceable under the [Sec. 1, Rule 17]
provisions of the statute of frauds.
Two-dismissal Rule
Note: Such rule does not bar the filing of an The notice of dismissal operates as an
appeal to challenge the granting of the motion adjudication upon the merits [Sec. 1, Rule
to dismiss or the affirmative defense. [Sec. 13, 17]
Rule 15] Applies when the plaintiff has
1. A twice dismissed action,
b. Dismissal Upon Notice by 2. Based on or including the same claim,
Plaintiff 3. In a court of competent jurisdiction. [1
A complaint may be dismissed by the plaintiff Riano 490, 2014 Bantam Ed.]
by filing a notice of dismissal at any time before
service of c. Dismissal Upon Motion by
a. The answer, or Plaintiff; Effect on Existing
b. A motion for summary judgment Counterclaim
A complaint shall not be dismissed at the
Upon such notice being filed, the court shall plaintiff’s instance save upon approval of the
issue an order confirming the dismissal. [Sec. court and upon such terms and conditions as
1, Rule 17] the court deems proper [Sec. 2, Rule 17]
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.]
Page 78 of 525
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.
Page 79 of 525
a. Before a responsive pleading or a motion 5. Advisability of a preliminary reference of

for summary judgment is served; or issues to a commissioner
b. If there is none, before the introduction of 6. Propriety of rendering judgment on the
evidence at trial or hearing. [Sec. 4, Rule pleadings, or summary judgment, or of
17] dismissing the action should a valid ground
therefore be found to exist
10. PRE-TRIAL 7. The requirement for the parties to:
a. Mark their evidence if not yet marked in
the judicial affidavits of their witnesses,
a. Concept of Pre-Trial
Note: The Judicial Affidavit Rule requires
Pre-trial is a procedural device by which the
that documentary or object evidence must
court is called upon, after the filing of the last
be marked and attached to the judicial
pleading, to compel the parties and their
affidavits, with such evidence being
lawyers to appear before it, and negotiate an
marked as Exhibit A, B, C for the plaintiff,
amicable settlement or otherwise make a
and Exhibit 1, 2, 3 for the defendant. [Sec.
formal settlement and embody in a single
2(a)(2), AM No. 12-8-8-SC]
document the issues of fact and law involved in
the action, and such other matters as may aid
b. Examine and make comparisons of
in the prompt disposition in the action, such as
the adverse parties’ evidence vis-
the
a-vis the copies to be marked,
a. Number of witnesses the parties intend to
c. Manifest for the record, stipulations
present
regarding the faithfulness of the
b. Tenor or character of their testimonies
reproductions and the genuineness
c. Documentary evidence
and due execution of the adverse
d. Nature and purpose of each of them
parties’ evidence,
e. Number of trial dates that each will need to
d. Reserve evidence not available at
put on his case. [1 Herrera 1074, 2007 Ed.]
the pre-trial, but only in the
following manner, or else it shall
b. Nature and Purpose
not be allowed
i. Testimonial evidence: by
Pre-trial is mandatory and should be
giving the name or position and
terminated promptly. [Sec. 2, Rule 18]
the nature of the proposed
witness
Purpose of pre-trial is to consider
ii. Documentary/Object
1. Possibility of an amicable settlement or of
evidence: by giving a
a submission to alternative modes of
particular description of the
dispute resolution
evidence
2. Simplification of the issues
8. Such other matters as may aid in the
3. Possibility of obtaining stipulations or
prompt disposition of the action
admissions of facts and of documents to
avoid unnecessary proof
Failure without just cause of a party and
4. Limitation of the number and identification
counsel to appear during pre-trial, despite
of witnesses and the setting of trial dates
notice, shall result in a waiver of any
Page 80 of 525
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,
Page 81 of 525
b. Force majeure, or i. By the plaintiff and counsel

c. Duly substantiated physical inability. [Sec.
4, Rule 18] The action shall be dismissed with prejudice,
unless otherwise ordered by the court. [Sec. 5,
Appearance by Representative Rule 18]
A representative may appear on behalf of a
party, but must be fully authorized in writing to: Remedy: Motion for reconsideration, then
a. Enter into an amicable settlement, appeal
b. To submit to alternative modes of dispute
resolution, and Note: This would be the proper remedy
c. To enter into stipulations or admissions of because dismissal with prejudice amounts to
facts and documents. [Sec. 4, Rule 18] an adjudication on the merits and is thus, final.
Note: It is not sufficient for the representative to
be given the power to enter into one or two of ii. By the defendant and counsel
the matters enumerated. An incomplete
authority does not satisfy the requirement of The plaintiff shall be allowed to present
the Rules and should be deemed the evidence ex parte within 10 calendar days from
equivalent of having no authority at all. [1 Riano termination of pre-trial, and judgment shall be
429, 2016 Bantam Ed.] rendered based on the evidence offered. [Sec.
5, Rule 18]
Moreover, only the authorization is required in
order for a representative to appear on behalf Remedy: Motion for reconsideration, and if the
of a party. A ground for excused non- denial is tainted with grave abuse of discretion,
appearance need not concur with the written a petition for certiorari
authorization in order to allow a representative
to appear on behalf of the party. Note: This is because the order of the court
allowing the plaintiff to present evidence ex
The written authorization must be in the form of parte does not dispose of the case with finality
a special power of attorney as authority to and the order is, therefore, interlocutory and
enter into amicable settlement must be in such not appealable. [1 Riano 428, 2016 Bantam
form [Sec. 23, Rule 138; Art. 1878(3), Civil Ed. citing Sec. 1(b), Rule 41]
Code]
The non-appearance of the defendant in pre-
Effect of failure to appear trial is not a ground to declare him in default.
Note: The party and counsel must have been While the effect of the failure of the defendant
duly notified and their failure to appear was to appear at the pre-trial is similar to that of
without valid cause. It is only then that the default (possible presentation of evidence ex
following effects occur upon non-appearance parte), under the Rules, this consequence is
of both party and counsel: not to be called a declaration of default. [1
Page 82 of 525
e. The documents or other object evidence to

Default by Failure to appear
be marked, stating the purpose thereof;
defendant [Sec. 3, by defendant [Sec.
f. The names of the witnesses, and the
Rule 9] 5, Rule 18]
summary of their respective testimonies;
Upon motion of the Not required and
claiming party with g. A brief statement of points of law and
notice to the citation of authorities. [Sec. 6, Rule 18]
defending party
Legal effect of representations and
Requires proof of Not required statements in the pre-trial brief
failure to answer The parties are bound by the representations
and statements in their respective pre-trial
Court may render Court renders briefs. [A.M. 03-1-09-SC (2004)]
judgment without judgment based on
receiving evidence the evidence Note: Representations and statements in the
presented ex parte pre-trial briefs are in the nature of judicial
admissions [Sec. 4, Rule 129]
Judgment by default Judgment ex parte
Effect of failure to file:

Relief awarded must No such limitation Failure to file the pre-trial brief shall have the
be the same in same effect as failure to appear at the pre-trial.
nature and amount [Sec. 6, Rule 18] Therefore, the following
as prayed for in the sanctions are meted out to those failing to file
complaint their respective pre-trial briefs:
1. Waiver of any objections to the faithfulness
e. Pre-Trial Brief; Effect of Failure of the reproductions marked, or their
to File genuineness and due execution, [Sec. 2,
Rule 18]
When to file and serve pre-trial brief 2. If plaintiff and counsel fail to appear
The parties shall file with the court and serve • The action will be dismissed with
on the adverse party to ensure receipt at least prejudice, unless otherwise ordered by
3 calendar days before the date of pre-trial the court
their pre-trial briefs. [Sec. 6, Rule 18] If defendant and counsel fail to appear
• The plaintiff shall be allowed to present
Contents of pre-trial brief: evidence ex parte within 10 calendar
a. A concise statement of the case and the days from termination of pre-trial, and
reliefs prayed for; judgment shall be rendered based on
b. A summary of admitted facts and proposed the evidence offered. [Sec. 5, Rule 18]
stipulation of facts;
c. The main factual and legal issues to be
tried or resolved;
d. The propriety of referral of factual issues to
commissioners;
Page 83 of 525
f. Pre-Trial Order examined in one (1) day only, shall be

strictly adhered to subject to the courts'
When is a Pre-trial order Issued discretion during trial on whether or not
The court shall issue and order within 10 to extend the direct and/or cross-
calendar days from termination of pre-trial. examination for justifiable reasons
[Sec. 7, Rule 18] [Item I-A-5-i, A.M. No. 03-1-09-SC]
Effects of pre-trial order • Most important witness rule

The contents of the order shall control the The court shall determine the most
subsequent course of the action, unless: important witnesses to be heard and
a. The order is modified before trial to prevent limit the number of witnesses (Most
manifest injustice, or [Sec. 7, Rule 18] Important Witness Rule) [Item I-A-5-j,
b. There are issues impliedly included therein AM No. 03-1-09-SC]
or may be inferable therefrom by The court shall require the parties
necessary implication. [Philippine Export and/or counsel to submit to the Branch
and Foreign Loan Guarantee Corp. v. COC the names, addresses and
Amalgamated Management and contact numbers of the witnesses to be
Development Corp., G.R. No. 177729 summoned by subpoena [Item I-A-5-l,
(2011)] AM No. 03-1-09-SC]
i. A statement that the court shall render
Contents of a pre-trial order judgment on the pleadings or summary
a. An enumeration of the admitted facts; judgment, as the case may be. [Sec. 7,
b. The minutes of the pre-trial conference Rule 18]
prepared by the branch clerk of court [Sec.
2, Rule 18]; Use of Judicial Affidavits
c. The legal and factual issued to be tried; The direct testimony of witnesses for the
d. The applicable law, rules, and plaintiff shall be in the form of judicial
jurisprudence; affidavits. However, even witnesses for the
e. The evidence marked; defendant are required to submit judicial
f. The specific trial dates for continuous trial, affidavits, which likewise take the place of their
which shall be within the period provided by direct testimony. [AM No. 12-8-8-SC, Sec.
the rules; 2(a)(1)]
g. The case flowchart to be determined by the
court After identification of such affidavits, cross-
• Contains the different stages of the examination shall proceed immediately. [Sec.
proceedings up to the promulgation of 7, Rule 18]
the decision and the use of time frames
for each stage in setting the trial dates. Postponement of presentation of witnesses
h. A statement that the one-day examination General Rule: Postponement of presentation
of witness rule and most important witness of the parties’ witnesses at a scheduled date is
rule shall be strictly followed; and prohibited.
• One day examination of witness rule • Effect of failure to appear without valid
The One-Day Examination of Witness cause: The presentation of the scheduled
Rule, that is, a witness has to be fully witness will proceed with the absent party
Page 84 of 525
appeal or certiorari as provided for expressly

Exception: A motion for postponement for under Sec. 10, Rule 18.
presentation of witnesses is allowed if the
postponement is based on: Judgment shall be rendered within 90 calendar
a. Acts of God, days from termination of pre-trial. [Sec. 10,
b. Force majeure, or Rule 18]
c. Duly substantiated inability of the witness
to appear and testify. Court-Annexed Mediation (CAM)
After pre-trial and after the issues are joined,
Note: The party causing the postponement the court shall refer the parties for mandatory
must still finish his presentation of evidence CAM.
within the remaining dates previously agreed
upon. [Sec. 7, Rule 18 in relation to Sec. 2, Period: Not exceeding 30 calendar days
Rule 30] without extension.
[Sec. 8, Rule 18]
Conduct of pre-trial
The judge shall be the one to ask questions Note: A.M. 11-1-6-SC-PHILJA insofar as it
on issues raised by the parties, and all provides that an extended period of another 30
questions or comments by counsel or parties days may be granted by the court upon motion
must be directed to the judge to avoid hostilities by the mediator and with the conformity of the
between the parties. [A.M. No. 03-1-09-SC parties shall no longer apply.
(2004)]
Effect of failure of mediation:
Motu proprio order for summary judgment a. Proceed with trial; or
or judgment on the pleadings b. If the judge is convinced that settlement is
The court may motu proprio include in the pre- possible, referral to another court to
trial order that the case be submitted for proceed with JDR.
summary judgment or judgment on the
pleadings without need of position papers or Judicial Dispute Resolution (JDR)
memoranda, and without prejudice to a party If the judge of the court to which the case is
moving for either judgement on the pleadings originally raffled is convinced that settlement is
or summary judgement when: still possible, the case may be referred to
a. There be no more controverted facts, another court for JDR.
b. No more genuine issue as to any material
fact, Period: Non-extendible period of 15 calendar
c. There be an absence of any issue, or days from notice of failure of CAM. Note that
d. Should the answer fail to tender an issue. the period to conduct JDR is included in the
[Sec. 10, Rule 18] period for the presentation of plaintiff’s
evidence. [Sec. 1[a][i], Rule 30]
Note: Such order is deemed an interlocutory
order as it is included in the pre-trial order. Effect of failure: Trial before the original court
However, the order of the court submitting the shall proceed on the dates agreed upon.
case for such judgment shall not be subject to [Sec. 9, Rule 18]
Page 85 of 525
Note: JDR is no longer mandatory as provided

Pre-trial in a Pre-trial in a
for under A.M. 11-1-6-SC-PHILJA due to the
Civil Case Criminal Case
amended rules. The aforementioned A.M. also
[Rule 18] [Rule 118]
provides for a 30-day JDR for first level courts,
a 60-day JDR for second level courts, and
discretion on the part of the JDR judge to order As to Not later than After
a longer period of JDR. Such provisions are when 60 calendar arraignment
now repealed due to the Amended Rules conducted days from the and within 30
providing for a non-extendible shorter period of filing of the last days from the
15 calendar days for JDR. responsive date the court
pleading. acquires
Confidentiality [Sec. 1] jurisdiction
All proceedings during CAM and JDR shall be over the
confidential. [Sec. 9, Rule 18] person of the
accused
Effect of non-appearance at CAM or JDR
Note: Non-appearance at CAM or JDR, if Exception: If
necessary, shall be deemed as non- special laws
appearance at pre-trial. [Sec. 3, Rule 18] and circulars
provide for a
Therefore, the following sanctions are meted shorter period
out to non-appearing parties at CAM or JDR:
1. Waiver of any objections to the faithfulness [Sec. 1]
of the reproductions marked, or their
As to need There is no Ordered by the
genuineness and due execution, [Sec. 2,
of motion longer a need court and no
Rule 18]
2. If plaintiff and counsel fail to appear for the plaintiff motion is
to move ex required from
• The action will be dismissed with
parte to set the either party
prejudice, unless otherwise ordered by
case for pre- [Sec. 1]
the court
trial. Under the
If defendant and counsel fail to appear
Amended
• The plaintiff shall be allowed to present
Rules, the
evidence ex parte within 10 calendar
clerk of court
days from termination of pre-trial, and
should issue
judgment shall be rendered based on
the notice of
the evidence offered. [Sec. 5, Rule 18]
pre-trial within
5 calendar
g. Pre-Trial in Civil Cases vs. Pre-
days from
Trial in Criminal Cases
filing of the last
responsive
pleading.
[Sec. 1]
Page 86 of 525
As to Mandatory Mandatory As to The pre-trial Shall be

whether or [Sec. 2] [Sec. 1] agreement order shall reduced in
not s of include an writing and
mandatory admission enumeration signed by the
s made of the admitted accused and
As to Of the plaintiff If the counsel
facts and counsel,
effect of – the case for the accused
proposed otherwise, they
failure to shall be or the
appear stipulation of cannot be used
dismissed with prosecutor
facts. [Sec. against the
prejudice, does not
7(a)] accused. [Sec.
unless the appear at the
2]
court orders pre-trial
conference
Of the and does not 11. INTERVENTION
defendant – offer an
the plaintiff acceptable Definition of Intervention
shall be excuse for his A proceeding in a suit or an action by which a
allowed to lack of third person is permitted by the court to
present cooperation, make himself a party, either:
evidence ex the court may 1. Joining plaintiff in claiming what is sought
parte, and impose proper by the complaint,
judgment shall sanctions or 2. Uniting with defendant in resisting the
be rendered penalties. [Sec. claims of the plaintiff, or
based thereon 3] 3. Demanding something adverse to both of
[Sec. 5, Rule them. [1 Herrera 1117, 2007 Ed., citing
18] Gutierrez v. Villegas, G.R. No. L-11848
(1962)]
As to The court shall Not in the
possibility consider this enumeration to
Purpose of Intervention
of an matter [Sec. be considered.
Its purpose is to afford one not an original party,
amicable 2(a)] [Sec. 1]
yet having a certain right/interest in the pending
settlement
case, the opportunity to appear and be
As to A pre-trial brief A pre-trial brief joined so he could assert or protect such
requireme is specifically is not required right/interest [Cariño v. Ofilada, G.R. No.
nt of Pre- required to be under Rule 102836 (1993)]
Trial Brief submitted 118.
[Sec. 6] Nature of Intervention
Intervention cannot alter the nature of the
action and the issues already joined. [Castro v.
David, 100 Phil 454 (1956)]
Intervention is never an independent action,

but is ancillary and supplemental to the
existing litigation. [Saw vs CA, 195 SCRA 740
Page 87 of 525
(1991)] An independent controversy cannot be

injected in the suit by intervention since it would The interest must be actual and material, a
enlarge the issues and expand the scope of the concern which is more than mere curiosity, or
remedies. [Mactan-Cebu Intl Airport Authority academic or sentimental desire; it must not be
vs Heirs of Minoza, 641 SCRA 520 (2011)] indirect and contingent, indirect and remote,
conjectural, consequential or collateral [Virra
a. Requisites for Intervention Mall Tenants v. Virra Mall, G.R. No. 182902
(2011)]
1. A motion for leave to intervene filed at any
time before rendition of judgement by the Notwithstanding the presence of a legal
trial court [Sec. 2, Rule 19] interest, permission to intervene is subject to
the sound discretion of the court, the
Note: A motion for intervention is a litigious exercise of which is limited by considering
motion. Therefore, the court shall resolve "whether or not the intervention will unduly
the motion within 15 calendar days from delay or prejudice the adjudication of the rights
receipt of the opposition or upon expiration of the original parties and whether or not the
of the period to file such opposition. The intervenor’s rights may be fully protected in a
period to file an opposition would be 5 separate proceeding [Virra Mall Tenants v.
calendar days from the receipt of such Virra Mall, G.R. No. 182902 (2011)]
opposition. [Sec. 5, Rule 15]
b. Time to Intervene
2. A legal interest: The motion to intervene may be filed at any
a. In the matter in litigation; time before rendition of judgment by the trial
b. In the success of either of the parties; court. [Sec. 2, Rule 19]
c. An interest against both; or
d. So situated as to be adversely affected How effected
by a distribution or other disposition of a. By filing a motion to intervene,
property in the custody of the court or b. Attaching a copy of the pleading-in-
of an officer thereof intervention, and
3. Intervention will not unduly delay or c. Serving the motion and pleading-in-
prejudice the adjudication of rights of the intervention on the original parties [Sec. 2,
original parties
Rule 19]
4. Intervenor’s rights may not be fully
protected in a separate proceeding. [Sec.
1, Rule 19; Lorenza Ortega v. CA, G.R. No. Pleadings-in-intervention
125302 (1998)] a. Complaint-in-intervention – If intervenor
asserts a claim against either or all of the
Meaning of legal interest original parties
The interest which entitles a person to b. Answer-in-intervention – If intervenor
intervene in a suit must be on the matter in unites with the defending party in resisting
litigation and of such direct and immediate a claim against the latter
character that the intervenor will either gain or [Sec. 3, Rule 19]
lose by the direct legal operation and effect of c. Answer to complaint-in-intervention - It
the judgment [1 Regalado 324-325, citing 6318 shall be filed within 15 calendar days from
v. Nocom, G.R. No. 175989 (2008)] notice of the order admitting the complaint-
Page 88 of 525
in-intervention, unless a different period is

Subpoena Summons
fixed by the court [Sec. 4, Rule 19]
A process directed to A direction that the

c. Remedy for the Denial of Motion
a person requiring defendant answer
to Intervene
him to attend and to within the time fixed
testify. It may also by the ROC [Sec. 2,
An improper denial of a motion for intervention
require him to bring Rule 14]
is correctable by appeal [1 Regalado 324, 2010
with him any books,
Ed., citing Ortiz v. Trent, G.R. No. 5099 (1909)
and Hospicio de San Jose v. Piccio, G.R. No. documents, or other
things under his
L-8540 (1956)]
control [Sec. 1, Rule
But if there is grave abuse of discretion, 21]
mandamus will lie, where there is no other Directed to a person Directed to the
plain, speedy and adequate remedy [1 [Sec. 1, Rule 21] defendant [Sec. 2,
Regalado 324, 2010 Ed., citing Dizon v. Rule 14]
Romero, G.R. No. L-26252 (1968) and Macias
v. Cruz, G.R. No. L-28947 (1973)] Costs for court Tender of costs not
attendance and the required by Rule 14
Remedy for granting of the motion to production of
intervene documents and other
An improper granting of a motion for materials subject of
intervention may be controlled by certiorari and the subpoena shall be
prohibition. [1 Regalado 324, 2010 Ed., citing tendered or charged
Pflieder v. De Britanica, G.R. No. L-19077 accordingly. [Sec. 6,
(1964)] Rule 21]
12. SUBPOENA Who may issue

1. Court before whom the witness is required
Definition to attend
A process directed to a person requiring him or 2. Court of the place where the deposition is
her: to be taken
1. To attend and to testify at the hearing or the 3. Officer or body authorized by law to do so
trial of an action, or at any investigation in connection with investigations
conducted by competent authority, or for conducted by said officer or body, or
the taking of his or her deposition 4. Any justice of the SC or of the CA, in any
2. Also to bring any books, documents, or case or investigation pending within the
other things under his or her control. [Sec. Philippines. [Sec. 2, Rule 21]
1, Rule 21]
Form and contents
1. Shall state the name of the court and the
title of the action or investigation
2. Shall be directed to the person whose
attendance is required
Page 89 of 525
3. For subpoena duces tecum, shall also

contain a reasonable description of the The subpoena duces tecum is, in all respects,
books, documents or things demanded like the ordinary subpoena ad testificandum,
which must appear to the court prima facie with the exception that it concludes with an
relevant. [Sec. 3, Rule 21] injunction that the witness shall bring with
him and produce at the examination the
When issued against prisoners books, documents, or things described in
When applied for, the judge or officer shall the subpoena [see Sec. 1, Rule 21]
examine and study carefully the application to
determine whether it is made for a valid Note the requirements for a subpoena duces
purpose. [Sec. 2, Rule 21] tecum, see item (3) of “Form and contents”
above.
When Supreme Court authorization
required b. Subpoena Ad Testificandum
When the subpoena for appearance or
attendance in any court is issued against a A process directed to a person requiring him to
prisoner: attend and to testify at the hearing or the trial of
1. Sentenced to death, reclusion perpetua, or an action, or at any investigation conducted by
life imprisonment, and competent authority or for the taking of his
2. Confined in any penal institution. [Sec. 2, deposition [Sec. 1, Rule 21]
Rule 21]
Note: This is the technical and descriptive term
Personal appearance in court; same effect for the ordinary subpoena. [1 Regalado 330,
as subpoena 2010 Ed.]
A person present in court before a judicial
officer may be required to testify as if he or she c. Service of Subpoena
were in attendance upon a subpoena. [Sec 7,
Rule 21] Service of a subpoena shall be made in the
same manner as personal or substituted
Subpoena for depositions service of summons [Sec. 6, Rule 21]
Proof of service of notice to take a deposition
shall constitute sufficient authorization for the Formalities
issuance of subpoenas for the persons named a. The original is exhibited to the person
in such notice. served;
b. A copy is delivered to him; and
Note: In order to issue a subpoena duces c. Costs for court attendance and the
tecum, an order of the court shall be necessary. production of documents and other
[Sec 5, Rule 21] materials subject of the subpoena shall be
tendered or charged accordingly. [Sec. 6,
a. Subpoena Duces Tecum Rule 21]
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]
Page 90 of 525
travel to the place of attendance [Sec. 6, Rule Viatory Right

21] The right not to be compelled to attend upon a
subpoena by reason of the distance from the
d. Compelling Attendance of residence of the witness to the place where he
Witnesses; Contempt is to testify is sometimes called the viatory
right of a witness [1 Regalado 334-335, 2010
Warrant to compel attendance Ed.]
The court which issued the subpoena may
issue a warrant to the sheriff or his or her Note: Such right applies only in civil cases, not
deputy to arrest the witness and to bring him or criminal cases. [Genorga v. Quitain, A.M. No.
her before the court or officer where his or her 981-CFI (1977)]
attendance is required, upon
a. Proof of service, and e. Quashing of Subpoena
b. Failure of witness to attend. [Sec. 8, Rule
21] For quashing subpoena duces tecum
1. A motion is promptly made and, in any
Costs event, at or before the time specified
The cost of such warrant and seizure of such therein
witness shall be paid by the witness if the 2. Grounds
court issuing it shall determine that his or her a. Subpoena is unreasonable and
failure to answer the subpoena was willful and oppressive, or
without just excuse [Sec. 8, Rule 21] b. Relevancy of the books, documents or
things does not appear, or
Failure to obey c. Person in whose behalf the subpoena
Effect of failure by any person without is issued fails to advance the
adequate cause to obey a subpoena served reasonable cost of the production
upon him or her: thereof
a. Contempt of court who issued the d. Witness fees and kilometrage allowed
subpoena, or by these Rules were not tendered
b. Punishment in accordance with the when the subpoena was served. [Sec.
applicable law or rule if the subpoena was 4, Rule 21]
not issued by a court. [Sec. 9, Rule 21]
For quashing subpoena ad testificandum
When Sec. 8 and Sec. 9 will not apply a. Witness is not bound thereby, or
Provisions regarding the compelling of b. Witness fees and kilometrage allowed by
attendance and contempt shall not apply to a: the ROC were not tendered when the
a. Witness who resides more than 100 km subpoena was served. [Sec. 4, Rule 21]
from his or her residence to the place
where he or she is to testify by the ordinary 13. COMPUTATION OF TIME
course of travel; or
b. Detention prisoner if no permission of the Applicability
court in which his or her case is pending In computing any period of time:
was obtained. [Sec. 10, Rule 21] a. Prescribed or allowed by the Rules,
b. By order of the court, or
Page 91 of 525
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,
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]
Page 92 of 525
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,
Page 93 of 525
b. The subject matter of the expected Deposition pending appeal

action and his interest therein, If an appeal has been taken or the time for
c. The facts which he desires to taking such has not yet expired, the court in
establish by the proposed testimony which the judgment was rendered may allow
and his reasons for desiring to the taking of depositions of witnesses to
perpetuate it, perpetuate their testimony for use in the event
d. The names or a description of the of further proceedings in said court. [Sec. 7,
persons he expects will be adverse Rule 24]
parties and their addresses so far as
known, and Procedure for deposition pending appeal
e. The names and addresses of the 1. The party who desires to perpetuate the
persons to be examined and the testimony may make a motion in the said
substance of the testimony which he court for leave to take the depositions,
expects to elicit upon the same notice and service thereof
as if the action was pending therein.
Note: Such petition shall ask for an order 2. The motion shall state the
authorizing the petitioner to take the a. Names and addresses of the persons
depositions of the persons sought to be to be examined,
examined who are named in the petition for the b. The substance of the testimony which
purpose of perpetuating their testimony. he expects to elicit from each, and
[Sec. 2, Rule 24] c. Reason for perpetuating their
testimony.
2. The petitioner shall serve a notice upon 3. If the court finds that the perpetuation of the
each person named in the petition as an testimony is proper to avoid a failure or
expected adverse party, together with a delay of justice, it may make an order
copy of the petition, stating that the allowing the depositions to be taken,
petitioner will apply to the court, at a time and thereupon the depositions may be
and place named therein, for the order taken and used in the same manner and
described in the petition. under the same conditions as are
prescribed in these Rules for depositions
• At least 20 calendar days before the taken in pending actions. [Sec. 7, Rule 24]
date of the hearing, the court shall
cause notice thereof to be served on ii. Uses; Scope of Examination
the parties and prospective deponents
in the manner provided for service of General uses of deposition
summons. [Sec. 4, Rule 23] Intended as a means to compel disclosure of
facts resting in the knowledge of a party or
3. If the court is satisfied that the perpetuation other person, which are relevant in a suit or
of the testimony may prevent a failure or proceeding. [1 Regalado 349, 2010 Ed.]
delay of justice, it shall make an order
designating or describing the persons Scope of examination
whose deposition may be taken and Unless otherwise ordered by the court as
specifying the subject matter of the provided by Secs. 16 and 18, Rule 23, the
examination and whether the depositions deponent may be examined regarding any
shall be taken upon oral examination or matter:
written interrogatories. The depositions 1. Not privileged, and
may then be taken in accordance with Rule 2. Relevant to the subject of the pending
23 before the hearing [Sec. 4, Rule 24] action,
a. Whether relating to the claim or
defense of any other party;
Page 94 of 525
b. Including the existence, description, Any purpose if the

nature, custody, condition, and location court finds that
of any books, documents, or other 1. Witness is
tangible things, and dead, or
c. Including the identity and location of 2. Witness
persons having knowledge of relevant resides more
facts. than 100 km
from the place
General rule: A deposition is not a substitute of trial or
for the actual testimony in open court of a party hearing, or is
or witness. If the witness is available to testify, out of the
he should be presented in court to testify. If Philippines,
available to testify, a party’s or witness’ unless it
deposition is inadmissible in evidence for being appears that
hearsay. [Dasmarinas Garments Inc. v. Reyes, his absence
G.R. No. 108229 (1993)] was procured
by the party
Exception: Depositions may be used as offering the
evidence under the circumstances in Sec. 4, deposition, or
Rule 23. 3. Witness is
unable to
Specific uses of depositions attend or testify
By because of
Deposition whom Purpose Deposition of age, sickness,
used a witness, Any infirmity, or
Contradicting or imprisonment,
whether or party
impeaching the or
Any Any not a party
testimony of 4. Party offering
deposition party the deposition
deponent as a
has been
witness
unable to
Deposition of procure the
a party or of attendance of
anyone who the witness by
at the time of subpoena; or
taking the 5. Upon
deposition application and
was an notice, that
officer, such
director, or An exceptional
managing adverse Any purpose circumstances
agent of a party exist as to
make it
public or
desirable, in
private
the interest of
corporation,
justice and with
partnership, due regard to
or the importance
association of presenting
which is a the testimony
party of witnesses
Page 95 of 525
orally in open b. on motion or petition of any party or of the

court, to allow deponent,
the deposition c. upon a showing that the examination is
to be used; being conducted in bad faith or in such
[Sec. 4, Rule 23] manner, as unreasonably to annoy,
embarrass, or oppress the deponent or
Effect of using deposition party,
General rule: The introduction in evidence of [Sec. 16, Rule 23]
the deposition or any part thereof for any
purpose makes the deponent the witness of Order terminating examination
the party introducing the deposition If the order made terminates the examination,
it shall be resumed only upon the order of the
Exceptions: court in which the action is pending.
1. The deposition is used to contradict or
impeach the deponent. Suspension of taking of deposition
2. The deposition of a party or of any one who Upon demand of the objecting party or
at the time of taking the deposition was an deponent, the taking of the deposition shall be
officer, director, or managing agent of a suspended for the time necessary to make a
public or private corporation, partnership, notice for an order.
or association which is a party may be used Note: The court may impose upon either party
by an adverse party for any purpose. [Sec. or witness the requirement to pay reasonable
4(b), Rule 23] costs and expenses.
[Sec. 8, Rule 23] [Sec. 18, Rule 23]
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
Page 96 of 525
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]
Page 97 of 525
Written interrogatories to parties differ from

the written interrogatories in a deposition Objections to interrogatories; answers
since such are not served upon the adverse deferred
party directly but rather on the officer Objections to any interrogatories may be
designated in the notice. [1 Riano 447, 2016 presented to the court within 10 calendar
Bantam Ed.] days after service thereof, with notice as in
case of a motion; and answers shall be
Scope and use: Interrogatories may relate to deferred until the objections are resolved,
any matters that can be inquired into under which shall be at as early a time as is
Sec. 2 of Rule 23, and the answers may be practicable. [Sec. 3, Rule 25]
used for the same purposes provided in Sec. 4
of the same Rule [ Sec. 1, Rule 25] Grounds for objections
a. They require the statements of conclusions
Procedure for interrogatories to parties of law or answers to hypothetical questions
1. Upon ex parte motion, or opinion, or mere hearsay, or matters not
2. Any party desiring to elicit material and within the personal knowledge of the
relevant facts from any adverse parties, interrogated party.
3. Shall file and serve written interrogatories b. Frivolous interrogatories need be
on the party answered
4. Such are to be answered by: [2 Herrera 50, 2007 Ed.]
a. the party served or,
b. if the party served is a public or private i. Consequences of Refusal to
corporation or a partnership or Answer
association, by any officer thereof
competent to testify in its behalf. [Sec. If a party or an officer or managing agent of a
1, Rule 25] party fails to serve answers to
Note: The interrogatories shall be answered interrogatories submitted under Rule 25 after
fully in writing and shall be signed and proper service of such interrogatories, the court
sworn to by the person making them [Sec. 2, on motion and notice, may:
Rule 25] 1. Strike out all or any part of any pleading of
the party,
Number of interrogatories 2. Dismiss the action or proceeding or any
No party may, without leave of court, serve part thereof, or
more than one set of interrogatories to be 3. Enter a judgment by default against the
answered by the same party [Sec. 4, Rule 25] party, and
4. In its discretion, order him to pay
Answers as judicial admissions reasonable expenses incurred by the
Written interrogatories and the answers thereto other, including attorney’s fees.
must both be filed and served. [Sec. 2, Rule 25]
Note: Such consequences also apply for willful
The answers constitute judicial admissions. failure to appear before the officer who is to
[Sec. 4, Rule 129] take his deposition.
[Sec. 5, Rule 29]
Service and filing
The party upon whom the interrogatories have ii. Effect of Failure to Serve Written
been served shall file and serve a copy of the Interrogatories
answers on the party submitting the
interrogatories within 15 calendar days after General Rule: A party not served with written
service thereof, unless the court, on motion interrogatories may not be compelled by
and for good cause shown, extends or adverse party to:
shortens the time. [Sec. 2, Rule 25] 1. Give testimony in open court; or
Page 98 of 525
2. Give a deposition pending appeal. i. Implied Admission by Adverse

Party
Exception: Allowed by the court for good
cause shown and to prevent a failure of justice. Each of the matters which an admission is
[Sec. 6, Rule 25] requested shall be deemed admitted unless
the party to whom request is directed files and
c. Request for Admission serves upon the party requesting admission a
sworn statement. [Sec. 2, Rule 26]
Rule 26, as a mode of discovery, contemplates
interrogatories seeking clarification in order to Contents
determine the truth of the allegations in a 1. Denying specifically the matters of which
pleading [1 Regalado 370, 2010 Ed.] an admission is requested, or
2. Setting forth in detail the reasons why he
Purpose cannot truthfully either admit or deny those
In order to allow one party to request the matters
adverse party, in writing, to admit certain [Sec. 2, Rule 26]
material and relevant matters which, most
likely, will not be disputed during the trial. [1 Period: Such party must file and serve such
Riano 448-449, 2016 Bantam Ed.] statement:
1. Within a period not less than 15 calendar
In order to avoid unnecessary inconvenience days after service thereof, or
before trial, a party may request the other to: 2. Within such further time as the court may
a. Admit the genuineness of any material and allow on motion
relevant document described in and [Sec. 2, Rule 26]
exhibited with the request, or
b. Admit the truth of any material and relevant Objections
matter of fact set forth in the request. [Sec. Objections to any request for admission shall
1, Rule 26] be submitted to the court by the party
requested within the period for and prior to
How made the filing of his sworn statement.
A party may file and serve upon any other • His compliance with the request for
party a written request for the purpose admission shall be deferred until such
mentioned above. [Sec. 1, Rule 26] obligations are resolved, which resolution
Note: The request for admission must be shall be made as early as practicable. [Sec.
served on the party, not the counsel. This is 2, Rule 26]
an exception to the general rule that notices
shall be served upon counsel and not upon the ii. Consequences of Failure to
party. [Duque v. CA, G.R. 125383 (2002)] Answer Request for Admission
When made The proponent may apply to the proper court

At any time after issues have been joined. [Sec. for an order to compel an answer. [Sec. 1,
1, Rule 26] Rule 29]
Note: Issues are joined when all the parties
have pleaded their respective theories and the If application is granted, the court
terms of the dispute are plain before the court. 1. Shall require the refusing party to answer;
[Rosete v. Sps. Lim, G.R. No. 136051 (2006)] and
2. May require the refusing party or counsel
to pay reasonable expenses for obtaining
the order, if the court finds that the refusal
to answer was without substantial
justification.
Page 99 of 525
knowledge of the latter, shall not be permitted

Effect of refusal to answer to present evidence on such facts.
Refusal to answer after being directed by the
court would: Exception: Allowed by the court for good
a. Constitute contempt of that court. [Sec. 2, cause shown and to prevent a failure of justice.
Rule 29] [Sec. 5, Rule 29]
b. Allow the court to make such orders
regarding the refusal as are just, like: d. Production or Inspection of
1. An order that the matters regarding Documents or Things
which questions were asked shall be
taken as established for the purposes Purpose
of the action in accordance with the This mode of discovery is not only for the
claim of the party obtaining the order benefit of a party, but also for the court and for
2. An order refusing to allow the it to discover all the relevant and material facts
disobedient party to support or oppose in connection with the case. [1 Riano 451, 2016
designated claims or defenses Edition]
3. An order striking out pleadings or parts
thereof, or staying further proceedings Procedure for production/inspection of
until the order is obeyed, or dismissing documents or things
the action or proceeding or any part a. Upon motion of any party,
thereof or rendering a judgment by b. Showing good cause therefor,
default against the disobedient party, c. The court in which an action is pending
and may order any party to:
4. In lieu of any of the foregoing orders or i. Produce and permit the inspection and
in addition thereto, an order directing copying or photographing, by or on
the arrest of any party or agent of party behalf of the moving party, of any
for disobeying any of such orders. designated documents, papers,
[Sec. 3, Rule 29] books, accounts, letters,
photographs, objects or tangible
iii. Effect of Admission things not privileged, which
constitute or contain evidence material
Any admission made by a party pursuant to to any matter involved in the action and
such request is for the purpose of the which are in his possession custody or
pending action only and shall not constitute control; or
an admission by him for any other purpose nor ii. Permit entry upon designated land or
may the same be used against him in any other other property in his possession or
proceeding [Sec. 3, Rule 26] control for the purpose of inspecting,
measuring, surveying, or
Withdrawal of admission photographing the property or any
The court may allow the party making the designated relevant object or operation
admission under this Rule, to withdraw and thereon
amend it upon such terms as may be just. [Sec.
4, Rule 26] Note: The order shall specify the time, place
and manner of making the inspection and
iv. Effect of Failure to File and Serve taking copies and photographs, and may
Request for Admission prescribe such terms and conditions as are
just.
General Rule: A party who fails to file and [Sec. 1, Rule 27]
serve a request for admission on the adverse
party of material and relevant facts at issue Production/inspection of documents vs
which are, or ought to be, within the personal Subpoena duces tecum
Page 100 of 525

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]
Note: Since the results of the examination are

e. Physical and Mental
intended to be made public, the same are not
Examination of Persons covered by physician-patient privilege under
Sec. 24(b), Rule 130 [1 Regalado 376, 2010
When examination may be ordered Ed.]
Such may be ordered in an action in which the
mental or physical condition of a party is in
controversy. [Sec. 1, Rule 28]
Page 101 of 525

f. Consequences of Refusal to incurred in opposing the

Comply with Modes of application, including
Discovery attorney’s fees.
[Sec. 1, Rule 29]
Consequences of Refusal to Comply with
Modes of Discovery The refusal may be
Form of considered a contempt of
Sanctions
refusal that court. [Sec. 2, Rule
Upon refusal to answer, 29]
the proponent may apply The refusal may be
to the court for an order Refusal to be considered a contempt of
to compel an answer. sworn that court. [Sec. 2, Rule
29]
If the application is The court may make such
granted, the court shall orders in regard to the
a. require the refusing refusal as are just, and
party or deponent to among others the
answer the question following
or interrogatory, and a. An order that the
b. if it also finds that the matters regarding
refusal to answer was which the questions
without substantial were asked, or the
justification, it may character or
require the refusing description of the
party or deponent or Refusal to thing or land, or the
contents of the paper,
the counsel advising answer
or the physical or
Refusal to the refusal, or both of designated
mental condition of
answer any them, to pay the questions or the party or any other
question proponent the amount refusal to designated facts shall
of the reasonable produce be taken to be
expenses incurred in documents or established for the
obtaining the order, to submit to purposes of the
including attorney’s physical or action in accordance
fees. mental with the claim of the
examination party obtaining the
If the application is order;
denied and the court b. An order refusing to
finds that it was filed allow the disobedient
party to support or
without substantial
oppose designated
justification, the court may claims or defenses or
require the proponent or prohibiting him from
the counsel advising the introducing in
filing of the application, or evidence designated
both of them, to pay to the documents or things
refusing party or or items of testimony,
deponent the amount of or from introducing
the reasonable expenses
Page 102 of 525

evidence of physical answers to a. Strike out all or any

or mental condition; written part of any pleading of
c. An order striking out interrogatories disobedient party,
pleadings or parts [Sec. 5] b. Dismiss the action or
thereof, or staying proceeding or any
further proceedings
part thereof, or
until the order is
c. Enter a judgment by
obeyed, or dismissing
default against
the action or
proceeding or any disobedient party,
part thereof or and
rendering a judgment d. d. In its discretion,
by default against the order payment of
disobedient party; reasonable expenses
and incurred by the other
d. In lieu of any of the including attorney’s
foregoing orders or in fees.
addition thereto, an
order directing the Note: Expenses and attorney’s fees are not to
arrest of any party or be imposed upon the Republic of the
agent of party for Philippines under Rule 29. [Sec. 6, Rule 29]
disobeying any of
such orders except
an order to submit to 15. TRIAL
a physical or mental
examination. Definition
[Sec. 3, Rule 29] Trial is the judicial examination and
determination of the issues between the parties
The court, upon proper
to the action. [Black’s Law Dictionary 1348, 5th
application, may issue an
Ed.]
order requiring the other
party to pay him The judicial process of investigating and
reasonable expenses determining the legal controversies, starting
incurred, including with the production of evidence by the plaintiff
attorney’s fees and ending with his closing argument. [Acosta
PROVIDED that party v. People, G.R. No. L-17427 (1962)]
Refusal to requesting proves
admit under genuineness of such A hearing is a broader term. It is not confined
Rule 26 document or truth to the trial and presentation of the evidence
UNLESS the court finds: because it actually embraces several stages in
a. There were good the litigation. It includes the pre-trial and the
reasons for determination of granting or denying a motion.
denial, or [Trocio v. Labayo, G.R. No. L-35701 (1973)]
b. Admissions
sought were of no When trial unnecessary
importance. A civil case may be adjudicated upon without
[Sec. 4, Rule 29] the need for trial in any of the following cases:
1. Where the pleadings tender no issue at all,
Failure of
The court on motion and judgment on the pleadings may be
party to attend
notice may” directed by the court [Rule 34]
or serve
Page 103 of 525

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
Page 104 of 525

convenient transaction of business may

require. [Sec. 2, Rule 30] ii. For Illness of Party or Counsel
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.
Page 105 of 525

c. 3rd-party defendant shall adduce evidence e. Consolidation or Severance of

of his defense, counterclaim, cross-claim, Hearing or Trial
and 4th party complaint
d. 4th-party defendant shall adduce evidence, Consolidation is a procedural device, granted
and so forth to the court as an aid in deciding how cases in
e. Parties against whom any counterclaim or its docket are to be tried, so that the business
cross-claim has been pleaded shall adduce of the court may be dispatched expeditiously
evidence in support of their defense, in the while providing justice to the parties. [Republic
order to be prescribed by court v. Heirs of Oribello, G.R. No. 199501 (2013)]
f. Parties may then respectively adduce
rebutting evidence only, unless the court When proper: When actions involving a
permits them to adduce evidence upon common question of fact or law are pending
their original case before the court. [Sec. 1, Rule 31]
g. Upon admission of the evidence, the case
shall be submitted for decision, unless the Court action
court directs parties to argue or to submit The court may
respective memoranda or any further a. Order a joint hearing or trial of any or all
pleading matters in issue in the actions
b. Order all actions consolidated; and
Note: Such is subject to the provisions of Sec. c. Make such orders concerning proceedings
2, Rule 31 on separate trials. therein as may tend to avoid unnecessary
costs or delay.
Exception: When the court for special reasons [Sec. 1, Rule 31]
otherwise directs.
[Sec. 5, Rule 30] Purpose: To avoid multiplicity of suits, guard
against oppression or abuse, prevent delay,
Reverse order clear congested dockets, simplify the work of
Where the answer of the defendant admitted the trial court and save unnecessary costs and
the obligation stated in the complaint, expenses. [1 Regalado 392, 2010 Ed.]
although special defenses were pleaded, the
plaintiff has every right to insist that it was for Where a case has been partially tried before
the defendant to come forward with evidence one judge, the consolidation of the same with
to support his special defenses. [Yu v. Mapayo, another related case pending before another
G.R. No. L- 29742 (1972)] judge who had no opportunity to observe the
demeanor of the witness during trial makes the
The reasoning behind this is that the plaintiff consolidation not mandatory. [PCGG v.
need not present evidence since judicial Sandiganbayan, G.R. No. 102370-71 (1992)]
admissions do not require proof [Sec. 2, Rule
129] The Rules do not distinguish between
cases filed before the same branch or judge
Offer of exhibits and those that are pending in different
After the presentation of evidence, the offer of branches or before different judges of the
exhibits shall be made orally. The objections same court, in order that consolidation may be
shall then be made, and the court shall orally proper, as long as the cases involve the
rule on the same. [Sec 6, Rule 30] resolution of questions of law or facts in
common with each other. [Active Woods
Note: This is consistent with the rule on Products Co. Inc. v. CA, G.R. No. 86602
continuous trial for criminal cases, as well as (1990)]
the amendments to the Rules of Court.
Page 106 of 525

Kinds of consolidation b. Ex parte hearings, or

a. Quasi-consolidation – where all, except c. Cases where parties agree in writing.
one, of several actions are stayed until one
is tried, in which case, the judgment in the Note: In order to be able to receive evidence,
one trial is conclusive as to others; not the clerk of court must be a member of the
actually consolidation but referred to as bar. [Sec. 9, Rule 30]
such
b. Actual consolidation – where several Objections
actions are combined into one, lose their The COC has no power to rule on objections
separate identity, and become one single to any question or to the admission of exhibits.
action in which judgment is rendered Objections shall be resolved by the court
c. Consolidation for Trial – where several upon submission of the clerk’s report and the
actions are ordered to be tried together, but TSN within 10 calendar days from termination
each retains its separate character, and of the hearing. [Sec. 9, Rule 30]
requires the entry of separate judgment
[Republic v. Sandiganbayan, G.R. No. 152375 g. Trial by Commissioners
(2011)]
Commissioner - A person to whom a case
Severance pending in court is referred, for him to take
The court may order a separate trial of any testimony, hear the parties and report thereon
claim, cross-claim, counterclaim, or third-party to the court, and upon whose report, if
complaint, or of any separate issue. [Sec. 2, confirmed, judgment is rendered [Secs.1, 3, 9,
Rule 31] 11, Rule 32]
When proper: In furtherance of convenience Note: as used in the Rules, “commissioner”

or to avoid prejudice. [Sec. 2, Rule 31] includes a referee, an auditor, and an
examiner. [Sec. 1, Rule 32]
When a separate trial of claims is conducted by
the court under this section, it may render General Rule: Trial by commissioner depends
separate judgments on each claim. [see Sec. largely upon the discretion of the court. [Secs.
5, Rule 36] 1-2, Rule 32]
This provision permitting separate trials Exceptions: In the following instances,

presupposes that the claims involved are appointment of a commissioner is necessary:
within the jurisdiction of the court. When a. Expropriation [Rule 67]
one of the claims is not within its jurisdiction, b. Partition [Rule 69]
the same should be dismissed, so that it may
be filed in the proper court. [1 Regalado 394, Kinds of trial by commissioners
2010 Ed.] a. Reference by consent of both parties
b. Reference ordered on motion
f. Delegation of Reception of [Secs. 1-2, Rule 32]
Evidence
i. Reference by Consent or Ordered
General Rule: The judge of the court where on Motion
the case is pending shall personally receive
the evidence to be adduced by the parties [Sec. Reference by consent
9, Rule 30] The court may order any or all of the issues in
a case to be referred to a commissioner by
Exception: The court may delegate the written consent of both parties. [Sec. 1, Rule
reception of evidence to its COC in: 32]
a. Default hearings
Page 107 of 525

Commissioners are to be: a. Regulate the proceedings in every hearing

1. Agreed upon by the parties; or before him;
2. Appointed by the court. [Sec. 1, Rule 32] b. Do all acts and take all measures
necessary or proper for the efficient
Reference ordered on motion performance of his duties under the order;
When the parties do not consent, the court c. Issue subpoenas and subpoenas duces
may, upon the application of either or of its own tecum;
motion direct a reference to a commissioner in d. Swear witnesses; and
the following cases: e. Unless otherwise provided in the order of
1. When the trial of an issue of fact requires reference, he may rule upon the
the examination of a long account on admissibility of evidence.
either side, in which case the [Sec. 3, Rule 32]
commissioner may be directed to hear and
report upon the whole issue or any specific Note: Refusal of a witness to obey such
question involved therein, subpoena or to give evidence before him is
2. When the taking of an account is deemed contempt of the court which appointed
necessary for the information of the court the commissioner. [Sec. 7, Rule 32]
before judgment, or for carrying a judgment
or order into effect, Proceedings before the commissioner
3. When a question of fact, other than upon a. Upon receipt of the order of reference, the
the pleadings, arises upon motion or commissioner shall set a time and place for
otherwise, in any stage of a case, or for the first meeting of parties or their counsel;
carrying a judgment or order into effect. b. Notices shall be sent to parties or counsel;
[Sec. 2, Rule 32] and
c. Hearing is to be held within 10 calendar
Order of reference days after the date of order of reference.
When a reference is made, the clerk shall [Sec. 5, Rule 32]
furnish the commissioner with a copy of the
order of reference, which may contain the Note: The commissioner has the duty to
following: proceed with reasonable diligence. The parties
1. Specifications or limitations of the powers may apply to the court for an order requiring the
of the commissioner; commissioner to expedite proceedings and
2. A direction to report only upon particular submit his report. [Sec. 8, Rule 32]
issues, to do or perform particular acts, or
to receive and report evidence only; and Effect of party’s failure to appear
3. The date for beginning and closing the The commissioner may, in his discretion,
hearings, and that for the filing of his report. a. Proceed ex parte; or
[Sec. 3, Rule 32] b. Adjourn the proceedings to a future date
giving notice to the absent party or his
ii. Powers of The Commissioner counsel.
[Sec. 6, Rule 32]
Oath of commissioner
Before entering upon his duties, the a. Commissioner’s Report; Notice to Parties
commissioner shall be sworn to a faithful and and Hearing on The Report
honest performance thereof. [Sec. 4, Rule 32]
Report of the commissioner
Powers of the commissioner Upon the completion of the trial or hearing or
Subject to the limitations and specifications in proceeding before the commissioner, he shall
the order, the commissioner has and shall file with the court his report in writing upon
exercise the power to: the matters submitted to him by the order of
reference.
Page 108 of 525

Note: The commissioner shall attach all b. Effect of Denial

exhibits, affidavits, depositions, papers and the
transcripts, if any, of the testimonial evidence If the demurrer is denied, the defendant shall
presented before him. have the right to present his evidence. [Sec.
[Sec. 9, Rule 32] 1, Rule 33]
Notice and objections The order denying the demurrer to evidence

Upon the filing of the report, the parties shall be shall not be the subject of an appeal or petition
1. Notified by the clerk; and for certiorari, prohibition or mandamus before
2. Allowed 10 calendar days within which to judgment. [Sec. 2, Rule 33]
object to the findings of the report, if they
so desire Note: The remedy then is to proceed to trial,
[Sec. 10, Rule 32] and if the defendant loses, to appeal the
judgment and include in the assigned errors,
Note: The objections based upon grounds the denial of the demurrer to evidence.
which were available to the parties during the
proceedings before the commissioner, other c. Effect of Grant
than objections to the findings and conclusions,
shall not be considered by the court unless If the demurrer is granted, the case shall be
they were made before the commissioner. dismissed. [Sec. 1, Rule 33]
[Sec. 10, Rule 32]
Note: The grant of a demurrer is considered an
Hearing upon the report adjudication on the merits and the proper
Upon the expiration of the 10-day period to file remedy would be to appeal the judgment.
objections, the report shall be set for
hearing. After such hearing, the court shall The appellate court should not remand the
issue an order: case for further proceedings but should render
1. Adopting, modifying, or rejecting the report, judgment on the basis of the evidence
in whole or in part, or submitted by the plaintiff. [Consolidated Bank
2. Recommitting it with instructions, or and Trust Corp. v. Del Monte Motor Works,
3. Requiring the parties to present further Inc., G.R. No. 143338 (2005)]
evidence before the commissioner or the
court.
d. Waiver of Right to Present
[Sec. 11, Rule 32]
Evidence
16. DEMURRER TO EVIDENCE If the order granting the demurrer is
reversed on appeal, the defendant is deemed
Demurrer to evidence to have waived his right to present evidence.
After the plaintiff has completed the [Sec. 1, Rule 33; Republic v. Tuvera, G.R. No.
presentation of his evidence, the defendant 148246 (2007)]
may move for dismissal on the ground that
upon the facts and the law the plaintiff has e. Action on Demurrer to
shown no right to relief. [Sec. 1, Rule 33]
Evidence
a. Ground A demurrer to evidence shall be subject to the
provisions of Rule 15. [Sec. 2, Rule 33]
Insufficiency of evidence, that upon the facts
and the law the plaintiff has shown no right Being subject to the provisions of Rule 15, it
to relief. [Sec. 1, Rule 33] follows that a demurrer to evidence is
Page 109 of 525

considered an allowable litigious motion. Rule No appeal is

15 requires that there must be proof of service If the demurrer is
allowed when a
to the other party who shall have 5 calendar granted, the plaintiff
demurrer is granted
days to file an opposition. The court shall may appeal and if the
because the
then resolve the motion within 15 calendar dismissal is reversed,
dismissal is
days from the receipt of such opposition. the defendant is
deemed an
deemed to have
acquittal. [People v.
f. Distinguish: Demurrer to waived his right to
Tan, G.R. No.
Evidence in a Civil Case and present his evidence.
167526 (2010)]
Demurrer to Evidence in a It is the defendant
Criminal Case who invokes The court may, on
demurrer by moving its own initiative,
Demurrer in Demurrer in
for the dismissal of may dismiss the
CIVIL CASE CRIMINAL CASE
the case. action after giving
Anchored upon the the prosecution an
failure of the Predicated upon The court does not do opportunity to be
plaintiff to show that prosecution’s so on its own heard.
he is entitled to insufficiency of initiative.
relief, upon the facts evidence. [Sec. 23, [Riano 498, Criminal Procedure, 2016 Ed.]
and the law. [Sec. 1, Rule 119]
Rule 33]
17. JUDGMENTS AND FINAL
May be filed with or
without leave of ORDERS
court [Sec. 23, Rule
119] Judgments in general
The final ruling by a court of competent
If the defense filed
jurisdiction regarding the rights and obligations
the demurrer with
of the parties, or other matters submitted to it
leave of court, the in an action or proceeding. [Macahilig v. Heirs
defense may of Magalit, G.R. No. 141423 (2000)]
present evidence
upon denial of Requisites of a valid judgment
demurrer. 1. Court or tribunal must be clothed with
authority to hear and determine the matter
If the demurrer is When without before it. [Acosta v. COMELEC, G.R. No.
denied, the defendant leave of court and 131488 (1998)]
does not lose his right the demurrer is 2. Court must have jurisdiction over the
to present his denied, the defense parties and the subject matter
evidence. is deemed to have 3. Parties must have been given an
opportunity to adduce evidence on their
waived the right to
behalf. [Acosta v. COMELEC, G.R. No.
present evidence
131488 (1998)]
and thus submits 4. Evidence must have been considered by
the case for the tribunal in deciding the case. [Acosta v.
judgment on the COMELEC, G.R. No. 131488 (1998)]
basis of evidence 5. Judgment must be in writing, personally
offered by the and directly prepared by the judge. [Corpus
prosecution. v. Sandiganbayan, G.R. No. 162214
(2004)]
Page 110 of 525

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)]
Page 111 of 525

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.
c. Judgment on The Pleadings d. Summary Judgments
When a judgment on the pleadings may be Definition

availed of A judgment which a court may render before
The court may, motu proprio or on motion of trial, but after both parties have pleaded
that party, direct judgment on such pleading upon application by one party supported by
when the answer: affidavits, depositions, or other documents,
a. Fails to tender an issue, or with notice upon the adverse party who may file
b. Admits the material allegations of the an opposition supported also by affidavits,
adverse party’s pleading. [Sec. 1 and 2, depositions or other documents, should the
Rule 34] court find after summarily hearing both parties
with their respective proofs that there exists
Note: The concept will not apply when no no genuine issue between them. [2 Herrera
answer is filed. It will come into operation when 118, 2007 Ed., citing Evangelista v. Mercator
an answer is served and filed but the same fails Financing Corporation, G.R. No. 148864
to tender an issue, or admits the material (2003)]
allegations of the adverse party’s pleading. [1
Riano 609, 2014 Bantam Ed.] When no answer Summary Judgment is proper when it
is filed, the remedy is to move that the appears to the court that
defendant be declared in default. [Sec. 3, Rule a. There exists no genuine issue as to any
9] material fact, except as to the amount of
damages, and
When availed of by motion of a party b. The moving party is entitled to judgment
The motion shall be subject to the provisions of as a matter of law.
Rule 15. [Sec. 2, Rule 34]
Genuine issue - an issue of fact which calls for
the presentation of evidence as distinguished
Page 112 of 525

from a sham, fictitious, contrived, or false claim b. Depositions

[Philippine Bank of Communications v. Go, c. Admissions
G.R. No. 175514 (2011)] [Secs. 1-2, Rule 35]
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
Page 113 of 525

Affidavits in bad faith [Sec. 6, Rule 35] – i. Contents of a Judgment

those presented under this Rule which appear
to the court at any time as presented in bad Form of judgment or final order determining
faith or solely for the purpose of delay. the merits of the case
a. In writing,
Effect of affidavits in bad faith b. Personally and directly prepared by the
The court: judge,
1. Shall order the offending party or counsel c. Stating clearly & distinctly the facts and the
to pay the other party the amount of law on which it is based,
reasonable expenses which the filing of the d. Signed by the judge, and
affidavits caused him to incur; and e. Filed with the clerk of court.
2. May, after hearing, adjudge the offending [Sec. 1, Rule 36]
party or counsel guilty of contempt. [Sec. 6,
Rule 35] Parts of a judgment
a. The opinion of the court – contains the
e. Distinguish: Judgment on the findings of fact and conclusions of law
Pleadings and Summary b. The disposition of the case – the final and
Judgments actual disposition of the rights litigated (the
dispositive part)
c. Signature of the judge
Summary Judgment on the
[2 Herrera 155, 2007 Ed.]
judgment pleadings
[Rule 35] [Rule 34] Parts of a decision
Absence of a factual In general, the essential parts of a good
Involves an issue, issue in the case decision consist of the following:
but the issue is not because the answer a. Statement of the case,
genuine. tenders no issue at b. Statement of facts,
all. c. Issues or assignment of errors,
Motion for summary d. Court ruling, in which each issue is, as a
Motion for judgment rule, separately considered and resolved,
judgment may be
on the pleadings is and
filed by either the
filed by a claiming e. Dispositive portion.
claiming or the
party like a plaintiff or
defending party.
a counterclaimant. The ponente may also opt to include an
[Secs. 1-2]
[Sec. 1] introduction or a prologue as well as an
epilogue, especially in cases in which
May be ordered controversial or novel issues are involved.
May be ordered motu
motu proprio by the [Velarde v. Social Justice Society, G.R. No.
proprio by the court.
court. [Sec. 10, Rule 159357 (2004)]
[Sec. 10, Rule 18]
18]
Based on the Distinction between judgment and the
Based on the opinion of the court
pleadings, affidavits,
pleadings alone a. Judgment of the court
depositions and
[Sec. 1] b. Opinion of the court - The informal
admissions [Sec. 3]
expression of the views of the court and
[1 Riano 614-615, 2014 Bantam Ed.]
cannot prevail against its final order or
decision. They are not the judgment itself.
Note: While the two may be combined in
one instrument, the opinion forms no part
of the judgment.
Page 114 of 525

c. Findings and conclusion of a court - Period for rendition

While they may constitute its decision and a. All cases filed must be decided or resolved
amount to a rendition of a judgment, they by the Supreme Court within 24 months
are not the judgment itself. They amount to from the date of their submission for
nothing more than an order for judgment, decision.
which, of course, must be distinguished b. Unless reduced by the SC, within 12
from the judgment. months for lower collegiate courts and
[Casilan v. Salcedo, G.R. No. L-23247 (1969), within 3 months for all other lower courts.
citing 1 Freeman on Judgments 6, 5th Ed.] [Sec. 15, Art. VIII, Constitution,]
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
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
Page 115 of 525

c. Certification that such judgment or final Amended/clarified Supplemental

order has become final and executory. judgment decision
[Sec. 2, Rule 36] An entirely new Does not take the
decision and place of or extinguish
Final judgment rule supersedes the the original
General rule: Once a decision or order
original judgment. judgment.
becomes final and executory, it is removed
from the power or jurisdiction of the court which Court makes a
rendered it to further alter or amend it. [Siliman thorough study of
University v. Fontelo-Paalan, G.R. No. 170948 the original judgment
(2007)] and renders the
amended and Serves to add to the
Under the doctrine of immutability of clarified judgment original judgment.
judgments, a judgment that has attained only after
finality can no longer be disturbed. The reason considering all the
is two-fold: factual and legal
a. To avoid delay in the administration of issues.
justice, and to make orderly the discharge
[1 Regalado 418, 2010 Ed.]
of judicial business; and
b. To put an end to judicial controversies at
the expense of occasional errors. 18. POST-JUDGMENT
[1 Riano 538-539, 2011 Ed.] REMEDIES
Exceptions: Remedies before finality of judgment
a. Correction of clerical errors [Filipinas
1. Motion for new trial [Rule 37]
Palmoil Processing, Inc. v. Dejapa, G.R.
2. Motion for reconsideration [Rule 37]
No. 167332 (2011)]
3. Appeal [Rules 40-45]
b. Nunc pro tunc entries [Filipinas Palmoil
[1 Riano 60, 2011 Ed.]
Processing, Inc. v. Dejapa, G.R. No.
167332 (2011)]
c. Whenever circumstances transpire after
a. Motion for New Trial or
finality of the decision, rendering its Reconsideration
execution unjust and inequitable [Apo
Fruits Corp. v. Land Bank of the Phils., Note: The motion for reconsideration (MR)
G.R. No. 164195 (2010)] under Rule 37 is directed against a judgment
d. In cases of special and exceptional nature, or final order. It does not refer to one for
when it is necessary in the interest of interlocutory orders, which often precedes a
justice to direct modification in order to petition for certiorari under Rule 65. [1 Riano
harmonize the disposition with the 558, 2011 Ed.]
prevailing circumstances [Industrial Timber
Corp. v. Ababon, G.R. No.164518 (2006)] These motions are prohibited in cases covered
e. In case of void judgments [FGU Insurance by the Rule on Summary Procedure [Sec. 19]
v. RTC Makati, G.R. No. 161282 (2011)] and those falling under the Rules of Procedure
f. Where there is a strong showing that a on Small Claims Cases [Sec. 16].
grave injustice would result from an
application of the Rules [Almuete v. MNT MR
People, G.R. No. 179611 (2013)] 1. Fraud,
1. Damages
g. When there are grounds for annulment of Grounds accident,
awarded
judgment or petition for relief [Gochan v. [Sec. 1, mistake,
are
Mancao, G.R. No. 182314 (2013)] Rule 37] or
excessive
excusable
Page 116 of 525

negligence 2. That the (b) By reason of which such aggrieved

(FAME) evidence is party has probably been impaired in his
2. Newly insufficient rights.
discovered to justify 2. Newly discovered evidence
evidence the (a) It was discovered after the trial, or
(b) It could not have been discovered and
decision or
produced at the trial even with the
final order
exercise of reasonable diligence; and
3. That the (c) The evidence is of such weight that if
decision or admitted, would probably alter the
final order result of the action; and
is contrary (d) It must be material and not merely
to law collateral, cumulative, or
A 2nd MNT corroborative.
A 2nd MR of a
may be [Sec. 1, Rule 37]
judgment or
allowed if
final order is [FAME]
Second based on a
not allowed. Ground Definition
MNT/MR ground not
Note: This The fraud must be extrinsic.
[Sec. 5, existing or
prohibition • Any fraudulent scheme
Rule 37] available when
does not apply executed outside of the
the 1st MNT
to interlocutory trial by the prevailing party
was made.
orders. against the losing party,
The original who, because of such
Fraud
judgment or fraud, is prevented from
final order presenting his side of the
shall be The court may case, or judgment was
vacated, and amend the procured without fair
the action shall judgment or submission of the
stand for trial final order controversy.
Effect if de novo; but accordingly if It may either be a mistake of
granted the recorded the ground fact or mistake of law made in
Mistake
evidence shall relied upon good faith by the defendant
be used in the prevails. who was misled in the case.
new trial [Sec. 3, Rule It must be one that is imputable
without 37] to the party.
retaking the
same. [Sec. 6, Excusable Note: The negligence of
Rule 37] negligence counsel is binding on the client
except if it was so great as to
i. Grounds prejudice the client and prevent
fair presentation of the case.
Grounds for Motion for New Trial (MNT) [1 Regalado, 2010 Ed.]
One or more of the following causes materially
affecting the substantial rights of said party: Note: A motion for reopening the trial is
1. Fraud, accident, mistake or excusable different from a motion for new trial—the
negligence (FAME) latter can only be done after promulgation of
(a) Ordinary prudence could not have judgment whereas the former may properly be
guarded against, and presented after either or both parties have
Page 117 of 525

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
Page 118 of 525

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
Page 119 of 525

so provided by statute. [Yu vs Samson- An appeal may be taken from a judgment or

Tatad, 642 SCRA 421 (2011)] final order that completely disposes of the
c. As a rule, the perfection of an appeal in the case, or of a particular matter therein when
manner and within the period prescribed by declared by the ROC to be appealable [Sec. 1,
law is not only mandatory, but Rule 41]
jurisdictional. A failure to comply with the
rules of appeal will render the judgment Note: Not every judgment or final order is
final and executory. [Landbank of the appealable. An example of judgments or final
Philippines vs CA, G.R. No. 221636 orders which do not completely dispose of a
(2016)] case and are, hence, not appealable are
several and separate judgments provided for
Appeal vs. Action to review under Secs. 4 and 5 of Rule 36.
An appeal is different from an action to review.
In an appeal, the court by which the first ii. Matters Not Appealable
determination was made is not a party to the
proceeding for review whereas in an action for 1. An order denying a petition for relief or any
review, the court which made the similar motion seeking relief from
determination is a party to the proceeding for judgment;
review [1 Regalado 556, 2010 Ed.] 2. An interlocutory order;
3. An order disallowing or dismissing an
Harmless error rule in appellate decisions appeal;
No error in either the admission or the 4. An order denying a motion to set aside a
exclusion of evidence and no error or defect in judgment by consent, confession or
any ruling or order or in anything done or compromise on the ground of fraud,
omitted by the trial court or by any of the parties mistake or duress, or any other ground
is ground for granting a new trial or for vitiating consent;
setting aside, modifying, or otherwise 5. An order of execution;
disturbing a judgment or order, unless 6. A judgment or final order for or against one
refusal to take such action appears to the court or more of several parties or in separate
inconsistent with substantial justice. [Sec. 6, claims, counterclaims, cross-claims and
Rule 51] third-party complaints, while the main case
is pending, unless the court allows an
The court at every stage of the proceeding appeal therefrom; and
must disregard any error or defect which 7. An order dismissing an action without
does not affect the substantial rights of the prejudice.
parties. [Sec. 6, Rule 51] [Sec. 1, Rule 41, as amended by A.M. No. 07-
7-12-SC]
We have likewise followed the harmless error
rule in our jurisdiction. In dealing with Final order v. Interlocutory order
evidence improperly admitted in trial, we Final Order Interlocutory Order
examine its damaging quality and its impact to One that finally One that determines
the substantive rights of the litigant. If the disposes of a case, incidental matters
impact is slight and insignificant, we disregard leaving nothing more that does not touch
the error as it will not overcome the weight of
to be done by the on the merits of the
the properly admitted evidence against the
prejudiced party. [People v. Teehankee, G.R. Court in respect case or put an end to
Nos. 111206-08 (1995)] thereto. the proceedings.
[Investments, Inc. v. [Silverio Jr. v.
i. Judgments and Final Orders CA, G.R. No. L- Filipino Business
Subject to Appeal 60036 (1987)] Consultants, Inc.,
Page 120 of 525

G.R. No. 143312 4. Petition for review on certiorari – Rule 45

(2005)]
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)]
Effect of an appeal from an interlocutory

order
If an order appealed from is interlocutory, the
appellate court can dismiss the appeal even if
the appellee did not file any objection. [1
Regalado 552, 2010 Ed.]
iii. Remedy Against Judgments and

Orders Which Are Not Appealable
In those instances where the judgment or final

order is not appealable, the aggrieved party
may file the appropriate special civil action
under Rule 65. [Sec. 1, Rule 41]
iv. Modes of Appeal
1. Ordinary appeal – Rule 40 and 41

a. Notice of appeal
b. Record on appeal
2. Petition for review – Rule 42
3. Appeal from quasi-judicial agencies (QJAs)
to the CA – Rule 43
Page 121 of 525

Modes of Appeal
Ordinary Petition for Appeals from Petition for Review

Appeal Review QJAs to the CA by Certiorari
Rule Rule 41 Rule 42 Rule 43 Rule 45
Case where only
Awards, judgments, questions of law are
final orders or raised or involved.
resolutions of or [Sec. 2(c), Rule 41]
Case decided authorized by any
Case decided
by RTC in QJA in the exercise Appeal by certiorari
by RTC in
exercise of of its quasi-judicial from a judgment or
exercise of
appellate functions. [Sec. 1] final order or
original
jurisdiction. resolution of the CA,
jurisdiction.
[Sec. 2(b), Rule EXCEPT: the Sandiganbayan,
[Sec. 2(a)]
41] Judgments or final the RTC or other
orders issued under courts whenever
the Labor Code. authorized by law.
[Sec. 2] [Sec. 1]
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]
Page 122 of 525

[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]
v. Issues to Be Raised on Appeal 5. That is a plain clerical error,

6. Of which consideration is necessary to
Issues arrive at a just decision and complete
Issues that have not been raised before the resolution of the case or serve the interests
lower courts cannot be raised on the first time of justice, or
on appeal. [Spouses Erorita vs Spouses 7. Raised in the trial court and are matters of
Dumlao, G.R. No. 195477 (2016)] record having such bearing on the issue
submitted which the parties failed to raise
Errors or which the lower court.
General Rule: The appellate court shall [1 Riano 529-530, 2016 Ed.]
consider no error unless stated in the
assignment of errors. [Sec. 8, Rule 51] The appellate court has no jurisdiction to
review a judgment which is immediately final
Exceptions: The court may consider an error and executory by express provision of law.
not raised on appeal provided that it is an error: [Republic v. Bermudez-Lorino, G.R. No.
1. That affects the jurisdiction over the subject 160258 (2005)]
matter,
2. That affects validity of the judgment vi. Period of Appeal
appealed from,
3. Which affects the validity of the The fresh period rule shall apply to:
proceedings, 1. Rule 40 governing appeals from the MTCs
4. That is closely related to or dependent to to the RTCs
an assigned error, and properly argued in 2. Rule 41 governing appeals from the RTCs
brief, to CA
Page 123 of 525

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.]
Dismissal, Reinstatement, And Withdrawal Withdrawal of appeal

of Appeal 1. An appeal may be withdrawn as a matter
of right at any time before the filing of the
appellee’s brief.
Grounds for dismissal of appeal
2. Thereafter, the withdrawal may be allowed
1. Failure of the record on appeal to show on
in the discretion of the court.
its face that the appeal was taken within the [Sec. 3, Rule 50]
period fixed by the ROC
2. Failure to file the notice of appeal or the
Dismissal by the SC
record on appeal within the period The appeal may be dismissed motu proprio or
prescribed by the ROC on motion of the respondent on the following
3. Failure of the appellant to pay the docket grounds:
and other lawful fees as provided in Sec. 4, 1. Failure to take the appeal within the
Rule 41 reglementary period
4. Unauthorized alterations, omissions or
2. Lack of merit in the petition
additions in the approved record on appeal
3. Failure to pay the requisite docket fee and
as provided in Sec. 4 of Rule 44 other lawful fees or to make a deposit for
5. Failure of the appellant to serve and file the
costs
required number of copies of his brief or
Page 124 of 525

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
Page 125 of 525

How taken Two Scenarios

By notice of appeal 1. If an appeal is taken from an order of the
1. File a notice of appeal with the trial court lower court dismissing the case without
that rendered the judgment or final order a trial on the merits
appealed from a. The RTC may affirm or reverse it, as
• indicating the parties to the appeal, the the case may be
judgment or final order or part thereof b. In case of affirmance and the ground
appealed from, and state the material of dismissal is lack of jurisdiction
dates showing the timeliness of the over the subject matter, the RTC, if it
appeal. has jurisdiction thereover, shall try the
2. Copies of the notice of appeal shall be case on the merits as if the case was
served on the adverse party. originally filed with it
[Sec. 3, Rule 40] c. In case of reversal, the case shall be
3. Pay to the COC which rendered the remanded for further proceedings
judgment or final order appealed from the 2. If the case was tried on the merits by the
full amount of the appellate court docket lower court without jurisdiction over the
and other lawful fees. [Sec. 5, Rule 40] subject matter, the RTC on appeal shall
not dismiss the case if it has original
By record on appeal jurisdiction thereof, but shall decide the
1. File a notice of appeal [Sec. 2, Rule 41] case in accordance with Sec. 7, Rule 40,
following the steps above. without prejudice to the admission of
2. The form and contents of the record on amended pleadings and additional
appeal shall be as provided in Sec. 6, Rule evidence in the interest of justice
41. (see appeals from judgments or final [Sec. 8, Rule 40]
orders of the RTC)
3. Copies of the notice of appeal, and the Applicability of Rule 41
record on appeal where required, shall be The other provisions of Rule 41 shall apply to
served on the adverse party. appeals provided for herein insofar as they are
[Sec. 3, Rule 40] not inconsistent with or may serve to
4. Pay to the COC which rendered the supplement the provisions of Rule 40. [Sec. 9,
judgment or final order appealed from the Rule 40]
full amount of the appellate court docket
and other lawful fees. [Sec. 5, Rule 40] ix. Appeal from Judgments or Final
Orders of The Regional Trial
Note: Record on appeal shall be required only Courts
in:
1. Special proceedings RULE 41
2. In such other cases of multiple or separate Appeal from the RTC to the CA via Rule 41
appeals presupposes that
[Sec. 2, Rule 41] 1. The RTC rendered the judgment or final
order in the civil action or special
Perfection of appeal proceeding in the exercise of its original
The perfection of the appeal and the effect jurisdiction; and
thereof shall be governed by the provisions of 2. That the appeal is taken to the CA on:
Sec. 9, Rule 41. [Sec. 4, Rule 40] a. Questions of fact or
b. Mixed questions of fact and law
See appeals from judgments or final orders of [1 Regalado 555, 2010 Ed.]
the RTC.
Appeal from order dismissing a case

without trial; lack of jurisdiction
Page 126 of 525

NOTICE OF APPEAL If an issue of fact is to be raised on appeal,

Contents the record on appeal shall include by
1. Parties to the appeal reference all the evidence taken upon the issue
2. Judgment or final order or part thereof involved.
appealed from 1. The reference shall specify the
3. Court to which the appeal is being taken, a. Documentary evidence by the exhibit
and numbers or letters by which it was
4. Material dates showing the timeliness of identified when admitted or offered at
the appeal the hearing, and
[Sec. 5, Rule 41] b. Testimonial evidence by the names of
the corresponding witnesses
RECORD ON APPEAL 2. If the whole testimonial and documentary
General Rule: No record on appeal shall be evidence in the case is to be included, a
required statement to that effect will be sufficient
without mentioning the names of the
Exception: In special proceedings and other witnesses or the numbers or letters of
cases of multiple or separate appeals where exhibits.
the law or the ROC so require. 3. Every record on appeal exceeding 20
• In such cases, the record on appeal shall pages must contain a subject index.
be filed and served in like manner. [Sec. [Sec. 6, Rule 41]
2(a), Rule 41]
Approval of the record on appeal
Contents of the record on appeal 1. Upon the filing of the record on appeal for
1. Full names of all the parties to the approval and if no objection is filed by the
proceedings shall be stated in the caption appellee within 5 days from receipt of a
of the record on appeal copy thereof, the trial court may:
2. The judgment or final order from which the a. Approve it as presented or upon its
appeal is taken and, own motion, or
3. In chronological order, copies of only such b. At the instance of the appellee, may
pleadings, petitions, motions and all direct its amendment
interlocutory orders as are related to the • by the inclusion of any omitted
appealed judgment or final order for the matters which are deemed
proper understanding of the issue involved, essential to the determination of
4. Together with such data as will show that the issue of law or fact involved in
the appeal was perfected on time. the appeal.
[Sec. 6, Rule 41] 2. If the trial court orders the amendment
of the record, the appellant, within the time
Note: The requirement that the record on limited in the order, or such extension
appeal must show on its face that the thereof as may be granted, or if no time is
appeal was perfected on time is mandatory fixed by the order within 10 days from
and jurisdictional that if not complied with, the receipt thereof, shall:
appeal must be dismissed. [1 Regalado 563, a. Redraft the record by including therein,
2010 Ed.] in their proper chronological sequence,
such additional matters as the court
Exception: If the trial court issued an order to may have directed him to incorporate,
the effect that the appeal was seasonably and
perfected with the filing of the notice of appeal b. Submit the redrafted record for
and the record on appeal within the approval, upon notice to the appellee,
reglementary period. [Pimentel v. CA, G.R. No. in like manner as the original draft.
L-39684 (1975)] [Sec. 7, Rule 41]
Page 127 of 525

Joint record on appeal [Berkenkotter v. CA, G.R. No. L-36629 (1973)]

Where both parties are appellants, they may Conversely, dismissal constitutes a denial of
file a joint record on appeal within 30 days from the extension prayed for, in which case the only
notice of judgment or final order, or that fixed question that can arise is whether the trial court
by the court. [Secs. 3 and 8, Rule 41] had gravely abused its discretion in denying
such extension. [PVTA v. Delos Angeles, G.R.
Period to appeal No. L-29736, (1974)]
1. Within 15 days from notice of judgment or
final order appealed from Pleadings to be filed
2. Within 30 days from notice of judgment or 1. Appellant’s brief
final order where a record on appeal is 2. Appellee's brief
required 3. Appellant’s reply brief
3. Within 48 hours from notice of judgment or
final order appealed from in habeas corpus Appellant’s brief
cases It shall be the duty of the appellant to file with
[Sec. 3, Rule 41] the court, within 45 days from receipt of the
notice of the clerk that all the evidence, oral and
Note: If a MNT/MR was properly filed but the documentary, are attached to the record, 7
motion was ultimately dismissed, a fresh copies of his legibly typewritten,
period of 15 days within which to file the notice mimeographed or printed brief, with proof of
of appeal in the RTC, counted from receipt of service of 2 copies thereof upon the appellee.
the order dismissing the motion is granted. [Sec. 7, Rule 44]
[Neypes v. CA, G.R. No. 141524 (2005)]
Note: Under Sec. 5(b) of the Efficient Use of
Reckoning point of reglementary period Paper Rule [A.M. 11-9-4-SC], file one original
Period for filing the appeal should be (properly marked) and 2 copies with their
counted from the date when the party’s counsel annexes with the CA.
received a copy of the judgment or final order
because that is the effective service of the Grounds for dismissal with respect to
decision. When a party is represented by appellant’s brief:
counsel, service of process must be made on 1. Failure of the appellant to serve and file the
counsel, not on the party. [Fajardo v. CA, G.R. required number of copies of his brief within
No. 140356 (2001); Sec. 2, Rule 13] the time provided by the ROC, or
2. Absence of specific assignment of errors in
Note: The mere filing and pendency of motion the appellant’s brief.
for extension to perfect appeal does not [Sec. 1(e)-(f), Rule 50]
suspend the running of the reglementary
period. [King v. Corro, G.R. No. L-23617 Contents
(1967)] 1. Subject index
2. Assignment of errors
Extension of period to appeal 3. Statement of the Case
The period to appeal may be extended but 4. Statement of Facts
such extension is addressed to the sound 5. Statement of issues
discretion of the court. [Gregorio v. CA, G.R. 6. Arguments
No. L-43511 (1976)] 7. Relief
8. Copy of judgment or final order appealed
Note: If the trial court approves the record from [Sec. 13, Rule 44]
on appeal even if the period for the appeal
has expired, this is tantamount to a valid order Appellee’s brief
granting the extension prayed for by the Within 45 days from receipt of the appellant’s
appellant if any such motion has been filed brief, the appellee shall file with the court 7
Page 128 of 525

copies of his legibly typewritten, Perfection of appeal

mimeographed or printed brief, with proof of 1. A party’s appeal by notice of appeal is
service of 2 copies thereof upon the appellant. deemed perfected as to him upon the filing
[Sec. 8, Rule 44] of the notice of appeal in due time.
Note: Under Sec. 5(b) of the Efficient Use of 2. A party’s appeal by record on appeal is
Paper Rule [A.M. 11-9-4-SC], file one original deemed perfected as to him with respect to
(properly marked) and 2 copies with their the subject matter thereof upon the
annexes with the CA. approval of the record on appeal filed in
due time.
Contents [Sec. 9, Rule 41]
1. Subject index
2. Statement of Facts or Counter-Statement Note: An appellant who fails to perfect his
of Facts appeal on time due to FAME may file for a
3. Argument petition for relief under Sec. 2, Rule 38. If his
[Sec. 14, Rule 44] petition for relief is denied, he can file a petition
under Rule 65, since the denial of a petition for
Appellant’s reply brief relief is no longer appealable under Sec. 1 of
Within 20 days from receipt of the appellee’s Rule 41 [De Luna v. Palacio, G.R. No. L-26927
brief, the appellant may file a reply brief (1969)]
answering points in the appellee’s brief not
covered in his main brief. [Sec. 9, Rule 44] Effect of perfected appeal
1. In appeals by notice of appeal, the court
Extension of time for filing briefs: loses jurisdiction over the case upon the
General rule: Not allowed perfection of the appeals filed in due time
and the expiration of the time to appeal of
Exception: Good and sufficient cause, and the other parties.
only if the motion for extension is filed before 2. In appeals by record on appeal, the court
the expiration of the time sought to be loses jurisdiction only over the subject
extended. matter thereof upon the approval of the
[Sec. 12, Rule 44] records on appeal filed in due time and the
expiration of the time to appeal of the other
Payment of docket fees parties.
1. Within the period for taking an appeal, the [Sec. 9, Rule 41]
appellant shall pay to the clerk of the
court which rendered the judgment or final Residual powers/jurisdiction of the RTC
order appealed from, the full amount of the In either case, prior to the transmittal of the
appellate court docket and other lawful original record or the record on appeal, the
fees. court may
2. Proof of payment of said fees shall be 1. Issue orders for the protection and
transmitted to the appellate court together preservation of the rights of the parties
with the original record or the record on which do not involve any matter litigated by
appeal. the appeal
[Sec. 4, Rule 41] 2. Approve compromises
3. Permit appeals of indigent litigants
Note: Payment of docket fees in full is 4. Order execution pending appeal in
mandatory and is a condition sine qua non accordance with Sec. 2 of Rule 39, and
for the perfection of an appeal. Subsequent 5. Allow withdrawal of the appeal
payment of appellate docket fees does not cure [Sec. 9, Rule 41]
the defect of the appeal because payment is a
jurisdictional requirement. [Santander v Note: There is no residual jurisdiction to speak
Villanueva, G.R. No. L-6184 (1958)] of where no appeal or petition has even been
Page 129 of 525

filed. [Fernandez v. CA, G.R. No. 131094 RULE 42

(2005)] Petition for review from the RTC to the CA
Appeal via Rule 42 is proper when one appeals
Duty of clerk upon perfection of appeal from a decision of the RTC in the exercise of its
1. Within 30 days after perfection of all the appellate jurisdiction. It may be taken on
appeals in accordance with the preceding either questions of fact, questions of law, or on
section, it shall be the duty of the COC of mixed questions of fact and law. [Macawiwili
the lower court: Gold Mining and Development Co., Inc. v. CA,
a. To verify the correctness of the original G.R. No. 115104 (1998)]
record or the record on appeal and to
make a certification of its correctness, This mode of appeal is not a matter of right
b. To verify the completeness of the but is a matter of discretion on the part of the
records that will be transmitted to the CA, on whether or not to entertain the appeal
appellate court, [1 Regalado 581, 2010 Ed.]
c. If found to be incomplete, to take such
measures as may be required to Note: Since Rule 42 is a petition for the
complete the records, availing of the purpose of appeal and not petitions in original
authority that he or the court may actions, lower courts/judges that rendered
exercise for this purpose; and the judgment complained of are not
d. To transmit the records to the appellate impleaded as parties in the appeal. [1
court Regalado 579, 2010 Ed.]
2. If the efforts to complete the records fail, he
shall indicate in his letter of transmittal How taken
the exhibits or transcripts not included in If a party desires to appeal from a decision of
the records being transmitted to the the RTC in its appellate jurisdiction:
appellate court, the reasons for their non- 1. File a verified petition for review with the
transmittal, and the steps taken or that CA
could be taken to have them available. a. Within 15 days from notice of judgment
3. The COC shall furnish the parties with or final order, or
copies of his letter of transmittal of the b. Within 15 days from notice of denial of
records to the appellate court. petitioner’s MNT or MR
[Sec. 10, Rule 41] 2. Pay at the same time to the clerk of the CA
the corresponding docket and other
Note: Even if the appeal has already been lawful fees,
perfected but the records have not yet been 3. Deposit PHP 500.00 for costs, and
transmitted to the appellate court, the trial 4. Furnish the RTC and the adverse party with
court still has jurisdiction to set aside its order a copy of the petition.
approving the record on appeal. [Cabungcal v. [Sec. 1, Rule 42]
Fernandez, G.R. No. L-16520 (1964)]
Period to appeal
Dismissal of appeal The petition shall be filed and served within 15
Prior to the transmittal of the original record or days from notice of the decision sought to be
the record on appeal to the appellate court, the reviewed or of the denial of the petitioner's
trial court may motu proprio or on motion MNT or MR filed in due time after judgment.
dismiss the appeal for: [Sec. 1, Rule 42]
1. Having been taken out of time, or
2. Non-payment of the docket and other Extension of period
lawful fees within the reglementary period. Upon proper motion and the payment of the
[Sec. 13, Rule 41] full amount of the docket and other lawful fees
and the deposit for costs before the
expiration of the reglementary period, the
Page 130 of 525

CA may grant an additional period of 15 days [Sec. 3, Rule 42]

only within which to file the petition for review.
No further extension shall be granted except Note: Failure to append the pleadings and
for the most compelling reason and in no case material portions of the record does not justify
to exceed 15 days. [Sec. 1, Rule 42] the outright dismissal of the petition. There is
substantial compliance when the pleadings
Form and contents were attached to the MR. [Mendoza v. David,
1. In 7 legible copies, with the original copy G.R. No. 147575 (2004)]
intended for the court being indicated as
such by the petitioner Perfection of appeal
• Note: Under Sec. 5(b) of the Efficient Appeal is deemed perfected as to petitioner
Use of Paper Rule [A.M. 11-9-4-SC], upon the
file one original (properly marked) and 1. Timely filing of the petition, and
2 copies with their annexes with the CA 2. Payment of the corresponding docket and
2. Full names of the parties to the case, lawful fees.
without impleading the lower courts or [Sec. 8(a), Rule 42]
judges thereof either as petitioners or
respondents Jurisdiction of the RTC
3. Specific material dates showing that it was 1. The RTC loses jurisdiction over the case
filed on time upon the perfection of the appeals filed in
4. A concise statement of the due time and the expiration of the time to
a. Matters involved appeal of the other parties.
b. Issues raised 2. However, before the CA gives due
c. Specification of errors of fact or law, or course to the petition, the RTC may:
both, allegedly committed by the RTC, a. Issue orders for the protection and
and preservation of the rights of the parties
d. Reasons or arguments relied upon for which do not involve any matter
the allowance of the appeal litigated by the appeal, approve corn-
5. Clearly legible duplicate originals or true promises
copies of the judgments or final orders of b. Permit appeals of indigent litigants
both lower courts, certified correct by the c. Order execution pending appeal in
COC of the RTC, accordance with Sec, 2 of Rule 39, and
6. The requisite number of plain copies d. Allow withdrawal of the appeal.
thereof and of the pleadings and [Sec. 8(a), Rule 42]
7. Other material portions of the record as
would support the allegations of the petition Note: The Doctrine of Residual Jurisdiction
8. Certification of non-forum shopping of the RTC, at item (2) above, applies as in
[Sec. 2, Rule 42] cases under Rule 42, except that the RTC must
exercise this jurisdiction before the CA gives
Effect of failure to comply due course to the petition. [Sec. 8(a), Rule 42]
Failure to comply with any of the following In contrast, the RTC must exercise residual
requirements shall be sufficient ground for jurisdiction in Rule 41 prior to transmittal of the
dismissal: original record or the record on appeal. [Sec. 9,
1. Payment of docket and other lawful fees Rule 41]
Note: In petitions for review under Rules
42, 43, and 45, the docket fee is paid in the Effect of appeal
appellate courts General rule: The appeal shall stay the
2. Deposit for costs judgment or final order.
3. Proof of service of petition
4. Contents of the documents which should Exceptions:
accompany the petition
Page 131 of 525

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,
Page 132 of 525

Grave abuse of discretion is not an May be directed

allowable ground under Rule 45. [Martires v. against an
CA, G.R. No. 78036-37 (1990)] interlocutory order
Involves the review of the court prior to
x. Appeal from Judgments or Final of the judgment, appeal from the
Orders of The Court of Appeals
award or final order judgment or where
on the merits there is no appeal or
Any alleged errors committed in the exercise
of its jurisdiction will amount to nothing more any other plain,
than errors of judgment which are reviewable speedy or adequate
by timely appeal and not by special civil action remedy
of certiorari. [Chuidian v. Sandiganbayan (Fifth May be filed not later
Division), G.R. No. 139941 (2001)]] than 60 days from
Must be made within
notice of the
As provided in Rule 45, decisions, final the reglementary
judgment, order or
orders or resolutions of the CA in any case, period for appeal
resolution sought to
i.e., regardless of the nature of the action or
be assailed
proceedings involved, may be appealed to the
SC by filing a petition for review, which would Unless a writ of
be but a continuation of the appellate process preliminary
over the original case. [Fortune Guarantee and Stays the judgment, injunction or a TRO
Insurance Corporation v. CA, G.R. No. 110701 award or order shall have been
(2002)] appealed from issued, does not
stay the challenged
Certiorari as mode of appeal and as special proceeding
civil action The parties are the
Appeal by
Certiorari as SCA aggrieved party
certiorari Petitioner and
[Rule 65] against the lower
[Rule 45] respondent are the
court or quasi-
Writ of certiorari original parties to
judicial agency and
issues for the the action, and the
the prevailing
correction of errors lower court or quasi-
parties, who thereby
Brings up for review, of jurisdiction only judicial agency is not
respectively become
errors of judgment or grave abuse of to be impleaded
the petitioner and
committed by the discretion amounting respondents
court. to lack or excess of
MR is a condition
jurisdiction. [Silverio precedent [Villa Rey
v. CA, G.R.No. L- Prior filing of a MR is
Transit v. Bello, G.R.
39861 (1986)] not required [Sec.
No. L-18957 (1963)],
Petition raises the 1]
subject to certain
issue as to whether exceptions.
Based on questions
the lower court acted
of law which the Appellate court is in Higher court
without or in
appellant desires the the exercise of its exercises original
excess of appellate jurisdiction under
appellant court to
jurisdiction or with jurisdiction and its power of control
resolve
grave abuse of
power of review and supervision
discretion [Regalado 543-544, over the proceedings
1977 Ed.] of lower courts
Page 133 of 525

[Regalado 543-544, Questions of law Questions of fact

1977 Ed.] Doubt as to the truth
Doubt as to what the or falsehood of facts,
law is on certain or as to probative
[2 Herrera 643-645, 2000 Ed.]
facts. value of the
evidence presented.
Procedure [Rule 45]
If the appellate court
File a verified petition for review on certiorari,
can determine the The determination
which may include an application for a writ of
preliminary injunction or other provisional issue without involves evaluation
remedies. [Sec. 1] reviewing or or review of
evaluating the evidence.
Proof of service of a copy thereof on the
evidence.
lower court concerned and on the adverse
party shall be submitted together with the Query involves the
petition. [Sec. 3] calibration of the
↓ whole evidence
Pay the corresponding docket and other considering mainly
lawful fees to the COC of the SC and deposit the credibility of
Can involve
the amount of ₱500.00 for costs at the time witnesses,
questions of
of the filing of the petition. [Sec. 3] existence, and
interpretation of law
↓ relevancy of specific
with respect to a
SC may dismiss or deny the petition [Sec. 5], surrounding
certain set of facts.
or give due course to it. [Sec. 8] circumstances and
↓ relation to each
If the petition is given due course, the SC other and the whole
may require the elevation of the complete probabilities of the
record of the case or specified parts thereof situation.
within 15 days from notice. [Sec. 8] [1 Regalado 609, 2010 Ed. citing Bernardo v.
CA, G.R. No. 101680 (1992), Pilar
Propriety as a mode of appeal Development Corp. v. IAC, G.R. No. 72283
A party desiring to appeal by certiorari from a (1986); Vda. de Arroyo v. El Beaterio del
judgment or final order or resolution of the Santissimo Rosario de Molo, G.R. No. L-22005
CA, the Sandiganbayan, the RTC or other (1968)]
courts whenever authorized by law, may file
with the SC a verified petition for review on Conclusiveness of findings of fact
certiorari. [Sec. 1, Rule 45] General rule: The SC is not a trier of facts,
and is not to review or calibrate the evidence
Only questions of law are allowed. on record. Moreover, findings of facts of trial
The petition shall raise only questions of law. court, as affirmed on appeal by the CA, are
[Sec. 1, Rule 45] conclusive on the court. [Boston Bank of the
Philippines v. Manalo, G.R. No. 158149 (2006)]
Whether an appeal involves only questions of
law or both questions of law and fact is best left Exceptions:
to the determination of an appellate court and CA’s findings of fact may be reviewed by
not by the court which rendered the decision the SC on appeal by certiorari when:
appealed from. [PNB v. Romillo, etc., et al., 1. Conclusion is a finding grounded entirely
G.R. No. L-70681 (1985)] on speculations, surmises or conjectures
[Joaquin v. Navarro, G.R. No. L-5426
(1953)]
Page 134 of 525

2. Inference made is manifestly mistaken, justifiable reasons grant an extension of 30

absurd or impossible [Luna v. Linatok, G.R. days only within which to file the petition. [Sec.
No. 48403 (1942)] 2, Rule 45]
3. There is grave abuse of discretion in the
appreciation of facts [Buyco v. People, Form and contents of petition
G.R. No. L-6327 (1954)] 1. In 7 legible copies, with the original copy
4. Judgment is based on a misapprehension intended for the court being indicated as
of facts [De la Cruz v. Sosing, G.R. No. L- such by the petitioner
4875 (1953)] a. Under Sec. 5(a) of the Efficient Use of
5. The CA’s findings of fact are conflicting Paper Rule [A.M. 11-9-4-SC], file one
[Casica v. Villaseca, G.R. No. L-9590 original (properly marked) and four
(1957)] copies, unless the case is referred to
6. The CA, in making its findings, went the SC en banc, in which event, the
beyond the issues of the case and the parties shall file ten additional copies
same is contrary to the admissions of both and simultaneously soft copies of the
appellant and appellee [Nakpil & Sons v. same and their annexes (the latter in
CA, G.R. No. L-47851 (1986)] PDF format) either by email to the SC’s
7. The CA manifestly overlooked certain e-mail address or by compact disc
relevant facts not disputed by the parties (CD)
and which, if properly considered, would 2. Full names of the parties to the case,
justify a different conclusion [Abellana v. without impleading the lower courts or
Dosdos, G.R. No. L-19498 (1965)] judges thereof either as petitioners or
8. The CA’s findings of fact are contrary to respondents;
those of the trial court, or are mere 3. Specific material dates showing that it was
conclusions without citation of specific filed on time;
evidence, or where the facts set forth by the 4. A concise statement of the
petitioner are not disputed by the a. Matters involved
respondent, or where the findings of fact of b. Issues raised
the CA are premised on absence of c. Specification of errors of fact or law, or
evidence but are contradicted by the both, allegedly committed by the rtc,
evidence of record. [Manlapaz v. CA, G.R. and
No. L-56589 (1987)] d. Reasons or arguments relied upon for
the allowance of the appeal
Period of appeal 5. Clearly legible duplicate originals or true
Within 15 days from notice of the copies of the judgments or final orders of
1. Judgment or final order or resolution both lower courts, certified correct by the
appealed from, or COC of the RTC,
2. Denial of the petitioner’s MNT or MR filed 6. Requisite number of plain copies thereof
in due time after notice of the judgment. and of the pleadings and other material
[Sec. 2, Rule 45] portions of the record as would support the
allegations of the petition
Note: The Neypes doctrine which gives a fresh 7. Certificate of non-forum shopping
15-day period to the appellant is also [Sec. 2, Rule 45]
applicable to Rule 45 petitions. [Neypes v. CA,
G.R. No. 141524 (2005) Grounds for denial of petition
The SC may dismiss the petition on motion or
Extension of period motu proprio upon showing:
On motion duly filed and served, with full a. Failure of petitioner to comply with
payment of the docket and other lawful fees 1. Payment of docket or other lawful fees
and the deposit for costs before the expiration 2. Deposit for costs
of the reglementary period, the SC may for 3. Proof of Service; and
Page 135 of 525

4. Contents of and documents which by petition for review on certiorari raising

would accompany the petition pure questions of law in accordance with Rule
b. Appeal is without merit 45 of the ROC. [Sec. 7, P.D. 1606, as
c. It is prosecuted manifestly for delay amended; and Sec. 1, Rule 45]
d. That the questions raised are so
unsubstantial as to require consideration. xii. Appeal from Judgments or Final
[Sec. 5, Rule 45] Orders of The Court of Tax
Appeals
Notes:
Although the lower court is not a party to the Mode of review
case, failure to present proof of service of The CTA is no longer a quasi-judicial
copies to the lower court and to the adverse agency under R.A. 9282, as of April 7, 2004.
party shall result in the outright dismissal of the The CTA is no longer covered by Rule 43.
appeal. This is because the service is for the
purpose of giving the lower court notice that its A party adversely affected by a decision or
judgment should not be entered since it is not ruling of the CTA en banc may file with the SC
yet executory due to the pending petition. [1 a verified petition for review on certiorari
Regalado 615-616, 2010 Ed.] under Rule 45. [Sec. 11, R.A. 9282 and A.M.
No. 07-7-12-SC]
Review is discretionary
A review is not a matter of right, but of sound xiii. Review of Final Judgments or
judicial discretion, and will be granted only Final Orders of The Commission
when there are special and important on Audit
reasons therefore.
Mode of review
The following are examples that may be A judgment or final order or resolution of the
considered by the court: Commission on Audit (COA) may be brought
1. When the court a quo has decided a by the aggrieved party to the SC on certiorari
question of substance, not theretofore under Rule 65, except as hereinafter provided.
determined by the SC, or has decided it in [Sec. 2, Rule 64]
a way probably not in accord with law or
with the applicable decisions of the SC, or Filing of the petition
2. When the court a quo has so far departed 1. The petition shall be filed within 30 days
from the accepted and usual course of from notice of the judgment or final order or
judicial proceedings, or so far sanctioned resolution sought to be reviewed.
such departure by a lower court, as to call 2. The filing of a MNT or MR of said judgment
for an exercise of the power of supervision or final order or resolution, if allowed under
[Sec. 6, Rule 45] the procedural rules of the Commission
concerned, shall interrupt the period
Elevation of records herein fixed.
If the petition is given due course, the SC may 3. If the motion is denied, the aggrieved party
require the elevation of the complete record of may file the petition within the remaining
the case or specified parts thereof within 15 period, but which shall not be less than 5
days from notice. [Sec. 8, Rule 45] days in any event, reckoned from notice of
denial.
xi. Appeal from Judgments or Final [Sec. 3, Rule 45]
Orders of The Sandiganbayan
Effect of filing
Mode of review The filing of a petition for certiorari shall not
Decisions and final orders of the stay the execution of the judgment or final
Sandiganbayan shall be appealable to the SC order or resolution sought to be reviewed,
Page 136 of 525

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
xv. Review of Final Judgments or Appeal from the NLRC

Final Orders of The Civil Service Appeal from quasi-judicial agencies under
Commission Rule 43 does not apply to judgments or final
orders issued under the Labor Code. [Sec. 2,
See Rule 43 on Review of QJAs below. Rule 43]
xvi. Review of Final Judgments or The remedy of a party aggrieved by the

Final Orders of The Ombudsman decision of the NLRC is to file a MR and, if
denied, file a special civil action for certiorari
Unappealable decisions under Rule 65 within 60 days from notice of
The following decisions are unappealable: the decision. In observance of the doctrine of
1. In administrative cases where respondent hierarchy of courts, this should be filed with the
is absolved of the charge CA. [St. Martin Funeral Homes v. NLRC, G.R.
2. In case of conviction, where penalty No. 130866 (1998)]
imposed is public censure or reprimand, or
suspension of not more than one month or From the CA, the remedy of the aggrieved
a fine equivalent to one month salary party is a petition for review by certiorari to
[Sec. 7, Rule III, Admin Order No. 7] the SC [Dongon v. Rapid Movers and
Forwarders, G.R. No. 163431 (2013)]
Jurisdiction of the CA
Appeals from decisions of the Office of the
Ombudsman in administrative disciplinary
Page 137 of 525

a. Review of Final Judgments or Final 3. Denial of petitioner’s MNT or MR duly filed

Orders of Quasi-judicial Agencies in accordance with the governing law of the
court or agency a quo.
Scope [Sec. 4, Rule 43]
Appeals from awards, judgments, final orders,
or resolutions of or authorized by any quasi- Extension of period
judicial agency (QJA) in the exercise of its Upon proper motion and the payment of the full
quasi-judicial functions. [Sec. 1, Rule 43] amount of the docket fee before the expiration
of the reglementary period, the CA may grant
A quasi-judicial agency or body is an organ an additional period of 15 days only within
of government other than a court and other which to file the petition for review. No further
than a legislature, which affects the rights of extension shall be granted except for the most
private parties though either adjudication or compelling reason and in no case to exceed 15
rule-making. [United Coconut Planters Bank v. days. [Sec. 4, Rule 43]
E. Ganzon, Inc., G.R. No. 168859 (2009)]
How taken
Quasi-judicial agencies covered by Rule 43: 1. File a verified petition for review in 7 legible
1. Civil Service Commission copies with the CA
2. Securities and Exchange Commission a. The original copy of the petition
3. Office of the President intended for the CA shall be indicated
4. Land Registration Authority as such by the petitioner.
5. Social Security Commission b. Under Sec. 5(b) of the Efficient Use of
6. Civil Aeronautics Board Paper Rule [A.M. 11-9-4-SC], file one
7. Bureau of Patents, Trademarks and original (properly marked) and 2 copies
Technology Transfer with their annexes with the CA
8. National Electrification Administration 2. Proof of service of a copy thereof on the
9. Energy Regulatory Board adverse party and on the court or agency a
10. National Telecommunications Commission quo.
11. Department of Agrarian Reform under RA 3. Upon the filing of the petition, pay to the
6657 COC of the CA the docketing and other
12. GSIS lawful fees and deposit PHP 500.00 for
13. Employees Compensation Commission costs.
14. Agricultural Inventions Board a. Exemption from payment of docketing
15. Insurance Commission and other lawful fees and the deposit
16. Philippine Atomic Energy Commission for costs may be granted by the CA
17. Board of Investment upon a verified motion setting forth
18. Construction Industry Arbitration valid grounds therefor.
Commission, and b. If the CA denies the motion, the
19. Voluntary arbitrators authorized by law petitioner shall pay the docketing and
other lawful fees and deposit for costs
Where to appeal within 15 days from notice of the denial.
Appeal may be taken to the CA on questions of [Sec. 5, Rule 43]
fact, of law, or mixed questions of fact and law.
[Sec. 3, Rule 43] Contents of petition
1. Full names of parties to the case, without
Period to appeal impleading the court or agencies
Within 15 days from 2. Concise statement of facts and issues
1. Notice of award, judgment, final order, or involved, and grounds relied upon for
resolution, or review
2. Date of its last publication, if publication is
required by law for its effectivity; or
Page 138 of 525

3. Clearly legible duplicate original or a 5. A copy thereof shall be served on the

certified true copy of award, judgment, final petitioner, and proof of such service shall
order, or resolution appealed from be filed with the CA.
4. Certified true copies of such material [Sec. 9, Rule 43]
portions of record referred to in the petition
and other supporting papers Due course
5. Certificate of non-forum shopping The CA may give due course to the petition
6. Statement of specific material dates 1. If upon
showing timeliness of appeal a. The filing of the comment or such other
[Sec. 6, Rule 43] pleadings or documents as may be
required or allowed by the CA or
Effect of failure to comply b. The expiration of the period for the filing
Failure to comply with the following is sufficient thereof, and
ground for the CA to dismiss the appeal: 2. On the basis of the petition or the records,
1. Payment of docket and lawful fees the CA finds prima facie that the court or
2. Deposit for costs agency concerned has committed
3. Proof of service of petition errors of fact or law that would warrant
4. Contents of petition reversal or modification of the award,
5. Documents which should accompany the judgment, final order or resolution sought
petition to be reviewed.
[Sec. 7, Rule 43] [Sec. 10, Rule 43]
Action on the petition The findings of fact of the court or agency

The CA may concerned, when supported by substantial
1. Require the respondent to file a Comment evidence, shall be binding on the CA. [Sec. 10,
within 10 days from notice, or Rule 43]
2. Dismiss the petition if CA finds the same to
be Transmittal of records
a. Patently without merit Within 15 days from notice that the petition has
b. Prosecuted manifestly for delay, or been given due course, the CA may require
c. Questions raised are too insubstantial the court or agency concerned to transmit the
to require consideration original or a legible certified true copy of the
[Sec. 8, Rule 43] entire record of the proceeding under review.
• The record to be transmitted may be
Contents of comment abridged by agreement of all parties to the
1. Filed within 10 days from notice in 7 legible proceeding.
copies • The CA may require or permit subsequent
a. Under Sec. 5(b) of the Efficient Use of correction of or addition to the record.
Paper Rule [A.M. 11-9-4-SC], file one [Sec. 11, Rule 43]
original (properly marked) and 2 copies
with their annexes with the CA Effect of appeal
2. Accompanied by clearly legible certified General rule: Appeal shall not stay the award,
true copies of such material portions of the judgment, final order or resolution sought to be
record referred to therein together with reviewed.
other supporting papers
3. Point out insufficiencies or inaccuracies in Exception: The CA shall direct otherwise upon
petitioner’s statement of facts and issues; such terms as it may deem just.
and [Sec. 12, Rule 43]
4. State the reasons why the petition should
be denied or dismissed. Submission for decision
If petition is given due course, the CA may
Page 139 of 525

a. Set the case for oral argument or

b. Require parties to submit memorandum
within 15 days from notice.
Upon filing of the last pleading or

memorandum required by the ROC or the CA,
case is deemed submitted for decision.
[Sec. 13, Rule 43]
Page 140 of 525

Comparative table on the modes of appeal

When Proper
RULE 40 RULE 41 RULE 42 RULE 43 RULE 45
ORDINARY APPEAL
Matter of Right; Filed with the court PETITIONS FOR REVIEW
of origin Discretionary; No records are elevated unless the court decrees it
All records are elevated from court of Filed with the appellate court
origin
Appeal from
Appeals to the SC from a
Appeal from a a decision of
judgment or final order or
judgment or final the RTC in
resolution of the CA,
order of a the exercise Appeals from
Sandiganbayan, RTC or
MTC/MeTC/MCTC of its original awards, judgments,
Appeal from a such other courts as may
jurisdiction final orders or
decision of the be authorized by law
resolution of or
RTC rendered in
authorized by any Decisions, final orders, or
the exercise of its
quasi-judicial resolutions of the CA in
appellate
Rule 41 provisions shall apply to agency in the any case, regardless of
jurisdiction
Rule 40 if not consistent with Rule 40 exercise of its quasi- the nature of the action or
provisions judicial functions proceedings involved,
may be appealed to the
SC by filing a petition for
review
Where to File
Filed with the
Filed with the MTC RTC Filed with the CA Filed with the CA Filed with the SC
Appeal to the RTC Appeal to the Appeal to the CA Appeal to the CA Appeal to the SC
CA
Questions of Questions of fact, Questions of fact,
Questions of fact or
fact or mixed questions of law, questions of law, or
mixed questions of Only questions of law
questions of or mixed mixed questions of
fact and law
fact and law questions of both fact and law
Time for Filing
Within 15 days from:
1. Notice of award,
judgment, final Within 15 days from:
BY NOTICE OF APPEAL
Within 15 days order, or 1. Notice of judgment,
Within 15 days after notice of
from notice of resolution; final order, or
judgment or final order
decision, or 2. Date of resolution appealed
Within 15 days publication, if from; or
BY RECORD ON APPEAL
from notice of publication is 2. Notice of denial of
Within 30 days from notice of
denial of required by law MNT or
judgment or final order by filing a
petitioner’s MNT for its effectivity; reconsideration filed
notice of appeal and a record on
or reconsideration or in due time after
appeal
3. Denial of notice of judgment
petitioner’s MNT
or MR
Page 141 of 525

Motion for new trial and petition for relief

c. Relief from Judgments, Orders, Motion for New
Petition for Relief
and Other Proceedings Trial
[Rule 38]
[Rule 37]
Remedies after finality of judgment Available after
Available before
1. Petition for Relief [Rule 38] judgment has
2. Action to Annul Judgment [Rule 47] judgment becomes
become final and
3. Certiorari final and executory
executory
4. Collateral Attack of a Judgment that is Void Applies to
on its Face Applies to
judgments, final
[1 Riano 60, 2011 Ed.] judgments or final
orders and other
orders only
Nature proceedings
A legal remedy whereby a party seeks to set Grounds:
aside a judgment rendered against him by a 1. FAME; or
court whenever he was unjustly deprived of a 2. Newly Ground: FAME
hearing or was prevented from taking an discovered
appeal because of fraud, accident, mistake, or evidence
excusable negligence (FAME). [Quelnan v. Filed:
VHF Phils, G.R. No. 138500 (2005)] 1. Within 60 days
from knowledge
A petition for relief from judgment is an
Filed within the time of judgment; and
equitable remedy allowed only in exceptional
to appeal 2. Within 6
cases when there is no other available or
months from
adequate remedy. When a party has another
remedy available, either MNT or appeal, and entry of
he was not prevented by FAME from filing such judgment
motion or taking such appeal, he cannot avail If denied, order
If denied, order of
himself of this petition. [Trust International denying a petition
denial is not
Paper Corp. v. Pelaez, G.R. No. 164871 for relief is not
appealable; hence,
(2006)] appealable; remedy
remedy is appeal
is appropriate civil
In addition, a petition for relief is available from judgment
action under Rule 65
only when the loss of the remedy was due to Legal remedy Equitable remedy
the petitioner’s own fault. [Tuason v CA, G.R.
Motion need not be Petition must be
No. 116607 (1996)]
verified verified
Relief under Rule 38 will not be granted to a These remedies are mutually exclusive.
party who seeks to be relieved from the effects [Francisco v. Puno, G.R. No. L-55694
of the judgment when the loss of the remedy of (1981)]
law was due to his own negligence, or a (1 Regalado 426-437, 441-442, 2010 Ed.)
mistaken mode of procedure for that matter;
otherwise, the petition for relief will be When proper
tantamount to reviving the right of appeal which When a judgment or final order is entered, or
has already been lost either because of any other proceeding is thereafter taken
inexcusable negligence or due to a mistake of against a party in any court through FAME.
procedure by counsel. [Fukuzumi v. Sanritsu [Sec. 1, Rule 38]
Great International Corporation, G.R. No.
140630 (2004)] Thus, it was held that a petition for relief is
also applicable to a proceeding taken after
entry of judgment or final order such as an
Page 142 of 525

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.
Page 143 of 525

• The order shall be served in such manner d. Annulment of Judgments or

as the court may direct, together with Final Orders and Resolutions
copies of the petition and the
accompanying affidavits. Nature
[Sec. 4, Rule 38] An action for annulment of judgment is a
remedy in equity exceptional in character
Note: Failure to answer the petition for relief availed of only when other remedies are
does not constitute default. Even without it, the wanting. [Spouses Teano vs The Municipality
court will still have to hear the petition on the of Navotas, G.R. No. 205814 (2016)]
merits. [1 Regalado 447. 2010 Ed.]
It is a remedy independent of the case where
Proceedings after answer is filed the judgment sought to be annulled is
After the filing of the answer or the expiration of rendered. It is not the continuation of the same
the period therefore, the court shall hear the case, like in the reliefs of MR, appeal, or
petition petition for relief. [CIR vs Kepco Ilijan Corp.,
a. If the allegations are not true, the petition G.R. No. 199422 (2016)]
shall be dismissed
b. If the allegations are true, it shall set aside Such remedy is considered an exception to the
the judgment or final order or other final judgment rule or the doctrine of
proceeding complained of upon such terms immutability of judgments. [Diona v. Balangue,
as may be just and the case shall stand as 688 SCRA 22, 34, (2013)]
if such judgment, final order or other
proceeding had never been rendered, Purpose
issued or taken. The court shall then The purpose of such action is to have the final
proceed to hear and determine the case as and executory judgment set aside so that there
if a timely motion for a new trial or will be a renewal of litigation. [Spouses Teano
reconsideration had been granted by it. v. The Municipality of Navotas, G.R. No.
[Sec. 3, Rule 38] 205814 (2016)]
Note: Where the denial of an appeal is set When proper

aside, the lower court shall be required to give An action for annulment of judgment may be
due course to the appeal and to elevate the availed of even if the judgment to be annulled
record of the appealed case as if a timely and has already been fully executed or
proper appeal had been made. [Sec. 7, Rule implemented. [Islamic Da’wah Council of the
38] Philippines. v. CA, G.R. No. 80892 (1989)]
Remedy for denial of petition for relief When not available

Appeal from an order denying a petition for The remedy may not be invoked:
relief is no longer available under the present a. Where the party has availed himself of the
rules. [1 Regalado 437, 2010 Ed. citing Sec. 1, remedy of new trial, appeal, petition for
Rule 41] review, or other appropriate remedy and
lost, or
Note: An order granting a petition for relief is b. Where he has failed to avail himself of
interlocutory and non-appealable [1 Regalado those remedies through his own fault or
447, 2010 Ed.] negligence.
[Republic v. ‘G’ Holdings, Inc., G.R. No.
The remedy against a denial of a petition for 141241 (2005)]
relief is certiorari under Rule 65, when proper
[1 Regalado 437, 2010 Ed.] Note: It is a condition sine qua non that one
must have failed to avail of those remedies,
through no fault attributable to him. Otherwise,
Page 144 of 525

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
Page 145 of 525

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]
Extrinsic Lack of Difference: When it is based on extrinsic fraud,

fraud jurisdiction the original judgment was not tainted by
Before it is jurisdictional defects but by the deception
which then resulted in the prejudicial error [1
Period for 4 years from barred by
Regalado 635-636, 2010 Ed.]
filing discovery laches or
estoppel
Note: The judgment of annulment may include
[Sec. 3, Rule 47] the award of damages, attorney’s fees, and
other reliefs. [Sec. 9, Rule 47]
Note: There must be a manifest showing with
petition that it was filed within the 4-yr period. Effect on prescriptive period for refiling of
[1 Regalado 532, 2010 Ed.] the original action
When suspended - from the filing of said
Action of the court original action until the finality of the judgment
1. Should the court find no substantial merit of annulment.
in the petition, the same may be When not suspended - where the extrinsic
dismissed outright with specific reasons for fraud is attributable to the plaintiff in the original
such dismissal. action.
2. Should prima facie merit be found in the [Sec. 8, Rule 47]
petition, the same shall be given due
course and summons shall be served on
e. Collateral Attack of Judgments
the respondent.
[Sec. 5, Rule 47]
Direct attack vs. Collateral attack
a. Direct attack - The object of an action is to
Procedure
annul or set aside such judgment, or enjoin
The procedure in ordinary civil cases shall
its enforcement.
be observed. Should a trial be necessary, the
b. Collateral/Indirect attack - In an action to
reception of the evidence may be referred to a
obtain a different relief, an attack on the
member of the court or a judge of a RTC. [Sec.
judgment or proceeding is made as an
6, Rule 47]
incident thereof. [Hortizuela v. Tagufa,
G.R. No. 205867 (2015)]
Note: Prima facie determination is not available
in annulment of judgments or final orders of
The validity of a judgment or order of the
MTCs before the RTC. [Sec. 10, Rule 47]
court, which has become final and
executory, may be attacked in three ways:
iii. Effects of Judgment of Annulment
a. By a direct action or proceeding to annul
the same
Based on lack of jurisdiction
• To annul and enjoin enforcement of the
A judgment of annulment shall set aside the
judgment, where the alleged defect is
questioned judgment or final order or
not apparent on its face or from the
resolution and render the same null and void,
recitals contained in the judgment; See
without prejudice to the original action
Rule 47
Page 146 of 525

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
Page 147 of 525

appealed according to Sec. 1(b), Rule 41 [1 After the lapse of the

Regalado 450, 2010 Ed.] reglementary period
During that period,
to appeal, the
A final judgment or order is one that finally the winning party
prevailing party is
disposes of a case, leaving nothing more to be cannot demand the
entitled to a writ of
done by the court in respect thereto. Examples execution of the
include: execution, and
judgment yet as a
a. An adjudication on the merits which, on the issuance thereof is a
right. [City of Manila
basis of the evidence presented at the trial, ministerial duty of the
v. CA, G.R. No.
declares categorically what the rights and court. [City of Manila
100626 (1991)]
obligations of the parties are and which v. CA, G.R. No.
party is in the right; or 100626 (1991)]
b. A judgment or order that dismisses an
action on the ground, for instance, of res b. When Execution Shall Issue
judicata or prescription.
[Heirs of Dimaampao v. Alug, G.R. No. 198223
General rule: Execution shall issue as a matter
(2015)]
of right, on motion, upon a judgment or order
that disposes of the action or proceeding
Finality for purposes of execution refers to
upon the expiration of the period to appeal
the judgment being “final and executory” upon
therefrom if no appeal has been duly perfected.
the lapse of the appeal period if no appeal is
[Sec. 1, Rule 39]
taken, upon which execution shall issue as a
matter of right according to Sec. 1, Rule 39. [1
Exceptions: The following are immediately
Regalado 449-450, 2010 Ed., see Perez v.
executory without the expiration of the period
Zulueta, G.R. No. L-10374 (1959)]
to appeal
a. Judgments in actions for injunction,
A judgment becomes “final and executory”
receivership, accounting and support,
by operation of law. [Prieto v. Alpadi
and such other judgments as are now or
Development Corporation, G.R. No. 191025
may hereafter be declared to be
(2013)]
immediately executory. [Sec. 1, Rule 39]
b. Judgments in an action for forcible entry
Final and or unlawful detainer rendered against the
Final Judgments Executory defendant. [Sec. 19, Rule 39]
Judgments c. The decision of the Regional Trial Court in
Final judgments civil cases governed by the Rules on
finally dispose of, Summary Procedure. [Sec. 21, Rules on
adjudicate, or Judgments become Summary Procedure]
determine the rights final and executory d. The decision of the Labor Arbiter
of the parties, by operation of law reinstating a dismissed or separated
HOWEVER, they are after the lapse of the employee. [Art. 229, Labor Code]
not yet “final and period for appeal
Exception to the exception: The appellate
executory” pending without an appeal
court in its discretion may make an order
the expiration of the being filed. [Cadena
suspending, modifying, restoring or granting
reglementary period v. Civil Service the injunction, receivership, accounting, or
for appeal. [1 Commission, G.R. award of support. The stay of execution shall
Regalado 450, 2010 No. 191412 (2012)] be upon such terms as to bond or otherwise as
Ed.] may be considered proper for the security or
protection of the rights of the adverse party.
[Sec. 1, Rule 39]
Page 148 of 525

2. If the appeal has been duly perfected

Quashal of a writ of execution and finally resolved, the execution may
General rule: The execution of final and a. Be applied for in the court of origin,
executory judgments may no longer be b. On motion of the judgment obligee,
contested and prevented, and no appeal c. Submitting certified true copies of the
should lie therefrom. [1 Riano 609, 2016 Ed.] judgment or judgments or final order or
orders sought to be enforced and of the
Exception: These exceptional circumstances entry thereof, with notice to the adverse
may prevent the execution of a judgment or party.
allow the quashal of a writ of execution already [Sec. 1, Rule 39]
issued:
1. Improvidently issued Necessity of hearing
2. Defective in substance An ex parte motion for the issuance of the writ
3. Issued against wrong party would suffice since the trial court may take
4. Issued without authority judicial notice of the record of the case to
5. Inequitable due to change in situation of determine the propriety of the issuance thereof.
parties
6. Controversy was never validly submitted to However, where the losing party shows that
court [Sandico v. Piguing, G.R. No. L- subsequent facts had taken place which would
26115 (1971)] render execution unjust, a hearing on the
7. The writ varies the terms of the judgment, motion should be held. [Luzon Surety Co. v.
there is ambiguity in the terms of the Beson, G.R. No. L-26865-66 (1976)]
judgment or when it is sought to be
enforced against property exempt from General rule:
execution [Limpin v. IAC, G.R. No 70987 Issuance of the writ of execution is a matter of
(1987)] right on the part of the prevailing party when
8. There is substantial variance between the the judgment or order becomes executory.
judgment and the writ of execution issued [1 Regalado 453, 2010 Ed.]
to enforce the same [Malacora v. CA, G.R.
No. 51042 (1982)] Exceptions:
[1 Regalado 453, 2010 Ed.] The issuance of a writ of execution which
issues as a matter of right can be countered in
Note: These defects may be challenged on any of the following cases:
appeal or in certiorari, prohibition or mandamus a. When the judgment has already been
actions. [Limpin v. IAC, G.R. No 70987 (1987)] executed by the voluntary compliance
thereof by the parties;
i. Execution as a Matter of Right b. When a judgment has been novated by the
parties;
Execution as a matter of right is available in c. When a petition for review is filed and
two instances preliminary injunction is granted; Also,
1. Upon the expiration of the period to appeal when execution of the judgment has been
therefrom if no appeal has been duly enjoined by a higher court;
perfected. d. When the judgment sought to be executed
2. Appeal has been duly perfected and finally is conditional or incomplete;
resolved. e. When facts and circumstances transpire
[Sec. 1, Rule 39] which would render execution inequitable
or unjust;
How done f. When execution is sought more than five
1. If no appeal is perfected upon the (5) years from its entry without it having
expiration of the period to appeal been revived;
therefrom, on motion.
Page 149 of 525

g. When execution is sought against property Discretionary execution is not applicable in

exempt from execution; the case of the CA
h. When refusal to execute the judgment has A judgment of the CA cannot be executed
become imperative in the higher interest of pending appeal [Heirs of Justice JBL Reyes v.
justice. CA, G.R. No. 135180-81 (2000)]
[1 Riano 647-648, 2014 Bantam Ed.]
Where motion filed
Supervening event doctrine 1. In the trial court
A supervening event can be invoked for the • While it has jurisdiction over the case
modification or alteration of a final judgment. and is in possession of the original
This refers to: record or record on appeal
a. Facts which transpire after judgment has 2. In the appellate court
become final and executory; • After the trial court has lost jurisdiction.
b. New circumstances which developed after [Sec. 2, Rule 39]
the judgment has acquired finality;
c. Matters which the parties were not aware Requisites
of prior to or during the trial as they were 1. Motion filed by the prevailing party with
not yet in existence at that time. notice to the adverse party,
The supervening facts or circumstances must 2. Filed with either the trial court or appellate
either court,
a. Bear a direct effect upon the matters 3. Hearing on the motion for discretionary
already litigated and settled, or execution,
b. Create a substantial change in the rights or 4. There must be good reasons to justify the
relations of the parties therein which render discretionary execution, and
execution of the final judgment unjust, 5. The good reasons must be stated in a
impossible, or inequitable. special order.
[Abrigo, et al. v. Flores, et al., G.R. No. 160786 [Sec. 2, Rule 39]
(2013)]
“Good reasons”
ii. Discretionary Execution Compelling circumstances justifying the
immediate execution lest judgment becomes
The issuance of a writ of execution is illusory, or the prevailing party may after the
discretionary on the part of the court when it lapse of time become unable to enjoy it. [Far
is for the East Bank v. Toh, G.R. No. 144018 (2003)]
a. Execution of a judgment or final order
pending appeal, or Mere issuance of a bond to answer for
b. Execution of several, separate, or partial damages is no longer considered a good
judgments. reason for execution pending appeal. [Planters
[Sec. 2, Rule 39] Products v. CA, G.R. No. 106052 (1999)]
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)]
Page 150 of 525

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
Page 151 of 525

Note: The Statute of ii. Issuance and Contents of a Writ of

Limitations is 10 years Execution
from date of entry. [Art.
1144(3), CC]. Contents of the writ of execution
[Sec. 6, Rule 39] The writ of execution is issued in the name of
the Republic of the Philippines and shall state:
Revival of judgment 1. The name of the court,
2. The case number and title,
An action for revival of judgment is a procedural
means of securing the execution of a previous 3. The dispositive part of the subject
judgment which has become dormant after the judgment or order, and
passage of 5 years without it being executed 4. Shall require the sheriff or other proper
upon motion of the prevailing party. [Saligumba officer to whom it is directed to enforce the
vs Palanog, 573 SCRA 8, 15-16 (2008)] writ according to its terms.
[Sec. 8, Rule 39]
The action must be filed within 10 years from
the date the judgment became final since the Dispositive portion as subject of execution
action to enforce a judgment prescribes in 10 The writ of execution should conform to the
years from the finality of judgment. [Art. dispositive portion of the decision to be
1144(3), CC] executed. [Ex-Bataan Veterans Security
Agency Inc vs NLRC, G.R. No. 121428 (1995)]
A revived judgment is deemed a new judgment
separate and distinct from the original Issuance of a writ of execution
judgment. It is not a continuation. [PNB v. Effectivity
Bondoc, G.R. No. L-20236 (1965)] Such writ shall continue in effect during the
period within which the judgment may be
How enforced enforced by motion. [Sec. 14, Rule 39]
A revived judgment may also be enforced the
same way. [Sec. 6, Rule 39] Note: A judgment may be enforced by motion
Note: The 10-year prescriptive period within 5 years from date of entry of judgment.
commences to run from the date of finality of [Sec. 6, Rule 39]
the revived judgment and not the original
judgment. [PNB v. Bondoc, G.R. No. L-20236 Against whom issued
(1965)] General rule: Only real parties in interest in
an action are bound by judgment rendered
Time periods therein and by the writs of execution.
The time periods provided may be stayed by:
a. Agreement of the parties for a definite time, Exceptions:
b. Injunction, or There are certain cases where the writ may be
c. Taking of an appeal or writ of error. issued against non-parties
[Yau vs Silverio, and Macapagal v. Gako, 543 a. One who is privy to judgment debtor can be
SCRA 520, 529 (2008)] reached by an order of execution and writ
of demolition [Vda. De Medina v. Cruz,
The periods shall not apply to: G.R. No. L-39272 (1988)]
a. Special proceedings, and b. Issued against one who, not being
b. Judgments for support. originally a party to the case, submits his
[Rodil v. Benedicto, 95 SCRA 137, (1980) and interest to the court for consideration in the
Canonizado v. Benitez, 127 SCRA 610 (1984)] same case and invites adjudication
regarding said interest [Jose v. Blue, G.R.
No. L-28646 (1971)]
c. Where non-parties voluntarily signed the
compromise agreement or voluntarily
Page 152 of 525

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
Page 153 of 525

the same day to the COC of the court that Procedure

issued the writ. 1. The officer shall levy upon the properties
[Sec. 9(a), Rule 39] of the judgment obligor of every kind and
nature whatsoever which may be disposed
Procedure if the judgment obligee or his of for value and not otherwise exempt from
authorized representative is not present to execution
receive payment 2. The officer shall give the judgment obligor
1. The judgment obligor shall deliver the the option to choose which property or
aforesaid payment to the executing sheriff. part thereof may be levied upon, sufficient
• Note: In no case shall the executing to satisfy the judgment.
sheriff demand that any payment by 3. If the judgment obligor does not exercise
check be made payable to him. the option, the officer shall first levy on the
2. The executing sheriff shall turn over all personal properties, if any, and then on
the amounts coming into his possession the real properties if the personal
within the same day to the COC of the court properties are insufficient to answer for
that issued the writ, or if the same is not the judgment.
practicable, deposit said amounts to a
fiduciary account in the nearest Note: The sheriff shall sell only a sufficient
government depository bank of the. RTC of portion of the personal or real property of the
the locality. judgment obligor which has been levied upon
3. The COC shall thereafter arrange for the and only so much of the personal or real
remittance of the deposit to the account of property as is sufficient to satisfy the judgment
the court that issued the writ whose COC and lawful fees.
shall then deliver said payment to the
judgment obligee in satisfaction of the How the levy is done
judgment. Real property, stocks, shares, debts, credits,
4. The excess, if any, shall be delivered to the and other personal property, or any interest in
judgment obligor while the lawful fees shall either real or personal property, may be levied
be retained by the COC for disposition as upon in like manner and with like effect as
provided by law. under a writ of attachment.
[Sec. 9(a), Rule 39] [Sec. 9(b), Rule 39]
SATISFACTION BY LEVY Note: If the judgment is for a sum of money

Definition 1. The judgment obligor dies before the
Levy is the act whereby: levy has been made on the property:
a. A sheriff/officer sets apart or appropriates, judgment cannot be enforced by writ of
b. For the purpose of satisfying the command execution. Instead, it should be filed as a
of the writ, claim against the estate.
c. A part or the whole of the judgment debtor’s 2. If the judgment obligor dies after the
property. entry of judgment but before levy on his
[Fiestan v. CA, G.R. No. 81552 (1990)] property: Execution will issue if it is for the
recovery of real/personal property.
Condition before resort to satisfaction by [1 Regalado 475, 2010 Ed.]
levy
If the judgment obligor cannot pay all or part of “Break-open” order
the obligation in cash, certified bank check or An order from the court authorizing the sheriff
other mode of payment acceptable to the to destroy, demolish or remove improvements
judgment obligee. [Sec. 9(b), Rule 39] on property subject of execution. [Sec. 10(d),
Rule 39]
Page 154 of 525

A special order of demolition is an order from iii. Royalties

the court authorizing the sheriff to destroy, iv. Commissions and
demolish or remove improvements on property v. Other personal property not capable of
subject of execution. It is issued upon hearing manual delivery in the possession or
and reasonable notice. Without one, the sheriff control of third parties. [Sec. 9(c), Rule
cannot destroy, demolish, or remove any 39]
improvements on the property. [Guario v.
Ragsac, A.M. No. P-08-2571 (2009); see Sec. Procedure
10(d), Rule 39] 1. Notice shall be served upon the person
owing such debts or having in his
A writ of execution directing the sheriff to cause possession or control such credits to which
the defendant to vacate is in the nature of a the judgment obligor is entitled.
habere facias possessionem and authorizes • Note: The garnishment shall cover only
the sheriff, without need of securing a such amount as will satisfy the
“break-open” order, to break open the judgment and all lawful fees.
premises where there is no occupant therein. 2. The garnishee shall make a written report
[Arcadio v. Ylagan, A.M. No. 2734 (1986)] to the court within 5 days from service of
the notice of garnishment stating whether
Note: The rationale is that the writ of execution or not the judgment obligor has sufficient
itself is essentially an order to place the funds or credits to satisfy the amount of the
prevailing party in possession of the property. judgment. If not, the report shall state how
If the defendant refuses to surrender much funds or credits the garnishee holds
possession of the property to the prevailing for the judgment obligor.
party, the sheriff or other proper officer should • Note: Upon service of the writ of
oust him. No express order to this effect needs garnishment, the garnishee becomes a
to be stated in the decision. [Guario v. Ragsac, “virtual party” or “forced intervenor” to
A.M. No. P-08-2571 (2009)] the case and the trial court thereby
acquires jurisdiction to bind the
GARNISHMENT OF DEBTS AND CREDITS garnishee to comply with its orders and
processes [BPI v. Lee, G.R. No.
The process of levying shall be called 190144 (2012)]
garnishment if the property involved is 3. The garnished amount in cash, or
money, stocks, or other incorporeal certified bank check issued in the name of
property in the hands of third persons. the judgment obligee, shall be delivered
Note: Garnishment merely sets apart such directly to the judgment obligee within
funds but does not constitute the creditor as 10 working days from service of notice on
owner of the garnished property. [De la Rama said garnishee requiring such delivery,
v. Villarosa, G.R. No. L-19727 (1963)] except the lawful fees which shall be paid
directly to the court.
Garnishment is not a violation of R.A. 1405 4. In the event there are two or more
on the secrecy of bank deposits, as it does garnishees holding deposits or credits
not involve an inquiry or examination of such sufficient to satisfy the judgment, the
deposit. [China Banking Corp. v. Ortega, G.R. judgment obligor, if available, shall have
No. L-34964 (1973)] the right to indicate the garnishee or
garnishees who shall be required to
What may be garnished deliver the amount due; otherwise, the
The officer may levy on choice shall be made by the judgment
a. Debts due the judgment obligor and obligee.
b. Other credits, including 5. The executing sheriff shall observe the
i. Bank deposits same procedure under Sec. 9(a), Rule 39
ii. Financial interests,
Page 155 of 525

with respect to delivery of payment to the FOR SALE OF REAL OR PERSONAL

judgment obligee. PROPERTY
[Sec. 9(c), Rule 39] If the judgment be for the sale of real or
personal property, [an order for execution shall
iv. Execution of Judgments for be issued] to:
Specific Acts a. Sell such property, describing it, and
b. Apply the proceeds in conformity with the
Under Section 10, a party is directed to judgment.
execute conveyance of land or to deliver deeds [ Sec. 10(b), Rule 39]
or other documents, or to perform any other
specific acts in connection therewith but FOR DELIVERY OR RESTITUTION OF REAL
which acts can be performed by persons PROPERTY
other than said party. [1 Regalado 486, 2010 1. The officer shall demand of the person
Ed.] against whom the judgment for the delivery
or restitution of real property is rendered
FOR CONVEYANCE OF REAL OF LAND OR and all persons claiming rights under him
PERSONAL PROPERTY to peaceably vacate the property within 3
Conditions working days, and restore possession
1. If a judgment directs a party to thereof to the judgment obligee.
a. Execute a conveyance of land or 2. Otherwise, the officer shall oust all such
personal property, or persons therefrom with the assistance, if
b. Deliver deeds or other documents, or necessary, of appropriate peace officers,
c. Perform any other specific act in and employing such means as may be
connection therewith, and reasonably necessary to retake
2. The party fails to comply within the time possession, and place the judgment
specified obligee in possession of such property.
[Sec. 10(a), Rule 39] 3. Any costs, damages, rents or profits
awarded by the judgment shall be satisfied
Procedure in the same manner as a judgment for
1. The court may direct the act to be done at money.
the cost of the disobedient party by [Sec. 10(c), Rule 39]
some other person appointed by the court
and the act when so done shall have like REMOVAL OF IMPROVEMENTS ON
effect as if done by the party. PROPERTY SUBJECT OF EXECUTION
2. If real or personal property is situated within When the property subject of the execution
the Philippines, the court may by an order contains improvements constructed or planted
divest the title of any party and vest it in by the judgment obligor or his agent, the
others, which shall have the force and officer shall not destroy, demolish or
effect of a conveyance executed in due remove said improvements except:
form of law. 1. Upon special order of the court, issued
[Sec. 10(a), Rule 39] upon motion of the judgment obligee after
due hearing and
It is only when reconveyance is no longer 2. After the former has failed to remove the
feasible (e.g. passed on to a buyer for value in same within a reasonable time fixed by the
good faith, dissipated, etc.) that the judgment court.
obligor should pay the judgment obligee the fair [Sec. 10(d), Rule 39]
market value of the property. [Raymundo v.
Galen Realty and Mining Corp., G.R. No.
191594 (2013)]
Page 156 of 525

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)]
A special judgment under Section 12 requires A duly registered levy on attachment or

the performance of any act, other than the execution is preferred over a prior unregistered
payment of money or the sale or delivery or real sale. Under the Torrens system, the auction
or personal property, which a party must sale of property retroacts to the date the levy
personally do because his personal was registered; now, under Secs. 51 and 2 of
qualifications and circumstances have been P.D. 1529, the act of registration is the
taken into consideration. [1 Regalado 486, operative act to convey or affect the land
2010 Ed.] insofar as third persons are concerned. [Du v.
Stronghold Insurance Co. Inc., G.R. No.
When proper 156580 (2004)]
A judgment requires performance of any other
act than those mentioned in Secs. 9 and 10 d. Properties Exempt from
(payment of money or sale or delivery of Execution
property). [Sec. 11, Rule 39]
General rule: The following property, and no
Procedure other, shall be exempt from execution:
A certified copy of the judgment shall be a. The judgment obligor’s family home as
1. Attached to the writ of execution and provided by law, or the homestead in which
2. Served by the officer upon he resides, and land necessarily used in
a. The party against whom the same is connection therewith
rendered, or b. Ordinary tools and implements
b. Any other person required thereby, or personally used by him in his trade,
by law, to obey the same, and employment, or livelihood
3. Such party or person may be punished for c. Three horses, or three cows, or three
contempt if he disobeys such judgment carabaos, or other beasts of burden, such
[Sec. 11, Rule 39] as the judgment obligor may select
necessarily used by him in his ordinary
Examples: occupation
a. A judgment in mandamus to reinstate d. His necessary clothing and articles for
petitioner as chief clinic of the hospital ordinary personal use, excluding jewelry
[Vital-Gozon v. CA, G.R. No. 101428 e. Household furniture and utensils
(1992)] necessary for house-keeping, and used for
b. A judgment directing the defendant to that purpose by the judgment obligor and
remove a fence from a certain place is a his family, such as the judgment obligor
special judgment [Marquez v. Marquez, may select, of a value not exceeding PHP
G.R. No. 47792 (1941)] 100,000
f. Provisions for individual or family use
vi. Effect of Levy on Third Person sufficient for four months
g. The professional libraries and
The levy on execution shall create a lien in equipment of judges, lawyers, physicians,
favor of the judgment obligee over the right, pharmacists, dentists, engineers,
Page 157 of 525

surveyors, clergymen, teachers, and other

professionals, not exceeding PHP 300,000 e. Proceedings Were Property is
in value Claimed by Third Persons; in
h. One fishing boat and accessories not
Relation to Third Party Claim in
exceeding the total value of PHP 100,000
owned by a fisherman and by the lawful
Attachment and Replevin
use of which he earns his livelihood
i. So much of the salaries, wages, or
Sec. 16, Rule 39 and other provisions providing
a mode for recovering property alleged to have
earnings of the judgment obligor for his
been wrongfully taken by sheriff pursuant to a
personal services within the four
writ of execution or other process, refer to a
months preceding the levy as are
stranger to an action. [Tillson v. CA, G.R. No.
necessary for the support of his family
89870 (1991)]
j. Lettered gravestones
k. Monies, benefits, privileges, or annuities
Remedies of third-party claimant
accruing or in any manner growing out of
a. Summary hearing before the court which
any life insurance
authorized the execution
l. The right to receive legal support, or
b. “Terceria” or third-party claim filed with
money or property obtained as such
support, or any pension or gratuity from the the sheriff [Sec. 16, Rule 39]
c. Action for damages on the bond posted
Government
by the judgment creditor
m. Properties specially exempted by law
d. Independent Reinvindicatory action
[Sec. 13, Rule 39]
Note: Such are cumulative remedies and may
Examples of item (m) above
be resorted to by a third-party claimant
1. Property mortgaged to the DBP [Sec. 26,
independently of or separately from and
CA 458]
without need of availing of the others. [Sy v.
2. Savings of national prisoners deposited
Discaya, G.R. No. 86301 (1990)]
with the postal savings bank [Act. 2489]
3. Benefits from private retirement systems of
For a third-party claim to be sufficient
companies and establishments with
a. Must be filed by a person other than the
limitations [R.A. 4917]
defendant or his agent, at any time before
4. Laborer’s wages except for debts incurred
sale
for food, shelter, clothing and medical
b. Must be under oath or supported by
attendance [Art. 1708, CC]
affidavit stating the claimant’s title to, or
5. Benefit payments from SSS [Sec. 16, R.A.
1161, as amended] right of possession of, the property, and
grounds therefor
c. Must be served upon the officer making
Exception: No article or species of property
levy and a copy thereof upon the judgment
mentioned in Sec. 13, Rule 39 (enumerated
creditor
above) shall be exempt from execution issued
[Sec. 16, Rule 39]
upon a
a. Judgment recovered for its price or
On spouses
b. Judgment of foreclosure of a mortgage
thereon A spouse who was not a party to the suit but
whose conjugal property is being executed
[Sec. 13, Rule 39]
because the other spouse is the judgment
obligor is not considered a stranger to the suit
The exemptions must be claimed, otherwise
and cannot file a separate action to question
they are deemed waived. It is not the duty of
the sheriff to set off the exceptions on his own the execution since they could have easily
questioned the execution in the main case
initiative. [Herrera v. Mcmicking, G.R. No. L-
itself. [1 Regalado 501, 2010 Ed.]
5329 (1909)]
Page 158 of 525

b. Before the property shall have been sold

The institution of a separate action was allowed under execution.
when the property was the exclusive or
paraphernal property of a spouse who was Procedure
not a party to the case the judgment wherein Claimant serves on the officer making levy an
was sought to be executed. In such a situation, affidavit of his title and a copy thereof to
the aggrieved spouse was deemed to be a judgment creditor.
stranger to that main action. [Ching v. CA, G.R. [Sec. 16, Rule 39]
No. 118830 (2003)]
Bond
Effect of third-party claim To enforce a claim for damages against the
The officer shall not be bound to keep the bond, the action must be filed within 120 days
property, unless such judgment obligee, on from the filing of the bond.
demand of the officer, files a bond approved by
the court to indemnify the third-party claimant The officer shall not be liable for damages
in a sum not less than the value of the property for the taking or keeping of the property, to any
levied on. [Sec. 16, Rule 39] third-party claimant if such bond is filed.
SUMMARY HEARING BEFORE COURT When bond not required

AUTHORIZING EXECUTION When the writ of execution is issued in favor of
A third-person whose property was seized by a the Republic of the Philippines, or any officer
sheriff to answer for an obligation of a judgment duly representing it, the filing of such bond shall
debtor may invoke the supervisory power of the not be required.
court which authorized such execution. [Sy v.
Discaya, G.R. No. 86301 (1990)] Note: If sheriff or levying officer is sued for
damages,
Procedure a. He shall be represented by the Solicitor
a. Claimant files application General, and
b. Court conducts summary hearing, and b. If held liable, the actual damages adjudged
c. The court may: by the court shall be paid by the National
1. Command that the property be Treasurer out of such funds as may be
released from the mistaken levy and appropriated for the purpose.
restored to rightful owner or possessor, [Sec. 16, Rule 39]
or
2. If the claimant's proofs do not The right of a third-party claimant to file a
persuade, the claim will be denied by terceria is founded on his title or right of
the court. possession. Corollary thereto, before the court
can exercise its supervisory power to direct the
The court determination is limited only to a release of the property mistakenly levied and
determination of whether the sheriff has acted the restoration thereof to its rightful owner, the
rightly or wrongly in performance of his duties. claimant must first unmistakably establish his
The court does not and cannot pass upon the ownership or right of possession thereon.
question of title. [Sy v. Discaya, G.R. No. 86301 [Villasi v. Garcia, G.R. No. 190106 (2014)]
(1990)]
REIVINDICATORY ACTION
TERCERIA Nothing contained in Sec. 16, Rule 39 shall
prevent such claimant or any third person from
When to file vindicating his claim to the property in a
Any time, as long as: separate action, or prevent the judgment
a. Sheriff has the possession of the property obligee from claiming damages in the same or
levied upon, or a separate action against a third-party claimant
Page 159 of 525

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]
Page 160 of 525

Duties upon redemption

Redemption price The person to whom the redemption payment
a. By the judgment debtor or first is made must execute and deliver to him a
redemptioner: certificate of redemption.
1. Purchase price, a. Acknowledged before a notary public or
2. 1% interest thereon up to time of other officer authorized to take
redemption, acknowledgments of conveyances of real
3. Any amount of assessments or taxes property.
which purchaser may have paid after b. Filed and recorded in the registry of deeds
purchase and interest on such last of the place in which the property is
named amount at the same rate, and situated, and
4. If the purchaser is also a creditor c. The registrar of deeds must note the record
having a prior lien to that of a thereof on the margin of the record of the
redemptioner, other than the judgment certificate of sale.
under which such purchase was made, [Sec. 29, Rule 39]
the amount of such other lien, also with
interest. RIGHTS PENDING REDEMPTION
b. By all subsequent redemptioners: Right of judgment obligee
1. Amount paid on last redemption, Apply for injunction to restrain the commission
2. 2% interest thereon, of waste on the property. [Sec. 31, Rule 39]
3. Any amount of assessments or taxes
which purchaser may have paid after It is not waste for a person in possession of
purchase as well as interest on such the property at the time of the sale, or entitled
last named amount at the same rate, to possession afterwards, during the period
and allowed for redemption, to
4. The amount of any liens held by said a. Continue to use it in the same manner in
last redemptioner prior to his own, also which it was previously used
with interest. b. Use it in the ordinary course of husbandry,
[Sec. 28, Rule 39] or
c. Make the necessary repairs to buildings
If redemption is made by the judgment thereon while he occupies the property
obligor [Sec. 31, Rule 39]
a. No further redemption is allowed, and
b. He is restored to his estate. Expiration of period to redeem
[Sec. 29, Rule 39] a. II no redemption be made within 1 year
from the date of the registration of the
Note: When a judgment debtor redeems the certificate of sale, the purchaser is entitled
property, what is effected is the elimination of to a conveyance and possession of the
the lien created by the levy on attachment or property; or,
judgment on the registration of mortgage b. If so redeemed whenever 60 days have
thereon. Note that he never lost ownership so elapsed and no other redemption has
there is no recovery of ownership. [1 Regalado been made, and notice thereof given, and
513, 2010 Ed.] the time for redemption has expired, the
last redemptioner is entitled to the
Payment of redemption price may be made conveyance and possession.
to the:
a. Purchaser or redemptioner, or General Rule: Under the expiration of the right
b. For him to the officer who made the sale of redemption, the purchaser or redemptioner
[Sec. 29, Rule 39] shall be substituted to and acquire all the rights,
title, interest and claim of the judgment obligor
to the property as of the time of the levy -
Page 161 of 525

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
Page 162 of 525

g. Examination of Judgment h. Examination of Obligor of

Obligor When Judgment is Judgment Obligor
Unsatisfied
When applicable
When applicable a. When the return of a writ of execution
When the return of the writ issued against against the property of a judgment obligor
property of a judgment obligor shows that shows that the judgment remains
judgment remains unsatisfied. [Sec. 36, Rule unsatisfied, in whole or in part, and
39] b. Upon proof that a person, corporation, or
other juridical entity has property of such
Procedure judgment obligor or is indebted to him.
The judgment obligee, at any time after such [Sec. 37, Rule 39]
return is made, shall be entitled to an order
from the court which rendered the said Procedure
judgment The court may, by an order
a. Requiring such judgment obligor to appear a. Require such person, corporation, or other
and be examined concerning his property juridical entity, or any officer or member
and income before such court or before a thereof, to appear before the court or a
commissioner appointed by it, at a commissioner appointed by it, at a time and
specified time and place; and place within the province or city where such
b. Proceedings may thereupon be had for the debtor resides or is found, and
application of the property and income of b. Be examined concerning the same.
the judgment obligor towards the
satisfactions of the judgment. Effect of order
The service of the order shall
When judgment obligor not required to a. Bind all credits due the judgment obligor
appear/ be examined and all money and property of the judgment
a. When he is required to appear before a obligor in the possession or in the control
court or commissioner outside the province of such person, corporation, or juridical
or city in which such obligor resides or is entity from the time of service, and
found. [Sec. 36, Rule 39] b. The court may also require notice of such
b. After the lapse of the five years within proceedings to be given to any party to the
which a judgment may be enforced by action in such manner as it may deem
motion. [Umali v. Coquia, G.R. No. L- proper. [Sec. 37, Rule 39]
46303 (1988)]
Note: This is not applicable if there is no issue
Order for payment in fixed monthly concerning the indebtedness of the bank and
installments there is no denial by the depositor of the
If upon investigation of his current income and existence of the deposit with the bank which is
expenses, it appears that the earnings of the considered a credit in favor of the depositor
judgment obligor for his personal services are against the bank. [PCIB v. CA, G.R. No. 84526
more than necessary for the support of his (1991)]
family, the court may order that:
a. He pay the judgment in fixed monthly When alleged obligor denies debt or claims
installments, and property
b. Upon his failure to pay any such installment The court may
when due without good excuse, may a. Authorize the judgment obligee to institute
punish him for indirect contempt. an action against such person or
[Sec. 40, Rule 39] corporation for the recovery of such
interest or debt,
Page 163 of 525

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
Page 164 of 525

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
Page 165 of 525

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)]
Res Law of the Stare Purpose

judicata case decisis a. To avoid repetitive litigation on claims and
The parties Operates Once a point issues,
and the only in the of law has b. Prevent harassment of the parties, and
causes of particular been c. Avoid undue imposition on the courts.
action in both and single established [1 Regalado 536, 2010 Ed.]
actions are case where by the court,
Basis
identical or the ruling that point of
This policy of preclusion rests on principles of
substantially arises and is law will,
comity, utility and convenience of nations. [1
the same. not carried generally, be Regalado 536, 2010 Ed., see also Raytheon
[1 Regalado into other followed by International, Inc. v. Rouzie, Jr., G.R. No.
530, 2010 cases as a the same 162894 (2008)]
Ed., citing precedent. court and by
Yusingco all courts of As a generally accepted principle of
v.Ong Hing The ruling lower rank in international law, it is part of the law of the
Lian, G.R. adhered to in subsequent Philippines by virtue of the Incorporation
No. L-26523 the particular cases where Clause. [Sec. 2, Art. II, 1987 Constitution, 1
Page 166 of 525

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)]
In both cases, judgment may be repelled by Purpose of provisional remedies

evidence of a. To preserve or protect litigants’ rights or
a. Want of jurisdiction, interests during the pendency of the
b. Want of notice, principal action;
c. Collusion, b. To secure the judgment;
d. Fraud, or c. To preserve the status quo of the the things
e. Clear mistake of law or fact. [Sec. 48, Rule subject to the action or the relation
39] between the parties; and
d. To preserve the subject matter of the
A foreign judgment is presumed to be valid action. [2 Riano 2, 2016 Bantam Ed.]
and binding in the country from which it
comes, until a contrary showing, on the basis Kinds of provisional remedies
of a presumption of regularity of proceedings a. Preliminary attachment [Rule 57]
and the giving of due notice in the foreign b. Preliminary injunction [Rule 58]
forum. [Asiavest Merchant Bankers v CA, G.R. c. Receivership [Rule 59]
No 110263 (2001)] d. Replevin [Rule 60]
e. Support pendente lite [Rule 61]
Page 167 of 525

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:
Page 168 of 525

a. For the recovery of a specified amount of 1. Service to defendants where his

money or damages, other than moral and identity or whereabouts are
exemplary, on a cause of action arising unknown. [Sec. 16, Rule 14]
from law, contract, quasi-contract, delict or 2. Service when the defendant does
quasi-delict against a party who is about not reside and is not found in the
to depart from the Philippines with Philippines, and the action
intent to defraud his creditors. o Affects the personal status of
• It is not sufficient to show that the party the plaintiff or
against whom the writ is sought to be o Relates to, or the subject of
issued is about to depart from the which is, property within the
country. It must be shown that such Philippines, in which the
departure was with “intent to defraud defendant has or claims a lien
his creditors”. [2 Riano 20, 2016 or interest, actual or
Bantam Ed.] contingent, or
o In which the relief demanded
b. For money or property embezzled or consists, wholly or in part, in
fraudulently misapplied or converted to excluding the defendant from
his own use by a public officer, or an any interest therein, or
officer of a corporation, or an attorney, o The property of the defendant
factor, broker, agent, or clerk, in the course has been attached within the
of his employment as such, or by any Philippines. [Sec. 17, Rule 14]
other person in a fiduciary capacity, or 3. Service to juridical entities not
for a willful violation of duty. registered or have no resident
• A fiduciary duty is one “founded in trust agent but have transacted or are
and confidence”. [2 Riano 21, 2016 doing business in the Philippines
Bantam Ed.] [Sec. 14, Rule 14]
c. To recover the possession of property Note: The aforementioned grounds are

unjustly or fraudulently taken, detained exclusive in nature. No other ground can
or converted, when the property, or any serve as the basis of a preliminary attachment.
part thereof, has been concealed, [PCIB v. Alejandro, G.R. No. 175587 (2007)]
removed, or disposed of to prevent its
being found or taken by the applicant or an Three stages in the grant of preliminary
authorized person. attachment
a. Court issues the order granting the
d. Against a party who has been guilty of application,
fraud in contracting the debt or incurring b. Writ of attachment issues pursuant to the
the obligation upon which the action is order granting the writ, and
brought, or in the performance thereof. c. The writ is implemented. [1 Regalado 692,
2010 Ed.]
e. Against a party who has removed or • In this stage, the court must have
disposed of his property, or is about to already acquired jurisdiction over the
do so, with intent to defraud his creditors. person of the defendant because the
court has no power over the property of
f. Against a party who does not reside and the defendant without such jurisdiction.
is not found in the Philippines, or on Hence, the rule on
whom summons may be served by prior/contemporaneous service of
publication. summons (to be discussed below). [2
• Under the Amended Rules, summons Riano 33, 2016 Bantam Ed.]
can be served via publication only in
the following cases:
Page 169 of 525

b. Requisites for Issuance of b. The case is one of those mentioned in Rule

Order of Preliminary 57, Sec. 1
c. There is no other sufficient security for the
Attachment
claim sought to be enforced by the action,
and
In order for the court to issue an order of
• Therefore, if a mortgage exists to
preliminary attachment, the applicant must file
secure the obligation, a writ of
a motion with notice and hearing by the court
preliminary attachment cannot be
in which the action is pending.
granted. [2 Riano 30, 2016 Bantam
Ed.]
However, the court may nonetheless issue an
d. the amount due to the applicant, or the
order of attachment ex parte. [Sec. 2, Rule 57]
value of the property the possession of
which he is entitled to recover, is as much
Requisites
as the sum for which the order is granted
Regardless of whether the order was granted
above all legal counterclaims. [Sec. 3, Rule
through motion or ex parte, the following are
57]
the requisites for the issuance of an order of
preliminary attachment, to wit:
Second requisite of an order of attachment
a. The applicant, or some other who
- Bond
personally knows the facts, must file an
The party applying for the order of attachment
affidavit.
must likewise give a bond executed to the
b. Applicant must post a bond executed to
adverse party. The amount of such bond is the
the adverse party in the amount fixed by
amount fixed by the court in the order of
the court in its order granting the issuance
attachment. [Sec. 4, Rule 57]
of the writ. [Secs. 3-4, Rule 57]
Conditions of applicant’s bond
c. Issuance and Contents of Order The party applying for the order will pay all the
of Attachment; Affidavit and costs which may be adjudged to the adverse
Bond party and all damages which he may sustain
by reason of the attachment, if the court shall
Contents of the order of attachment finally adjudge that the applicant was not
It must: entitled thereto. [Sec. 4, Rule 57]
a. Require the sheriff of the court to attach Note: The bond shall only be applied to all
so much of the property in the Philippines damages and costs sustained due to the
of the party against whom it is issued, not attachment. [Excellent Quality Apparel v.
exempt from execution, as may be Visayan Surety & Insurance Corp., G.R. No.
sufficient to satisfy the applicant’s demand 21205 (2015)]
b. Fix the amount of deposit or bond, which
may be the d. Rule on Prior or
1. Amount sufficient to satisfy the Contemporaneous Service of
applicant’s demand or
Summons
2. Value of the property to be attached as
stated by the applicant, exclusive of
General rule: The sheriff is not allowed to
costs. [Sec. 2, Rule 57]
make a levy on attachment if such levy is not
First requisite of an order of attachment -
made with prior or contemporaneous
Affidavit
service of the following:
An order of attachment shall be granted only
a. Service of summons
when the affidavit of the applicant, or of some
b. Copy of the complaint
other person who personally knows the facts,
c. Application for attachment
alleges that:
d. Applicant’s affidavit and bond, and
a. A sufficient cause of action exists,
Page 170 of 525

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
Page 171 of 525

identification of the land or interest to belonging to the estate of a decedent shall

be affected shall be included in the not impair the powers of the executor,
registration of such attachment administrator, or other personal
b. Personal property capable of manual representative of the decedent over such
delivery, property for the purposes of administration.
• By taking and safely keeping it in his [Sec. 9, Rule 57]
custody, after issuing the corresponding
receipt therefor Attachment of property in custodia legis
c. Stocks or shares, or an interest in a. A copy of the writ of attachment shall be
stocks or shares, of any corporation or filed with the proper court or quasi-judicial
company, agency, and
• By leaving with the president or b. Notice of the attachment served upon the
managing agent thereof, a copy of the custodian of such property. [Sec. 7, Rule
writ, and a notice stating that the stock 57]
or interest of the party against whom the
attachment is issued is attached in A previously attached property may also be
pursuance of such writ, subsequently attached. What will arise in this
d. Debts and credits, including bank event will be a priority in the liens, where the
deposits, financial interest, royalties, first attachment shall have priority over
commissions and other personal property subsequent attachments. [2 Riano 38, 2016
not capable of manual delivery, Bantam Ed.]
• By leaving with the person owing such
debts, or having in his possession or Examination of party whose property
under his control, such credits or other whose property is attached or of persons
personal property, or with his agent, a indebted to him
copy of the writ, and notice that the The Rules of Court empower the court to
debts owing by him to the party against examine under oath the party whose property
whom attachment is issued, and the is attached for the purpose of giving
credits and other personal property in information respecting his property. Also, all
his possession, or under his control, other persons in possession of property or
belonging to said party, are attached in credit belonging to the person whose property
pursuance of such writ is attached may also be required to appear and
e. The interest of the party against whom be examined under oath. [Sec. 10, Rule 57]
attachment is issued in property
belonging to the estate of the decedent, When property attached is being claimed by
whether as heir, legatee, or devisee, third persons (Terceria, et al.)
1. By serving the executor or A third person who has a claim to the property
administrator or other personal attached may avail of the following remedies:
representative of the decedent with a a. File terceria or third-party claim
copy of the writ and notice that said 1. By making an affidavit of his title
interest is attached. thereto, or right to the possession
2. A copy of said writ of attachment and of thereof, stating the grounds of such
said notice shall also be filed in the right or title, and
office of the clerk of the court in 2. Serving such affidavit upon the
which said estate is being settled and sheriff while the latter has possession
served upon the heir, legatee or of the attached property, and a copy
devisee concerned. thereof upon the attaching party. [Sec.
[Sec. 7, Rule 57] 14, Rule 57]
Note: The attachment of the interest of an b. File an independent action to recover

heir, legatee, or devisee in the property property. [Imani v. Metropolitan Bank &
Page 172 of 525

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.]
f. Discharge of Attachment and Only the defendant or party whose property is

the Counter-bond attached may move for its lifting. If the
attachment is proper, the discharge should be
Discharge of attachment and Counter-bond by counter-bond under Sec. 12. [KO Glass v.
After a writ of attachment has been enforced, Valenzuela, G.R. No. L-48756 (1982)]
the party whose property has been attached, or
the person appearing on his behalf, may move Effect of discharge of the attachment
for the discharge of the attachment wholly or in Upon the discharge of the attachment, the
part on the security given. [Sec. 12, Rule 57] property attached shall be delivered to the
party making the deposit or giving the
Ways of discharging attachment counterbond or the person appearing on his
a. Counter-bond [Sec. 12, Rule 57] behalf. [2 Riano 44, 2016 Bantam Ed.]
b. Motion for discharge [Sec. 13, Rule 57] Obviously, such is also the effect when the
discharge was made through a motion alleging
Grounds for discharge the grounds in Sec. 13, Rule 57.
a. Debtor has posted a counter-bond or has
made the requisite cash deposit. [Sec. 12, Effect of dissolution of preliminary
Rule 57] attachment on plaintiff’s attachment bond
• The mere posting of a counter-bond a. Dissolution of preliminary attachment upon
does not automatically discharge the security given, or a showing if its irregular
writ of attachment. It is only after due issuance, does not operate to discharge
notice and hearing and after the judge the sureties on the attachment bond
orders the discharge of the attachment [Davao Light and Power Co. v. CA, G.R.
that the same is properly discharged. [2 No. 93262 (1991)]
Riano 42, 2016 Bantam Ed.] • The bond is conditioned that the
b. Attachment was improperly or irregularly applicant will pay all the costs which
issued [Sec. 13, Rule 57] may be adjudged to the adverse party
1. As where there was no ground for and all damages which he may sustain
attachment, or by reason of the attachment, if the court
2. The affidavit and/or bond filed are shall finally adjudge that applicant was
defective or insufficient. not entitled thereto. [Sec. 4, Rule 57]
c. Judgment is rendered against attaching • Until that determination is made, as to
creditor. [Sec. 19, Rule 57] applicant’s entitlement to attachment,
d. Attachment is excessive; but the discharge his bond must stand and cannot be
shall be limited to the excess. [Sec. 13, withdrawn. [Mindanao Savings &
Rule 57] Loan Association Inc v. CA, G.R. No.
e. Property attached is exempt from 84481 (1989)]
execution.
[1 Regalado 709, 2010 Ed.] Claim for damages on account of improper,
irregular, or excessive attachment
a. When to be filed
1. Before trial, or
Page 173 of 525

2. Before appeal is perfected, or

3. Before the judgment becomes Exception: Even before judgement is
executory entered in favor of the attaching party, the
b. Requirements for damages to be awarded court may order such property to be sold at
1. Due notice to the attaching party and public auction in such manner as the court may
his surety or sureties, direct, and the proceeds of such sale to be
2. Setting forth the facts showing the right deposited in court to abide the judgment in the
of the party to damages and the action whenever it shall be made to appear to
amount thereof. the court in which the action is pending, upon
Note: Damages may be awarded only hearing with notice to both parties, that the:
after the proper hearing, and shall be a. Property attached is perishable, or
included in the judgment on the main b. Interests of all the parties to the action will
case. be subserved by the sale thereof.
[Sec. 20, Rule 57] [Sec. 11, Rule 57]
g. Satisfaction of Judgment Out of If judgement be against the attaching party

Property Attached All the proceeds of sales and money collected
by the sheriff under the order of attachment,
If judgment be in favor of the attaching and all property attached remaining in any such
party sheriff’s hands, shall be delivered to the party
General rule: If judgment be recovered by the against whom attachment was issued. [Sec.
attaching party and execution issue thereon, 19, Rule 57]
the sheriff may cause the judgment to be
satisfied out of the property attached, if it be If proceeds from realization of all property
sufficient for that purpose, in the following attached are not enough to satisfy
manner: judgement
a. By paying to the judgment obligee the If such a scenario happens, the Rules of Court
proceeds of all sales of perishable or other instruct that any balance shall be collected
property sold in pursuance of the order of by the sheriff as upon ordinary execution.
the court, or so much as shall be necessary Whenever the judgement shall have been paid,
to satisfy the judgment the sheriff must return to the judgement debtor
b. If any balance remains due, by selling so any attached property remaining in his hands.
much of the property, real or personal, as [Sec. 16, Rule 57]
may be necessary to satisfy the balance, if
enough for that purpose remain in the Duration of an attachment lien
sheriff’s hands, or in those of the clerk of While the provisions of Rule 57 are silent on
the court the length of time within which an attachment
c. By collecting from all persons having in lien shall continue to subsist after the rendition
their possession credits belonging to the of a final judgment. The lien continues until:
judgment obligor, or owing debts to the a. The debt is paid, or
latter at the time of the attachment of such b. The sale is had under execution issued on
credits or debts, the amount of such credits the judgment, or
and debts as determined by the court in the c. Until the judgment is satisfied, or
action, and stated in the judgment, and d. The attachment discharged or vacated in
paying the proceeds of such collection over the same manner provided by law. [Lim v.
to the judgment obligee. Sps. Lazaro, G.R. No. 185734 (2013)]
The sheriff shall forthwith make a return in h. Compared with Garnishment

writing to the court of his proceedings under and Levy on Execution
this section and furnish the parties with copies
thereof. [Sec. 15, Rule 57]
Page 174 of 525

Kinds of attachment as to availability and

effects Purpose
1. Preliminary attachment - one issued at A writ of preliminary injunction is issued by the
the commencement of the action or at any court to prevent threatened or continuous
time before entry of the judgment as irreparable injury to parties before their
security for the satisfaction of any judgment claims can be thoroughly studied and
that may be recovered in the cases adjudicated and during the pendency of an
provided for by the rules; [Sec. 1, Rule 57] action. [Manila International v. Rivera, 471
2. Levy on execution - writ issued by the SCRA 358 (2005)]
court after judgment by which the property
of the judgment obligor is taken into Nature
custody of the court before the sale of the A preliminary injunction is an equitable
property on execution before the remedy, and one who comes to claim for
satisfaction of a final judgment. [Sec. 8, equity must do so with clean hands. It is to be
Rule 39] [1 Regalado 691, 2010 Ed.] resorted to by a litigant to prevent or preserve
a right where there is a pressing necessity to
Kinds of attachment as to form and avoid injurious consequences which cannot be
procedure of attachment: remedied under any standard of
1. Regular form of attachment – attachment compensation. [Sps. Nisce v. Equitable, G.R.
which refers to attachment of corporeal No. 170038 (2012)]
property in possession of the party
involved. [1 Regalado 691, 2010 Ed.] Moreover, an injunctive writ is not a judgement
2. Garnishment - A kind of attachment in on the merits of the case. A writ of preliminary
which the plaintiff seeks to subject either injunction is generally based solely on initial
the property of the defendant in the hands and incomplete evidence. Thus, the issuance
of a third person called garnishee, to his of a writ of preliminary injunction is
claim or the money which said third person interlocutory in nature. [Recto v. Escaler, 634
owes the defendant; [Virata v. Aquino, G.R. SCRA 180 (2010)]
L-35027 (1973)].
Lastly, the grant or denial of a writ of
4. PRELIMINARY INJUNCTION preliminary injunction is discretionary
because the assessment and evaluation of
evidence involve findings of fact left to the
a. Definitions and Differences:
court’s discretion. Hence, the exercise of
Preliminary Injunction, judicial discretion in injunctive matters must not
Temporary Restraining Order, be interfered with except when there is
And Status Quo Ante Order manifest abuse. [2 Riano 53-54, 2016 Bantam
Ed.]
Preliminary Injunction
Two Kinds: Temporary Restraining Order (TRO)
1. Preliminary Prohibitory Injunction - An order issued to preserve the status quo
commands one to refrain from performing until the hearing of the application for a writ
a particular act or acts. of preliminary injunction because the
2. Preliminary Mandatory Injunction - injunction cannot be issued ex parte. [Bacolod
commands the performance of some Water v. Labayen, 446 SCRA 110 (2004)] By
positive act to correct a wrong made in the its nature, it could be considered as a
past. [Dela Rosa v. Heirs of Valdez, 654 “provisional remedy within a provisional
SCRA 467 (2015)] remedy” because it is issued to preserve the
In both cases, such orders are granted at any status quo for a limited period until the court
stage of an action prior to the judgement or decides to issue a writ of preliminary injunction.
final order of the court. [Sec. 1, Rule 58] [2 Riano 67, 2016 Bantam Ed.]
Page 175 of 525

initiatory pleading and the applicant’s

Status Quo Ante Order (SQAO) affidavit and bond, upon the adverse party
Unlike a TRO or a preliminary injunction, a in the Philippines. However, where the
SQAO is more in the nature of a cease and summons could not be served personally
desist order, since it neither directs the or by substituted service despite diligent
undoing or doing of acts as in the case of efforts, or the adverse party is a resident of
prohibitory or mandatory injunctive relief. A the Philippines temporarily absent
SQAO seeks to only maintain the last, actual, therefrom or is a nonresident thereof, the
peaceable, and uncontested state of things requirement of prior or contemporaneous
which immediately preceded the controversy. service of summons shall not apply.
[Oca v. Custodio, G.R. No. 174996 (2014)] d. The application for a temporary
restraining order shall thereafter be acted
b. Requisites upon only after all parties are heard in a
summary hearing which shall be
Formal requisite for issuance of a writ of conducted within twenty-four (24) hours
preliminary injunction or a TRO after the sheriff’s return of service and/or
A preliminary injunction or temporary the records are received by the branch
restraining order may be granted only selected by raffle and to which the records
a. Upon verified application, showing facts shall be transmitted immediately. [Sec. 4,
entitling the applicant to the relief Rule 58]
demanded, and e. As to a writ of preliminary injunction, the
b. Unless exempted by the court, the court must conduct a hearing. A writ of
applicant files with the court where the preliminary injunction cannot be issued
action or proceeding is pending, a bond without a prior notice and hearing. [Sec. 5,
executed to the party or person enjoined, in Rule 58]
an amount to be fixed by the court, to the • Note: On the other hand, a TRO can be
effect that the applicant will pay to such issued ex parte pursuant to Sec. 5,
party or person all damages which he may Rule 58. [2 Riano 65, 2016 Bantam
sustain by reason of the injunction or Ed.]
temporary restraining order if the court
should finally decide that the applicant was The applicant must establish:
not entitled thereto. Upon approval of the a. The existence of a clear and unmistakable
requisite bond, a writ of preliminary right that must be protected; that is, right in
injunction shall be issued. esse
• If the person enjoined takes exception b. This right in esse is directly threatened by
to the sufficiency of the bond, and there an act sought to be enjoined
is a showing that the applicant’s bond c. A material and substantial invasion of such
is insufficient in amount, the injunction right; and
shall be dissolved. [2 Riano 65, 2016 d. An urgent and paramount necessity for the
Bantam Ed.] writ to prevent serious damage.
c. When an application for a writ of [Dulnuan v. Metrobank, G.R. No. 196864
preliminary injunction or a temporary (2015)]
restraining order is included in a complaint
or any initiatory pleading, the case, if filed Right in esse
in a multiple-sala court, shall be raffled only The applicant's right must be clear or
after notice to and in the presence of the unmistakable, that is, that the right is actual,
adverse party or the person to be enjoined. clear and positive especially calling for judicial
In any event, such notice shall be protection. An injunction will not issue to
preceded, or contemporaneously protect a right not in esse and which may never
accompanied by service of summons, arise or to restrain an act which does not give
together with a copy of the complaint or
Page 176 of 525

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)]
Irreparable injury Kinds of Temporary Restraining Orders

Does not have reference to the amount of 1. 20-day TRO
damages that may be caused but rather to the If it appears from the facts that great or
difficulty of measuring the damages irreparable injury would result to the applicant
inflicted. This includes: before the matter can be heard, the court in
a. That degree of wrong of a repeated and which the application for preliminary injunction
continuing kind which produces hurt, was made may issue ex parte for a period not
inconvenience, or damage that can be exceeding 20 days from service to the party
estimated only by conjecture, and not by sought to be enjoined. [2 Riano 67, 2016
any accurate standard of measurement. Bantam Ed.]
b. Damage where there is no standard by
which their amount can be measured with 2. 72-hour TRO
reasonable accuracy If the matter is of extreme urgency and the
c. A serious charge of, or is destructive to, the applicant will suffer grave injustice and
property it affects, either physically or in the irreparable injury, the executive judge of a
character in which it has been held and multi-sala court or the presiding judge of a
enjoined, or when the property has some single-sala court may issue ex parte a TRO
peculiar quality or use, so that its pecuniary effective for only 72 hours from issuance, not
value will not fairly recompense the owner from service (the latter being the reckoning
of the loss thereof. point for the 20-day TRO).
If full compensation can be obtained, by way of
damages, equity will not favor the remedy of Within this period, a summary hearing to
injunction. [Social Security Commission v. determine whether to extend the TRO to 20
Bayona, G.R. No. L-13555 (1962)] days must be conducted. The 72-hour period
shall be included in the maximum 20-day
c. Kinds of Injunctions; Kinds of period set by the Rules. [2 Riano 68, 2016
Temporary Restraining Orders Bantam Ed.]
Kinds of Preliminary injunctions d. When Writ May Be Issued,

a. Preliminary injunction – an order granted When Writ May Not Be Issued
at any stage of an action or proceeding
prior to the judgment or final order, When: At any stage of an action or proceeding
requiring a party or a court, agency or a prior to the judgment or final order. [Sec. 1,
person to refrain from a particular act or Rule 58]
acts.
b. Preliminary mandatory injunction – By whom: By the court where the action or
requires the performance of a particular act proceeding is pending. If the action or
or acts [Sec. 1, Rule 58] proceeding is pending in the CA or in the SC, it
may be issued by said court or any member
A preliminary mandatory injunction may also thereof. [Sec. 2, Rule 58]
issue in cases where the relative
inconvenience bears strongly in the requesting Note: Being preliminary, an order granting a
party’s favor, and where the effect of the preliminary injunction need not clearly and
mandatory injunction is to re-establish and distinctly state the findings of fact and
maintain a pre-existing continuing relation conclusions of law on which it is based. [UCPB
between the parties, which was recently and v. United Alloy Phils. Corp., G.R. No. 152238
arbitrarily interrupted by another party, rather (2005)]
than to establish a new relationship between
Page 177 of 525

When not allowed of during the litigation would probably work

1. Under RA 8975 (An Act to Ensure the injustice to the applicant, or
Expeditious Implementation and c. A party, court, agency or a person is doing,
Completion of Government Infrastructure threatening, or is attempting to do, or is
Projects); procuring or suffering to be done, some act
or acts probably in violation of the rights of
Rationale: Injunctions and restraining the applicant respecting the subject of the
orders tend to derail the implementation action or proceeding, and tending to render
and completion of government the judgment ineffectual. [Sec. 3, Rule 58]
infrastructure projects. [2 Riano 72-73,
2016 Bantam Ed.] f. Grounds for Objection To, or for
the Dissolution of Injunction or
2. Under the Rule of Procedure in Restraining Order
Environmental Cases, no court can issue
a TRO or a preliminary injunction against
a. Upon a showing of its insufficiency
lawful actions of government agencies that
• An application for injunction may be
enforce environmental laws. [Sec. 10, Rule
considered insufficient if it is not
2, Part II, AM No. 09-6-8-SC]
verified and supported by any of the
3. No TRO or injunction in any case
grounds for its issuance under Sec. 3
involving or growing out of a labor
of Rule 58 OR if it is not supported by
dispute shall be issued by any court
the required bond under Sec. 4 of Rule
except as otherwise provided in Arts. 218
58. [2 Riano 82, 2016 Bantam Ed.]
and 264 of the Labor Code. It is the NLRC
b. Other grounds upon affidavits of the
which may grant injunctive relief. [Ravago
party or person enjoined, which may be
v. Esso, 453 SCRA 381 (2005)]
opposed by the applicant also by affidavits
4. No court shall have the authority to grant
c. If it appears after hearing that although the
injunction to restrain the collection of any
applicant is entitled to the injunction or
national internal revenue tax except
restraining order, the issuance or
when special circumstances warrant.
continuance thereof, as the case may
[Sarasola v. Trinidad, 40 Phil. 252 (1919)]
be, would cause irreparable damage to
5. An injunction cannot be issued against
the party or person enjoined while the
consummated acts. The established
applicant can be fully compensated for
principle is that when the events sought to
such damages as he may suffer, and the
be prevented have already happened,
former files a bond in an amount fixed by
nothing more could be enjoined. [Ramos
the court conditioned that he will pay all
Sr. v. CA, 173 SCRA 550 (1989)]
damages which the applicant may suffer by
the denial or the dissolution of the
e. Grounds for Issuance of injunction or restraining order.
Preliminary Injunction • If the bond of the adverse party is found
to be insufficient, the injunction shall be
A preliminary injunction may be granted when granted or restored. [2 Riano 65, 2016
it is established that: Bantam Ed.]
a. The applicant is entitled to the relief
demanded, and the whole or part of such Note: If it appears that the extent of the
relief consists in restraining the preliminary injunction or restraining order
commission or continuance of the act or granted is too great, it may be modified.
acts complained of, or in requiring the [Sec. 6, Rule 58]
performance of an act or acts, either for a
limited period or perpetually
b. The commission, continuance or non-
performance of the act or acts complained
Page 178 of 525

g. Duration of Temporary any initiatory pleading, the case, if filed in a

Restraining Orders multiple-sala court, shall be raffled only after
notice to and in the presence of the adverse
Rule on non-extendibility party or the person to be enjoined. In any
In the event that the application for event, such notice shall be preceded, or
preliminary injunction is denied or not contemporaneously accompanied by
resolved within the said period, the TRO is service of summons, together with a copy of
deemed automatically vacated. the complaint or initiatory pleading and the
applicant’s affidavit and bond, upon the
The effectivity of a TRO is not extendible adverse party in the Philippines.
without need of any judicial declaration to that
effect, and no court shall have authority to Exceptions: The requirement of prior or
extend or renew the same on the same ground contemporaneous service of summons
for which it was issued. [Sec. 5, Rule 58] shall not apply:
a. The summons could not be served
Duration differs as per court issuing the personally or by substituted service despite
TRO diligent efforts, or
1. If issued by the RTC - The rule against b. The adverse party is a resident of the
non-extendibility of the 20-day Philippines temporarily absent therefrom or
effectiveness of a TRO is absolute. [2 is a nonresident thereof
Riano 68, 2016 Bantam Ed.] [Sec. 4, Rule 58]
2. If issued by the CA - A TRO may be
issued by the CA or any member thereof. If Grant of final injunction
so issued, it shall be effective for 60 days If after the trial of the action it appears that the
from service on the party or person sought applicant is entitled to have the act or acts
to be enjoined. A TRO issued by the CA complained of permanently enjoined, the court
has a non-extendible lifetime of 60 days shall grant a final injunction perpetually
and automatically expires on the 60th day restraining the party or person enjoined from
without need of judicial declaration. [2 the commission or continuance of the act or
Riano 70, 2016 Bantam Ed.] acts or confirming the preliminary mandatory
3. If issued by the SC - A TRO issued by the injunction. [Sec. 9, Rule 58]
SC shall be effective until further orders.
[2 Riano 71, 2016 Bantam Ed.] 5. RECEIVERSHIP
When main case to be decided Receiver
The trial court, the CA, the Sandiganbayan, or A person appointed by the court on behalf of
the CTA that issued the preliminary injunction all the parties to the action for the purpose of
against a lower court, board, officer, or quasi- preserving and conserving the property in
judicial agency shall decide the main case or litigation and preventing its possible
petition within 6 months from the issuance destruction or dissipation if it were left in the
of the writ. [Sec. 5, Rule 58] possession of any of the parties. [Normandy v.
Duque, G.R. No. L-25407 (1969)]
h. Rule on Prior or
Contemporaneous Service of A receiver is not an agent of any party to the
Summons in Relation to action. He is an officer of the court exercising
his functions in the interest of neither plaintiff
Attachment
nor defendant but for the common benefit of all
the parties in interest. [2 Riano 87-88, 2016
General rule: When an application for a writ
Bantam Ed.]
of preliminary injunction or a temporary
restraining order is included in a complaint or
Page 179 of 525

Purpose b. When it appears in an action by the

Receivership, like injunction, may be the mortgagee for the foreclosure of a
principal action itself or just an ancillary mortgage that the property is in danger of
remedy. [1 Regalado 745, 2010 Ed.] being wasted or dissipated or materially
injured, and that its value is probably
The purpose of a receivership as a provisional insufficient to discharge the mortgage debt,
remedy is to protect and preserve the rights or that the parties have so stipulated in the
of the parties during the pendency of the main contract of mortgage;
action, during the pendency of an appeal, or as c. After judgment, to preserve the property
an aid in the execution of a judgment when the during the pendency of an appeal, or to
writ of execution has been returned unsatisfied. dispose of it according to the judgment, or
[Ysasi v. Fernandez, G.R. L-28593 (1968); 2 to aid execution when the execution has
Riano 129, 2012 Ed.] been returned unsatisfied or the judgment
obligor refuses to apply his property in
Unlike the other provisional remedies which satisfaction of the judgment, or otherwise
can be availed of only before final judgment, to carry the judgment into effect;
receivership may be resorted to even after d. Whenever in other cases it appears that
the judgment has become final and the appointment of a receiver is the most
executory, under Sec. 1(c), Rule 59 in relation convenient and feasible means of
to Sec. 41, Rule 39. [1 Regalado 747, 2010 preserving, administering, or disposing
Ed.] of the property in litigation.
[Sec. 1, Rule 59]
The receivership under Rule 59 is directed to
the property which is the subject of the Specific cases
action and does not refer to the receivership a. If a spouse without just cause abandons
authorized under banking laws and other rules the other or fails to comply with his/her
or laws. Rule 59 presupposes that there is an obligations to the family, the aggrieved
action and that the property subject of the spouse may petition the court for
action requires its preservation. [2 Riano 128, receivership [Art. 101, FC]
2012 Ed.] b. The court may appoint a receiver of the
property of the judgment obligor; and it may
The guiding principle is the prevention of also forbid a transfer or other disposition of,
imminent danger to the property. If an action or any interference with, the property of the
by its nature does not require such protection judgment obligor not exempt from
or preservation, said remedy cannot be applied execution [Sec. 41, Rule 39]
for and granted. [Commodities Storage v. CA, c. After the trial court loses jurisdiction over
G.R. No. 125008 (1997)] the case (in appeals by notice of appeal) or
only over the subject matter (in appeals by
a. Cases When Receiver May Be record on appeal), and prior to the
Appointed transmittal of the original record or the
record on appeal, the court may issue
a. When it appears from the verified orders for the protection and preservation
application, and such other proof as the of the rights of the parties [Sec. 9, Rule 41],
court may require, that the party applying including necessarily the authority to
for the appointment of a receiver has an appoint a receiver who has the power to
interest in the property or fund which is the take and keep possession of the property
subject of the action or proceeding, and in controversy [Acuña v. Calauag, G.R. No.
that such property or fund is in danger of L-10736 (1957)]
being lost, removed, or materially d. After final judgment, a receiver may be
injured unless a receiver be appointed to appointed as an aid to the execution of
administer and preserve it;
Page 180 of 525

judgment [Philippine Trust Company v.

Santamaria, G.R. 31951 (1929)] d. General Powers of a Receiver
e. Appointment of a receiver over the property
in custodia legis may be allowed when it is Powers of a receiver
justified by special circumstances, as when Subject to the control of the court in which the
it is reasonably necessary to secure and action or proceeding is pending, a receiver
protect the rights of the real owner [Dolar v. shall have the power to
Sundiam, G.R. No. 27361 (1971)] a. Bring and defend, in such capacity, actions
in his own name
Who appoints a receiver b. Take and keep possession of the property
a. Court where the action is pending in controversy
b. CA c. Receive rents
c. SC d. Collect debts due to himself as receiver or
d. During the pendency of an appeal, the to the fund, property, estate, person, or
appellate court may allow an application for corporation of which he is the receiver
the appointment of a receiver to be filed in e. Compound for and compromise the same
and decided by the court of origin f. Make transfers
[Sec. 1, Rule 59] g. Pay outstanding debts
h. Divide the money and other property that
b. Requisites shall remain among the persons legally
entitled to receive the same
Requisites for appointment of a receiver i. Generally to do such acts respecting the
a. Verified application filed by the party property as the court may authorize
requesting for the appointment of the j. Invest funds in his hands, only by order of
receiver [Sec. 1, Rule 59] the court upon the written consent of all the
b. The grounds stated in Sec. 1, Rule 59 parties
enumerated in Part D.1 of this (Provisional [Sec. 6, Rule 59]
Remedies) reviewer.
c. Application must be with notice and must Liability for refusal or neglect to deliver
be set for hearing; property to receiver
d. Before appointing a receiver, the court a. May be punished for contempt, and
shall require the applicant to post a bond b. Shall be liable to the receiver for the money
executed to the party against whom the or the value of the property and other things
application is presented, in an amount to so refused or neglected to be surrendered,
be fixed by the court. [Sec. 2, Rule 59] together with all damages that may have
e. Before entering upon his duties, the been sustained by the party or parties
receiver must be sworn to perform his entitled thereto as a consequence of such
duties faithfully and shall file a bond, refusal or neglect
executed to such person and in such sum [Sec. 7, Rule 59]
as the court may direct [Sec. 4, Rule 59]
Remedies against the receiver
c. Requirements Before Issuance An aggrieved party may:
of an Order 1. Take the matter into the court which
appointed the receiver and ask either for an
Oath and bond of receiver accounting or take some other proceeding,
Before entering his duties, the receiver shall and ask for consequent judgment on the
be sworn to perform them faithfully, and acts complained of; or
shall file a bond, executed to such person and 2. Ask for leave of court to bring him an action
in such sum as the court may direct, to the directly
effect that he will faithfully discharge his duties.
Page 181 of 525

Note: Any action filed against a receiver f. Termination of Receivership

without the required judicial authority may
be dismissed through the allegation of Ground
failure to comply with a condition precedent The necessity for a receiver no longer exists.
as an affirmative defense to the action. [2 [Sec. 8, Rule 59]
[De la Riva v. Molina Salvador, G.R. L-10106 Procedure
(1915)] 1. The court shall determine that the
necessity for a receiver no longer exists
e. Two Kinds of Bonds a. Motu proprio or
b. On motion of either party
a. Applicant’s bond 2. Due notice should be given to all interested
1. Executed to the party against whom parties
the application is presented 3. Hearing shall be conducted
2. In an amount to be fixed by the court 4. After due notice and hearing, the court
3. To the effect that the applicant will pay shall
such party all damages he may sustain a. Settle the accounts of the receiver
by reason of the appointment in case b. Direct the delivery of the funds and
the applicant shall have procured such other property in his possession to the
without sufficient cause the court may, person adjudged to be entitled to
in its discretion, at any time after the receive them, and
appointment, require an additional c. Order the discharge of the receiver
bond as further security for such from further duty as such
damages. [Sec. 2, Rule 59] d. Allow the receiver such reasonable
b. Receiver’s bond compensation as the circumstances of
1. Before entering upon his duties the case warrant, to be taxed as costs
2. Executed to such person and against the defeated party, or
3. In such sum as the court may direct apportioned, as justice requires.
4. To the effect that he will faithfully [Sec. 8, Rule 59]
discharge his duties in the action or
proceeding and obey the orders of the 6. REPLEVIN
court. [Sec. 4, Rule 59]
Replevin is the provisional remedy seeking for
Counterbond on opposition for the possession of the property prior to the
appointment of a receiver determination of the main action for
The party against whom the application for replevin. [BA Finance Corp. v. CA, G.R. No.
appointment of a receiver may oppose the 102998 (1996)]
application or ask for the discharge of a
receiver already appointed. To make a Replevin may also be a main action with the
successful opposition, such party should file a ultimate goal of recovering personal property
bond: capable of manual delivery wrongfully detained
a. Executed to the applicant, by a person. In this sense, it is a suit in itself.
b. In an amount to be fixed by the court, [BA Finance Corp. v. CA, G.R. No. 102998
c. To the effect that such party will pay the (1996)]
applicant all damages he may suffer by
reason of acts, omissions, or other matters
specified in the application as ground for
such appointment. [Sec. 3, Rule 59]
Page 182 of 525

Preliminary judgment [Sec. 1, Rule

Replevin
attachment 57]
The purpose is to The purpose is to have Bond is double
recover personal the property put in the the value of the Bond is fixed by the
property capable custody of the court to property [Sec. court [Sec. 4, Rule 57]
of manual secure the satisfaction 2(d), Rule 60]
delivery from the of the judgment that
defendant [1 may be rendered in a. When May Writ Be Issued
Regalado 753, favor of the plaintiff
2010 Ed.] [Sec. 1, Rule 57] A party praying for the recovery of possession
The property of personal property may, at the
either belongs to commencement of the action or at any time
The property does not before answer, apply for an order for the
the plaintiff or one
belong to the plaintiff delivery of such property to him. [Sec. 1, Rule
over which the
but to the defendant [1 60]
plaintiff has a
Regalado 753, 2010
right of Scope of Title of Applicant
Ed.]
possession [Sec. An applicant need not be the holder of legal
2, Rule 60] title to the property in question. It is in the
May be sought nature of a possessory action. It is sufficient
only when the Available even if that at the time he applied for a writ of replevin
principal action is recovery of property is he is found to be entitled to a possession
for the recovery only incidental to the thereof. [Chiao Liong v. CA, G.R. No. 106251
of personal relief sought [1 (1993)]
property [1 Regalado 753, 2010
General rule: Primarily, the action of replevin
Regalado 753, Ed.]
determines nothing more than the right of
2010 Ed.]
possession.
Can be sought
only when the Exception: When the title to the property is
defendant is in May be resorted to even distinctly put in issue by the defendant's plea,
actual or if property is in the question of ownership may be resolved in
constructive possession of a third the same proceeding. [Chiao Liong v. CA, G.R.
possession of the person [1 Regalado No. 106251 (1993)]
property [1 753, 2010 Ed.]
Regalado 753, Where replevin writ was improperly
2010 Ed.] implemented
Cannot be The proper remedy to an improperly
implemented writ of replevin is to file a motion
availed of when
to quash. [Siy v. Tomlin, G.R. No. 205998
property is in
Can be availed of when (2017)]
custodia legis
property is in custodia
[Montesa v. But failure of a party to file a motion to quash
legis [Sec. 7, Rule 57]
Manila Cordage. does not prevent a party from assailing the
G.R. L-44537 improper service via a petition for certiorari.
(1978)] The trial court is deemed to have acted without
Available before or in excess of its jurisdiction if improperly
Available from served. It must restore the parties to their
defendant
commencement but former positions by returning the seized
answers [Sec. 1,
before entry of
Rule 60]
Page 183 of 525

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
Page 184 of 525

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.
Delivery of the property Judgment

The property shall be delivered to the After trial of the issues, the court shall
applicant, determine who has the right of possession to
1. If within 5 days after the taking of the and the value of the property and shall render
property by the sheriff, the adverse party judgment for the delivery of:
does not object to the sufficiency of a. The property itself to the party entitled to
a. the bond, or the same, or
b. of the surety or sureties thereon; or b. Its value in case delivery cannot be made,
2. If the adverse party so objects and the and
court affirms its approval of the applicant’s c. For such damages as either party may
bond or approves a new bond, or prove, with costs.
3. If the adverse party requires the return of [Sec 9, Rule 60]
the property but his bond (redelivery bond)
is objected to and found insufficient and he Recovering damages on an applicant’s
does not forthwith file an approved bond, bond
Requirements
If for any reason the property is not delivered a. The defendant claimant has secured a
to the applicant, the sheriff must return it to the favorable judgment the main action,
adverse party. [Sec. 6, Rule 60] meaning that the plaintiff has no cause of
action and was not entitled to the
ii. When Property Claimed by Third replevin;
Party b. The application for damages, showing
claimant’s right thereto and the amount
If the property taken is claimed by any person thereof, be filed in the same action before
other than the party against whom the writ of trial or before appeal is perfected or before
replevin had been issued or his agent, the the judgment becomes executory;
sheriff shall not be bound to keep the c. Due notice be given to the other party and
property under replevin or deliver it to the his surety or sureties, notice to the principal
applicant if: not being sufficient;
1. The third party makes an affidavit of his d. A proper hearing and the award for
title or right to the possession damages should be included in the final
2. Stating the grounds therefor, and judgment.
3. Serves such affidavit upon the sheriff while [DBP v. Carpio, G.R. No. 195450 (2017)]
he has possession of the property and a
copy thereof upon the applicant. Note: DBP v. Carpio states that the same
requirements apply when recovering
Page 185 of 525

damages under other provisional remedies, b. Human Security Act

as provided in Sec. 20, Rule 57; Sec. 8, Rule
58 and Sec. 9, Rule 59. Seizure of assets
A seizure and sequestration of assets of
Even where the judgment is that the defendant certain persons are authorized including those
is entitled to the property, but no order was of a person “suspected” of terrorism as defined
made requiring the plaintiff to return it or in the law. [Sec. 39]
assessing damages in default of return, there
could be no liability on the part of the sureties Travel restriction
until judgment was entered that the property The right to travel of the person charged may
should be restored. [Sapugay et. al. v. CA, G.R. be subjected to restrictions even before
No. 86792 (1990)] judgement under certain conditions. [Sec. 26]
7. PROVISIONAL REMEDIES Examination of bank deposits

The bank deposits, accounts, and records,
AND INTERIM RELIEFS among others, of a person charged or
UNDER SPECIAL LAWS AND suspected of a crime defined under the HSA
RULES may be examined under certain conditions, the
provisions of the Secrecy of Bank Deposits
a. Provisional Remedies of the Law notwithstanding. [Sec. 27]
Family Courts
1. Anti-violence Against Women and Children
R.A. 8369 provides for certain provisional Act
remedies described in the law as special
provisional remedies. [2 Riano 111, 2016 Certain interim reliefs may be availed of under
Bantam Ed.] R.A. 9262 even before or in the absence of a
decree of legal separation, annulment or
Restraining order declaration of absolute nullity of marriage and
In case of violence among the immediate for the protection of women and their children.
members of the family living in the same [2 Riano 114-115, 2016 Bantam Ed.]
domicile, the Family Court may issue a
restraining order against the accused or Protection order
defendant if the complainant or victim files a A protection order is an order issued for the
verified application for relief from abuse. [Sec. purpose of preventing further acts of violence
7, RA 8369] against a woman or her child as specified in the
law and granting the necessary relief.
Temporary custody The protection orders under R.A. 9262 are of
In all civil actions for the custody of children, two kinds, namely:
the court may order the temporary custody of 1. Temporary Protection Order - issued by
the children. [Sec. 7, R.A. 8369] the court on the date of filing of the
application after ex parte determination
Support pendente lite that such order should be issued. A court
In all civil actions for support, the court may may grant in a TPO any, some, or all of the
also order support pendente lite, deduction reliefs mentioned in the Act and shall be
from the salary, and use of the conjugal home. effective for 30 days.
[Sec. 7, R.A. 8369] 2. Barangay Protection Order - issued by
the Punong Barangay or any available
Barangay Kagawad ordering the
perpetrator to desist from committing acts
Page 186 of 525

described in the law. When issued, they Lifting of PHDO

shall be effective for 15 days. In order to have the PHDO temporarily lifted,
[2 Riano 115-116, 2016 Bantam Ed.] the respondent may:
a. File a verified motion
c. Anti-Money Laundering Act b. Based on meritorious grounds:
1. There is doubt that probable cause
Freezing of monetary instrument or exists in issuing the PHDO, or
property 2. It is shown that he is not a flight risk
The CA, upon application ex parte by the Anti- c. Post a bond. [Sec. 7]
Money Laundering Council (AMLC) and after
determination that probable cause exists that
any monetary instrument or property is in any E. SPECIAL CIVIL
way related to money laundering, may issue a
freeze order effective immediately. [Sec. 10]
ACTIONS
Authority to inquire into bank deposits 1. NATURE OF SPECIAL CIVIL
The AMLC may inquire into or examine any ACTIONS
particular deposit or investment with any
banking institution or non-bank financial Special civil actions are generally brought or
institution upon order of any competent court in
filed for the same purpose as a civil action, that
cases of violation of this Act, when it has been is, for a party to sue another for the
established that there is probable cause that
enforcement of a right, or the prevention or
the deposits or investments are related to
redress of a wrong. [1 Riano 495, 2007 Ed.]
unlawful activities as defined in this law. [Sec.
11]
A special civil action is governed by the rules
for ordinary civil actions, subject to the special
d. Financial Rehabilitation and rules prescribed for a special civil action. [Sec.
Insolvency Act 3(a), Rule 1]
Upon the issuance of a Commencement Order,

such shall include a Stay or Suspension
2. DISTINGUISH: ORDINARY
Order which shall: CIVIL ACTIONS AND
1. Suspend all actions or proceedings, in SPECIAL CIVIL ACTIONS
court or otherwise, for the enforcement of
claims against the debtor; Ordinary civil
2. Suspend all actions to enforce any Special civil action
action
judgment, attachment or other provisional
A party sues A party also files the
remedies against the debtor;
another for the action for the
3. Prohibit the debtor from selling,
encumbering, transferring or disposing in enforcement or enforcement or
any manner any of its properties except in protection of a right protection of a right or
the ordinary course of business; and or prevention or prevention or redress
4. Prohibit the debtor from making any redress of a wrong. of a wrong. [1 Riano
payment of its liabilities outstanding as of [Sec. 3(a), Rule 1] 495, 2007 Ed.]
the commencement date except as may be Also governed by
provided herein. [Sec. 16(q)] Governed by the ordinary rules but
ordinary rules. subject to specific
e. Precautionary Hold Departure [Sec. 3, Rule 1] rules prescribed. [Sec.
Orders 3, Rule 1]
Page 187 of 525

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U.P.

LAW BOC CIVIL PROCEDURE REMEDIAL LAW

b. Rules of procedure of special courts and

A. GENERAL PRINCIPLES The SC has the sole prerogative to amend,

The overarching aim of procedure is to achieve 3. Nature of Philippine Courts

Special Courts: A constitutionally-mandated court refers to

When not applicable

b. Distinguish: General and 2. Doctrines of Hierarchy of

CONCURRENT ORIGINAL JURISDICTION 3. With Sandiganbayan

b. Court of Appeals APPELLATE JURISDICTION

2. By petition for review Trial Courts, in their respective

of the Commissioner of Customs which panlungsod, city treasurers,

section 4 (as amended) in relation to their An action to nullify a Deed of

Lastly, an action for specific d. All actions involving the contract of

cases, agrarian cases, urban land reform g. Metropolitan Trial Courts,

SPECIAL JURISDICTION 4. Aspects of Jurisdiction

ii. How jurisdiction over the Exercise of Jurisdiction is the exercise of

i. Meaning of Jurisdiction over the Consequences of rule that jurisdiction is

iv. Distinguish: Doctrine of Primary k. When strong public interest is involved,

When it appears from the pleadings or Note: Tijam v. Sibonghanoy must be

vii. Effect of Estoppel on Objection to c. Jurisdiction over the Issues

Jurisdiction over the res refers to the court’s 5. Distinguish: Error of

How Acquired: Error of Judgment presupposes that the court

The Revised Rules shall govern the procedure Except:

b. 2. Meaning of Criminal Actions Real Action Personal Action

f. Local and Transitory Actions

Local Action Transitory Action

g. Actions in rem, in personam,

Why distinction is important

Actions in rem, in personam, and quasi in rem

Action in rem Action in personam Action quasi in rem

3. Cause of Action who has committed a primary rights of the

b. Distinguish: Right of Action and The complaint must contain a concise

How to determine existence of cause of

An erroneously joined cause of action may, on c. Corporations, partnerships, and

sued in a representative capacity, or the legal Remedies for the Plaintiff

If the suit is not brought in the name of or A representative may be a trustee of an

shall be deemed to be the real party in interest. v. Indigent Parties

lawful fees shall inconsistent with a right to relief against the

Right to intervene There is no class suit in an action for damages

Examples of Class Suits Requisites

Not a Class Suit

Action of court upon notice of death Summons not necessary

Prior to the Amended Rules, evidentiary facts ii. Answer

a. Kinds of pleadings and when Note: A general denial is considered as an

i. Complaint There are three kinds of specific denials,

admission. It refers to a denial which implies Compulsory Permissive

shall be contained therein. [Rule 11, incompatible remedies. If he files a motion to

The filing of a motion to dismiss and the

Determining whether a counterclaim is oversight, inadvertence, or excusable neglect.

3. Effect on counterclaim when Improper cross-claims

However, an exception to this would be a Requisites

denial or avoidance of the new matters alleged Forms

5. Motion for extension of time to file c. Parts and Contents of a

The pleading shall specify the relief sought, but

General Rule: It is a settled rule that a court On whom sanction imposed:

4. MCLE Certificate of Compliance, or

Every pleading stating a party's claims or d. Allegations in a pleading