20 Feb 2023

LECTURE ON CIVIL PROCEDURE Preliminary Matters

for
⚫Remedial law vs. Substantive Law
2021 Bar Examination
◦ Substantive law creates, defines, and regulate
Preliminary Matters right concerning life, liberty, and property
(Primicias vs. Ocampo, 93 Phil. 446) while
JUDGE GENER M. GITO, LL.M., D.C.L. remedial law lays down the methods by which
Presiding Judge, RTC-206 Muntinlupa City
Professor I, Philippine Judicial Academy
those rights or obligations arising from
Bar Review Lecturer substantive law are protected, enforced and
Professor of Law
given effect (Bustos vs. Lucero, 81 Phil. 640).

Rule Making Power of Supreme Court Please take NOTE: Limitations of the Rule Making Power
⚫ Section 5 paragraph (5), Article VIII. ( Code: 4P ALI) ⚫ The rule making power of SC is exclusive. It is not shared ⚫The rules shall provide a simplified and
⚫ Subjects of the Rule-making power of SC with Congress, more so with the executive (Echegaray inexpensive procedure for the speedy disposition
vs. Secretary of Justice, 301 SCRA 96,112).
◦ Protection and enforcement of the constitutional rights of cases.
◦ Pleading ⚫ SC has the power to amend and suspend rules (Neypes
vs. CA, 469 SCRA 633, 643-644). ⚫The rules shall be uniform for all courts of the
◦ Practice
◦ Procedure in all courts ⚫ Estipona vs. Lobrigo, GR 226679, August 15, 2017 same grade;
◦ Admission to practice of law – constitutionality of Section 23, RA 9165 on plea ⚫The rules shall not diminish, increase, or modify
◦ Integrated bar bargaining. (Plea Bargain is procedural, Congress cannot substantive rights
◦ Legal assistance to under privileged
encroach on the rule making power of the Supreme
Court). ⚫(Section 5(5), Article VIII)
 20 Feb 2023

Doctrine of Hierarchy of Courts Exceptions to the Doctrine Doctrine of Non-Interference

⚫ 1. When there are special and important reasons clearly
⚫Under the doctrine of hierarchy of courts, ⚫ The doctrine of non-interference holds that the courts
stated in the petition.
where courts have concurrent jurisdiction over of equal and coordinate jurisdiction cannot interfere with
⚫ 2. When dictated by public welfare and advancement of
public policy. each other’s order (Lapu-Lapu Development and
the subject matter, such concurrence of
⚫ 3. When demanded by the broader interest of justice. Housing Corp. vs. Group Management Corp., 388
jurisdiction does not grant the party seeking ⚫ 4. When the challenged orders were patent nullities. SCRA 493, 508).
relief the absolute freedom to file the case in ⚫ 5. When analogous exceptional and compelling ⚫ Thus, RTC has no power or authority to nullify or enjoin
circumstances called for and justified the immediate and
court of his choice. Pursuant to the doctrine, direct handling by the Court. the enforcement of a writ of possession issued by
the case must be filed first to the lowest court ⚫ 6. When there are genuine issues of constitutionality that another RTC (Suico Industrial Corporation vs. CA,
possible, having appropriate jurisdiction. must be addressed at the most immediate time. 301 SCRA 212, 213).

Does the doctrine apply to administrative

bodies?
Doctrine of Adherence to Jurisdiction Schema of a Civil Case
⚫YES. ⚫It means that ones jurisdiction has attached, it
⚫When the law provides for an appeal from the cannot be ousted by subsequent happenings or
decision of an administrative body to the SC or events, although of a character which would have Complaint Summons Answer Pre-Trial

CA, it means that such body is co-equal with the prevented jurisdiction from attaching in the first
instance. The court, once jurisdiction has been
RTC in terms of rank and stature, and logically
acquired, retains that jurisdiction until it finally
beyond the control of the latter (Philippine Execution
Post judgment
Judgment Trial
disposes of the case (Bantua vs. Mercader, 350 remedies
Sinter Corp. vs. Cagayan Electric Power
SCRA 86; Padlan vs. Dinglasan, 694 SCRA 91,
and Light Co, 381 SCRA 582, 591) 98-99).
 20 Feb 2023

Procedural Incidents in Every Stage Procedural Incidents in Every Stage Procedural Incidents in Every Stage
Cause of Summons
action
• Motion for bill of particulars Post judgment
Provisional Trial Judgment Execution
remedies
Jurisdiction • Motion to dismiss remedies

Answer
Before
Complaint Demurrer
Preparation of
• Default finality
the complaint Venue • Counterclaim, cross-claim, third-party, reply, intervention

Pre-trial After
Prescription finality
and conditions
precedent
Parties • Effect of non-appearance
• Effect of non-filing of pre-trial brief

Original Jurisdiction vs. Appellate

Jurisdiction, meaning
Jurisdiction
⚫ It
is the power and authority of the court to hear,
JURISDICTION try, and decide the case (Continental Micronesia, Inc.,
vs. Basco, GR Nos. 178382-83, September 23, 2015;
⚫ Original jurisdiction means jurisdiction to take cognizance
of a cause at its inception, try it and pass judgment upon the
law and facts (Cubero v. Laguna West Multi-Purpose
and Barangay Mayamot vs. Antipolo City, GR No. 187349,
August 17, 2016).
Cooperative, Inc., G.R. No. 166833, November 30,
2006, 509 SCRA 410, 416).
VENUE ⚫ Jurisdiction of the court includes the authority to ⚫ Appellate jurisdiction means the authority of a court
execute its decision. It includes the power of the higher in rank to re-examine the final order or judgment of a
lower court which tried the case now elevated for judicial
court to control the execution of its decision review. (LBP vs. Dalauta, G.R. No. 190004, August 8,
(Echegaray vs. Secretary of Justice, 301 SCRA 96, 108). 2017).
 20 Feb 2023

General Jurisdiction vs. Special Exclusive Jurisdiction vs. Concurrent

Aspects of jurisdiction
Jurisdiction Jurisdiction
⚫General jurisdiction means the power of ⚫Exclusive jurisdiction means no other courts or Jurisdiction over the subject matter
the court or tribunal jurisdiction to hear, try tribunal has the same jurisdiction over a particular
and decide all kinds of cases except those case.
Jurisdiction of the parties
prohibited by law.
⚫Concurrent jurisdiction means equal jurisdiction
to deal with the same subject matter (Begnaen vs. Jurisdiction over the issues of the case
⚫Special jurisdiction means the power of
Spouses Caligtan, G.R. No. 189852, August
the court to hear, try and decide certain type 17, 2016). Jurisdiction over the res or thing involved in
of cases. litigation

Effect of lack of jurisdiction over the How is jurisdiction over the subject
A. Jurisdiction over the subject matter
subject matter matter conferred?
⚫ The Court may dismiss the case (Sec. 1, Rule 9; ⚫ Jurisdiction over the subject matter is conferred
⚫Jurisdiction over the subject matter is referred to Bureau of Customs vs. Devanadera, GR No. 193253, by law which may either be the Constitution or a
September 8, 2018). statute (City of Dumaguete vs. PPA, 659 SCRA 102,
as the power of a particular court to hear the type ⚫ The judgment is void (Tagalog vs. Lim Vda de Gonzalez,
of case that is then before it. The term also refers GR No. 201286, July 18, 2014). 119). Only statute can confer jurisdiction (BF
to the jurisdiction of the court over the class of ⚫ If the jurisdictional defect is apparent on the face Homes, Inc., vs Meralco, 636 SCRA 495, 510).
of the record, it may be subject to collateral attack ⚫ NOTE:
cases to which a particular case belongs (De (Tagalog vs. Lim Vda de Gonzalez, GR No. 201286, July 18,
⚫ If one wants to know the jurisdiction of the court, he
Pedro vs. Romasan Development, GR No. 2014).
⚫ The judgment is no judgment at all (Ga, Jr., vs. must look into the law on jurisdiction not the rules of
194751, Nove,ber 26, 2014).
Tubungan, 600 SCRA 736). court or any procedural rule.
 20 Feb 2023

If jurisdiction over the subject matter is How is jurisdiction over the subject
THUS:
conferred by law, then: matter determined?
⚫ Caption of the case is not controlling (Sps. Erotica
⚫ It cannot be subject of agreement of the parties. ⚫ Itis determined by the allegations in the complaint,
as well as by the character of the relief sought
vs. Sps. Dumlao, GR no. 195477, January 25, 2916).
⚫ It cannot be acquired, waived, enlarged, or diminished by
(Geronimo vs. Calderon, GR No. 201781, December 10, ⚫ Defenses and evidence do not determine
any act or omission of the parties.
2014; Cabling vs. Dangcalan, GR No. 187696, June 15, 2016). jurisdiction (Balibago Faith Baptis Church, Inc., Faith
⚫ It cannot be conferred by acquiescence by the court.
⚫ This is regardless of whether or not the plaintiff is in Christ Jesus Baptist church, GR No. 191527, August
⚫ READ: entitled to recover all or some of the claims or 22, 2016).
⚫ Republic vs. Estipular, 336 SCRA 333, 340 reliefs sought therein (Continental Micronesia, Inc., vs.
Basco, GR Nos. 178382-83, September 23, 2015; Barangay ⚫ The amount awarded does determine
⚫ De Jesus vs. Garcia, 19 SCRAS 554, 558 Mayamot vs. Antipolo City, GR No. 187349, August 17, jurisdiction (Dionisio vs. Sison Puerto, 60 SCRA 471,
⚫ Arranza vs. BF Homes, 336 SCRA 333, 340 2016) 477).

What if the defendant in an ejectment case raise the issue

When may jurisdiction be The application of the doctrine of
of tenancy in his answer, should the court dismiss the case
challenged? estoppel on objection to jurisdiction
for lack of jurisdiction?
⚫ The doctrine of estoppel by laches was initially
⚫ While the MTC does not lose its jurisdiction over an
emphasized in the doctrinal case of Tijam vs.
ejectment case by defendant’s alleging the existence
In the motion to dismiss (Sec. 1[b], Rule 16, RC). Sibonghanoy, 23 SCRA 29. Here, the SC barred a
of tenancy relationship, yet, if after the hearing,
tenancy had in fact been shown, the court should
belated objection to jurisdiction because the party
dismiss the case for lack of jurisdiction (De la Cruz, vs. questioned the jurisdiction only when an adverse
It may be raised at any stage of the proceeding, decision is rendered and because the party raised
CA, 510 SCRA 103, 116).
even for the first time on appeal (Calimlim vs. only the issue after 15 years. The party participated
⚫ READ also:
Ramirez, 118 SCRA 399; Pangilinan vs. CA, 321 SCRA in all stages of the proceedings and sought affirmative
⚫ Velasquez vs. Cruz, GR No. 191479, September 21, 2015. 51). relief from the court.
 20 Feb 2023

Please take note: B. Jurisdiction over the parties Illustration

⚫ Estoppel by laches may only be invoked to bar ⚫ Guy vs. Gacott, GR No. 206147, January 13, 2016.
⚫ Jurisdiction
over the parties refers to the power of
the defense of lack of jurisdiction if the factual the court to make decisions that are binding on ⚫ Plaintiff filed an action against a supposed corporation.
milieu is analogous to Tijam vs. Sibonghanoy (Sps. persons (De Pedro vs. Romasan, GR No. 194751, Judgment was rendered in favour of the plaintiff and the
Erorita vs. Sps. Dumlao, GR 195477, January 25, 2016). November 26, 2014). judgment became final and executory. When the writ of
⚫ The contention that the defense of lack of execution was about to be implemented, plaintiff found out
jurisdiction may be waived by estoppel through that the defendant corporation is not really a corporation
⚫ Itis the legal power of the court to render a but a partnership. The sheriff found properties owned by the
the active participation in the trial is not the
personal judgment against the party to an action partners and attached the same.
general rule, but an exception, best characterized or proceeding (Black’s Law Dictionary, 5th Ed., 767, cting ⚫ Is it proper for the sheriff to attach the properties of
by the circumstances in Tijam vs. Sibonghanoy Imperial vs. Hardy, La 302 So.2d 5, 7, cited in Riano, Civil the partner?
(Mangaliag vs. Catubig-Pastoral, 474 SCRA 153, 162). Procedure, 2016).

How is jurisdiction over the

Illustration When is there voluntary appearance?
parties acquired?
⚫ NO. ⚫ Toconstitute voluntary appearance, it must be the kind that
⚫A partnership is a juridical entity that has a distinct and separate
Defendan amount to voluntary submission to the jurisdiction of the
personality from the persons composing it. Plaintiff court. Submission to the jurisdiction of the court takes the
⚫ In relation to the rules of civil procedure, it is elementary that a t form of appearance that seeks affirmative relief except
judgment of a court is conclusive and binding only upon the when the relief sought is for the purpose of objecting
parties and their successors-in-interest after the Voluntary appearance and submission to to the jurisdiction of the court over the person of the
commencement of the action in court. the authority of court
Filing of the
complaint or petition - Seeking an affirmative relief defendant.
⚫ A decision rendered on a complaint in a civil action or proceeding
does not bind or prejudice a person not impleaded therein, for no
Except: Motion to Dismiss due to Lack of
Jurisdiction ( Abudandi Ad cautelam/ with
⚫ Thus,if he participates in the trial despite defective service
person shall be adversely affected by the outcome of a civil extreme/ abundant caution) of summons the same amounts to voluntary appearance (De
action or proceeding in which he is not a party (Guy vs. Pedro vs. Romasan Development, GR 194751,
Gacott, supra). Service of summons November 26, 2014).
 20 Feb 2023

When is jurisdiction over the person of Action in personam, in rem & quasi in rem
Please take note:
the defendant required?
Action in personam Action in rem Action in quasi in rem

⚫Rule 14, Sec. 23. Voluntary appearance. —

The defendant's voluntary appearance in the ⚫Jurisdiction over the person of the defendant An action in personam is An action in rem is an An action quasi in rem is one
wherein an individual is
is required in an action in personam.
an action against a action against the thing
action shall be equivalent to service of summons. person in the basis of his itself, instead of against
named as defendant and the
purpose of the proceeding is
The inclusion in a motion to dismiss of personal liability. the person. to subject his interest therein

other grounds aside from lack of ⚫However, jurisdiction over the person of the to the obligation or lien
burdening the property.
jurisdiction over the person of the defendant is not required in an action in rem
defendant shall be deemed a voluntary or quasi in rem.
appearance.

When is jurisdiction over the How is jurisdiction over the issues

C. Jurisdiction over the issues
defendant required? conferred and determined?
an action in personam, jurisdiction over the person of the ⚫ Jurisdiction
over the issues is the power of the court to try ⚫ Jurisdiction over the issue is conferred and determined by
⚫ In
defendant is necessary for the court to validly try and decide and decide the issues raised in the pleadings of the parties the allegations in the pleadings of the parties. The pleadings
the case (Asiavest Limited vs. CA, 296 SCRA 539, (Reyes vs. Diaz, 73 Phil.484). present the issues to be tried and determine whether not
552). the issues are of fact or of law.
⚫ An issue is a disputed point or question to which parties to ⚫ An issue arise because a material allegation of a claiming
an action have narrowed down their several allegations and party is specifically denied by the defending party.
⚫ However, in an action in rem or quasi in rem, summons
must be served upon the defendant, not for the purpose of upon which they are desirous of obtaining a decision ⚫ Jurisdiction over the issue may be determined by the
vesting the court with jurisdiction, but merely for satisfying (Black’s Law Dictionary). stipulation of the parties during pre-trial (Sec. 2, Rule 18)
due process requirements (Biaco vs. Philippine ⚫ Jurisdiction over the issue may also be conferred by waiver
Countryside Rural Bank, 515 SCRA 106). ⚫ Where there is no disputed point, there is no issue of fact. or failure to object to the presentation of evidence on the
matter not raised in the pleading (Sec. 5, Rule 10)
 20 Feb 2023

What is the extent of relief that may be

D. Jurisdiction over the res How is jurisdiction over the res acquired?
awarded in action in rem and quasi in rem?
⚫ Jurisdiction over the res refers to the court’s jurisdiction ⚫ It may be acquired by placing the property or thing
over the thing or the property which is the subject of under the custody of the court.
the action. This type of jurisdiction is necessary when ⚫ It may also be acquired by the court through statutory ⚫Any relief granted in rem or quasi in rem
the action is one in rem or quasi in rem. authority conferring upon it the power to deal with the actions must be confined to the res, and the
property or thing.
court cannot lawfully render judgment
⚫ When the action is action in personam, the jurisdiction
over the res is not sufficient to authorize the court to ⚫ READ: against the defendant (Banco do Brasil
render judgment against the defendant. In an action in ⚫ Banco Espanol-Filipino vs. Palanca, 37 Phil. 921, vs. CA, 333 SCRA 545, 558).
personam, jurisdiction over the person is required. 927-928

Jurisdiction of the Supreme Court Jurisdiction of the Supreme Court Jurisdiction of the Supreme Court
⚫ Exclusive original jurisdiction (4Cs)
⚫ Concurrent original jurisdiction ⚫ Appellate jurisdiction (CSCR)
⚫ Petition for certiorari, prohibition and mandamus against:
⚫ 1) CA; ⚫ Concurrent original jurisdiction with the CA and RTC in ⚫ By way of petition for review on certiorari under Rule 45 over
⚫ 2) Comelec; Petition for certiorari, prohibition and mandamus against decisions and final orders of:
⚫ 3) COA; lower courts and bodies and in petitions for quo warranto ◦ Court of Appeals
⚫ 4) Sandiganbayan; and habeas corpus. ◦ Sandiganbayan
◦ CTA en banc
⚫ 5) CTA ⚫ Concurrent original jurisdiction with the RTC in cases
◦ Regional Trial Court
affecting ambassadors, public ministers and consuls (Sec.
⚫ Concurrent original jurisdiction ( CPM) 21[2], BP 129; Sec. 5, Art. VII, 1987 Constitution). ⚫ Cases involving the constitutionality or validity of a law, treaty,
international or executive agreement, presidential decree,
⚫ Petition for certiorari, prohibition and mandamus against: ⚫ NOTE: in all cases within the SC’s original and concurrent proclamation, order, instruction, ordinance or regulation, legality of
⚫ 1) RTC (Sec. 21[1], BP 129); 2) CSC (RA 7902); 3) NLRC (But: see, jurisdiction, the rule of hierarchy of courts apply (Liga ng a tax, impost, assessment, or penalty, jurisdiction of lower court
St. Martin Funeral Homes vs. NLRC, 295 SCRA 494); 4) other mga Barangay vs. Atienza, 420 SCRA 562) (Sec. 5, Art. VIII).
quasi-judicial bodies (Heirs of Hinog vs. Melicor, 455 SCRA 460). ⚫ LTI EPP ORO I TAX LAWS. JURISDICTION OF LC
 20 Feb 2023

May the Court of Appeals receive

Jurisdiction of the Court of Appeals Jurisdiction of the Court of Appeals
evidence on appeal?
• Annulment of judgments of the RTC (Sec.
Exclusive original ⚫YES.
9[2], BP 129, as amended). RULE 47 provides • Appeal from judgments of RTC.
jurisdiction for procedure only.
• Petition for review from judgments
Concurrent
Exclusive of QJA’s, CSC, Ombudsman ⚫The court of Appeals shall have the power to try
(Gonzales vs. Rosas, 423 SCRA
• Petition for certiorari, prohibition, mandamus
original jurisdiction against: RTC, CSC, other QJA, NLRC
with SC
appellate 488, 494).
cases and conduct hearings, receive evidence and
perform any and all acts necessary to resolve
jurisdiction • Appeal from decisions of MTC in
factual issues raised in cases falling within its
Concurrent cadastral or land registration cases
• Petition for certiorari, prohibition,
original jurisdiction mandamus, quo warranto and habeas corpus (Sec. 34, BP 129). original and appellate jurisdiction (Section 9,
with SC and RTC
BP 129 as amended).

Jurisdiction of the Regional Trial Court Jurisdiction of the Regional Trial Court Jurisdiction of the Regional Trial Court
(Exclusive Original, Section 19) (Exclusive Original, Section 19) (Exclusive Original, Section 19)
(1) In all civil actions in which the subject of the litigation is incapable (3) In all actions in admiralty and maritime jurisdiction where (5) In all actions involving the contract of marriage and marital
of pecuniary estimation; he demand or claim exceeds Three hundred thousand pesos relations; * It is now with the Family Court (Section 5, RA 8369).
(P300,000.00) or, in Metro Manila, where such demand or
(2) In all civil actions which involve the title to, or possession of, real (6) In all cases not within the exclusive jurisdiction of any court,
property, or any interest therein, where the assessed value of the claim exceeds Four hundred thousand pesos (400,000.00).
tribunal, person or body exercising jurisdiction of any court, tribunal,
property involved exceeds Twenty thousand pesos (P20,000.00) or person or body exercising judicial or quasi-judicial functions;
for civil actions in Metro Manila, where such the value exceeds Fifty (4) In all matters of probate, both testate and intestate, where
thousand pesos (50,000.00) except actions for forcible entry into and the gross value of the estate exceeds three hundred thousand (7) In all civil actions and special proceedings falling within the
unlawful detainer of lands or buildings, original jurisdiction over which exclusive original jurisdiction of a Juvenile and Domestic Relations
is conferred upon Metropolitan Trial Courts, Municipal Trial Courts, pesos (P300,000.00) or, in probate matters in Metro Manila,
Court and of the Court of Agrarian Relations as now provided by
and Municipal Circuit Trial Courts; where such gross value exceeds four Hundred thousand pesos law; * It is now with the Family Court (Section 5, RA 8369).
(P400,000.00).
 20 Feb 2023

Jurisdiction of the Regional Trial Court Jurisdiction of the Regional Trial Court Jurisdiction of the Regional Trial Court
(Exclusive Original, Section 19) (Concurrent Original) (Appellate Jurisdiction)

(8) In all other cases in which the demand, exclusive of 1. With the SC in actions affecting ambassadors, other
interest, damages of whatever kind, attorney's fees, public ministers, and consuls (Sec. 21[2], BP 129, as
litigation expenses, and costs or the value of the property amended; Sec. 5, Art. VIII, Constitution). Over all cases decided by the First Level Courts in their
in controversy exceeds three hundred thousand pesos respective territorial jurisdiction (Sec. 22, BP 129, as
(P300,000.00) or, in such other cases in Metro Manila, 1. With the SC and CA in petitions for certiorari, amended).
where the demand exclusive of the abovementioned items prohibition and mandamus against lower courts and
exceeds four Hundred thousand pesos (P400,000.00). bodies and in petition for quo warranto and habeas
corpus (Sec. 21[1], BP 129; Sec. 9[1], BP129)

Jurisdiction over intra-corporate

Section 5, PD No. 902-A Section 5, PD No. 902-A
controversies
⚫ Devices or schemes employed by, or any acts of the board of ⚫ (c) Controversies in the election or appointment of directors,
directors, business associates, its officers or partners, amounting to trustees, officers or managers of such corporations, partnership or
fraud and misrepresentation which may be detrimental to the associations;
⚫ The jurisdiction of SEC over Sec. 5, PD 902-A was interest of the public and/or of the stockholder, partners, members
of associations or organization registered with the Commission;
transferred to the courts of general jurisdiction or to the ⚫ d) Petitions of corporations, partnerships or associations to be
proper Regional Trial Court (Gonzales vs. GJH Land, ⚫ (b) Controversies arising out of intra-corporate or partnership
declared in the state of suspension of payment in cases where the
corporation, partnership or association possesses sufficient
Inc., GR No. 202664, November 10, 2015 ). relations, between and among stockholders, members or property to cover all its debts but foresees the impossibility of
associates; between any or all of them and the corporation, meeting them when they respective fall due or in cases where the
partnership or association of which they are stockholders, corporation, partnership or association has no sufficient assets to
members or associates, respectively; and between such cover its liabilities but is under the management of a Rehabilitation
corporation, partnership or association and the State insofar as it Receiver or Management Committee created pursuant to this
concerns their individual franchise or right as such entity; Decree.
 20 Feb 2023

Analysis of some cases under the Examples of an action incapable of Examples of an action incapable of
jurisdiction of RTC pecuniary estimation pecuniary estimation
⚫A complaint for expropriation is incapable of pecuniary ⚫ An action that seeks to from the defendant the execution of the
⚫ Action incapable of pecuniary estimation deed of absolute sale based on contract which they had previously
⚫ It is an action whose principal purpose or remedy sought is not to estimation (Bgry. San Roque vs. Heirs of Pastor, made is an action for specific performance, and hence, an action
recover a certain sum of money. Where the basic issue is 334 SCRA 127, 132-133). incapable of pecuniary estimation. This is the case although the end
something other than the right to recover a sum of money, or the result of the plaintiff’s claim was the transfer of the subject
money claim is merely incidental to the principal relief, the action is ⚫ An action seeking to annul a resolution of a GOCC is an property to his name (Sps. Saraza vs. Francisco, GR No.
incapable of pecuniary estimation (Russel vs. Vestil, 304 SCRA 198718, November 27, 2013).
739; Bgry. San Roque vs. Heirs of Pastor, 334 SCRA 127, action incapable of pecuniary estimation (Polomok
⚫ An action to enforce the right to repurchase is an action for
132-133). Water District vs. Polomok General Consumers specific performance, hence, an action incapable of pecuniary
Assn., Inc., 636 SCRA 647, 652-653). estimation (Heirs of Bautista vs. Lindo, GR No. 208232,
⚫ TAKE NOTE: March 10, 2014).
⚫ An action for specific performance (Russel vs. Vestil, ⚫ An action to enjoin the survey of the land is an action incapable of
⚫ In determining the nature of the action, the allegations in the
complaint and the relief prayed for must be considered (Bgry. 304 SCRA 738, 745). pecuniary estimation (Republic vs. Principalia management
Piapi vs. Talip, 496 SCRA 409, 413). and Personnel Consultant, GR No. 198426, September 2,
2015).

Examples of an action incapable of Jurisdiction of the Family Courts

BUT:
pecuniary estimation Section 5, RA 8369
⚫ An action for specific performance and damages was filed by
the buyers for the seller to execute a deed of absolute sale ⚫ a) Criminal cases where one or more of the accused is
below eighteen (18) years of age but not less than nine (9)
Jurisprudence in favour of the plaintiff, but it was later on found out that
the subject real property was already transferred to a third years of age or where one or more of the victims is a minor
• Action for specific performance
rules that • Action for support person, the amendment of the complaint to specific at the time of the commission of the offense: Provided, That
if the minor is found guilty, the court shall promulgate
these actions • Right to support performance and/or reconveyance, and damages is not
anymore an action for specific performance but a real action sentence and ascertain any civil liability which the accused
are incapable • Annulment of decision of lower courts (Sps. Trayvilla vs. Sejas, GR No. 204970, February 1, may have incurred. The sentence, however, shall be
• Rescission or reformation of contracts 2016). suspended without need of application pursuant to
of pecuniary • Interpretation of contractual obligation Presidential Decree No. 603, otherwise known as the "Child
⚫ Action for partition of real property is a real action
estimation: (Barrido vs. Nonato, GR No. 176492, October 20, and Youth Welfare Code";
2014). ⚫ b) Petitions for guardianship, custody of children, habeas
Heirs of Bautista vs. Lindo, GR
No. 208232, March 10, 2014
corpus in relation to the latter;
 20 Feb 2023

Jurisdiction of the Family Courts Jurisdiction of the Family Courts Jurisdiction of the Family Courts
Section 5, RA 8369 Section 5, RA 8369 Section 5, RA 8369
⚫c) Petitions for adoption of children and the ⚫ f) Summary judicial proceedings brought under the provisions of ⚫ i) Cases against minors cognizable under the
revocation thereof; Executive Order No. 209, otherwise known as the "Family Code Dangerous Drugs Act, as amended;
⚫d) Complaints for annulment of marriage, of the Philippines"; ⚫ j) Violations of Republic Act No. 7610, otherwise
declaration of nullity of marriage and those relating ⚫ g) Petitions for declaration of status of children as abandoned,
known as the "Special Protection of Children Against
to marital status and property relations of husband dependent or neglected children, petitions for voluntary or
Abuse, Exploitation and Discrimination Act," as
involuntary commitment of children; the suspension, termination,
and wife or those living together under different or restoration of parental authority and other cases cognizable amended by Republic Act No. 7658; and
status and agreements, and petitions for dissolution under Presidential Decree No. 603, Executive Order No. 56, ⚫ k) cases of domestic violence against women and
of conjugal partnership of gains; (Series of 1986), and other related laws; children
⚫e) Petitions for support and/or acknowledgment; ⚫ h) Petitions for the constitution of the family home;

Jurisdiction of the First Level Court Jurisdiction of the First Level Court Jurisdiction of the First Level Court
(Section 33, BP 129, as amended) (Section 33, BP 129, as amended) (Section 33, BP 129, as amended)
⚫ (1) Exclusive original jurisdiction over civil actions and probate
proceedings, testate and intestate, including the grant of provisional
remedies in proper cases, where the value of the personal ⚫ (2) Exclusive original jurisdiction over cases of forcible ⚫ (3) Exclusive original jurisdiction in all civil actions which
property, estate, or amount of the demand does not exceed three entry and unlawful detainer: Provided, That when, in involve title to, or possession of, real property, or any
hundred thousand pesos (P300,000.00) or, in Metro Manila where interest therein where the assessed value of the
such personal property, estate, or amount of the demand does not such cases, the defendant raises the question of
exceed Four hundred thousand pesos (P400,000.00) exclusive of ownership in his pleadings and the question of property or interest therein does not exceed Twenty
interest damages of whatever kind, attorney's fees, litigation thousand pesos (P20,000.00) or, in civil actions in Metro
expenses, and costs, the amount of which must be specifically possession cannot be resolved without deciding the issue
alleged: of ownership, the issue of ownership shall be resolved Manila, where such assessed value does not exceed Fifty
⚫ Provided, That where there are several claims or causes of action thousand pesos (P50,000.00) exclusive of interest, damages
between the same or different parties, embodied in the same
only to determine the issue of possession.
of whatever kind, attorney's fees, litigation expenses and
complaint, the amount of the demand shall be the totality of the
claims in all the causes of action, irrespective of whether the causes costs: Provided, That value of such property shall be
of action arose out of the same or different transactions; determined by the assessed value of the adjacent lots
 20 Feb 2023

TAKE NOTE: TAKE NOTE: What is the meaning of interest?

The jurisdictional amount does not
⚫ The exclusion of the term "damages of whatever kind" in ⚫ Since the interest on the loan is a primary and inseparable
include:
determining the jurisdictional amount, applies to cases component of the cause of action, not merely incidental
Interest thereto, and already determinable at the time of filing of the
where the damages are merely incidental to or a Complaint, it must be included in the determination of which
Damages of whatever consequence of the main cause of action. However, in court has the jurisdiction over petitioner's case (Gomez vs.
Sec. 33[1], BP 129 kind
cases where the claim for damages is the main Montalban, 548 SCRA 693).
Attorneys fees cause of action, or one of the causes of action, the
⚫ THUS:
amount of such claim shall be considered in determining
Litigation expenses the jurisdiction of the court (Sante vs. Claravall, GR ⚫ Ifinterest is only incidental, then it should not be included in
Costs
No. 173195, February 22, 2010). the determination of the jurisdictional amount.

Does the MTC have jurisdiction over Delegated jurisdiction of the MTC
What is the totality rule?
settlement of estate? (Section 34, BP 129, as amended)
⚫ YES. ⚫ Metropolitan Trial Courts, Municipal Trial Courts, and
⚫Where there are several claims or causes of ⚫ Exclusiveoriginal jurisdiction over civil actions and probate Municipal Circuit Trial Courts may be assigned by the
action between the same or different parties, proceedings, testate and intestate, including the grant Supreme Court to hear and determine cadastral or land
of provisional remedies in proper cases, where the value of registration cases covering lots where there is no
embodied in the same complaint, the amount of the personal property, estate, or amount of the demand controversy or opposition, or contested lots the
the demand shall be the totality of the claims in all does not exceed Three hundred thousand pesos where the value of which does not exceed One
the causes of action, irrespective of whether the (P300,000.00) or, in Metro Manila where such personal hundred thousand pesos (P100,000.00), xxxxxx
property, estate, or amount of the demand does not exceed
causes of action arose out of the same or different Four hundred thousand pesos (P400,000.00) exclusive of
Their decisions in these cases shall be appealable
transactions (Section 33, BP, 129). interest damages of whatever kind, attorney's fees, litigation in the same manner as decisions of the Regional
expenses, and costs (Section 33, BP, 129). Trial Courts. COURT OF APPEALS
 20 Feb 2023

Actions involving “title”, “interest” and Actions involving “title”, “interest” and
Special jurisdiction of the MTC “possession” (TIP) in real property - “possession” (TIP) in real property –
“REAL ACTION” “REAL ACTION”
⚫In the absence of all the Regional Trial Judges in a
⚫ Preliminary Note:
province or city, any Metropolitan Trial Judge, ⚫ An action “involving title to real property” means that the
⚫ In determining the nature of the action, the allegations in the
Municipal Trial Judge, Municipal Circuit Trial Judge plaintiff’s cause of action is based on a claim that he owns
complaint and the relief prayed for must be considered
(Bgry. Piapi vs. Talip, 496 SCRA 409, 413). such property or that he has legal rights to have exclusive
may hear and decide petitions for a writ
⚫ Thus, in determining whether the action is a real action or control, possession, enjoyment, or disposition of the same.
of habeas corpus or applications for bail in personal action the allegations in the complaint and the relief “Title” is the link between 1) a person who owns property,
criminal cases in the province or city where the prayed for must be considered. and 2) the property itself (Heirs of Sebe vs. Heirs of
absent Regional Trial Judges sit (Section 34, BP ⚫ The determination of whether an action is real or personal Sevilla, 603 SCRA 395, 404; Padlan vs. Dinglasan 694
action is material to determine:
129, as amended). ⚫ 1) Jurisdiction; 2) Venue and. 3) Amount of filing fee
SCRA 91, 100, March 20, 2013).

Need to inquire into the primary or

Please consider: Examples of REAL ACTION
ultimate objective of the complaint
⚫ Where the ultimate objective of the plaintiffs is to obtain
⚫ Before the amendment of BP 129, there is no distinction An action to quite title
title to real property, it should be filed with the proper
between real action and action incapable of pecuniary court having jurisdiction over the assessed value of the
An action for reconveyance
estimation. Both actions are within the jurisdiction of the of real property property subject thereof (Bgry. Piapi vs. Talip, 469
RTC. With the amendment of BP 129, there is now need SCRA 409, 413).
An action for reconveyance
to distinguish the two actions considering that not all of possession of real property ⚫ READ:
real actions are cognizable by the RTC. The assessed ⚫ De Vera vs. Sps. Santiago, GR No. 179457, June 22, 2015
value of the real property has to be determined in order Accion publiciana ⚫ De Leon vs. CA, 278 SCRA 94
to know which court has jurisdiction (Heirs of Concha ⚫ Maslag vs. Monzon, GR No. 174908, June 17, 2013
vs. Sps. Lumocso, 540 SCRA 1). Accion reinvnidicatoria ⚫ Heirs of Sebe vs. Heirs of Sevilla, 603 SCRA 395, 402-403
 20 Feb 2023

What is the basis of jurisdiction

in real action?
PLEASE NOTE: VENUE
⚫ The basis is the assessed value of real property. As between the ⚫ Venue is the place or the geographical area in which a
estimated value of the land and the assessed value as reflected in court with jurisdiction may hear and determine a case or
the Tax Declaration, the latter should prevail. (Geonzon Vda de ⚫In cases of land not declared for taxation purposes, the place where a case is to be tried (Black’s Law
Barrera vs. Heirs of Vicente Legaspi, 565 SCRA 192). the value of the property shall be determined by the Dictionary; City of Lapu-Lapu vs. PEZA, GR No.
⚫ The assessed value must be alleged, otherwise the Court will
dismiss the case (Quinagoran vs. CA, 531 SCRA 104, 113- assessed value of the adjacent lot (Section 33[3]. 184203, November 26, 2014).
114; Cabling vs. Dangcalan, GR No. 187696, June 15, 2016). BP 129, as amended; Cabling vs. Dangcalan).
⚫ But, even if the assessed value of the land is not alleged in the ⚫ Venue in civil cases is procedural and not substantive.
complaint, but the tax declaration is attached thereto, the court Thus, it may be waived or subject to agreement of the
can still assess the amount (BSP vs. Legaspi, GR No. 205966,
March 2, 2016). parties.

How is jurisdiction distinguished How is jurisdiction distinguished What is the basic consideration in
from venue? from venue? determining venue of the action?
⚫ Jurisdiction refers to the authority of the court to hear and ⚫ Jurisdiction refers to the authority of the court to hear and ⚫ The venue of the action would be determined is the determination
decide the case; venue refers to the place where the case is decide the case; venue refers to the place where the case is of whether an action is real or personal.
to be heard or tried. to be heard or tried.
⚫ Jurisdiction is a matter of substantive law while venue, of ⚫ Jurisdiction is a matter of substantive law while venue, of ⚫ SECTION 1. Venue of Real Actions. — Actions affecting title
procedural law. procedural law. to or possession of real property, or interest therein, shall be
⚫ Jurisdiction cannot be waived by the parties; venue may be ⚫ Jurisdiction cannot be waived by the parties; venue may be commenced and tried in the proper court which has jurisdiction
waived if not invoked either in a motion to dismiss or in the waived if not invoked either in a motion to dismiss or in the over the area wherein the real property involved, or a portion
answer. answer. thereof, is situated (Rule 4).
⚫ SECTION 2. Venue of Personal Actions. — All other actions
⚫ Jurisdiction is fixed by law; venue may be fixed by agreement ⚫ Jurisdiction is fixed by law; venue may be fixed by agreement
may be commenced and tried where the plaintiff or any of the
of the parties. of the parties. principal plaintiffs resides, or where the defendant or any of the
⚫ Court may dismiss the action motu proprio in case of lack of ⚫ Court may dismiss the action motu proprio in case of lack of principal defendants resides, or in the case of a non-resident
jurisdiction. jurisdiction. defendant where he may be found, at the election of the plaintiff.
(Rule 4).
 20 Feb 2023

What is the meaning of “residence”

Venue of Actions Venue in personal actions
in personal action?
⚫ Forcible entry and detainer actions shall be ⚫ It means the place of abode, whether permanent of
⚫ SECTION 2. Venue of Personal Actions. — All
commenced and tried in the Municipal Trial Court of the temporary, of the plaintiff or the defendant, as distinguished
municipality or city wherein the real property involved, or a other actions may be commenced and tried where the from “domicile” which denotes a fixed permanent residence
portion thereof, is situated (Section 1, Rule 4). plaintiff or any of the principal plaintiffs resides, or to which, when absent, one has the intention of returning
⚫ Against non-resident - If any of the defendants does not where the defendant or any of the principal (Dangwa Transporation Company vs. Sarmiento, GR
reside and is not found in the Philippines, and the action defendants resides, or in the case of a non-resident No. L-22795, January 31, 1977).
affects the personal status of the plaintiff, or any property of defendant where he may be found, at the election of ⚫ Residence of a domestic corporation is the place within the
said defendant located in the Philippines, the action may be the plaintiff. (Rule 4).
commenced and tried in the court of the place where the Philippines, where its principal office is located (Section
plaintiff resides, or where the property or any portion 14[3], Corporation Code; Cohen vs. Benguet
thereof is situated or found (Section 3, Rule 4). Commercial Co., 34 Phil. 526).

Venue in personal action Venue in personal action Venue in real action

⚫ Sps. Saraza vs. Francisco, GR No. 198718, November ⚫BPI Family Savings Bank, Inc. vs. Yujuico, GR ⚫ SECTION 1. Venue of Real Actions. — Actions
27, 2013 No. 175796, July 22, 2015 affecting title to or possession of real property, or
⚫ As to the issue of venue, the petitioners' argument that the interest therein, shall be commenced and tried in the
⚫Based on the distinctions between real and personal proper court which has jurisdiction over the area
action should have been instituted with the RTC of Makati
City, and not the RTC of Imus, Cavite, is misplaced. actions, an action to recover the deficiency after the wherein the real property involved, or a portion thereof,
Although the end result of the respondent's claim was the extrajudicial foreclosure of the real property is situated (Rule 4).
transfer of the subject property to his name, the suit was mortgage is a personal action, for it does not affect ⚫ Forcible entry and detainer actions shall be
commenced and tried in the Municipal Trial Court of the
still essentially for specific performance, a personal action, title to or possession of real property, or any
because it sought Fernando's execution of a deed of absolute municipality or city wherein the real property involved,
interest therein. or a portion thereof, is situated (Section 1, Rule 4)
sale based on a contract which he had previously made.
 20 Feb 2023

Venue in real action Venue in real action When will the rule on venue not apply?
⚫READ: ⚫READ:
⚫SECTION 4. When Rule not Applicable. —
⚫Gochan vs. Gochan, 372 SCRA 256 – where ⚫ Samson vs Sps. Gabor, GR No. 182970, July 23, This Rule shall not apply —
the complaint is denominated as one for specific 2014 – the action is for the return of the property or
⚫(a) In those cases where a specific rule or law
performance, but nonetheless prays for issuance of its value on the basis of co-ownership. The Court held
that while the complaint of the petitioner is for the provides otherwise; or
a deed of sale of a land to enable the plaintiff to
recovery of the property or its value, the said ⚫(b) Where the parties have validly agreed in writing
acquire ownership thereof, its primary objective and
complaint is actually anchored on plaintiffs’ claim of before the filing of the action on the exclusive venue
nature is one to recover the parcel of land itself and
ownership over a portion of the real property of the thereof.
thus, is deemed a real action.
subject property. Hence, a real action.

Stipulations on venue Requisites on stipulations on exclusive Agreement on venue may be:

⚫The parties may agree on a specific venue which
could be in a place where neither of them resides
It must be in writing • The suit can only be filed in
(Universal Robina Corporation vs. Lim, 535 Restrictive the place agreed upon by the
SCRA 95, 99). parties.
⚫In real actions, like unlawful detainer, the parties
It must be made before filing of an action
may stipulate on a venue other than the place
• The place agreed upon is in
where the real property is situated (Union Bank
of Philippines vs. Maunlad Homes, Inc., 678 The agreement must be exclusive Permissive addition to the place
SCRA 539, 550). provided for in the Rules
 20 Feb 2023

NOTE: to make it exclusive there must

Illustration PLEASE TAKE NOTE:
words with respective meaning
⚫ “Parties
agree to sue and be sued in in courts of Manila” –
the SC ruled that it is not restrictive but only permissive ⚫Examples of words with restrictive meanings
(Polytrade Corp. vs. Blanco, 30 SCRA 187). ⚫A restrictive stipulation on venue is not
are: “only”, “solely”, “exclusive in this court”,
⚫ “Allsuits arising out of this agreement shall be filed within “in no other courts, save..”, “particularly”, binding when the validity of the contract is
the proper courts of Quezon City” – SC ruled that it is only
“no where else but/except” or words of assailed (Briones vs. CA, GR No. 204444,
permissive (Unimasters Conglomeration, Inc., vs. CA,
267 SCRA 759, 776). equal import (Pacific Consultants January 14, 2015).
⚫ “The
agreed venue shall be in the City of Manila – permissive International Asia, Inc., vs. Schonfeld,
(Mangila vs. CA, 387 SCRA 162, 174-175). 516 SCRA 209,229).

PLEASE TAKE NOTE: Classification of Civil Actions

⚫There is no motu propio dismissal based on
improper venue (Republic vs. Glasgow
Credit and Collection Services, 542 • Ordinary Civil Action
SCRA 95, 101). CIVIL ACTIONS As to
⚫Except cases under the rules on summary Nature • Special Civil Action
procedure (Sec. 4, Summary Procedure;
Sec. 9, A.M. No. 08-8-7, SC).
 20 Feb 2023

What is civil action? Examples of Special Civil Action Classification of Civil Actions
⚫It is one by which a party sues another for the ⚫ Interpleader (Rule 62)
⚫ Declaratory Relief (Rule 63)
enforcement or protection of a right. (Sec.
⚫ Certiorari, Prohibition, Mandamus (Rule 65)
3(a), Rule 1) ⚫ Quo warranto (Rule 66) As to • Real Action
⚫If it is governed by the rules on ordinary ⚫ Expropriation (Rule 67)
Cause or
civil action, then is it ordinary civil action. ⚫ Foreclosure of mortgage (Rule 68)
⚫ Partition (Rule 69) Foundation • Personal Action
If there is special rules for a particular
⚫ Forcible Entry and Unlawful detainer (Rule 70)
action, then it is special civil action.
⚫ Contempt (Rule 71)

Illustration
What is real/personal action? Illustration
⚫ An action for the nullity of marriage is a personal action
It is an action which affects (Tamano vs. Ortiz, 292 SCRA 584, 588). ⚫ Annulment of sale of real property is a real action
title to or possession of If it is not real action, then (Emergency Loan Pawnshop, Inc., vs. CA. 353 SCRA
⚫ An action for specific performance with damages is a
real property, or an it is personal action. (Sec. 89, 91).
personal action as long as it does not involve a claim or
interest therein (Sec. 1, 2, Rule 4) ⚫ An action to foreclose a real estate mortgage is a real action,
Rule 4) recovery of ownership, title, to real property (Siasoco but an action to compel the mortgagee to accept payment of
vs. CA, 303 SCRA 186). the mortgage debt and release the mortgage is a personal
Unlawful detainer, ⚫ Where complaint is for specific performance but prays for action (Hernandez vs. Rural Bank of Lucena, 81 SCRA
accion publiciana, Breach of contract, the issuance of deed of sale over a parcel of land to 75, 84)
accion sum of money, enable the plaintiff to acquire ownership thereof, it is a ⚫ An action to annul a contract of loan and its accessory real
reinvindicatoria, recovery of personal real action (Gochan vs. Gochan, 372 SCRA 256, estate mortgage is a personal action (Chua vs. Total
action to quiet title, property Office Products and Services, 471 SCRA 500, 507).
reconveyance. 264).
 20 Feb 2023

Specified Contractors & Development, Inc., Specified Contractors & Development, Inc.,
Please take NOTE: vs. Pobocan, GR No. 212472, January 11, vs. Pobocan, GR No. 212472, January 11,
2018 2018
⚫ Not all actions involving real property are real
⚫ Petitioner and respondent agreed that for every condominium building ⚫ That the end result would be the transfer of the subject units to
actions. that respondent built for petitioner, respondent would be entitled to respondent's name in the event that his suit is decided in his favor
⚫ Although the end result of the respondent's claim was one (1) unit thereof as part of the respondent’s compensation. is "an anticipated consequence and beyond the cause for which the
Respondent was able to build two (2) condominium units. However, action [for specific performance with damages] was instituted."
the transfer of the subject property to his name, the petitioner refused to execute deed of conveyance in order for the ⚫ Had respondent's action proceeded to trial, the crux of the
suit was still essentially for specific performance, a respondent to transfer ownership over said two (2) condominium units. controversy would have been the existence or non-existence of
personal action, because it sought Fernando's ⚫ Respondent filed an action for specific performance in the RTC where the alleged oral contract from which would flow respondent's
he resides. The petitioner filed a motion to dismiss on ground of lack of alleged right to compel petitioners to execute deeds of conveyance.
execution of a deed of absolute sale based on a The transfer of property sought by respondent is but incidental to
jurisdiction as the action is real action and should have been filed in the
contract which he had previously made (Spouses RTC where the real property is situated. or an offshoot of the determination of whether or not there is
Saraza, et al. v. Francisco, 722 Phil. 346, 357 indeed, to begin with, an agreement to convey the properties in
⚫ What is the nature of the action?
exchange for services rendered.
(2013).

Pacific Rehouse Corp. vs. Ngo, Pacific Rehouse Corp. vs. Ngo, Significance of the distinction between a
GR No. 214934, April 12, 2016 GR No. 214934, April 12, 2016 personal action and a real action
⚫ In the instant case, although the case involves a complaint for
⚫ Petitioner entered into Deed of Conditional Sale with Bautista.
Petitioner complied with his obligation but Bautista failed to specific performance and damages, a closer perusal of
petitioner's complaint reveals that it actually prays for, inter
execute to corresponding deed of absolute sale and deliver the
certificate of title to petitioner. Consequently, petitioner filed a alia, the delivery of ownership of the subject land through
Bautista's execution of a deed of sale and the turnover of
Determination of
jurisdiction, venue and
complaint for specific performance and damages against Bautista. It
also caused the annotation of the notice of lis pendens on the
TCT No. T-800 in its favor. This shows that the primary
certificate of title of the land in the name of Bautista. While the
objective and nature of case is to recover the subject
case is pending Bautista died.
⚫ The issue in this case is whether or not the case should be
property itself and thus, is deemed to be a real
action.
⚫ Thus, if the claim in an action affects property and property
amount of filing fee
dismissed on account of Bautista’s death as it is an action
rights, then the action survives the death of a party-litigant.
that does not survive as it is personal to Bautista.
 20 Feb 2023

Classification of Civil Actions Classification of Civil Actions What is action in personam?

⚫It is an action to enforce personal rights
As to • Action in personam and obligation against a person and is
• Local Action based on the jurisdiction of a person. The
the As to • Action in rem purpose of action in personam is to
place of • Transitory Action Object impose through a judgment some
filing • Action quasi in rem responsibility or liability directly upon the
person of the defendant.

May an action in personam be a real What is an action in rem? What is the meaning of a “thing”?
action at the same time? ⚫ The phrase, "against the thing," to describe in rem actions is a
⚫It is an action against the thing (res) itself, metaphor. It is not the "thing" that is the party to an in rem
rather than against a person. It is not just action; only legal or natural persons may be parties even in in
rem actions. "Against the thing" means that resolution of the
⚫Yes, if the action will impose personal binding on a particular person, but it is binding case affects interests of others whether direct or indirect. It
liability on a person with respect to a against the whole world. also assumes that the interests — in the form of rights or
duties — attach to the thing which is the subject matter of
particular real property (Munoz vs. ⚫Exs. Land registration cases, declaration of litigation. In actions in rem, our procedure assumes an active
Yabut, 650 SCRA 344). nullity of marriage, action for recognition. vinculum over those with interests to the thing subject of
litigation (De Pedro vs. Romasan).
 20 Feb 2023

De Pedro vs. Romasan Development

What is action quasi in rem? Corp. GR No. 194751, November 26, 2014
What is the significance of knowing action in
personam, action in rem and quasi in rem?
⚫It is an action where an individual is named as ⚫An action for annulment of title is a quasi in
⚫The distinction is important to
defendant and the purpose of the proceeding is rem. It is not an action against a person on
to subject defendant’s property to a burden or the basis of his personal liability but an action determine whether or not jurisdiction
lien. that subjects a person’s interest over a over the person of the defendant is
property to a burden. The action for
⚫Expls. Complaint with attachment, foreclosure annulment of a certificate of title threatens
required and consequently the type of
actions, action for partition, action for petitioner’s interest in the property. summons to be employed.
accounting.

Is notice or summons required in in rem May an in rem or quasi in rem action be

Gomez vs. CA, 425 SCRA 98,103
and quasi in rem actions? converted to action in personam?
⚫ To resolve whether there was valid service of summons ⚫ YES. ⚫ YES.
on respondents, the nature of the action filed against ⚫ Regardless of the nature of the action, proper service of ⚫ "If the defendant appears, the cause becomes mainly a suit
them must first be determined. As the Court explained summons is imperative. A decision rendered without proper in personam, with the added incident, that the property attached
remains liable, under the control of the court, to answer to any
in Asiavest Limited vs. Court of Appeals (G.R. No. service of summons suffers a defect in jurisdiction.
demand which may be established against the defendant by the final
128803, September 25, 1998, 296 SCRA 539, Respondent's institution of a proceeding for annulment of
judgment of the court. But, if there is no appearance of the
552), it will be helpful to determine first whether the petitioner's certificate of title is sufficient to vest the court defendant, and no service of process on him, the case becomes, in
action is in personam, in rem, or quasi in rem because with jurisdiction over the res, but it is not sufficient for the its essential nature, a proceeding in rem, the only effect of which is
the rules on service of summons under Rule 14 of the court to proceed with the case with authority and to subject the property attached to the payment of the demand
competence (De Pedro vs. Romasan Development which the court may find to be due to the plaintiff." (Banco-
Rules of Court of the Philippines apply according to the
Corp. GR No. 194751, November 26, 2014). Espanol vs. Palanca, 37 Phil. 921, citing Cooper vs.
nature of the action. Reynolds, 10 Wall., 308).
 20 Feb 2023

May summons by publication be made in May summons by publication be made in

Please take NOTE:
an action in personam? an action in personam?
⚫Summons by publication, as a general ⚫ YES.
⚫ YES.
rule, will not enable the court to ⚫ Section16. Service upon defendant whose identity or
⚫ Section 18. Residents temporarily out of the
whereabouts are unknown. — In any action where the
acquire jurisdiction over the person of defendant is designated as an unknown owner, or the like, Philippines. — When any action is commenced against a
the defendant (Pantaleon vs. Asuncion, 105 or whenever his whereabouts are unknown and cannot be defendant who ordinarily resides within the Philippines,
ascertained by diligent inquiry, within 90 calendar days
Phil. 761, 765; Citizens Surety & Insurance from the commencement of the action, service may,
but who is temporarily out of it, service may, by leave of
court, be also effected out of the Philippines, as under
Co., vs. Melencio-Herrera, 38 SCRA 369; by leave of court, be effected upon him by publication in a
the preceding section (Rule 14).
newspaper of general circulation and in such places and for
Magdalena Estate vs. Nieto, 125 SCRA 758). such time as the court may order (Rule 14). ⚫ Under the preceding section is Section 17.

Cause of Action Cause of Action

⚫Rule: ⚫What is a cause of action?

CAUSE OF ACTION
⚫Every ordinary civil action must be based ⚫It is an act or omission by which a party
on a cause of action (Sec. 1, Rule 2) violates a right of another. (Sec. 2, Rule
2)
 20 Feb 2023

Elements of Cause of Action Illustration Contract of Loan

Right pertaining to plaintiff Contract of Loan
⚫Right to collect
Correlative Obligation of the Culpa Aquiliana ⚫Obligation to pay
defendant
⚫Violation none payment
Violation of plaintiff’s right Contract of Sale
⚫Damage cannot get back
Damage suffered by plaintiff Contract of Lease his money

Culpa Aquiliana Contract of Sale Cause of Action vs. Right of Action

⚫ Cause of action is a ⚫ Right of action refers to the
⚫Right to be safe ⚫Right to be paid or demand delivery delict or wrong right of the plaintiff to
committed by the institute the action
⚫Obligation to be diligent ⚫Obligation to pay or deliver defendant ⚫ Right of action is regulated
⚫ Cause of action is by procedural law
⚫Violation due to negligence, ⚫Violation did not pay or deliver
created by substantive ⚫ Right of action may be taken
plaintiff was injured ⚫Damage did not receive the price or law away by stature of limitation
⚫Damage hospitalization expenses the ⚫ Cause of action may and estoppel.
not be affected by
thing sold estoppel, or statute of
limitation
 20 Feb 2023

When can we say that a complaint states a Failure to state a cause of action vs. Lack What is the test to determine whether a
cause of action? of cause of action complaint state a cause of action of not?
⚫ Failure to state a cause of action pertains to the insufficiency in the
⚫A complaint states a cause of action if it sufficiently allegations in the action, while lack of cause of action pertains
to insufficiency of evidence. ⚫ If the court can render a valid judgment based on the
avers the existence of the four (4) essential elements ⚫ Failure to state a cause of action can only be alleged as affirmative allegation in the complaint, the complaint states a cause
of a cause of action. If the allegations do not defense, while lack of cause of action is a ground for
demurrer to evidence. of action.
state the concurrence of these elements, the ⚫ The dismissal due the failure to state a cause of action does not ⚫ As a general rule, evidence aliunde should not be
complaint become vulnerable to a motion to constitute res judicata, while the dismissal on the ground of lack
of cause of action is a decision on the merits, thus, res considered. But annexed documents to the complaint
dismiss on the ground of failure to state a judicata. may be considered because they are part of the
⚫ Failure to state a cause of action should be alleged as affirmative
cause of action (Westmont Bank vs. Funai defense while motion to dismiss based on lack of cause of action is
complaint (Sea Land Service, Inc., vs. CA, 327
Philippines Corp., GR No. 175733, July 8, 2015). to be filed after the plaintiff has rested its case. SCRA 135; Alberto vs. CA, 334 SCRA 756).

Under the 2019 Amendment, should evidence be also Under the 2019 Amendment, should evidence be also
considered in determining whether the complaint alleges considered in determining whether the complaint alleges Splitting of Action
a cause of action or not? a cause of action or not?
⚫I submit that evidence should be considered in determining ⚫ In fact under Section 1, Rule 8, it is provided that every
⚫Rule:
whether a complaint alleges a cause of action. Under Section pleading shall contain in a methodical and logical for, a
6, Rule 7, it is required that the witnesses and the summary of
their respective testimony must be stated in the Complaint. It plain, concise and direct statement of the ultimate facts,
is also required that their respective judicial affidavit must be including the evidence, on which the party pleading ⚫A party may not institute more than
attached therewith. Also, the documentary and object relies his or her defense.
evidence in support of the allegation must be stated. If this the ⚫ This means that evidentiary facts are now required to be
one suit for a single cause of action
case, these evidence must be taken into account in
determining whether the complaint alleges a cause of action. alleged, not only ultimate facts. Thus, evidence must be (Sec. 2, Rule 2).
These evidence cannot be ignored because they are required considered in determining whether the complaint alleges
to be attached or stated in complaint. cause of action or not.
 20 Feb 2023

Splitting of Action Splitting of Action Illustration

⚫A, by means of force and intimidation, was
Recto Law
able to gain entry into the land of B. A
⚫A single cause of action may give rise to • Rescind the contract retained possession of the land of B for 5
several remedies. The availment of • Exact fulfilment of obligation years. B lost income from such
these remedies is prohibited as it is • Foreclose the mortgage dispossession in the amount of 2M.
tantamount to splitting of cause of Loan with mortgage ⚫Two cases cannot be filed: 1) for
action. • Foreclose the mortgage recovery of possession. 2) for recovery of
• Action for collection damages for lost income.

Problem Rule 1 Problem 2

⚫A enters into contract with B. There ⚫A obtained a loan from B for the principal
are three obligations in the contract: 1) amount of 400,000 payable in 4
⚫A contract embraces only one cause of
to deliver 100 sacks of rice; 2) to installments to be paid annually starting in
action even if it contains several December, 2016 and every December
deliver a car and 3) to deliver 100 sacks
of corn. All obligations are due. stipulations because it may be violated thereafter. A failed to pay the first
only once. installment.
⚫Can A file three suits for the three
⚫Can B file a collection case against A for
stipulations in the Contract? No.
the installment not paid?
 20 Feb 2023

Rule 2 Problem 3 Rule 3

⚫A obtained a loan from B for the principal
amount of 400,000 payable in 4
⚫A contract which provides for several installments to be paid annually starting in ⚫All obligations which have matured at
stipulations to be performed at different December, 2016 and every December the time of the suit must be integrated
times give rise to as many causes of thereafter. A failed to pay all installments. as one cause of action in one complaint,
⚫Can B file a collection case against A for
action as there are violations. the first installment not paid without and those not so included would be
violating the rule on splitting a cause of barred.
action?

Cases Cases Cases

⚫Industrial Finance vs. Apostol, 177 SCRA ⚫CGR Corp vs. Treyes, GR No. 170916, April
⚫Progressive Development Corp. 27, 2007 – However, the rule does not apply to a
521 - A bank cannot file a civil action against
the debtor for collection of debt and then vs. CA, 301 SCRA 637 – An action situation where the claim for damages arose out of
separate acts committed by the defendant after the
subsequently file an action for foreclosure of for forcible entry should include not occupancy of the premises subject of the action.
mortgage. This would be splitting a cause of only the plea for restoration of The Court sustained the separate action for
action. All obligations which have matured at damages and ruled that there was not litis
the time of the suit must be integrated as one
possession, but also claims for damages pendencia involved. The Court explained that the
arising out of forcible entry. The claim claim for damages has no direct relation to the loss
cause of action in one complaint, and those not of possession of the premises but resulted from
so included would be barred. for damages cannot be filed separately. acts separate from forcible entry.
 20 Feb 2023

Cases Umale vs. Canoga Park, 654 SCRA 155 Effect of Splitting a Cause of Action
Tests to ascertain whether two suits relate ⚫ Plaintiff filed an action for unlawful detainer against the
to a single or common cause of action tenant for violation of the lease agreement. During the
pendency of the case, the lease contract expired. The ⚫If two or more suits are instituted for a
Whether the same evidence would
support the first and second causes plaintiff filed again another case for unlawful detainer single cause of action, the filing of one or a
of action. based on expiration of contract.
Umale vs. Canoga
Park, 654 SCRA 155 Whether the defenses in one case ⚫ The SC rule, there is no splitting of cause of action. The
judgment upon the merits in any one is
may be used to substantiate the
complaint in the other
grounds are different. Besides, at the time that the first available as a ground for the dismissal of
case filed, the ground for the second case in not yet
Whether the cause of action in the existing.
another. (Sec. 4, Rule 2)
second case existed at the time of
the filing of the first complaint.

Joinder of causes of action is subject to the

Joinder of Causes of Action Illustration following conditions:
⚫A obtained a loan from B in the total ⚫ The party joining causes of action shall comply with the
⚫It is the assertion in one pleading, in rules on joinder of parties.
amount of 300K covered by three PN’s ⚫ The joinder shall not include special civil actions or actions
alternative or otherwise, as many each amounting to 100k. All of them
governed by special rules.
⚫ Where the causes of actions are between the same parties but
causes of action as he may have becomes due and demandable. B can
pertain to different venues or jurisdictions, the joinder may be
allowed in the RTC provided one of the cause of actions
against an opposing party. (Sec. 5, join the 3 causes of action in one
falls within the jurisdiction of said court and venue lies
therein.
Rule 2) complaint.
⚫ Where the claims in all causes of action are principally for
recovery of money, the aggregate amount claimed shall be the test
of jurisdiction (Section 5, Rule 2). – Totality test also in BP
129
 20 Feb 2023

The party joining causes of action shall Illustration 1 Illustration 2

comply with the rules on joinder
of parties. ⚫A obtained a loan from B in the total ⚫A is a passenger of the bus owned by B. The
⚫This condition is only applicable when two amount of 300K covered by three PN’s bus was bumped by a truck driven by C. A
each amounting to 100k. All of them was injured as a result thereof.
or more plaintiffs or two or more
⚫In a complaint for damages, can A joined B
defendants are joined in the pleading. This becomes due and demandable. B can
and C in the one complaint?
condition is not applicable when there is join the 3 causes of action in one ⚫Is there a need to follow the rule on
only one plaintiff and one defendant. complaint. joinder of parties?
⚫YES. Because there are two defendants.

Can a party assert in one pleading When is joinder of parties allowed? Let us simplify:
several causes of action pertaining
⚫All persons in whom or against whom any right to
to different persons? relief in respect to or arising out of the same The joinder of
transaction or series of transactions is alleged to parties is allowed
exist, whether jointly, severally or in the when:
◦ Yes, provided that the party joining the alternative, may, except as otherwise provided in
causes of action shall comply with the these Rules, join as plaintiffs or be joined as
defendants in one complaint, where any
rules on joinder of parties. questions of law or fact common to all such The causes of action There is common
plaintiffs or to all such defendants may arise in the arise out of the question of fact and
action. (Sec. 6, Rule 3) same transaction or law in the parties
series of transaction. joined
 20 Feb 2023

Amplification of Illustration 2 The joinder shall not include special civil

Illustration
actions or actions governed by
⚫A has cause of action against B for breach of special rules. ⚫A files a collection suit against B. In the same
contract. He has also cause of action against C for complaint he included a petition for judicial
culpa aquiliana or quasi-delict. Since there are two ⚫An ordinary civil action cannot be joined
defendants we have to refer to the rule on joinder of foreclosure of mortgage. Is joiner proper?
parties. with special civil action or action governed ⚫No.
⚫Joiner of parties requires that the causes of action by special rules. This is because special civil ⚫The cause of action for foreclosure of
arise out of the same transaction or series of action is governed by special rules which mortgage cannot be joined with collection suit
transaction and that there is common question of because the former is governed by the rules
law and fact in the parties joined. may not be applicable to ordinary civil on special civil action while collection suit is
action. governed by rules on ordinary civil action.

Where the causes of actions are between the

same parties but pertain to different venues or
Illustration 1 Illustration 1-A
jurisdictions, the joinder may be allowed in the ⚫Litoencroached two parcels of land belonging to ⚫Supposing the one who encroached the
RTC provided one of the causes of action falls Dayo. One parcel of land is located in Bataan.
The other is located in Pampanga. land in Pampanga is Louie, and the land on
within the jurisdiction of said court and venue Bataan was encroached by Lito, can
⚫Can Dayo join the two parcels of land in
lies therein. an accion publiciana to be filed in the RTC Dayo join them as defendants in the
of Bataan? RTC of Bataan?
⚫This condition is applicable when the ⚫Yes. Because the causes of action are against
suit is between the same parties. It has one defendant. It may be joined in the RTC ⚫No. Because the causes of action are
no application when the suit is filed against because one of the causes of action is within against two defendants. Joinder of parties
different parties. RTC jurisdiction and venue lies therein. are not allowed.
 20 Feb 2023

Illustration 2 Illustration 3 Illustration 4

⚫Lito encroached two parcels of land belonging ⚫Lito encroached two parcels of land belonging to ⚫Lito encroached two parcels of land belonging to
to Dayo. One parcels of land is located in Dayo in Bataan one month ago. Then he Dayo in Bulacan, the value of which is 20k. Then
Bataan with an assessed value of 1M. The other encroached on another land of Dayo located also he encroached on another land of Dayo located
parcel of land has an assessed valued of 95K. in Bataan with an assed value of 1M two years ago. also in Bataan with an assed value of 20k.
⚫Can Dayo join the two parcels of land in ⚫Can Dayo join the case of forcible entry and ⚫Can Dayo join the cases of forcible entry in
an accion publiciana to be filed in the accion publiciana in one complain to be filed one complaint to be filed in the MTC of
RTC of Bataan? in the RTC of Bataan? Bataan?
⚫Yes, because one of the causes of action is ⚫No. One of the causes of action is governed by ⚫No. The joinder may be allowed in the RTC, not in
within the jurisdiction of RTC. special rule. MTC.

Where the claims in all causes of action What is the effect of misjoinder of
are principally for recovery of money, the cause of action?
aggregate amount claimed shall be the
test of jurisdiction
⚫Misjoinder of causes of action is not a
⚫The total amount of the claims from
PARTIES
ground for dismissal of an action. A
different causes of action will determine the misjoined cause of action may, on motion
jurisdiction. of a party, or in the initiative of the court,
be severed and proceeded separately.
 20 Feb 2023

Who are the parties to civil action? Who may be parties to civil action? Entities authorized by law
⚫ Corporation by estoppel under Section 21 of the

Plaintiff
• The term "plaintiff" may refer to the
claiming party, the counter-claimant, the Natural persons Corporation Code
⚫ Estate of a deceased person
cross-claimant, or the third (fourth, etc.)
— party plaintiff. ⚫ A legitimate labor organization under the Labor Code
Section 1, Rule 3
Juridical persons ⚫ The Roman Catholic Church and as to its properties, the
archbishop or diocese, to which they belong may be a
• The term "defendant" may refer to the party.
Defendant original defending party, the defendant in
⚫ A dissolved corporation may prosecute and defend suits
a counter-claim, the cross-defendant, or
the third (fourth, etc.) — party defendant. Entities authorized by law within 3 years under Article 122 of the Corporation
Code.

What is the effect if the party impleaded Is it required to aver the parties’ capacity
Entities authorized by law
is not authorized to be a party to suit? to sue and be sued?
⚫Section 15. Entity without juridical ⚫ Where the plaintiff is not a natural person or a juridical
personality as defendant. — When two or
person or an entity authorized by law, a motion to dismiss ⚫Section 4. Capacity. — Facts showing the
may be filed on the ground that the “plaintiff has no legal
more persons not organized as an entity with capacity to sue” under Section 1(d), Rule 16. capacity of a party to sue or be sued or the
juridical personality enter into a transaction,
⚫ Where it is the defendant who is not natural person or a authority of a party to sue or be sued in a
juridical person or an entity authorized by law, the complaint
may be dismissed on the ground the “pleading asserting representative capacity or the legal
they may be sued under the name by which the claim states no cause of action” or failure to existence of an organized association of
they are generally or commonly known state a cause of action under Section 1(g), Rule 16
because a complaint cannot possibly state a cause of action person that is made a party, must be
(Rule 3). against one who cannot be a party to a civil action. averred (Rule 8).
 20 Feb 2023

Parties to Civil Actions How do we determine who is the real

Who is real party in interest?
party-in-interest?
Classes of Parties ⚫A real party in interest is the party who stand ⚫The determination of who the real party in
to be benefited and injured by the judgment of interest requires the examination of elements of a
• Real parties-in-interest the suit, or the party entitled to the avails of cause of action. A cause of action involves the
• Representative parties the suit. existence of a right and violation of such right.
⚫Unless otherwise authorized by law or the
• Permissive parties rules of court, every action must be ⚫Thus, the owner of the right violated is the real
• Indispensable parties prosecuted or defended in the name of the party in interest as plaintiff and the one violating
• Necessary parties real party in interest. (Sec. 2, Rule 3) the right is the real party in interest as defendant.

Illustration Illustration What is the affect if a party is not a real a

⚫A mere agent, who is not an assignee of the principal,
real party-in-interest?
⚫Should a lawful possessor be disturbed in his
cannot bring suit under a deed of sale entered into in possession, it is the possessor, not necessarily the ⚫ Ifa suit is not brought in the name of or against the real party
behalf of his principal because it is the principal, not the in interest, a motion to dismiss may be filed on the ground that
agent, who is the real party in interest (Uy vs. CA, 314 owner of the property who can bring the action to
the complaint states no cause of action (Spouses Laus vs.
SCRA 69). recover the possession. The argument that the optimum Security Services, GR No. 208343, February
⚫ An agent’s authority to file suit cannot be inferred from his complaint states no cause of action because the suit 3, 2016).
authority to collect or receive payments; the grant of was filed by a mere possessor and not the owner is
special powers cannot be presumed from the grant of ⚫ Please take NOTE:
not correct (Philippine Trust Company vs.
general powers (V-Gent Inc., vs. Morning Travel and
Court of Appeals, 320 SCRA 719). ⚫ Under the amendment, this ground should not be alleged as
Tours, GR No. 186305, July 22, 2015).
affirmative defense.
 20 Feb 2023

If the action is prosecuted or defended through

Representative Parties a representative, is it required that the Indispensable Parties
⚫An action may be prosecuted or defended beneficiary should be included in the title?
⚫Who is an indispensable party?
through a representative. ⚫ YES.
⚫ Where the action is allowed to be prosecuted or defended by ⚫An indispensable party is party in interest
a representative or someone acting in a fiduciary capacity, the without whom no final determination can
⚫A representative may be a trustee of an beneficiary shall be included in the title of the case and shall be
express trust, a guardian, an executor or
deemed to be the real party in interest (Section 3, Rule 3). be had of an action.
⚫ Exception: An agent acting in his own name and for the benefit
administrator, or a party authorized by law or of an undisclosed principal may sue or be sued without joining ⚫Indispensable parties shall be joined as
these Rules (Section 3, Rule 3). the principal except when the contract involves things plaintiffs or defendants (Sec. 7, Rule 3)
belonging to the principal (id.)

Effect of failure to implead Effect of failure to implead

indispensable party
Jurisprudential Illustration
indispensable party
⚫ Failure to join an indispensable party will not result in the ⚫In an action for partition of land, all co-owners are
outright dismissal of the action. Instead, parties may be dropped ⚫Any decision rendered by a court without first indispensable parties. (De la Ra vs. De la Ra, 2
or added by the court on motion of any party or on its own obtaining the required jurisdiction over indispensable Phil. 294)
initiative at any stage of the action and on such terms as are just.
parties is null and void for want of jurisdiction ⚫In an action for annulment of partition, all the
(Sec. 11, Rule 3).
(Florete, Jr. vs. Florete, Sr. GR 174909, January heirs are indispensable parties (Caram vs. CA,
⚫ Itis when the order of the court to implead an indispensable 20, 2016), not only as to the absent parties but even 101 Phil. 315)
party goes unheeded may the case be dismissed for failure to as to those present (People vs. Go, GR 201644, ⚫In an action for recovery of ownership of land, all
comply with the order of the Court (Sec. 3, Rule 17; Plasabas persons claiming ownership are indispensable
September 24, 2014).
vs. CA 582 SCRA 686).
parties (Manza vs. Santiago, 96 Phil. 938).
 20 Feb 2023

St. Luke’s College of Medicine vs. Spouses St. Luke’s College of Medicine vs. Spouses
Jurisprudential Illustration Perez, GR No. 222740, September 28, Perez, GR No. 222740, September 28,
2016 2016
⚫The registered owner of a lot whose title the plaintiff ⚫ An indispensable party is defined by the Rules of Court as a party-in-
seeks to nullify is an indispensable party (Cagatao vs. ⚫ Students of St. Lukes were required to undergo clerkship as interest without whom no final determination can be had of an action.
Almonte, GR No. 174004, October 9, 2013). requirement for graduation and were assigned to Cabiao ⚫ In the present case, respondents premise petitioners' liability on their
⚫A transferee of a property pendente lite is not an Community Clinic in Cabiao, Nueva Ecija. The clinic is owned contractual obligation to their students and, certainly, complete relief
indispensable party, as it would, in any even, be bound by by the Municipality of Cabiao. The clinic where the students and a final judgment can be arrived at by weighing the claims and
the judgment against his predecessor (Santiago Land were housed was gutted by fire which caused their death. defenses of petitioners and respondents, without need of evaluating
Development Corp. vs. CA, 267 SCRA 79). the claims and defenses of the Municipality of Cabiao. If at all, the
⚫ The parents of the student who died in fire filed a case against Municipality of Cabiao is a necessary party whose non-inclusion in the
⚫The person whose right to the office is challenged is an
indispensable party. No action can proceed unless he is St. Lukes , et.al. But they did not implead the Municipality of case at bar shall not prevent the court from proceeding with the
Cabiao. action.
joined (Lozano vs. Valencia, 227 SCRA 726).
⚫ Is Municipality of Cabiao an indispensable party?

Duty of pleader if a necessary party is

Necessary Party Example of Necessary Party
not joined
⚫It is one who is not indispensable but who ⚫ In an action for collection of debt instituted by the creditor
against the surety, the principal debtor is merely a necessary ⚫Whenever in any pleading in which a claim
ought to be joined as a party if complete party (Vano vs. Alo, 95 Phil. 495).
relief is to be accorded as to those already ⚫ In an action for foreclosure of REM instituted by the first
is asserted a necessary party is not joined,
parties, or for a complete determination or mortgagee, the second mortgagee is merely a necessary party the pleader shall set forth the name of the
(Somes vs. Govt. of Phil., 62 Phil. 432). necessary party, if his name is known, and
settlement of the claim subject of the action ⚫ Solidarity does not make solidary obligor an indispensable party
(Sec. 8, Rule 3). in a suit filed by the creditor against another solidary debtor shall state why such party is omitted (Sec.
(Republic vs. Sandiganbayan, 173 SCRA 72). 9, Rule 3)
 20 Feb 2023

May the Court order joinder of Effect of failure to comply with Effect of justified non-inclusion of
necessary party? the order of the court. a necessary party
⚫If the reason given for the non-joinder of ⚫The non-inclusion of a necessary party
necessary party is found by the court not ⚫Itshall be deemed a waiver of claim against does not prevent the court from
meritorious, it may order the pleader to such party. (Sec. 9, Rule 3) proceeding in the action, and the judgment
join the omitted party if jurisdiction over his rendered therein shall be without prejudice
person may be obtained. (Sec. 9, Rule 3) to the rights of such necessary party. (Sec.
9, Rule 3)

Is misjoinder of parties or non-joinder

of parties a ground for dismissal of an Alternative Defendant Example of Alternative Defendant
action? ⚫Where the plaintiff is uncertain against who ⚫Karla is a passenger of a bus owned by X Co. The bus
was bumped by a truck owned by Y Co.
⚫Neither misjoinder nor non-joinder of parties is a of several person he is entitled to relief, he ⚫Karla may join X Co. and Y Co. as defendants in a
ground for dismissal of an action. Parties may be may join any or all of them as defendants in damage suit that she may be filing.
dropped or added by order of the court, on alternative, although the right of relief ⚫That Karla has a different cause of action against X
motion of any party or upon its own initiative at Co which is culpa contractual and culpa aquilina as
any stage of the action and on such terms as are against one may be inconsistent with the against Y Co is immaterial. The rule says plaintiff may
just. Any claim against a misjoined party may be right of relief against the other. (Sec. 13, join all them although the right of relief against one
severed or proceeded with separately. (Sec. 11, may be inconsistent with the right of relief against the
Rule 3)
Rule 3). other.
 20 Feb 2023

Commonality of interest in the

Class Suit Conditions for a Valid Class Suit subject matter
⚫A class suit does not require a commonality of interest
⚫When the subject matter of controversy is
The subject matter of the controversy is one of in the questions involved in the suit. What is required by
one of common or general interest to many common or general interest to many persons. the Rules is a common or general interest in the subject
persons so numerous that it is impracticable matter of the litigation. The “subject matter” of the
to join them all as parties, a number of them litigation meant the physical, the things real or personal,
The parties are so numerous that it is the money, lands, chattels, and the like, in relation to the
which the court finds to be sufficiently numerous impracticable to bring them all before the court. suit which is prosecuted and not the delict or wrong
and representative as to fully protect the interest committed by the defendant (Mathay vs.
of all concerned may sue or defend for the The object of the suit is to obtain relief for or Consolidated Bank & Trust Co., 58, SCRA 559,
against numerous persons. 571).
benefit of all. (Sec. 12, Rule 3).

Juana Complex I Homeowners Assn., Inc., vs. Fil-

Estate, Land, Inc., GR No. 152272, March 5, 2012 Death of Party Death of Party
⚫ The developer closed a road which were used by the
residents of inland subdivisions for entry and exit to ⚫What is the duty of the lawyer in case a party ⚫May the heirs of the deceased party be
SLEX. Some of the resident filed a class suit against the dies? allowed to substitute?
developer.
⚫ Is class suit proper? ⚫Ifthe party dies and the claim is not extinguished, his
⚫ YES.
⚫Yes. The heirs of the deceased may be
duty is to inform the court of such fact within 30
⚫ the suit is clearly one that benefits all commuters and days after such death and to give the name and
allowed to be substituted for the deceased
motorists who use La Paz Road. They have common address of the legal representatives of the deceased without need for the appointment of
interest on the subject matter of the controversy which
party. (Sec. 16, Rule 3). executor or administrator. (Sec. 16, Rule
is the closure of road. 3).
 20 Feb 2023

Examples of Actions which Survive Examples of actions which

Action on Contractual Money Claims
do not survive
Nullity of ⚫When the action is for recovery of money, arising
Action to recover real or personal property marriage from contract, express or implied and the defendant
Action for dies before entry of final judgment in the court in
Actions to enforce lien thereon
support which the action was pending at the time of such
Actions to recover damages for an injury to persons death, it shall not be dismissed but it shall be allowed
Legal separation to continue until final judgment. Favorable judgement
Actions arising from delicts. shall be claimed in the estate proceedings of the
Actions for
recognition deceased defendant. (Sec. 20, Rule 3).

Relate Sec. 20, Rule 3 to Sec. 5, Rule 86:

Meaning of Pleading
⚫ All claims for money against the decedent, arising from
contract, express or implied, whether the same be due, not
due, or contingent, all claims for funeral expenses and ⚫Pleadings are written statements of the
expense for the last sickness of the decedent, and
respective claims and defenses of the
judgment for money against the decedent, must be filed x PLEADINGS
x x x x (Section 5, Rule 86). parties submitted to the court for
⚫ Section 1. Notice to creditors to be issued by court. —
Immediately after granting letters testamentary or of appropriate judgment (Sec. 1, Rule 6).
administration, the court shall issue a notice requiring all
persons having money claims against the decedent to file
them in the office of the clerk of said court (Rule 86).
 20 Feb 2023

RULE 6
RULE 6
PLEADINGS
Pleading Allowed Section 2; Pleading allowed Section 3; Complaint
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments

Section 2 Pleadings allowed. - The claims of a Section 2 Pleadings allowed. - The claims of a
Section 3 Complaint. - The complaint is Section 3 Complaint. - The
the pleading alleging the plaintiff’s cause or
• Complaint party are asserted in a complaint, counterclaim, party are asserted in a complaint, counterclaim,
causes of action. The names and complaint is the pleading
cross-claim, third (fourth, etc.)-party complaint, cross-claim, third (fourth, etc.)-party complaint,
• Counterclaim or complaint-in- intervention. or complaint-in- intervention. residences of the plaintiff and defendant alleging the plaintiff’s or
Sec. 2, •
•
Cross-claim
Third party complaint
The defenses of a party are alleged in the The defenses of a party are alleged in the
answer to the pleading asserting a claim against answer to the pleading asserting a claim against
must be stated in the complaint. claiming party’s cause or
causes of action. The names
Rule 6 •
•
Complaint-in-intervention
Answer
him.
An answer may be responded to by a reply.
him or her.
An answer may be responded to by a reply only
if the defending party attaches an
and residences of the plaintiff
and defendant must be stated
• Reply
actionable document to the answer. in the complaint.

What is the rule on payment of

Significance of the filing of complaint Please Note: docket fee?
⚫ The filing of the complaint in court signifies the ⚫It is not simply the filing of the complaint or ⚫ The rule on the payment of docket is liberal. If the
commencement of the civil action (Sec. 5, Rule 1). appropriate initiatory pleading, but the initiatory pleading is not accompanied by a correct
payment of the prescribed docket fee, that docket fee, the court may allow payment of the fee
⚫ By the filing of the complaint, the court acquires vests a trial court with the jurisdiction over within reasonable time, but in no case beyond the
jurisdiction over the person of the plaintiff. the subject matter or nature of the action applicable prescriptive period. (The Heirs of Reynoso,
(Proton Pilipinas Corporation vs. Sr., vs. CA, 654 SCRA 1, 9-10).
⚫ Italso has the effect of interrupting the prescription of Banque National de Paris (460 SCRA ⚫ It will not lead to automatic dismissal of the complaint
actions pursuant to Article 1155 of the Civil Code. 260, 276). (Sy-Vargas vs. The Estate of Ogsos GR 221062,
October 5, 2016).
 20 Feb 2023

Answer Kinds of Defenses RULE 6

Section 5; Defenses
1997 Rules of Civil Procedure 2019 Amendments

• It is a specific denial of a material fact

or facts alleged in the pleading of the Section 5 Defenses. — Defenses Section 5 Defenses. — Defenses
Negative
Section • It is one which the claimant essential to his cause or
causes of action
may either be negative or may either be negative or
affirmative. affirmative.
defending party sets
4, Rule forth his or her
(a) A negative defense is the specific
denial of the material fact or facts
(a) A negative defense is the specific
denial of the material fact or facts
6 defenses.
Affirmative
• It is an allegation of new matter,
which, while hypothetically admitting
the material allegations in the pleading
alleged in the pleading of the
claimant essential to his cause or
alleged in the pleading of the
claimant essential to his or her
of the claimant would nevertheless causes of action. cause or causes of action.
prevent or bar recovery from him.

RULE 6 RULE 6 RULE 6

Section 5; Defenses Section 5; Defenses Section 5; Defenses
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
(b) An affirmative defense is an allegation of a (b) An affirmative defense is an allegation of a Affirmative defense may also ⚫ Aside from the affirmative defenses in Section 5(b), the
new matter which, while hypothetically new matter which, while hypothetically include grounds for dismissal of affirmative defense may also include other grounds for
admitting the material allegations in the admitting the material allegations in the
pleading of the claimant, would nevertheless pleading of the claimant, would nevertheless
a complaint, specifically, that a motion to dismiss specifically, that the court has no
the court has no jurisdiction
prevent or bar recovery by him. The prevent or bar recovery by him or her. The jurisdiction over the subject matter, that there is
affirmative defenses include fraud, statute of affirmative defenses include fraud, statute of over the subject matter, that
limitations, release, payment, illegality, statute limitations, release, payment, illegality, statute there is another action pending another action pending between the same parties for
of frauds, estoppel, former recovery, of frauds, estoppel, former recovery,
discharge in bankruptcy, and any other matter discharge in bankruptcy, and any other matter
between the same parties for the same cause, or that the action is barred by a prior
by way of confession and avoidance. by way of confession and avoidance. the same cause, or that the judgment.
action is barred by a prior
judgment. ⚫ This section should be read in conjunction with
Section 12, Rule 8.
 20 Feb 2023

Counterclaim Kinds of Counterclaim Compulsory Counterclaim

⚫ Sec. 7, Rule 6
Sec. 6, Rule 6
⚫A compulsory counterclaim is one which, being cognizable by the
Compulsory regular courts of justice, arises out or is connected with the
transaction or occurrence constituting the subject matter of the
A counterclaim is opposing party’s claim and does not require for its adjudication the
presence of third parties of whom the court cannot acquire
any claim which a jurisdiction. Such counterclaim must be within the jurisdiction of
defending party may Permissive the court both as to the amount and the nature thereof, except
that in the original action before the RTC, the counterclaim may
have against an be considered compulsory regardless of the amount. A
compulsory counterclaim not raised in the same action is
opposing party. barred, unless otherwise allowed by these Rules.

RULE 6 RULE 6
Section 7; Compulsory counterclaim Section 7; Compulsory counterclaim
Section 11, Rule 9
1997 Rules of Civil Procedure 2019 Amendments
Section 7 Compulsory counterclaim. — A Section 7 Compulsory counterclaim. — A ⚫A counterclaim which either matured or was
⚫ The 2019 Amendments included in the definition of
acquired by a party after serving his pleading
compulsory counterclaim is one which, being cognizable compulsory counterclaim is one which, being
by the regular courts of justice, arises out of or is
connected with the transaction or occurrence
cognizable by the regular courts of justice, arises compulsory counterclaim the admonition that failure to
out of or is connected with the transaction or raise the compulsory counterclaim in the same action shall
constituting the subject matter of the opposing party's
claim and does not require for its adjudication the occurrence constituting the subject matter of the
be considered barred unless otherwise allowed by the may, with the permission of the court, be
opposing party's claim and does not require for its
rules. presented as counterclaim by supplemental
presence of third parties of whom the court cannot
acquire jurisdiction. Such a counterclaim must be within adjudication the presence of third parties of whom
⚫ Is there an instance where the Rules allow the
the jurisdiction of the court both as to the amount and the court cannot acquire jurisdiction. Such a
the nature thereof, except that in an original action
before the Regional Trial Court, the counterclaim may be
counterclaim must be within the jurisdiction of the
court both as to the amount and the nature prosecution of a counterclaim even it was not pleading before judgment.
considered compulsory regardless of the amount. thereof, except that in an original action before the raised in the same action?
Regional Trial Court, the counterclaim may be
considered compulsory regardless of the amount. ⚫ Yes, under Section 11, Rule 9.
A compulsory counterclaim not raised in the
same action is barred, unless otherwise
⚫ Please take note: there is also the same admonition under
allowed by these Rules. Section 2, Rule 9.
 20 Feb 2023

Elements of compulsory counterclaim Test to determine compulsory Example of compulsory counterclaim

counterclaim
⚫ It arises out of or is necessarily connected with the ⚫A counterclaim for damages and attorney’s fees as a result of an
transaction or occurrence which is the subject matter of ⚫ Are the issues of fact and law raised by the claim and action filed against petitioner is compulsory (Tiu po vs. Bautista,
the opposing’s party’s claim. counterclaim largely the same? 103 SCRA 388)
⚫ Would res judicata bar a subsequent suit on defendant’s
⚫ It does not require for its adjudication the presence of ⚫ In an action for recovery of possession of real estate - the expense
claim about the compulsory counterclaim?
for clearing and cultivation is a compulsory counterclaim even if it
third parties over whom the court cannot acquire ⚫ Will substantially the same evidence support or refute
is inconsistent with defense of ownership (Camara vs. Aguilar,
jurisdiction. plaintiff’s claim as well as defendant’s counterclaim?
94 Phil. 527)
⚫ Such counterclaim must be within the jurisdiction of the ⚫ Is there any logical relation between the claim or counter
⚫ In an action by the debtor against the creditor to prevent extra-
claim?
court both as to amount and nature thereof (Alba vs. ⚫ If all YES, the counterclaim is compulsory
judicial foreclosure of chatter mortgage, creditor should file a
Malapajo, GR No. 198752, January 13, 2016). ⚫ NAMARCO doctrine
counterclaim for mortgage debt and damages, provided the debt is
already due (Papa vs. Banaag, 17 SCRA 1093)

What is the effect of failure to

plead counterclaim? Possible Bar Problem Suggested Answer
⚫A files an ejectment suit against B before the MTC.
⚫A counterclaim not set up shall be barred ⚫The MTC cannot entertain the entire counterclaim
B filed an answer with counterclaim. B claims that of B. The entire counterclaim of B is beyond the
(Section 7, Rule 6 and Sec. 9, Rule 11).
he should be reimbursed for the improvement he jurisdiction of the MTC. It is provided in Section 7,
⚫A counterclaim which either matured or was
introduced to the real property of A. The amount Rule 6 that the counterclaim must be within the
acquired by a party after serving his pleading may, of counterclaim that B demands is 1M.
with the permission of the court, be presented as jurisdiction of the court both as to the amount and
counterclaim by supplemental pleading before nature thereof. The counterclaim that can be set up
⚫Can the MTC entertain the counterclaim of will only be limited to the jurisdictional amount of
judgment (Sec. 9, Rule 11).
B? the MTC.
 20 Feb 2023

Suggested Answer If the amount of the counterclaim

Possible Bar Problem
exceeds the jurisdiction of the
⚫A files a recovery of possession case against B before
⚫ Yes, the RTC can entertain the counterclaim of court, what is the effect?
B.
the RTC. B filed an answer with counterclaim. B claims
⚫ While the counterclaim of B is not within the
that he should be reimbursed for the improvement he
jurisdictional amount of RTC, it can still entertain the ⚫Thecounterclaim cannot be treated as
introduced to the real property of A. The amount of
counterclaim that B demands is 200K.
counterclaim of B. It is provided in Section 7, Rule 6 compulsory, but permissive since the
that if the original action is before the RTC, the
counterclaim may be considered compulsory regardless
amount exceeds the jurisdiction of the
⚫ Can the RTC entertain the counterclaim of B? of the amount. Court.

What if the amount claimed as Can a party file a Motion to Dismiss with Permissive Counterclaim
counterclaim is not within the counterclaim?
⚫A counterclaim is permissive if it does not arise out or is
jurisdiction of the RTC, can the latter
⚫No. If the dismissal of the main action results in the not necessarily connected with the subject matter of the
court dismiss said counterclaim? dismissal of the counterclaim already filed, it stands opposing party’s claim. It is essentially an independent
to reason that the filing of a motion to dismiss the claim that may be filed separately in another case (Alba
⚫No. When the original action is filed with complaint is an implied waiver of the compulsory vs. Malapajo, GR No. 198752, January 16, 2016).
the RTC, the counterclaim may be counterclaim because the grant of the motion ⚫ A counterclaim for damages based on a quasi-delict

deemed compulsory regardless of the ultimately results in the dismissal of the complaint cannot be pleaded as compulsory counterclaim in an
action for unlawful detainer (Arenas vs. CA, 345
amount (Sec. 7, Rule 6). (Financial Building Corp. vs. Forbes Park
SCRA 617, 625-626).
Association, 338 SCRA 346, 354).
 20 Feb 2023

Alba vs. Malapajo, GR No. 198752, Alba vs. Malapajo, GR No. 198752, Alba vs. Malapajo, GR No. 198752,
January 16, 2016 January 16, 2016 January 16, 2016
⚫ Alba filed a complaint for recovery of ownership and/or ⚫ There is a logical relationship between the claim and the
declaration of nullity or cancellation of title and damages ⚫ Petitioner seeks to recover the subject property by counterclaim, as the counterclaim is connected with the transaction
alleging that the deed of sale which was used to cancel his assailing the validity of the deed of sale on the subject or occurrence constituting the subject matter of the opposing
title was a forged document and respondent was the author property which he allegedly executed in favor of party's claim. Notably, the same evidence to sustain respondents'
thereof. respondents Malapajo on the ground of forgery. counterclaim would disprove petitioner's case. In the event that
⚫ Malapajo filed an answer with counterclaim alleging that Alba respondents could convincingly establish that petitioner actually
Respondents counterclaimed that, in case the deed of
obtained a loan from him secured by REM over the subject executed the promissory note and the real estate mortgage over
property. He claimed for damages and for reimbursement of sale is declared null and void, they be paid the loan the subject property in their favor then petitioner's complaint
petitioner's loan from them plus the agreed monthly interest petitioner obtained from them plus the agreed monthly might fail. Petitioner's claim is so related logically to respondents'
in the event that the deed of sale is declared null and void on interest which was covered by a real estate mortgage on counterclaim, such that conducting separate trials for the claim and
the ground of forgery. the subject property executed by petitioner in favor of the counterclaim would result in the substantial duplication of the
⚫ What is the nature of counterclaim? respondents. time and effort of the court and the parties.

RULE 6
Cross-claim Section 8; Cross-claim Illustration
1997 Rules of Civil Procedure 2019 Amendments
⚫Plaintiff sues Defendant 1 and
⚫A cross-claim is any claim by one party Section 8 Cross-claim. — A cross-claim is any Section 8 Cross-claim. - A cross-
against a co-party arising out of the
claim by one party against a co-party arising
claim is any claim by one party Defendant 2 for collection of loan.
out of the transaction or occurrence that is

transaction or occurrence that is the subject

the subject matter either of the original action
or of a counterclaim therein. Such cross-claim
against a co-party arising out of the
transaction or occurrence that is the
Defendant 1 may file a cross-claim
matter either of the original action or of a
may include a claim that the party against
whom it is asserted is or may be liable to the
subject matter either of the original
action or of a counterclaim therein.
against Defendant 2 if the former
counterclaim therein. Such cross-claim
cross-claimant for all or part of a claim
asserted in the action against the cross- Such cross-claim may cover all or acted only as accommodation party and
part of the original claim.
may cover all or part of the original that the actual debtor is Defendant 2
claimant.

claim. (Section 8, Rule 6).

 20 Feb 2023

What is the effect if a cross-claim is not Can cross-claim be set-up for the first
Please take NOTE:
set-up? time on appeal?
⚫A cross-claim must be related to the ⚫It shall be barred (Sec. 2, Rule 9). ⚫ NO.
original action or counter-claim therein. ⚫ While defendant may have a definite cause of action
The rules says the cross-claim must arise ⚫NOTE: the cross-claim that is considered barred is against the co-defendant, it cannot succeed in seeking
“out of the transaction or the cross-claim already existing at the time the judicial sanction against the latter if the records disclose
occurrence that is the subject answer is filed, not the cross-claim that may mature that no cross-claim was interposed, nor was there a
matter either of the original action or may be acquired after service of the answer. As prayer that the co-defendant should be liable for all the
or of a counterclaim therein.” (Sec. to the latter Section 9, Rule 11 declares that it may, claims that may be adjudged in favour of the plaintiff.
by leave of court, be presented by supplemental (Loadmasters Customs Services, Inc., vs. Glodel
8, Rule 6). pleading before judgment. Brokerage Corp., 639 SCRA 69, 86).

May cross-claim which matured after May cross-claim which was not set up RULE 6
filing the answer be still set-up? because of oversight be still set up? Section 9; Counter-claim and counter cross-claim
1997 Rules of Civil Procedure 2019 Amendments

⚫YES. ⚫YES. Section 9 Counter-counterclaims and Section 9 Counter-counterclaims and

counter-cross-claims. — A counterclaim counter-cross-claims. — A counterclaim
⚫Under Section 9, Rule 11, a cross-claim which ⚫Under Section 10, Rule 11, when pleader may be asserted against an original may be asserted against an original
matured or was acquired by a party after serving his fails to set up a cross-claim through counter-claimant. counter-claimant.

pleading may, with permission from the court, be

presented as a cross-claim by supplemental pleading
oversight, inadvertence or execusable A cross-claim may also be filed against an A cross-claim may also be filed against an
original cross-claimant. original cross-claimant.

before judgment neglect, or when justice requires, he may, by

leave of court, set up the cross-claim by
amendment before judgment.
 20 Feb 2023

Reply As a general rule, is filing of When is the filing of Reply necessary?

⚫A reply is a pleading, the office or Reply required?

⚫The filing of Reply is necessary when the
function of which is to deny, or allege defendant attached an actionable document to his
facts in denial or avoidance of new ⚫No. This is because all new or her answer. The Rules says: “In the event of an
matters alleged in, or relating to, said matters alleged in the answer are actionable document attached to the reply, the
defendant may file a rejoinder if the same is based
actionable document. (Section 10, deemed controverted. (Section solely on an actionable document.” (Section 10,
Rule 6). 10, Rule 6). Rule 6).

RULE 6 RULE 6 RULE 6

Section 10; Reply Section 10; Reply Section 10
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
⚫ Section 10, Rule 6 of the 2019 Amendments retains the idea that all
Section 10 Reply. — A reply is a pleading, the Section 10 Reply. — All new matters alleged new matters alleged in the Answer are deemed controverted. In this
office or function of which is to deny, or in the answer are deemed controverted. If
allege facts in denial or avoidance of new the plaintiff wishes to interpose any claims
If the plaintiff wishes to interpose any claims A reply is a pleading, the office or function of respect, the filing of Reply may not be necessary.
arising out of the new matters so alleged, which is to deny, or allege facts in denial or
matters alleged by way of defense in the arising out of the new matters so alleged, avoidance of new matters alleged in, or ⚫ However, the filing of Reply may be required if the defending party
such claims shall be set forth in an amended
answer and thereby join or make issue as to such claims shall be set forth in an amended attaches an actionable document to his or her answer. The plaintiff,
or supplemental complaint. relating to, said actionable document.
such new matters. If a party does not file such or supplemental complaint. However, the
reply, all the new matters alleged in the plaintiff may file a reply only if the defending In the event of an actionable document therefore, has to file a Reply to deny under oath the due execution or
answer are deemed controverted. party attaches an actionable document to his attached to the reply, the defendant may file a genuineness of the actionable document attached to the Answer of
or her answer. rejoinder if the same is based solely on an the defending party.
actionable document.
⚫ This idea of filing a Reply cascaded in the definition of Reply. Thus,
reply is a pleading, the office or function of which is to deny, or allege
facts in denial or avoidance of new matters alleged in, or relating to,
said actionable document.
 20 Feb 2023

RULE 6 RULE 6
Section 10
Third-Party Complaint, etc. Section 11; Third, (fourth, etc.)-party complaint
1997 Rules of Civil Procedure 2019 Amendments
⚫ What is the effect if the plaintiff failed to file a reply ⚫A third (fourth, etc.)-party complaint is a claim
when the defending party attaches actionable
documents upon which he or she bases his or her
that a defending party may, with leave of Section 11 Third, (fourth, etc.)—party
complaint. — A third (fourth, etc.) — party
Section 11 Third, (fourth, etc.)-party
complaint. — A third (fourth, etc.)-party
defense? court, file against a person not a party to the complaint is a claim that a defending party
may, with leave of court, file against a person
complaint is a claim that a defending party
may, with leave of court, file against a person
⚫ Section 8, Rule 8 will operate. Failure on the part of the action, called the third (fourth, etc.)-party not a party to the action, called the third not a party to the action, called the third
(fourth, etc.) — party defendant for (fourth, etc.)-party defendant for
plaintiff to file a reply when the defending party attaches defendant, for contribution, indemnity, contribution, indemnity, subrogation or any contribution, indemnity, subrogation or any
actionable documents upon which he or she bases his or her other relief, in respect of his opponent's other relief, in respect of his or her
defense is an implied admission of the due execution and subrogation or any other relief, in respect of claim. opponent's claim.
genuineness of the said actionable documents. his opponent's claim (Section 11, Rule 6).
⚫ Thus, the plaintiff will not be permitted to present evidence (CISO in respect of his opponent’s claim)
that will be contrary to his implied admission.

RULE 6 RULE 6 RULE 6

Section 11; Third, (fourth, etc.)-party complaint Section 11; Third, (fourth, etc.)-party complaint Section 11; Third, (fourth, etc.)-party complaint
1997 Rules of Civil Procedure 2019 Amendments
The third (fourth, etc.)-party complaint shall ⚫Under the old Rule, there is no requirement that ⚫ Under the 2019 Amendments, the admission of the third party
be denied admission, and the court shall
the third party claim, etc., must be related to the complaint, etc., is subject to well defined parameters.
require the defendant to institute a separate
⚫ The third party complaint (fourth, etc.,) shall be denied if:
action, where: (a) the third (fourth, etc.)-
party defendant cannot be located within
main action. The third party claim may be entirely
thirty (30) calendar days from the grant of separate and distinct from the main action. ▪ (a) the third (fourth, etc.)- party defendant cannot be
such leave; (b) matters extraneous to the located within thirty (30) calendar days from the grant of
issue in the principal case are raised; or (c) However, the admission of the third party such leave;
the effect would be to introduce a new and
separate controversy into the action. complaint is subject to the discretion by the ▪ (b) matters extraneous to the issue in the principal case are
Court. It has to be filed with prior leave of court. raised; or
▪ (c) the effect would be to introduce a new and separate
controversy into the action.
 20 Feb 2023

RULE 6
Section 11; Third, (fourth, etc.)-party complaint
Problem Answer
⚫B and C borrowed P400,000 from A. B, who ⚫No. Because the third-party claim
⚫ Itcan be gleaned from the amendment that somehow, the received the money from A, gave C
third (fourth, etc.,) party complaint must at least be
P200,000. C in turn, gave P100,000, by way of of C against D is totally unrelated to
related to the main action because the new Section 11
provides that when the matters are extraneous to loan, to D. the main action. The matters raised
the issued in the principal case or the effect of the
third (fourth, etc.,) party complaint would be to
in the third party complaint is
⚫Ifa complaint is filed by A against C,
introduce a new and separate controversy into the
should the third party complaint filed extraneous to the issue in the
action, then the third (fourth, etc.,) party complaint must
be denied admission. by C against D be allowed? principal case.

Problem Answer Please take NOTE:

⚫A, passenger of a bus owned by B, got in ⚫No. B cannot anymore file a third-party ⚫Trial courts are not especially enjoined by
injured because the bus he was riding was complaint against C. law to admit a third party complaint. They
bumped by a dump truck owned by C. A filed
are vested with discretion to allow or
an action for damages against B and C. ⚫Reason:
disallow a party to an action to implead
⚫B, with leave of Court filed a third-party
⚫C is already a party to the case. What he additional party. Thus, a defendant has no
complaint against C. The Court admitted the
should have filed is a cross-claim. vested right to file a third- party complaint
third-party complaint.
(China Banking Corp. vs. Padilla, 514
⚫Is the Court correct?
SCRA 35, 42).
 20 Feb 2023

RULE 19
Intervention Section 1; Who may intervene Who may intervene?
1997 Rules of Civil Procedure 2019 Amendments

⚫It is a proceeding in a suit or action by which a Section 1. Who may intervene. — A person who
has a legal interest in the matter in litigation, or in
Section 1. Who may intervene. — A person who
has a legal interest in the matter in litigation, or in
⚫A person who has a legal interest in the matter
third person is permitted by the court to make the success of either of the parties, or an interest
against both, or is so situated as to be adversely
the success of either of the parties, or an interest
against both, or is so situated as to be adversely
in litigation;
himself a party, either by joining the plaintiff in affected by a distribution or other disposition of
property in the custody of the court or of an officer
affected by a distribution or other disposition of
property in the custody of the court or of an officer
⚫or in the success of either of the parties,;
claiming what is sought by the complaint or thereof may, with leave of court, be allowed to
intervene in the action. The court shall consider
thereof may, with leave of court, be allowed to
intervene in the action. The court shall consider
⚫or an interest against both, or is so situated as to
uniting with the defendant in resisting the claims whether or not the intervention will unduly delay or whether or not the intervention will unduly delay or
be adversely affected by a distribution or other
prejudice the adjudication of the rights of the prejudice the adjudication of the rights of the
of the plaintiff (Mactan-Cebu International original parties, and whether or not the intervenor's original parties, and whether or not the intervenor’s disposition of property in the custody of the
rights may be fully protected in a separate rights may be fully protected in a separate
Airport Authority vs. Heirs of Minoza, proceeding. (2[a], [b]a, R12) proceeding. (1) court
641 SCRA 520). ⚫(Section 1, Rule 19)

What is the meaning of “legal interest”? Requisites for intervention

⚫ The legal interest must be actual, material, direct and of ⚫ There must be a motion for leave filed before rendition
an immediate character, not merely contingent or of judgment
expectant, so that the intervenor will either gain or lose ⚫ Movant must show in his motion:
by the direct legal operation of judgment. ◦ That he has legal interest in matter of litigation or the PARTS OF PLEADINGS
⚫ Example – a corporate stock holder, cannot merely on success of the parties in the litigation
the basis of being a stock holder has legal interest to ◦ Legal interest against both parties
intervene in cases involving corporate properties
◦ The movant is to be adversely affected by a distribution
(Magsaysay-Labrador vs. CA, GR No. 58168,
or other disposition of the property in the custody of
December 19, 1989).
the court.
 20 Feb 2023

What is the significance of the What is the significance of the

Parts of a Pleading
signature of counsel? signature of counsel?
Verification and
Signature and
Caption Body
address
Certification against
Forum shopping ⚫Under Section 3, Rule 7, “the signature of ⚫1. It is not being presented for any improper
counsel constitutes a certificate by him or her purpose, such as to harass, cause unnecessary
Name of Claims and
that he or she has read the pleading and delay, or needlessly increase the cost of
court defenses
litigation;
document; that to the best of his or her
⚫2. The claims, defenses, and other legal
Title of
action
Relief
prayed for
knowledge, information, and belief,
contentions are warranted by existing law or
formed after an inquiry reasonable under the
jurisprudence, or by a non-frivolous argument
Docket Date circumstances: for extending, modifying, or reversing existing
jurisprudence;

What is the significance of the What is the consequence if the lawyer RULE 7
Section 3; Signature and address
signature of counsel? violates what he certifies? 1997 Rules of Civil Procedure 2019 Amendments
(c) If the court determines, on motion or motu
⚫3. The factual contentions have evidentiary proprio and after notice and hearing, that this
⚫The lawyer may receive sanctions from the rule has been violated, it may impose an
support or, if specifically so identified, will appropriate sanction or refer such violation to the

likely have evidentiary support after Court if he or she violates the rule or reneges proper office for disciplinary action, on any
attorney, law firm, or party that violated the rule,

availment of the modes of discovery under on his or her certification. The sanction may be or is responsible for the violation. Absent
exceptional circumstances, a law firm shall be
held jointly and severally liable for a violation
these rules; extended to the law firm which jointly and committed by its partner, associate, or employee.
The sanction may include, but shall not be limited
⚫4. The denials of factual contentions are severally liable for a violation committed by its to, non-monetary directive or sanction; an order
to pay a penalty in court; or, if imposed on
warranted on the evidence or, if specifically so partner, associate, or employee. (Section 3, motion and warranted for effective deterrence,
an order directing payment to the movant of part
identified, are reasonably based on belief or a Rule 7). or all of the reasonable attorney’s fees and other
expenses directly resulting from the violation,
lack of information. including attorney’s fees for the filing of the
motion for sanction. The lawyer or law firm
cannot pass on the monetary penalty to the
client.
 20 Feb 2023

Rule 7 RULE 7
Verification Section 4 Section 4
⚫ Except when otherwise specifically required by law or ⚫ Under 2019 Amendments, a pleading is verified by
rule, pleadings need not be under oath, verified or an affidavit of an affiant duly authorized to sign ⚫The requirement that proof of authority of the
accompanied by affidavit. said verification. The authorization of the affiant affiant who verified for and in behalf of the party
⚫ A pleading is verified by an affidavit of an affiant to act on behalf of a party, whether in the form must be attached to the pleading was introduced
duly authorized to sign said verification. The of a secretary’s certificate or a special power of to address, once and for all, the persistent issue
authorization of the affiant to act on behalf of a attorney, should be attached to the pleading. on whether the affiant has the authority to verify
party, whether in the form of a secretary’s ⚫ This requirement is applicable when the one who the pleading for and in behalf of the party.
certificate or a special power of attorney, should would verify the pleading is not the party but the one
be attached to the pleading. (Section 4, Rule 7). who was authorized by the party.

Rule 7 What should be attested in the Rule 7

Section 4 verification? Section 4

⚫The amendment must have been inspired by the ⚫ 1. The allegations in the pleading are true and correct based on ⚫This is an improvement of the old Rule.
his or her personal knowledge, or based on authentic
ruling of the Supreme Court in the case of Cosco
Philippines Shipping, Inc., vs. Kemper
documents. ⚫Under the old Rule what the verification
Insurance Co, 670 SCRA 343. The SC ruled: ⚫ 2. The pleading is not filed to harass, cause unnecessary attest is only is that affiant has read the
delay, or needlessly increase the cost of litigation; and
⚫“We have consistently held that the certification pleading and that the allegations therein are
against forum shopping must be signed by the ⚫ 3. The factual allegations therein have evidentiary support after true and correct of his knowledge and
principal parties. If, for any reason, the principal reasonable opportunity for discovery.
party cannot sign the petition, the one signing on belief. Now, the affiant attests that the
his behalf must have been duly authorized.” (Section 4, Rule 7). pleading is not frivolous.
 20 Feb 2023

Please take NOTE: HOWEVER: Certification against forum shopping

⚫ (a) that he has not theretofore commenced any action or
⚫Defect in verification does not necessarily render
⚫A pleading required to be verified that contains filed any claim involving the same issues in any court, tribunal
the pleading defective. It is only a formal defect or quasi-judicial agency and, to the best of his knowledge, no
a verification based on “information and belief,” and not a jurisdictional requirement. The such other action or claim is pending therein;
or upon “knowledge, information and belief,” or requirement is a condition affecting only the form ⚫ (b) if there is such other pending action or claim, a
lacks a proper verification, shall be treated as an of the pleading (Benedicto-Munoz vs. Cacho- complete statement of the present status thereof; and
unsigned pleading. ⚫ (c) if he should thereafter learn that the same or similar
Olivares, GR No. 179121, November 9, action or claim has been filed or is pending, he shall report
2015; Waterfront Cebu Casino Hotel vs. that fact within five (5) days therefrom to the court wherein
(Section 4, Rule 7). Ledesma, GR No. 197556, march 25, 2015). his aforesaid complaint or initiatory pleading has been filed
(Section 5, Rule 7).

Who executes the certification against Who signs the certification if the plaintiff
Under the new RULES:
forum shopping? is a juridical entity?

⚫It is the plaintiff or principal party who executes the ⚫Certification must be executed by properly
certification under oath (Agustin vs. Cruz- authorized persons (National Steel Corporation ⚫The authorization of the affiant to
Herrera, GR No. 174564, February 2, 3014). vs. CA, 388 SCRA 85, 91-92).
⚫Hence, with respect to a corporation, the board of
act on behalf of a party, whether in
It must be executed by the party pleader, not his
counsel. If, however, for justifiable reason. If the directors or by one who is duly authorized by the form of a secretary’s certificate
resolution of the board of directors; otherwise, the
party-pleader is unable to sign, he must execute a
special power of attorney designating his counsel of
complaint will have to be dismissed (Cosco or a special power of attorney,
Philippines Shipping, Inc., vs. Kemper
record to sign in his behalf (Uy vs. CA, GR No. Insurance Co., 670 SCRA 343, 351-352). should be attached to the pleading.
173186, September 16, 2019).
(Section 5, Rule 7).
 20 Feb 2023

What is the rule if there are several Effects of non-compliance with the rule on
Is there an exception?
plaintiffs or petitioners? certification against forum shopping
⚫ It is a ground for dismissal.
⚫YES.
⚫The certification against forum ⚫ The dismissal on this ground is without prejudice, unless
⚫When plaintiffs share a common interest and otherwise provided.
shopping must be signed by all the invoke a common cause of action or defense, ⚫ Not curable by amendment.
plaintiffs or petitioners in a case; the signature of only one of them substantially ⚫ False certification and non-compliance with undertaking
comply with the rules (Basan vs. Coca-Cola constitute direct contempt.
otherwise, those who did not sign Bottlers Philippines, GR No. 174365-66, ⚫ If forum shopping is wilful or deliberate – ground for
will be dropped as parties to the Febraury 4, 2015; Prince Transport, Inc., summary dismissal with prejudice and would constitute
vs. Garcia, 639 SCRA 312). direct contempt (Section 5, Rule 7).
case.

How should the court treat non-compliance with RULE 7 RULE 7

requirements of defective verification and certification PARTS AND CONTENTS OF PLEADING PARTS AND CONTENTS OF PLEADING
against forum shopping. 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
(b) Summary of the witnesses’ intended
testimonies, provided that the judicial affidavits of
⚫ Non-compliance with or defect in verification will not render the Section 6 Contents. — Every pleading stating a said witnesses shall be attached to the pleading and
pleading fatally defective. The defect may be dispensed with. It is party’s claims or defenses shall, in addition to form an integral part thereof. Only witnesses
those mandated by Section 2, Rule 7, state the whose judicial affidavits are attached to the
deemed complied with when one who signed it has ample following: pleading shall be presented by the parties during
knowledge and can swear to the truth of the allegation. trial. Except if a party presents meritorious
NONE
(a) Names of witnesses who will be presented NONE reasons as basis for the admission of additional
to prove a party’s claim or defense; witnesses, no other witness or affidavit shall be
⚫ As to certification against forum shopping, non-compliance heard or admitted by the court; and
therewith or defect therein, is generally not curable by amendment (c) Documentary and object evidence in support
or subsequent submission of the correct one. It can only be relaxed of the allegations contained in the pleading.

under special and compelling reason. It must be signed by all

parties; those who did not sign shall be considered dropped as
parties. (Vda. de Formoso vs. PNB, 650 SCRA 35, 44-45).
 20 Feb 2023

Rule 7 Rule 7 Rule 7

Section 6 Section 6 Section 6
⚫ This is a new provision which revolutionizes the format of the complaint ⚫ What is the effect if a party fails to attach to his or her ⚫ Some observations on Section 6, Rule 7.
or answer. It is required under Section 6, Rule 7 of the 2019 complaint or answer the affidavit or his or her
Amendments to state the following: ⚫ Section 6 does not provide for the consequence if the
witnesses?
▪ (a) Names of witnesses who will be presented to prove a party’s claim documentary or object evidence in support of the allegations
⚫ A party may not be able to present as witnesses those whose were not stated in the pleading. Can a party still present them as
or defense;
judicial affidavits were not attached to complaint or answer. evidence?
▪ (b) Summary of the witnesses’ intended testimonies, provided that the
Section 6, Rule 7 provides: “Only witnesses whose judicial ⚫ What if the pleading failed to state the name of the witnesses and
judicial affidavits of said witnesses shall be attached to the pleading and
form an integral part thereof. affidavits are attached to the pleading shall be presented by the the nature of their testimony or failed to attached their judicial
▪ (c) Documentary and object evidence in support of the allegations
parties during trial.” affidavit or failed to state the documentary or object evidence in
contained in the pleading. ⚫ Can a party present other witnesses in addition to those support of the allegation in the pleading? What should the court
whose judicial affidavits are attached to the pleading? do?
⚫ Yes, but only for meritorious reasons. ⚫ The 2019 Amendments did address this situation.

RULE 8
Manner of Making Allegations in Pleadings Section 1; In general
1997 Rules of Civil Procedure 2019 Amendments
General Every pleading shall contain in a methodical and
Section 1 In general. — Every pleading shall Section 1 In general. — Every pleading shall
Rule: logical form, a plain, concise and direct contain in a methodical and logical form, a contain in a methodical and logical form, a
statement of the ultimate facts, including the plain, concise and direct statement of the plain, concise and direct statement of the
Manner of Making Allegations in evidence on which the party pleading relies for
ultimate facts on which the party pleading
relies for his claim or defense, as the case may
ultimate facts, including the evidence on which
the party pleading relies for his or her claim
Pleadings his or her claim or defense, as the case may be. be, omitting the statement of mere
evidentiary facts.
or defense, as the case may be.

If a cause of action or defense relied on is If a cause of action or defense relied on is

based on law, the pertinent provisions thereof
based on law, the pertinent provisions thereof If a defense relied on is based on law, the
pertinent provisions thereof and their and their applicability to him or her shall be
and their applicability to him or her shall be applicability to him shall be clearly and clearly and concisely stated.
clearly and concisely stated. (Section 1, Rule concisely stated.
8).
 20 Feb 2023

RULE 8
Section 1
Matters which can be averred generally: Please take NOTE:
⚫ Section 1, Rule 8 of the 2019 Amendments mandates that the pleading
not only contain concise and direct statement of the ultimate facts
Condition precedent (Sec. 3, Rule 8) ⚫If one contest the party’s capacity to
constituting party’s claim or defense. It also requires to state the
Capacity to sue or be sued (Sec. 4, Rule 8)
sue, it must be denied specifically with
evidence needed in order to prove said ultimate facts.
⚫ This is to be consistent with Section 6, Rule 7.
supporting particulars (Sec. 4, Rule 8).
⚫ This rule can be likened to the Section 3, Rule 3 of the Rules of Judgment (Sec. 6, Rule 8)
Procedure for Environmental Cases which provides that: “The plaintiff
shall attach to the verified complaint all evidence proving or supporting Malice, intent, knowledge or other condition of the mind (Sec. 5, ⚫In pleading judgment, certified true copy
the cause of action consisting of the affidavits of witnesses,
documentary evidence and if possible, object evidence. The affidavits
Rule 8) thereof must be attached (Sec. 6,
shall be in question and answer form and shall comply with the rules of Official document or act (Sec. 9, Rule 8) Rule).
admissibility of evidence.”

Matters which must be specifically Is pleading different causes of action or How to allege action or defense based on
averred defense permissible? actionable document
⚫In all averments of fraud or mistake, the ⚫YES.
circumstances constituting fraud or mistake ⚫Under Section 2, Rule 8, it is provided that ⚫ SECTION 7. Action or Defense Based on Document.
must be stated with particularity (Section — Whenever an action or defense is based upon a
5, Rule 8). “a party may set forth two or more written instrument or document, the substance of such
⚫It is not enough for the complaint to allege statements of a claim or defense alternatively instrument or document shall be set forth in the
that he was defrauded by the defendant. or hypothetically, either in one cause of pleading, and the original or a copy thereof shall be
Under the provision, the complaint must action or defense or in separate causes of attached to the pleading as an exhibit, which shall be
state with particularity the fraudulent acts deemed to be a part of the pleading, or said copy may
action or defenses.” with like effect be set forth in the pleading (Rule 8).
of the adverse party.
 20 Feb 2023

Effect of failure to deny under oath the What defenses are cut off by the implied
How to contest such document
due execution and genuineness admission?
⚫ When an action or defense is founded upon a written ⚫ Forgery of document
instrument, copied in or attached to the corresponding ⚫ Lack of authority to execute the document
pleading as provided in the preceding section, the ⚫“instrument shall be deemed ⚫ The party charged signed the document in some other
genuineness and due execution of the instrument shall be capacity than that alleged in the pleading
deemed admitted unless the adverse party, under admitted unless the adverse party,
oath, specifically denies them, and sets forth what he ⚫ The document was never delivered
claims to be the facts; but the requirement of an oath
under oath, specifically denies them, and ⚫ Document was not in the words and figures as set out in
does not apply when the adverse party does not appear to sets forth what he claims to be the the pleading
be a party to the instrument or when compliance with an ⚫ (See: Hibberd vs. Rohde and Mcmillian, 32 Phil.
order for an inspection of the original instrument is refused facts” (Section 8, Rule 8) 476; Imperial Textile Mills vs. CA, 183 SCRA 584)
(Section 8, Rule 8) .

How to deny the allegation in the complaint Manner of denying an allegation Effect of failure to deny specifically
⚫A defendant must specify each material allegation of fact the ⚫Material averment in the complaint, other
truth of which he does not admit and, whenever practicable, By specifically denying the allegation and setting forth the
shall set forth the substance of the matters upon which he substance upon which one relies his denial. than those as to the amount of unliquidated
relies to support his denial. Where a defendant desires to damages, shall be deemed admitted when
deny only a part of an averment, he shall specify so much of
By specifically denying some part of the allegation and not specifically denied. Allegations of usury in
it as is true and material and shall deny only the remainder.
Where a defendant is without knowledge or information
admitting the rest. a complaint to recover usurious interest are
sufficient to form a belief as to the truth of a material deemed admitted if not denied under oath
By specifically denying the allegation for lack of knowledge
averment made in the complaint, he shall so state, and this
sufficient to form a belief as to the truth or falsity of the (Section 11, Rule 8).
shall have the effect of a denial (Section 10, Rule 8). allegation.
 20 Feb 2023

RULE 8
Please take NOTE: What is a negative pregnant? Section 12; Affirmative defenses
1997 Rules of Civil Procedure 2019 Amendments
⚫When the defendant alleges having no ⚫ It is a negative implying also an affirmative and which, Section 12 Striking out of pleading or matter Section 12 Affirmative defenses- (a) A defendant shall
knowledge or information sufficient to form a although stated in a negative form, really admits the contained therein. — Upon motion made by a party raise his or her affirmative defenses in his or her
allegations to which it relates (Black’s Law Dictionary). before responding to a pleading or, if no responsive answer, which shall be limited to the reasons set
belief as to the truth of the allegations of the pleading is permitted by these Rules, upon motion forth under Section 5 (b), Rule 6, and the following
⚫ It is a form of negative expression which carries with it an
other party but such matters are plainly and
made by a party within twenty (20) days after the grounds:
affirmation or at least an implication of some kind service of the pleading upon him, or upon the court's

necessarily within defendant’s knowledge, a claim favorable to the adverse party (Valdez vs. Dabon, Jr.,
own initiative at any time, the court may order any
pleading to be stricken out or that any sham or false,
(1) That the court has no jurisdiction over the
person of the defending party;
of “ignorance or lack of information” will not be A.C. No. 7353, November 16, 2015). redundant, immaterial, impertinent, or scandalous
matter be stricken out therefrom.
(2) That the venue is improperly laid;
(3) That the plaintiff has no legal capacity to sue;
considered a specific denial, hence, implied ⚫ Negative pregnant is not a specific denial. It is an *now section 13 with minor amendments
(4) That the pleading asserting the claim states no

admission (Acquintey vs. Tibong, 515 SCRA

cause of action; and
admission. (5) That the condition precedent for filing the claim
414, 433; Camitan vs. CA, 511 SCRA 364, has not been coplied with.

373).

RULE 8 RULE 8 RULE 8

Section 12; Affirmative defenses Section 12; Affirmative defenses
Section 12
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
(b) Failure to raise the affirmative defenses at the (d) As to the other affirmative defenses under the
first paragraph of Section 5(b), Rule 6, the court may
⚫ Section 12, Rule 8 of the 2019 Amendments
earliest opportunity shall constitute a waiver
thereof. conduct a summary hearing within fifteen (15)
calendar days from the filing of the answer. Such
substantially changed the concept of affirmative
(c) The court shall motu proprio resolve the above affirmative defenses shall be resolved by the court defense. Under the new rule, affirmative defenses are
affirmative defenses within thirty (30) calendar days within thirty (30) calendar days from the termination
from the filing of the answer. of the summary hearing. not limited to those matters stated in Section 5 (b),
(e) Affirmative defenses, if denied, shall not be the Rule 6. Affirmative defenses must now include the
subject of a motion for reconsideration or petition
for certiorari, prohibition or mandamus , but may be different grounds for a motion to dismiss under Section
among the matters to be raised in appeal after a
judgement on the merits. 1, Rule 16 of the old Rules.
⚫ This should be read in conjunction with Section
5, Rule 6.
 20 Feb 2023

RULE 8 RULE 8 RULE 8

Section 12 Section 12 Section 12
⚫ What are the other grounds which must be alleged ⚫What is the effect of failure to plead those
as affirmative defenses? ⚫ What should be the action of the court on the
grounds as affirmative defenses? affirmative defenses?
⚫ 1) That the court has no jurisdiction over the person of
the defending party; ⚫The court shall motu proprio resolve the
⚫ 2) That the venue is improperly laid; ⚫Failure to raise the affirmative defenses at
affirmative defenses under Section 12 within thirty
⚫ 3) That the plaintiff has no legal capacity to sue; the earliest opportunity shall constitute a (30) calendar days from the filing of the answer.
⚫ 4) That the pleasing asserting the claim states no cause of
action; and waiver thereof (Section 12, Rule 8). (Section 12, Rule 8). It is not necessary for the
⚫ 5) That the condition precedent for filing the claim Court to conduct a hearing before it can resolve
has not been copied with.
these grounds.

RULE 8 RULE 8
Section 12 Section 12
⚫ PLEASE TAKE NOTE: ⚫PLEASE TAKE NOTE ALSO:
⚫With respect to affirmative defenses Section 5 Amended and Supplemental
⚫Affirmative defenses, if denied, shall not be
(b), Rule 6, the Court shall resolve the same
within thirty (30) calendar days from the
the subject of a motion for reconsideration Pleadings
termination of the summary hearing. or petition for certiorari, prohibition or
⚫Hearing, therefore, may be required by the court
mandamus , but may be among the matters
which must be summary. to be raised in appeal after a judgement on
the merits.
 20 Feb 2023

May the complaint be amended as a matter of If the motion to dismiss is granted, may a
When is amendment a matter of right?
right after a Motion to Dismiss is served? compliant be amended as a matter of right?
⚫A party may amend his pleading once as ⚫YES.
⚫YES.
a matter of right at any time before a ⚫Because a Motion to dismiss is not a responsive
pleading and its filing does not preclude the ⚫Provided the Order of dismissal is not
responsive pleading is served or, in the
exercise of the plaintiff’s right to amend his yet final and executory (Bautista vs.
case of a reply, at any time within ten complaint (Alpine Lending Investor vs. Maya-Maya Cottages, 476 SCRA
(10) calendar days after it is served Corpuz, 508 SCRA 45, 48-49; Republic vs. 416, 419).
(Section 2, Rule 10). Ilao, 4 SCRA 106; Remington Industrial
Sales vs. CA, 382 SCRA 499, 506)

May amendment be made to correct the RULE 10

jurisdictional defect before responsive pleading Amendment with leave of court Section 3; Amendments by leave of court.
is filed? ⚫ Except as provided in the next preceding Section,
1997 Rules of Civil Procedure 2019 Amendments
Section 3. Amendments by leave of court. — Section 3. Amendments by leave of court. —
substantial amendments may be made only upon leave of Except as provided in the next preceding section, Except as provided in the next preceding Section,
⚫ YES. court. But such leave shall be refused if it appears to the
substantial amendments may be made only upon substantial amendments may be made only upon
leave of court. But such leave may be refused if it leave of court. But such leave shall be refused if
⚫ Because amendment is a matter of right. court that the motion was made with intent to delay or appears to the court that the motion was made it appears to the court that the motion was made
with intent to delay. Orders of the court upon with intent to delay or confer jurisdiction on
⚫ Please read: Gumabay vs. Baralin, 77 SCRA 258. confer jurisdiction on the court, or the pleading the matters provided in this section shall be made the court, or the pleading stated no cause
⚫ A complaint was filed for forcible entry before the RTC. stated no cause of action from the beginning which upon motion filed in court, and after notice to the of action from the beginning which could
adverse party, and an opportunity to be heard. be amended. Orders of the court upon the
Defendant filed a motion to dismiss for lack of could be amended. Orders of the court upon the matters (3a) matters provided in this Section shall be made
jurisdiction. Plaintiff amended his compliant and provided in this Section shall be made upon motion filed in upon motion filed in court, and after notice to the
adverse party, and an opportunity to be heard.
transformed it into quieting of title. The SC ruled that court, and after notice to the adverse party, and an (3a)
it may be allowed because amendment is a matter of right. opportunity to be heard (Section 3, Rule 10).
 20 Feb 2023

RULE 10 RULE 10 May amendment be made to correct the

Section 3 Section 3 jurisdictional defect after responsive
pleading is filed?
⚫ Section 3 of the 2019 Amendments emphasizes that ⚫ Leave of court shall be denied if the purpose of amendment
is to confer jurisdiction after the responsive pleading is filed. ⚫ NO.
if respondent pleading has already been filed,
⚫ Complaint cannot be amended to confer jurisdiction on the ⚫ Complaint cannot be amended to confer jurisdiction on the
substantial amendment may be made only by leave of court in which it was filed, if the cause of action originally set
court. court in which it was filed, if the cause of action originally set
forth was not within the court’s jurisdiction (Campos forth was not within the court’s jurisdiction (Campos
⚫ However, leave of court shall be denied if the motion Rueda Corp. vs. Baustista, 6 SCRA 240, 244).
Rueda Corp. vs. Baustista, 6 SCRA 240, 244).
was made 1) with the intent to delay; 2) confer ⚫ This is because the court must first acquire jurisdiction over
⚫ This is because the court must first acquire jurisdiction over
jurisdiction on the court; 3) or the pleading stated the subject matter in order to act validly on the same
the subject matter in order to act validly on the same including its amendment (Gaspar vs. Dorado, 15 SCRA
no cause of action from the beginning which could be including its amendment (Gaspar vs. Dorado, 15 SCRA 331, 334)
amended. 331, 334).

No need to filed motion to amend to

Problem Answer
conform to evidence
⚫ Debtor executed 3 PN’s in favour of the Creditor. One ⚫ NO.
of the PN’s became due and demandable. Thus, debtor ⚫ Section 5 thereof applies to situations wherein evidence ⚫When issues not raised by the pleadings are
not paying the PN, creditor filed a collection suit against not within the issues raised in the pleadings is presented tried with the express or implied consent of the
by the parties during the trial, and to conform to such
the debtor. While the case is pending, the other PNs evidence the pleadings are subsequently amended on parties, they shall be treated in all respects as if
became due and demandable also. The Creditor included motion of a party. Thus, a complaint which fails to state a they had been raised in the pleadings. No
the last two PN as evidences in the case pending. It was cause of action may be cured by evidence presented
during the trial. However, the curing effect under amendment of such pleadings deemed
introduced without the objection of the Debtor? Section 5 is applicable only if a cause of action in fact amended is necessary to cause them to
⚫ Can the Court render judgment on the last two exists at the time the complaint is filed, but the
PNs? complaint is defective for failure to allege the essential facts conform to the evidence (Section 5, Rule
(Swagman Hotels and Travel vs. CA, 455 SCRA 175). 10).
 20 Feb 2023

RULE 10 Is summons required to be issued after a

Section 5; No amendment necessary to conform to or authorize What is the effect amendment?
presentation of evidence complaint is amended?
1997 Rules of Civil Procedure 2019 Amendments ⚫It supersedes the pleading that it amends ⚫Ifthe summons have already been served, there is
Section 5. Amendment to conform to or Section 5. No amendment necessary to conform (Section 8, Rule 10). NO need for the issuance of another summons
authorize presentation of evidence. — When to or authorize presentation of evidence. — because the Court has already acquired jurisdiction
issues not raised by the pleadings are tried with
the express or implied consent of the parties they
When issues not raised by the pleadings are tried
with the express or implied consent of the
⚫The admission made in the superseded over the person of the defendant.
shall be treated in all respects as if they had been
raised in the pleadings. Such amendment of the
parties, they shall be treated in all respects as if
they had been raised in the pleadings. No pleading may be received in evidence against ⚫However, if the complaint was amended prior to
pleadings as may be necessary to cause them to
conform to the evidence and to raise these issues
amendment of such pleadings deemed
amended is necessary to cause them to the pleader (Section 8, Rule 10). It is the service of summons, new summons is needed
may be made upon motion of any party at any
time, even after judgment; but failure to amend
conform to the evidence. (5a)
treated as extra-judicial admission (Torres for the amended complaint (Vlason vs.
does not effect the result of the trial of these Enterprise Corp. vs. CA, 310 SCRA 26, 57-
issues. If evidence vs. CA, 131 SCRA 24, 35). 58).

Supplemental Pleading Please take NOTE:

⚫When the cause of action in the supplemental
⚫Supplemental pleading is one which complaint is different from the cause of action
forth transactions, occurrences or mentioned in the original complaint, the court
should not admit the supplemental complaint Effect of Failure to Plead
events which have happened since the (APT vs. CA, 324 SCRA 533). Its usual
date of the pleading sought to be office is to set up new facts which justify,
enlarge or change the kind of relief with respect
supplemented (Sec. 6, Rule 10). to the same subject matter as the controversy
referred to in the original complaint (Chan vs.
Cahn, 569 SCRA 106).
 20 Feb 2023

What is the effect if defenses and What is the effect if compulsory and
cross-claim are not set-up?
DEFAULT
objections are not pleaded in the answer
or motion to dismiss?
Section 2, Rule 9 ⚫ Ifthe defending party fails to answer within the time
allowed therefor, the court shall, upon motion of the
claiming party with notice to the defending party, and
They are Sec. 1, proof of such failure, declare the defending party in
deemed Exceptions:
WAIVED:
Rule 9
default. Thereupon, the court shall proceed to render
judgment granting the claimant such relief as his pleading
Lack jurisdiction
over the subject Litis pendencia Res judicata precription BARRED may warrant, unless the court in its discretion requires
the claimant to submit evidence. Such reception of
matter, evidence may be delegated to the clerk of court
(Section 3, Rule 9).

Requisites before a defending party may What is the effect of declaration of

Period to file Answer to Complaint
be declared in default? default?
⚫A party in default shall be entitled to notice of subsequent
⚫ Jurisdictionover the person
⚫Section 1. Answer to the complaint. ⚫ Filing of motion
proceedings, but not to take part in the trial (Sec. 3(a),
Rule 9).
— The defendant shall file his or her ⚫ Proof that defending party failed to answer within the
⚫ Allow the plaintiff to present evidence ex-parte.
⚫ Court shall render judgment granting the claimant such
answer to the complaint within period relief as his pleading may warrant, unless the court in its
thirty (30) calendar days after ⚫ Must be notified of the motion discretion requires the claimant to submit evidence. Such
reception of evidence may be delegated to the clerk of
service of summons, unless a different ⚫ There must be hearing, optional on the part the court court. (Sec. 3, Rule 9).
⚫ A judgment rendered against a party in default shall not
⚫ (see: Spouses de los Santos vs. Carpio, 501 SCRA
period is fixed by the court (Rule 11). 390, 399-400)
exceed the amount or be different in kind from that prayed
for nor award unliquidated damages (Sec. 3(d), Rule 9).
 20 Feb 2023

What should the court do if some of the Answer was filed beyond the reglamentary
Remedies of defending party declared in default
defendant files answer and others do not period but before declaration of default
and the complaint asserts common cause ⚫ Where the answer is filed beyond the reglementary period Remedy after
notice of order
File a motion under oath to set aside the order of default upon
but before the defendant is declared in default and there is proper showing that his failure to answer was due to fraud,
of action against all the defendants? no showing that defendant intends to delay the case, the
of default but
before judgment accident, mistake or excusable negligence and that he has a
meritorious defense.
answer should be admitted (San Pedro Cineflex
⚫ When a pleading asserting a claim states a common Properties, Inc. vs. Heirs of Manuel Humada Erano, Remedy after
File a motion for new trial under Rule 37 or appeal the
judgment and
cause of action against several defending parties, some of 635 SCRA 421, 424-425). before judgment judgment if contrary to evidence or law
becomes final
whom answer and the others fail to do so, the court ⚫ The Court can still admit the answer even if it was filed out and executory

shall try the case against all upon the answers thus filed of time because, at the time of filing, defendant were not yet Remedy after
declared in default nor was a motion to declare them in File petition for Relief under Rule 38
and render judgment upon the evidence presented (Sec. judgment
becomes final
3(c), Rule 9). default ever filed (Sablas vs. Sablas, 526 SCRA 292, and executory
297).

May a party be declared in default for

When to responsive pleading?
other reason?
⚫YES.
⚫ Answer to complaint – 30 days after service of Summons
⚫If a disobedient party refuses to obey an order (Section 1, Rule 11).
⚫ Answer of a defendant foreign private juridical entity when
requiring him to comply with various modes of
discovery (Sec. 3 (c), Rule 29). When to file Responsive Pleading summons is made on government official designated by law to
receive the same – 60 days from receipt of summons
(Section 2, Rule 11).
⚫If a party or officer or managing agent of party fails
⚫ Answer to amended complaint – 30 days if amendment is a
to appear before the officer who is to take his matter or right or 15 days if amendment is not a matter
deposition, or a party fails to serve answer to of right. This rule shall apply to answer to amended
counterclaim, cross-claim, third (fourth, etc.,) complaint
interrogatories (Sec. 5, Rule 29). or complaint-in-intervention (Section 2, Rule 11).
 20 Feb 2023

RULE 11
When to responsive pleading? Motion for Extension of Time Section 11
⚫ Answer to counterclaim or cross-claim – 20 days ⚫ Section 11. Extension of time to file an answer. — A
defendant may, for meritorious reasons, be granted ⚫Under the new rule, only one motion for
from service (Section 4, Rule 11).
an additional period of not more than thirty (30) extension time to file Answer may be granted by
⚫ Answer to Third party, etc., - 30 days (Section 5, calendar days to file an answer. A defendant is only
Rule 11). allowed to file one (1) motion for extension of time the court. The court can grant another 30 days to
to file an answer. file an Answer.
⚫ Reply under Section 10, Rule 6, – 15 days from
service (Section 6, Rule 11). ⚫A motion for extension to file any pleading, other
⚫A motion for extension to file any pleading, other
⚫ Answer to supplemental complaint – 20 days from than an answer, is prohibited and considered a than an answer, is prohibited and considered a
notice of the order admitting (Section 7, Rule mere scrap of paper. The court, however, may mere scrap of paper. The court, however, may
allow any other pleading to be filed after the time
11). fixed by these Rules (Section 11, Rule 11). allow any other pleading to be filed after the time
fixed by these Rules.

RULE 11 RULE 13
Section 11; Extension of time Section 1; Coverage
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments

Section 11. Extension of time to plead. — Upon Section 11. Extension of time to file an
Section 1. Coverage. — This Rule shall Section 1. Coverage. — This Rule
motion and on such terms as may be just, the answer. — A defendant may, for
court may extend the time to plead provided in
these Rules.
meritorious reasons, be granted an
additional period of not more than thirty Filing and Service of Pleadings, govern the filing of all pleadings and
other papers, as well as the service
shall govern the filing of all
pleadings, motions, and other
Judgments and Other Papers thereof, except those for which a
(30) calendar days to file an answer. A
The court may also, upon like terms, allow an defendant is only allowed to file one (1) court submissions, as well as
different mode of service is prescribed.
answer or other pleading to be filed after the motion for extension of time to file an
(n) their service, except those for
time fixed by these Rules. (7) answer.
which a different mode of service is
A motion for extension to file any pleading, prescribed. (1a)
other than an answer, is prohibited and
considered a mere scrap of paper. The
court, however, may allow any other
pleading to be filed after the time fixed by
these Rules. (11a)
 20 Feb 2023

RULE 13 RULE 13 RULE 13

Section 2; Filing and Service, defined Section 2; Filing and Service, defined
Section 1
1997 Rules of Civil Procedure 2019 Amendments
1997 Rules of Civil Procedure 2019 Amendments
⚫Rule13 governs the rule on the filing and service Section 2. Filing and service, defined. — Filing is Section 2. Filing and Service, defined. — Filing is
of pleadings, motions and other court the act of presenting the pleading or other paper the act of submitting the pleading or other Where several counsels appear
to the clerk of court. paper to the court. for one party, such party shall be
submissions. entitled to only one copy of any
Service is the act of providing a party with a copy Service is the act of providing a party with a copy
of the pleading or paper concerned. If any party of the pleading or any other court submission.
pleading or paper to be served
has appeared by counsel, service upon him shall If a party has appeared by counsel, service upon upon the lead counsel if one is
⚫There are documents filed in court which are not be made upon his counsel or one of them, unless
service upon the party himself is ordered by the
such party shall be made upon his or her
counsel, unless service upon the party and the
designated, or upon any one of
them if there is no designation of
within the category of pleadings or motions. For court. Where one counsel appears for several
parties, he shall only be entitled to one copy of
party’s counsel is ordered by the court. Where
one counsel appears for several parties, such a lead counsel. (2a)
instance, manifestations, formal offer evidence, or any paper served upon him by the opposite side.
(2a)
counsel shall only be entitled to one copy of any
paper served by the opposite side.
entry of appearance. These are court submissions.

RULE 13 RULE 13
Section 2
Please take NOTE: Section 3; Manner of filing

⚫Subject to compelling reasons involving

1997 Rules of Civil Procedure 2019 Amendments

⚫Section 2 mandates that if a party is

substantial justice, service of a petition
Section 3. Manner of filing. — The filing of Section. 3. Manner of filing . — The filing of

represented by several counsels, such party

pleadings, appearances, motions, notices, pleadings and other court submissions shall be
orders, judgments and all other papers shall made by:

is entitled only to one copy of the pleading upon a party, when the party is be made by presenting the original copies
thereof, plainly indicated as such, personally to (a) Submitting personally the original

or paper, to be served upon the lead represented by counsel of record, is a the clerk of court or by sending them by
registered mail. In the first case, the clerk of
thereof, plainly indicated as such, to the
court;

patent nullity and is not binding upon the

court shall endorse on the pleading the date

counsel. Should there be no designated lead and hour of filing. In the second case, the (b) Sending them by registered mail;

counsel, to anyone of the counsels of the party wrongfully served (Republic vs. (c) Sending them by accredited courier; or

party. Caguioa, 671 SCRA 306, 317).

 20 Feb 2023

RULE 13 RULE 13 RULE 13

Section 3; Manner of filing Section 3; Manner of filing
Section 3
1997 Rules of Civil Procedure 2019 Amendments
⚫ Section 3 of the new Rules expands the manner of
1997 Rules of Civil Procedure 2019 Amendments

date of the mailing of motions, pleadings, or any (d) Transmitting them by electronic mail or filing. Filing can be made in four ways:
other papers or payments or deposits, as shown other electronic means as may be receipt, shall be considered as the date
by the post office stamp on the envelope or the authorized by the Court in places where of their filing, payment, or deposit in ⚫ (a)Submitting personally the original thereof, plainly
registry receipt, shall be considered as the date of the court is electronically equipped. court. The envelope shall be attached indicated as such, to the court;
their filing, payment, or deposit in court. The
envelope shall be attached to the record of the In the first case, the clerk of court shall endorse
to the record of the case. In the
case. (1a) on the pleading the date and hour of filing. In the fourth case, the date of electronic ⚫ (b) Sending them by registered mail;
second and third cases, the date of the mailing transmission shall be considered
of motions, pleadings, and other court as the date of filing. (3a) ⚫ (c) Sending them by accredited courier;
submissions, and payments or deposits, as shown
by the post office stamp on the envelope or the ⚫ (d)Transmitting them by electronic mail or other
registry
electronic means as may be authorized by the Court in
places where the court is electronically equipped.

RULE 13 RULE 13
RULE 13
Section 3 Section 5; Modes of Service
Section 4; Papers required to be filed and filed
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
⚫ When is the pleading, motion or other court
submissions considered filed? Section 4. Papers required to be filed Section 4. Papers required to be filed Section 5. Modes of service. — Service of Section 5. Modes of Service. —
pleadings motions, notices, orders, judgments Pleadings, motions, notices, orders,
and served. — Every judgment, and served. – Every judgment,
⚫ (a)When filed personally, upon the receipt of the resolution, order, pleading subsequent to resolution, order, pleading subsequent to
and other papers shall be made either judgments, and other court
personally or by mail. (3a)
court; the complaint, written motion, notice, the complaint, written motion, notice, submissions shall be served
appearance, demand, offer of judgment appearance, demand, offer of judgment personally or by registered mail,
⚫ (b)When filed registered mail or accredited courier, or similar papers shall be filed with the or similar papers shall be filed with the accredited courier, electronic mail,
the date of mailing; court, and served upon the parties court, and served upon the parties facsimile transmission, other
affected. (2a) affected. (4) electronic means as may be
⚫ (c) In the fourth case, the date of electronic authorized by the Court, or as
transmission shall be considered as the date of filing. provided for in international
conventions to which the
Philippines is a party. (5a)
 20 Feb 2023

RULE 13 RULE 13 RULE 13

Section 4 Section 6; Personal Service Section 6
1997 Rules of Civil Procedure 2019 Amendments
⚫ Under the new rule, there are five methods of service: Section 6. Personal Service. — Court
⚫ 1. Personal service Section 6. Personal service. — Service of the submissions may be served by personal ⚫Under the new rule, personal service may
papers may be made by delivering delivery of a copy to the party or to the
⚫ 2. By registered mail personally a copy to the party or his counsel, or party’s counsel, or to their authorized be made not only to party or the party’s
⚫ 3. By accredited courier service by leaving it in his office with his clerk or with a representative named in the appropriate

⚫ 4. Electronic mail, facsimile transmission, other electronic

person having charge thereof. If no person is
found in his office, or his office is not known, or
pleading or motion, or by leaving it in his or
her office with his or her clerk, or with a person
counsel, but also to party’s authorized
means as may be authorized by the Court, he has no office, then by leaving the copy,
between the hours of eight in the morning and six
having charge thereof. If no person is found in his
or her office, or his or her office is not known, representatives named in the appropriate
⚫ 5. Service or as provided for in international conventions to
pleading or motion.
in the evening, at the party's or counsel's or he or she has no office, then by leaving the
which the Philippines is a party. (Convention of 15 residence, if known, with a person of sufficient age copy, between the hours of eight in the morning
and discretion then residing therein. (4a) and six in the evening, at the party's or counsel's
November 1965 on the Service Abroad of Judicial and residence, if known, with a person of sufficient age
Extrajudicial Documents in Civil or Commercial and discretion residing therein. (6a)
Matters)

RULE 13 RULE 13 RULE 13

Section 7; Service by mail Section 8; Substituted service Section 9; Service by electronic means and facsimile
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
Section 7. Service by mail. — Service by Section 7. Service by mail. — Service by Section 8. Substituted service. — If service Section 8. Substituted service. – If service Section 9. Service by electronic means and
registered mail shall be made by depositing the registered mail shall be made by depositing the of pleadings, motions, notices, resolutions, of pleadings, motions, notices, resolutions, facsimile. — Service by electronic means and
copy in the post office in a sealed envelope, copy in the post office, in a sealed envelope, facsimile shall be made if the party concerned
orders and other papers cannot be made orders and other papers cannot be made consents to such modes of service.
plainly addressed to the party or his counsel at plainly addressed to the party or to the party’s
his office, if known, otherwise at his residence, if counsel at his or her office, if known, otherwise
under the two preceding sections, the office under the two preceding sections, the office
known, with postage fully prepaid, and with at his or her residence, if known, with postage and place of residence of the party or his and place of residence of the party or his or Service by electronic means shall be made by
instructions to the postmaster to return the mail fully pre-paid, and with instructions to the counsel being unknown, service may be made her counsel being unknown, service may be sending an e-mail to the party’s or counsel’s
by delivering the copy to the clerk of court, made by delivering the copy to the clerk of electronic mail address, or through other
to the sender after ten (10) days if undelivered. If postmaster to return the mail to the sender after
NONE electronic means of transmission as the
no registry service is available in the locality of ten (10) calendar days if undelivered. If no with proof of failure of both personal service court, with proof of failure of both personal
parties may agree on, or upon direction of the
either the senders or the addressee, service may registry service is available in the locality of either and service by mail. The service is complete service and service by mail. The service is court.
be done by ordinary mail. (5a; Bar Matter No. the sender or the addressee, service may be done at the time of such delivery. (6a) complete at the time of such delivery. (8a)
803, 17 February 1998) by ordinary mail. (7a) Service by facsimile shall be made by sending a
facsimile copy to the party’s or counsel’s given
facsimile number.
 20 Feb 2023

RULE 13 RULE 13 RULE 13

Section 10; Presumption service
Section 9 Section 10
1997 Rules of Civil Procedure 2019 Amendments
⚫ Under this section, service by electronic means and Section 10. Presumptive service. — ⚫ There is now a presumptive notice of court setting.
facsimile shall be made if the party concerned There shall be presumptive notice
consents to such modes of service. to a party of a court setting if such ⚫ Notice of court setting is presumptively received if it
⚫ If a party consents, service by electronic means shall be notice appears on the records to appears from the record that the same has been mailed
have been mailed at least twenty
made by sending an e-mail to the party’s or counsel’s (20) calendar days prior to the at least 20 calendar days prior to the scheduled
electronic mail address, or through other electronic means NONE scheduled date of hearing and if the hearing if the addressee is from within the same judicial
of transmission as the parties may agree on, or upon addressee is from within the same
region of the court where the case is pending.
direction of the court. judicial region of the court where

⚫ Service by facsimile shall be made by sending a facsimile

the case is pending, or at least ⚫ If outside judicial region, it will be 30 calendar days.
thirty (30) calendar days if the
copy to the party’s or counsel’s given facsimile number. addressee is from outside the
judicial region. (n)

RULE 13 RULE 13
Section 11; Change of electronic mail address or RULE 13
Section 12; Electronic mail and facsimile subject and title
facsimile number Section 11 of pleadings and other documents
⚫A party who changes his e-mail address or facsimile
1997 Rules of Civil Procedure 2019 Amendments
1997 Rules of Civil Procedure 2019 Amendments
Section 11. Change of electronic mail
address or facsimile number. — A party number while the action is pending is bound to Section 12. Electronic mail and
who changes his or her electronic mail facsimile subject and title of pleadings
address or facsimile number while the promptly inform the court of such change within a and other documents. — The subject
action is pending must promptly file, within
five (5) calendar days from such change, a period of five (5) calendar days from such change. of the electronic mail and facsimile
must follow the prescribed format:
notice of change of e-mail address or
facsimile number with the court and serve ⚫ Please take NOTE: case number, case title and the
the notice on all other parties. NONE pleading, order or document title. The
⚫ Service through the electronic mail address or facsimile title of each electronically-filed or
served pleading or other document,
Service through the electronic mail address
or facsimile number of a party shall be number of a party shall be presumed valid unless such and each submission served by
presumed valid unless such party notifies
the court of any change, as
party notifies the court of any change, as facsimile shall contain sufficient
information to enable the court to
aforementioned. (n) aforementioned. ascertain from the title:
 20 Feb 2023

RULE 13
Section 12; Electronic mail and facsimile subject and title RULE 13 RULE 13
of pleadings and other documents Section 13; Service of judgments, Final orders or Resolutions Section 13
⚫As a rule, judgments, final orders, or
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments

(a) the party or parties filing or Section 9. Service of judgments , final orders , or Section 13. Service of Judgments, Final Orders
serving the paper, (b) nature of the
paper, (c) the party or parties
resolutions. — Judgments, final orders or
resolutions shall be served either personally or by
or Resolutions. — Judgments, final orders, or
resolutions shall be served either personally or by resolutions shall be served either personally
or by registered mail.
registered mail. When a party summoned by registered mail. Upon ex parte motion of any
against whom relief, if any, is publication has failed to appear in the action, party in the case, a copy of the judgment,
sought, and (d) the nature of the judgments, final orders or resolutions against him final order, or resolution may be delivered
relief sought. (n) shall be served upon him also by publication at the
expense of the prevailing party. (7a)
by accredited courier at the expense of
such party. When a party summoned by
⚫However, upon ex parte motion of any
NONE publication has failed to appear in the action,
judgments, final orders or resolutions against him party in the case, a copy of the
judgment, final order, or resolution
or her shall be served upon him or her also by
means of publication at the expense of the
prevailing party. (9a)
may be delivered by accredited
courier at the expense of such party.

RULE 13
RULE 13 RULE 13
Section 14; Conventional service of filing of orders, pleadings and other
document Section 14 Section 14
1997 Rules of Civil Procedure 2019 Amendments
1997 Rules of Civil Procedure 2019 Amendments ⚫ There are pleadings and other documents which must be
(a) Initiatory pleadings and initial filed or served personally or by registered mail:
Section 14. Conventional service or filing of
orders, pleadings and other documents.
responsive pleadings, such as an answer;
⚫1.Initiatory pleadings and initial responsive pleadings, such as an
answer;
⚫2. Subpoenae, protection orders, and writs;
(b) Subpoenae, protection orders, and
– Notwithstanding the foregoing, the writs;
following orders, pleadings, and other
documents must be served or filed (c) Appendices and exhibits to motions, or ⚫3.Appendices and exhibits to motions, or other
NONE personally or by registered mail when other documents that are not readily documents that are not readily amenable to electronic
allowed, and shall not be served or filed amenable to electronic scanning may, at scanning may, at the option of the party filing such, be filed
the option of the party filing such, be filed
electronically, unless express permission is
and served conventionally; and
and served conventionally; and
granted by the Court:
⚫ 4. Sealed and confidential documents or records.
(d) Sealed and confidential documents or ⚫ HOWEVER, they may be filed or served through other means,
records. (n)
upon express permission from the court.
 20 Feb 2023

RULE 13 RULE 13
RULE 13
Section 15 Section 15
Section 15; Completeness of service
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Proposed Amendments 1997 Rules of Civil Procedure 2019 Amendments
Section 10. Completeness of service. — Section 15. Completeness of service. — courier service, or upon the expiration of
Personal service is complete upon actual delivery. Personal service is complete upon actual delivery. five (5) calendar days after the first attempt Service by facsimile transmission is
Service by ordinary mail is complete upon the Service by ordinary mail is complete upon the to deliver, whichever is earlier. complete upon receipt by the other
expiration of ten (10) days after mailing, unless the expiration of ten (10) calendar days after mailing, party, as indicated in the facsimile
court otherwise provides. Service by registered unless the court otherwise provides. Service by Electronic service is complete at the time transmission printout. (10a)
mail is complete upon actual receipt by the registered mail is complete upon actual receipt by of the electronic transmission of the
addressee, or after five (5) days from the date he the addressee, or after five (5) calendar days document, or when available, at the time
received the first notice of the postmaster, from the date he or she received the first notice that the electronic notification of service of
whichever date is earlier. (8a) of the postmaster, whichever date is earlier. the document is sent. Electronic service is
Service by accredited courier is complete not effective or complete if the party
upon actual receipt by the addressee, or serving the document learns that it did not
after at least two (2) attempts to deliver by reach the addressee or person to be served.
the

RULE 13 RULE 13 RULE 13

Section 15 Section 15 Section 16; Proof of filing

⚫ When is service considered complete?

1997 Rules of Civil Procedure 2019 Amendments

⚫ When is service considered complete? Section 12. Proof of filing. — The filing of a pleading or Section 16. Proof of filing. — The filing of a
⚫ Service by ordinary mail is complete upon the expiration of
paper shall be proved by its existence in the record of
pleading or any other court submission
⚫ Service by accredited courier is complete upon actual receipt by
the case. If it is not in the record, but is claimed to have
shall be proved by its existence in the record
ten (10) calendar days after mailing. the addressee, or after at least two (2) attempts to deliver by the
been filed personally, the filing shall be proved by the
written or stamped acknowledgment of its filing by the of the case.
⚫ Service by registered mail is complete upon actual receipt by
clerk of court on a copy of the same; if filed by
courier service, or upon the expiration of five (5) calendar days registered mail, by the registry receipt and by the
(a) If the pleading or any other court
the addressee, or after five (5) calendar days from the date after the first attempt to deliver, whichever is earlier. affidavit of the person who did the mailing, containing
a full statement of the date and place of depositing the submission is not in the record, but is
claimed to have been filed personally, the
he or she received the first notice of the postmaster, ⚫ Electronic service is complete at the time of the electronic
mail in the post office in a sealed envelope addressed to
the court, with postage fully prepaid, and with filing shall be proven by the written or
whichever date is earlier. transmission of the document, or when available, at the time that instructions to the postmaster to return the mail to the
sender after ten (10) days if not delivered. (n)
stamped acknowledgment of its filing by the
the electronic notification of service of the document is sent. clerk of court on a copy of the pleading or
court submission;
 20 Feb 2023

RULE 13 RULE 13 RULE 13

Section 16 Section16 Section 16
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
(b) If the pleading or any other court (c) If the pleading or any other (d) If the pleading or any other court
submission was filed by registered mail, the court submission was filed through submission was filed by electronic mail,
filing shall be proven by the registry receipt the same shall be proven by an affidavit
an accredited courier service, the
and by the affidavit of the person who mailed of electronic filing of the filing party
it, containing a full statement of the date and
filing shall be proven by an affidavit accompanied by a paper copy of the
place of deposit of the mail in the post office of service of the person who pleading or other document transmitted
in a sealed envelope addressed to the court, brought the pleading or other or a written or stamped
with postage fully prepaid, and with instructions document to the service provider, acknowledgment of its filing by the clerk
to the postmaster to return the mail to the together with the courier’s official of court. If the paper copy sent by
sender after ten (10) calendar days if not electronic mail was filed by registered
receipt and document tracking
delivered. mail, paragraph (b) of this Section
number. applies.

RULE 13 RULE 13 RULE 13

Section 16
Section 16 Section 16
1997 Rules of Civil Procedure 2019 Amendments
(e) If the pleading or any other ⚫ When are proofs of filing? ⚫ When are proofs of filing?
court submission was filed ⚫ By the existence of the pleading or other court submission in the ⚫ If filed by electronic mail, by an affidavit of electronic filing of the
through other authorized record of the case; filing party accompanied by a paper copy of the pleading or other
electronic means, the same shall
be proven by an affidavit of ⚫ If there are not in record, the filing shall be proven by the written document transmitted or a written or stamped acknowledgment
electronic filing of the filing party or stamped acknowledgment of its filing by the clerk of court on of its filing by the clerk of court. If the paper copy sent by
accompanied by a copy of the a copy of the pleading or court submission; electronic mail was filed by registered mail, paragraph (b) of this
electronic acknowledgment of its ⚫ If by accredited courier service, by an affidavit of service of the Section applies;
filing by the court. (12a)
person who brought the pleading or other document to the ⚫ If filed through other electronic means, the same shall be proven
service provider, together with the courier’s official receipt and by an affidavit of electronic filing of the filing party accompanied
document tracking number; by a copy of the electronic acknowledgment of its filing by the
court.
 20 Feb 2023

RULE 13 RULE 13 RULE 13

Section 17; Proof of personal service Section 17 Section 17
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
Section 13. Proof of Service. — Proof of Section 17. Proof of service. –— Proof of (b) Registered mail. – Proof shall be made by the (d) Electronic mail, facsimile, or
personal service shall consist of a written personal service shall consist of a written affidavit mentioned above and the registry receipt
issued by the mailing office. The registry return card
other authorized electronic means
admission of the party served, or the official admission of the party served, or the official
shall be filed immediately upon its receipt by the of transmission. – Proof shall be
return of the server, or the affidavit of the return of the server, or the affidavit of the
party serving, containing a full statement of the party serving, containing a statement of the
sender, or in lieu thereof, the unclaimed letter made by an affidavit of service
together with the certified or sworn copy of the
date, place and manner of service. If the service date, place, and manner of service. If the executed by the person who sent
notice given by the postmaster to the addressee.
is by ordinary mail, proof thereof shall consist service is made by: the e- mail, facsimile, or other
of an affidavit of the person mailing of facts (c) Accredited courier service. – Proof shall electronic transmission, together
showing compliance with section 7 of this Rule. (a) Ordinary mail. – Proof shall consist of an be made by an affidavit of service executed by with a printed proof of transmittal.
If service is made by registered mail, proof shall affidavit of the person mailing stating the facts the person who brought the pleading or paper
to the service provider, together with the (13a)
be made by such affidavit and the registry showing compliance with Section 7 of this Rule.
receipt issued by the mailing office. courier’s official receipt or document tracking
number.

RULE 13 RULE 13 RULE 13

Section 18; Court issued orders and other documents
Section 17 Section 18
⚫ What are proofs of service? 1997 Rules of Civil Procedure 2019 Amendments
Section 18. Court -issued orders and ⚫Section is a new provision. The court may
⚫ Accredited courier service. – Proof shall be made by an other documents. — The court may
affidavit of service executed by the person who brought the electronically serve orders and other electronically serve orders and other documents
pleading or paper to the service provider, together with the documents to all the parties in the case
which shall have the same effect and
to all the parties in the case which shall have the
courier’s official receipt or document tracking number. validity as provided herein. A paper same effect.
copy of the order or other document
⚫ Electronic mail, facsimile, or other authorized NONE electronically served shall be retained
electronic means of transmission. – Proof shall be made and attached to the record of the case.
by an affidavit of service executed by the person who sent the
(n) ⚫A paper copy of the order or other document
e- mail, facsimile, or other electronic transmission, together electronically served shall, however, be retained
with a printed proof of transmittal. and attached to the record of the case.
 20 Feb 2023

RULE 13 RULE 13
Section 19; Notice of lis pendens Section 19
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
Section 14. Notice of lis pendens . — In an Section 19. Notice of lis pendens. –— In an shall a purchaser, or encumbrancer of the such notice for record shall a purchaser, or
action affecting the title or the right of possession action affecting the title or the right of possession property affected thereby, be deemed to have encumbrancer of the property affected thereby,
of real property, the plaintiff and the defendant, of real property, the plaintiff and the defendant, constructive notice of the pendency of the action, be deemed to have constructive notice of the
when affirmative relief is claimed in his answer, when affirmative relief is claimed in his or her and only of its pendency against the parties pendency of the action, and only of its pendency
may record in the office of the registry of deeds
of the province in which the property is situated
answer, may record in the office of the registry of
deeds of the province in which the property is
designated by their real names. against the parties designated by their real names.
SUMMONS
notice of the pendency of the action. Said notice situated a notice of the pendency of the action. The notice of lis pendens hereinabove mentioned The notice of lis pendens hereinabove mentioned
shall contain the names of the parties and the Said notice shall contain the names of the parties may be cancelled only upon order of the court, may be cancelled only upon order of the court,
object of the action or defense, and a description and the object of the action or defense, and a after proper showing that the notice is for the after proper showing that the notice is for the
of the property in that province affected thereby. description of the property in that province purpose of molesting the adverse party, or that it purpose of molesting the adverse party, or that it
Only from the time of filing such notice for affected thereby. Only from the time of filing is not necessary to protect the rights of the rights is not necessary to protect the rights of the party
record of the party who caused it to be recorded. (24a, who caused it to be recorded. (14a)
R-14)

Summons What is the purpose of summons in What is the purpose of summons in a

⚫Summons is a writ by which the defendant is
an action in personam? action in action in rem or quasi-in rem?
notified of the action brought against him.
⚫The purpose of summons in action in ⚫The purpose of summons in action
⚫It has two-fold purpose: 1) to acquire personam is to acquire jurisdiction over action in rem or quasi in rem is not to
jurisdiction over the person of the defendant; the person of the defendant. acquire jurisdiction over the defendant
2) to notify the defendant that an action has
been commenced against him. but to satisfy the element of due
process.
 20 Feb 2023

How is jurisdiction over the person When is a defendant deemed to have When is asking for affirmative relief not
of the defendant acquired? made a voluntary appearance? deemed to be a voluntary appearance?

⚫Jurisdiction
over the person of the defendant ⚫1. By filing an answer (Guy vs. Gacott, GR ⚫The act of making a conditional appearance
No. 206147, January 13, 2016). or special appearance in court to object to
is acquired through coercive process,
generally by 1) service of summons or the jurisdiction of the court over his person,
⚫2. By asking an affirmative relief from is not deemed a voluntary appearance or
through defendant’s 2) voluntary appearance
the Court (Reicon Realty Builders Corp vs.
or submission to the court (Republic vs. Diamond Dragon, GR No. 204796, February
voluntary submission to the jurisdiction of
Domingo, 657 SCRA 621, 632; Manotoc 4, 2015). the court.
vs. CA, 499 SCRA 21)

RULE 14 RULE 14
Who issues the summons? SUMMONS Section 1
⚫Section 1. Clerk to issue summons. — 1997 Rules of Civil Procedure 2019 Amendments
⚫ Implied from this provision that the Court can
Unless the complaint is on its face Section 1. Clerk to issue summons. — Section 1. Clerk to issue summons. — dismiss the complaint pursuant to Section 1, Rule
dismissible under Section 1, Rule 9, the Upon the filing of the complaint and the
payment of the requisite legal fees, the clerk
Unless the complaint is on its face
dismissible under Section 1, Rule 9,
9. Section 1, Rule 9 provides that the court shall
court shall, within five (5) calendar days of court shall forthwith issue the
the court shall, within five (5) dismiss the complaint “if it appears that the court has
from receipt of the initiatory pleading and
corresponding summons to the defendants.
calendar days from receipt of the
no jurisdiction over the subject matter, that there is
proof of payment of the requisite legal fees, initiatory pleading and proof of
payment of the requisite legal fees, another action pending between the same parties for
direct the clerk of court to forthwith direct the clerk of court to
the same cause, or that the action is barred by a
issue the corresponding summons to the forthwith issue the corresponding
summons to the defendants. prior judgment or by statute of limitations.”
defendants. (Sec. 1, Rule 14). ⚫ Otherwise, the court shall issue summons.
 20 Feb 2023

RULE 14
Contents of Summons Who is authorized to serve summons? Sections 2 and 3
⚫(a) The name of the court and the names of the parties to the action;
⚫ Under Section 2, the plaintiff, upon his ex-parte motion, may be
⚫(b) When authorized by the court upon ex parte motion, an The summons may be served by the sheriff, his deputy, or authorized to serve summons to defendant.
authorization for the plaintiff to serve
defendant;
summons to the other proper court officer, and in case of failure of ⚫ That the plaintiff may be authorized to serve summons is confirmed
service of summons by them, the court may by Section 3.
⚫(c) a direction that the defendant answer within the time fixed by these authorize the plaintiff – to serve the summons – ⚫ There are instances by which the plaintiff may be authorized to
Rules;
together with the sheriff. serve summons upon the defendant.
⚫(d) A notice that unless the defendant so answers plaintiff will take
judgment by default and may be granted the relief applied for. A In cases where summons is to be served outside the ⚫ First, in case there is failure to serve summons by the sheriff or
copy of the complaint and order for appointment of guardian ad litem, if other proper court officer. In which case, the plaintiff shall be
any, shall be attached to the original and each copy of the summons. judicial region of the court where the case is
pending, the plaintiff shall be authorized to cause the accompanied by the sheriff.
⚫ (Sec. 2, Rule 14). service of the summons.(Sec. 3, Rule 14). ⚫ Second, in cases where summons is to be served outside the
judicial region of the court where the case is pending.

Who will serve summons in case the What if the plaintiff misrepresents that What if summons cannot be served upon
plaintiff is a corporation? the defendant received summons? all or any of the defendants?

If the plaintiff is a juridical entity , it shall notify the There is repercussion if plaintiff misrepresents on If summons is returned without being served on any
court, in writing, and name its authorized the service of summons on the defendant. The or all the defendants, the court shall order the
representative therein, attaching a board resolution case shall be dismissed with prejudice, the plaintiff to cause the service of summons by other
or secretary’s certificate thereto, as the case may proceedings shall be nullified and the plaintiff means available under these Rules.
be, stating that such representative is duly shall be meted appropriate sanctions. (Sec. 3,
Failure to comply with the order shall cause the
authorized to serve the summons on behalf of the Rule 14). dismissal of the initiatory pleading without prejudice
plaintiff. (Sec. 3, Rule 14). (Sec. 3, Rule 14).
 20 Feb 2023

RULE 14 RULE 14 RULE 14

SUMMONS SUMMONS SUMMONS
1997 Rules of Civil Procedure 2019 Amendments
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
If the plaintiff is a juridical entity , it shall
notify the court, in writing, and name its
Section 3. By whom served. — The summons Section 3. By whom served. — The summons
authorized representative therein, If summons is returned without
may be served by the sheriff, his deputy, or other may be served by the sheriff,
attaching a board resolution or secretary’s
proper court officer, or for justifiable reasons by his deputy, or other proper court officer, and in
certificate thereto, as the case may be,
being served on any or all the
any suitable person authorized by the court case of failure of service of summons by defendants, the court shall order
stating that such representative is duly
issuing the summons. them, the court may authorize the plaintiff
– to serve the summons – together with the
authorized to serve the summons on the plaintiff to cause the service
behalf of the plaintiff. of summons by other means
sheriff.
If the plaintiff misrepresents that the available under these Rules.
In cases where summons is to be served
defendant was served summons, and it is
outside the judicial region of the court
later proved that no summons was served, Failure to comply with the order
where the case is pending, the plaintiff shall
the case shall be dismissed with prejudice,
be authorized to cause the service of the
the proceedings shall be nullified and the
shall cause the dismissal of the
summons.
plaintiff shall be meted appropriate initiatory pleading without
sanctions. prejudice.

When is there failure of service of RULE 14

How is service upon the person of the
SUMMONS
summons? 1997 Rules of Civil Procedure 2019 Amendments
defendant made?
5. Service in person on defendant. —
Section 5. Issuance of alias summons. — If a Section 4. Validity of summons and Issuance
⚫There is failure of service after unsuccessful summons is returned without being served on any of alias summons. — Summons shall remain ⚫Section
attempts to personally serve the summons on the
or all of the defendants, the server shall also serve
a copy of the return on the plaintiff's counsel,
valid until duly served, unless it is recalled
by the court. In case of loss or destruction Whenever practicable, the summons shall be
defendant on his address indicated in the
stating the reasons for the failure of service, within
five (5) days therefrom. In such a case, or if the
of summons, the court may upon motion,
issue an alias summons. There is failure of
served by handing a copy thereof to the defendant
complaint. (Sec. 8, Rule 14).
summons has been lost, the clerk, on demand of
the plaintiff, may issue an alias summons.
service after unsuccessful attempts to
personally serve the summons on the
in person and informing the defendant that
defendant on his address indicated in the he or she is being served, or, if he or she
⚫Thus, there shall be substituted of service in complaint. Substituted service should be in
refuses to receive and sign for it, by leaving
the manner provided under Section 6 of
accordance with Section 6. this Rule. (5)
the summons within the view and in
presence of the defendant (Rule 14).
 20 Feb 2023

RULE 14 When can substituted service be RULE 14

Section 5 Section 6
effected?
⚫ How is substituted service effected?
⚫Under Section of the new Rules, there is added ⚫ 1. By leaving copies of the summons at the defendant's
requirement in serving summons upon the person ⚫Substituted service can be effected, if, for residence to a person at least eighteen (18) years of age and of
of defendant. justifiable causes, the defendant cannot be sufficient discretion residing therein (Manotoc vs. CA, infra);
⚫Aside from just handing a copy thereof to the served personally after at least three (3)
defendant in person, the server has to inform ⚫ 2. By leaving copies of the summons at defendant's office or
the defendant he or she is being served. If he
attempts on two (2) separate dates (Sec. 6, regular place of business with some competent person in
or she refuses to receive and sign for it, by leaving Rule 14; Manotoc vs. CA, G.R. No. charge thereof. A competent person includes, but not
limited to, one who customarily receives
the summons within the view and in presence of 130974. August 16, 2006). correspondences for the defendant.
the defendant.

RULE 14
RULE 14 RULE 14
SUMMONS
Section 6 SUMMONS
1997 Rules of Civil Procedure 2019 Amendments
⚫ How is substituted service effected? 1997 Rules of Civil Procedure 2019 Amendments A competent person includes, but not limited
to, one who customarily receives
⚫ 3. By leaving copies of the summons, if refused entry Section 7. Substituted service. — If, for Section 6. Substituted service. — If, for correspondences for the defendant;
upon making his or her authority and purpose known, with justifiable causes, the defendant cannot be justifiable causes, the defendant cannot be
(c) By leaving copies of the summons, if
served within a reasonable time as provided in served personally after at least three (3)
any of the officers of the homeowner’s association or the preceding section, service may be effected: attempts on two (2) separate dates, service refused entry upon making his or her
authority and purpose known, with any of the
condominium corporation, or its chief security officer in (a) by leaving copies of the summons at the
may be effected:
officers of the homeowner’s association or
charge of the community or the building where the defendant's residence with some person of (a) By leaving copies of the summons at the condominium corporation, or its chief
security officer in charge of the community or
suitable age and discretion then residing defendant's residence to a person at least
defendant may be found (Robinson vs. Miralles, 510 therein, or eighteen (18) years of age and of the building where the defendant may be
found; and
SCRA 678); (a) by leaving the copies at defendant's office or
sufficient discretion residing therein;
(d) By sending an electronic mail to the
⚫ 4. By sending an electronic mail to the defendant’s regular place of business with some (a) By leaving copies of the summons at
defendant’s electronic mail address, if
competent person in charge thereof. defendant's office or regular place of
electronic mail address, if allowed by the court. business with some competent person in allowed by the court. (7)
charge thereof.
 20 Feb 2023

There must be showing of impossibility What is the meaning of “reasonable time”

Nature of substituted service
of service in the return under the rules?
⚫ Substituted service is a method extraordinary in
character, hence, may be used only as prescribed and in ⚫ The Court ruled that for substituted service of summons ⚫Reasonable time is defined as so much time as is
the circumstances authorized by statute (Chu vs. Mach to be available, the impossibility of service in person must
necessary under the circumstances for a
Asia Trading Corp, 694 SCRA 302, 309-310). be shown. There must be several attempts by the sheriff to
personally serve the summons within a reasonable period reasonably prudent and diligent man to do,
⚫ Hence, return which merely states the alleged conveniently, what the contract or duty requires
of time which eventually resulted failure to personally
whereabouts of the defendants, without indicating that serve it in person. “Several attempts” means at least that should be done, having a regard for the rights
such information was verified and without specifying the three (3) tries, preferably on at least two different and possibility of loss, if any[,] to the other party.
efforts exerted to serve the summons, is not enough for dates. In addition, the sheriff must cite why such efforts Under the Rules, the service of summons has no
compliance. So is mere general statement that such were unsuccessful. It is only then that impossibility of
efforts were made (Jose vs. Boyon, 414 SCRA 216). service can be confirmed (Manotoc vs. CA, supra).
set period.

What is the meaning of “reasonable What is the meaning of “reasonable time” under Who is a person of suitable age or
time” under the rules? the rules? discretion?
⚫ To the sheriff, reasonable time means 15 to 30 days because at
⚫ However, when the court, clerk of court, or the plaintiff ⚫A person of suitable age and discretion is one who has attained
asks the sheriff to make the return of the summons and the end of the month, it is a practice for the branch clerk of
the age of full legal capacity (18 years old) and is considered to
the latter submits the return of summons, then the validity court to require the sheriff to submit a return of the summons have enough discernment to understand the importance of a
of the summons lapses. The plaintiff may then ask for an assigned to the sheriff for service. The Sheriffs Return provides summons. Discretion" is defined as "the ability to make
alias summons if the service of summons has failed. What data to the Clerk of Court, which the clerk uses in the Monthly decisions which represent a responsible choice and for which
then is a reasonable time for the sheriff to effect a Report of Cases to be submitted to the Office of the Court an understanding of what is lawful, right or wise may be
personal service in order to demonstrate Administrator within the first ten (10) days of the succeeding presupposed. Thus, to be of sufficient discretion, such person
impossibility of prompt service? To the plaintiff, must know how to read and understand English to comprehend
reasonable time means no more than seven (7) month. Thus, one month from the issuance of summons
the import of the summons, and fully realize the need to deliver
days since an expeditious processing of a complaint can be considered reasonable time with regard to the summons and complaint to the defendant at the earliest
is what a plaintiff wants. personal service on the defendant (OCA vs. Cabrera- possible time for the person to take appropriate action.
Faller, A.M. Nos. RTJ-11-2301-2303, January 16, 2018). (Manotoc vs. CA, supra).
 20 Feb 2023

What is the effect if the defendant How is service of summons effected

How is service of summons effected
upon an entity without a juridical
prevents service of summons? upon a prisoner?
personality?
⚫When persons associated in an entity without juridical ⚫When the defendant is a prisoner confined in a jail
⚫If the defendant consciously personality are sued under the name by which they are or institution, service shall be effected upon him
prevented the service of summons generally or commonly known, service may be effected
upon all the defendants by serving upon any one of or her by the officer having the management of
upon his person, then the summons them, or upon the person in charge of the office or such jail or institution who is deemed deputized as
shall be considered served upon his place of business maintained in such name. But such a special sheriff for said purpose. The jail
service shall not bind individually any person warden shall file a return within five (5)
person(Robinson vs. Miralles, 510 whose connection with the entity has, upon due
calendar days from service of summons to
notice, been severed before the action was
SCRA 678). brought. (Sec. 7, Rule 14). the defendant. (Sec. 8, Rule 14).

RULE 14 RULE 14 How is service of summons effected

SUMMONS Section 9 upon minors?
1997 Rules of Civil Procedure 2019 Amendments

⚫This is a new provision. ⚫When the defendant is a minor, insane or otherwise an

Section 9. Service consistent
with international conventions. ⚫Service of summons may be effected through incompetent person, service of summons shall be
— Service may be made international convention which the Philippine is a made upon him or her personally and on his legal
[NONE] through methods which are guardian if he or she has one, or if none his or her
consistent with established
party.
international conventions to ⚫This includes Convention of 15 November guardian ad litem whose appointment shall be applied
which the Philippines is a 1965 on the Service Abroad of Judicial and for by the plaintiff. In the case of a minor, service shall
party. (n)
Extrajudicial Documents in Civil or may also be made on his or her parent or guardian.
(Sec. 10, Rule 14).
Commercial Matters.
 20 Feb 2023

How is service of summons effected RULE 14

How is service of summons effected
upon spouses? Section 11
upon a domestic private entity?
⚫When spouses are sued jointly, ⚫This is a new section must be related to ⚫When the defendant is a corporation, partnership or
Section 4, Rule 3 where in it is provided association organized under the laws of the Philippines
service of summons should be made
that husband and wife shall sue or be sued with a juridical personality, service may be made on
to each spouse individually. (Sec. jointly, except as provided by law. the president, managing partner, general manager,
corporate secretary, treasurer, or in-house counsel of
10, Rule 14). ⚫However, even if the husband and wife are the corporation wherever they may be found,
sued jointly, service of summons should be or in their absence or unavailability, their
made to each spouse individually. secretaries. (Sec. 12, Rule 14).

What if service cannot be made upon Who shall receive summons in case the What if the above mentioned persons
president, managing partner, general corporation is under receivership or refused to receive summons in behalf of the
manager, corporate secretary, treasurer, or in- liquidation? corporation, how shall summons be served?
house counsel or their respective secretaries,
to whom shall summons be served? ⚫Should there be a refusal on the part of the
⚫In case the domestic juridical entity is under
⚫Ifsuch service cannot be made upon any of the receivership or liquidation, service of persons above-mentioned to receive summons
despite at least three (3) attempts on two (2)
foregoing persons, it shall be made upon the summons shall be made on the receiver or separate dates, service may be made
person who customarily receives liquidator, as the case may be. (Sec. 12, electronically, if allowed by the court, as
correspondence for the defendant at its Rule 14). provided under Section 6 of this rule. (Sec. 12,
principal office. (Sec. 12, Rule 14). Rule 14).
 20 Feb 2023

RULE 14 RULE 14 RULE 14

Section 12 Section 12 Section 12
⚫ The new formulation of this section is a great improvement ⚫ Second, if such service cannot be made upon any of the ⚫ Fourth, should there be a refusal on the part of the persons above-
to the old Section 12. foregoing persons, it shall be made upon the person who mentioned to receive summons despite at least three (3) attempts
customarily receives correspondence for the defendant at its on two (2) separate dates, service may be made electronically,
⚫ First, the persons who are authorized to receive summons
principal office. if allowed by the court, as provided under Section 6 of this rule.
in behalf of the corporation which are, the president,
⚫ It is now clear that substituted service may be effected even if the
managing partner, general partner, corporate secretary, ⚫ Third, in case the domestic juridical entity is under
defendant is a corporation. What is implied in the case of Carson
treasurer or in-house counsel, may be served whenever receivership or liquidation, service of summons shall be made
Realty & Management Corp vs. Red Robin Security
they may be found. Summons may also be served on their on the receiver or liquidator, as the case may be. Agency, GR No. 225035, February 8, 2017 is now express in
secretaries in their absence. (Nation Petroleum Gas vs. ⚫ The ruling therefore Nation Petroleum Gas vs. RCBC, the amendment.
RCBC, GR No. 183370, August 17, 2015) GR No. 183370, August 17, 2015 and other companion ⚫ But the manner of substituted service is service through electronic
cases are not anymore controlling. means.

Can substituted service be effected if the

Take note: Problem
defendant is a corporation?
⚫ The ruling in (Nation Petroleun Gas vs. RCBC,
⚫ In Carson Realty & Management Corp vs. Red ⚫Plaintiff filed a case against a corporation.
GR No. 183370, August 17, 2015; 7107 Islands
Publishing, Inc., vs. the house of Printers Corp.,
Robin Security Agency, GR No. 225035, February Sheriff issued summons. The summons was
8, 2017, one of the issues that cropped up is whether
GR No. 193420, October 14, 2015; G.V. Florida substituted service can be effected if the defendant is a received by the secretary of the corporate
Transport vs. Tiara Commercial Corp, GR corporation. secretary upon the instruction of the
201378, Oct. 18, 2017) that service of summons on ⚫ The SC ruled that the substituted service effected by the corporate secretary.
an officer other than those enumerated in Sec. 11 of sheriff is valid. It should be noted that there were several
rule 14 is invalid is not anymore controlling. attempts made by the sheriff to serve the summons ⚫Is there a valid service of summons?
upon the president of the company but to no avail.
 20 Feb 2023

How may improper service of summons How may improper service of summons
Answer
be cured? be cured?
⚫ It is clear, therefore, that Abante, in so receiving the ⚫ By proof of actual receipt. ⚫ By proof of actual receipt.
summons, did so in representation of Ang who, as corporate ⚫ "In the case at bar, there is no question that summons was timely ⚫ "In the case at bar, there is no question that summons was timely
secretary, is one of the officers competent under the Rules issued and received by private respondent. In fact, he never denied issued and received by private respondent. In fact, he never denied
actual receipt of such summons but confined himself to the actual receipt of such summons but confined himself to the
of Court to receive summons on behalf of a private juridical argument that the Sheriff should prove that personal service was argument that the Sheriff should prove that personal service was
person. Thus, while it may be true that there was no direct, first made before resorting to substituted service. x x x x first made before resorting to substituted service. x x x x
physical handing of the summons to Ang, the latter could at ⚫ On the same matter, Moran has this to say: ⚫ On the same matter, Moran has this to say:
least be charged with having constructively received the ⚫ "Irregularities of this kind may, however, be cured by proof that the ⚫ "Irregularities of this kind may, however, be cured by proof that the
same, which in Our view, amounts to a valid service of copies have actually been delivered to the defendant, which is copies have actually been delivered to the defendant, which is
summons (Nation Petroleun Gas vs. RCBC, GR No. equivalent to personal service.” (Mapa vs. Court of Appeals, equivalent to personal service.” (Mapa vs. Court of Appeals,
79374 & 82968, October 2, 1992). 79374 & 82968, October 2, 1992).
183370, August 17, 2015).

RULE 14 RULE 14 How may improper service of summons

SUMMONS Section 12 be cured?
⚫ By asking affirmative relief from the Court
1997 Rules of Civil Procedure 2019 Amendments

Section 13. Duty of counsel of ⚫This is a new provision. It contemplates a ⚫ We have, time and again, held that the filing of a motion for
record. — Where the summons is
improperly served and a lawyer situation where the defendant’s lawyer makes a additional time to file answer is considered voluntary
makes a special appearance on
behalf of the defendant to, among special appearance in order to question the submission to the jurisdiction of the court. If the defendant
others, question the validity of validity of service of summons. In this case, knowingly does an act inconsistent with the right to object
[NONE]
service of summons, the counsel to the lack of personal jurisdiction as to him, like voluntarily
shall be deputized by the court to instead of the court resolving the question appearing in the action, he is deemed to have submitted
serve summons on his client. (n)
raised by defendant’s lawyer, the court shall himself to the jurisdiction of the court (Carson Realty &
instead, deputize the latter to serve summons Management Corp vs. Red Robin Security Agency,
on his client. GR No. 225035, February 8, 2017).
 20 Feb 2023

How is service of summons effected Who is the person designated by law? Please take NOTE:
upon a foreign private entity? ⚫ As a condition precedent to the issuance of the license to ⚫It has been held that when a foreign
transact business in the Philippines by any foreign corporation
⚫ When the defendant is a foreign private juridical entity that such corporation file with the Securities and Exchange corporation has designated a person to
which has transacted or is doing business in the Commission a written power of attorney designating some receive summons on its behalf pursuant to the
Philippines, as defined by law, service may be made person who must be a resident of the Philippines, on whom any
on its resident agent designated in accordance summons and other legal processes may be served in all actions
Corporation Code, that designation is
with law for that purpose, or, if there be no such or other legal proceedings against such corporation, and exclusive and service of summons on any
agent, on the government official designated by law to consenting that service upon such resident agent shall be other person is inefficacious (H.B. Zachry
that effect, or on any of its officers or agents, directors admitted and held as valid as if served upon the duly authorized
officers of the foreign corporation at its home office (Sec. 129, Company International vs. CA, 232
or trustees within the Philippines. (Sec. 12, Rule 14). Corporation Code). SCRA 329).

How is service of summons effected upon a foreign

private entity not registered in the Philippines or with How is service upon the Republic of How is service upon an unincorporated
no resident agent? the Philippines effected? government agency effected?
⚫ 1. By personal service coursed through the appropriate
court in the foreign country with the assistance of the
⚫When the defendant the Republic of the
department of foreign affairs; ⚫Jurisprudence tells that when a suit is directed
Philippines, service may be effected on the
⚫ 2. By publication once in a newspaper of general
Solicitor General. against an unincorporated agency, it is as if
circulation in the country where the defendant may be found
and by serving a copy of the summons and the court order ⚫In case of a province, city or municipality, or like
directed against the agency’s principal which is
by registered mail at the last known address of the defendant; public corporations, service may be effected on the Republic of the Philippines, thus summons
⚫ 3. By facsimile;
its executive head, or on such other officer or should be served upon the Solicitor General
⚫ 4. By electronic means with the prescribed proof of service; (Republic vs. Domingo, 657 SCRA 621,
5. By such other means as the court, in its discretion, may direct
officers as the law or the court may direct.
(Sec. 12, Rule 14). (Sec. 15, Rule 14). 636).
 20 Feb 2023

How will summons be effected upon a

Take note: Illustration of the Principle defendant whose identity or whereabouts
⚫The court reiterated the rule that the impossibility are unknown?
⚫ Service of summons in the person of the of prompt, personal service should be shown by ⚫In any action where the defendant is designated as
defendant is generally preferred over substituted stating in the proof of service that efforts were made an unknown owner, or the like, or whenever his or
her whereabouts are unknown and cannot be
service (Nation Petroleum Gas, Inc., vs. RCBC, G.R. to find the defendant personally and that said efforts ascertained by diligent inquiry, within ninety (90)
No. 188370, August 17, 2015). It is only when failed; hence resort to substituted service. Since no calendar days from the commencement of
summons cannot be served personally within a such explanation was made, there was a failure to the action, service may, by leave of court, be
reasonable period of time that substituted service effected upon him or her by publication in a
faithfully, strictly, and fully comply with the newspaper of general circulation and in such
may be resorted to (Chu vs. Mach Asia Trading Corp., requirements of substituted service (Miranda vs. places and for such time as the court may order
694 SCRA 302, 308). (Section 16, Rule 14).
Court of Appeals, 326 SCRA 278).

RULE 14 RULE 14
Section 16 Section 16
Please take NOTE:

⚫If the action is instituted against a defendant, ⚫However, such kind of service of summons can only ⚫Thus, in Section 16 of Rule 14 authorizes
designated as an unknown owner, or the like, or be effected if there is showing that defendant’s summons by publication in any action and the
whenever his or her whereabouts are unknown whereabouts cannot ascertained by diligent inquiry rule obviously does not distinguish whether the
and cannot be ascertained by diligent inquiry, within 90 days from the commencement of the suit. action is in personam, in rem or quasi in rem.
service of summons, by leave of court, be effected ⚫Any order granting such leave shall specify a
The tenor of the rule authorizes summons by
publication whatever the action may be as long
through publication in a newspaper of general reasonable time, which shall not be less than sixty
as the identity of the defendant is unknown or
circulation and in such places and for such time as (60) calendar days after notice, within which the
his whereabouts are unknown (Santos vs.
the court may order. defendant must answer.
PNOC, 566 SCRA 272).
 20 Feb 2023

What are the modes of extra-territorial

When is extra-territorial service effected? But please take Note:
service?
Personal Service
Action affects the personal The SC in several cases under Section 6,
Rule 14
applies Section 17, Rule 14 to
status of the plaintiff.
In which the defendant has
or claims a lien or interest, Publication in By international
actions in rem or quasi in rem
actual or contingent
When the defendant is a
Action relates to, or the
subject of which is,
Section 17,
Rule 14 newspaper in such convention by
non-resident and is not
property within the place Philippine is a party
(Jose vs. Boyon, 414 SCRA
found in the Philippines. In which the relief
Philippines:
demanded consists, wholly
or in part, in excluding the
Other manner the
216)
defendant from any
The property of the
defendant has been
interest therein court may deem
Section 17, Rule 14
attached within the
Philippines sufficient

How may summons be effected against a

Please take NOTE: resident who is temporarily outside Problem
of the Philippines? ⚫P filed with the RTC a tort case against D. The sheriff
went to D’s resident and served the summons and
Extra-territorial service is not ⚫ SECTION 18. Residents Temporarily Out of
the Philippines. — When any action is commenced
complaint on D’s husband, since D was temporarily out
available in an action in against a defendant who ordinarily resides within the
of the country. Subsequently, D filed a motion to dismiss
on the ground that she was not properly served with
personam (Kawasaki Port Philippines, but who is temporarily out of it, service
may, by leave of court, be also effected out of the
summons since she was temporary out of the country
and hence, the service of summons on her should
Service Corp vs. Amores Philippines, as under the preceding section. conform to Section 16, Rule 14 of the Rules of Court
which requires extraterritorial service. Should RTC
199 SCRA 230, 237). ⚫ Preceding section is Section 17 – Extra-territorial
service
grant the motion to dismiss?
 20 Feb 2023

RULE 14 RULE 14
Answer SUMMONS SUMMONS

⚫The RTC should not grant the motion to

1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments

dismiss. Section 4. Return. — When the service has been

completed, the server shall, within five (5) days
Section 20. Return. — Within thirty (30)
calendar days from issuance of summons by
Should be substituted service have been
effected, the return shall state:

⚫The SC rule that in the case of resident

therefrom, serve a copy of the return, personally the clerk of court and receipt thereof, the
or by registered mail, to the plaintiff's counsel, and sheriff or process server, or person (1) The impossibility of prompt personal

temporarily out of the Philippines,

shall return the summons to the clerk, who issued authorized by the court, shall complete its service within a period of thirty (30)
it, accompanied by proof of service. (6a) service. Within five (5) calendar days from calendar days from issue and receipt of
service of summons, the server shall file
extraterritorial service is not mandatory since
summons;
with the court and serve a copy of the
return to the plaintiff’s counsel, personally,
Section 16 of Rule 14 uses the word “may” and
(2) The date and time of the three (3)
by registered mail, or by electronic means attempts on at least (2) two separate dates
authorized by the Rules.
thus, substituted service of summons may be
to cause personal service and the details of
the inquiries made to locate the defendant
residing thereat; and
resorted to (Palma vs. Galvez, March 10,
2010).

RULE 14 RULE 14 RULE 14

SUMMONS Section 20 Section 20
1997 Rules of Civil Procedure 2019 Amendments
⚫ The rule now specifies what should be stated in the return in case
⚫ There is a mandate in this section that summon must be of substituted service:
(3) The name of the person at least
eighteen (18) years of age and of sufficient served within thirty (30) days. In the case of OCA vs.
discretion residing thereat: name of
competent person in charge of the
Cabrera-Faller, A.M. Nos. RTJ-11-2301-2303, ⚫ 1. The impossibility of prompt personal service within a period
defendant’s office or regular place of January 16, 2018, “thirty (30) days” was considered of thirty (30) calendar days from issue and receipt of
business, or name of the officer of the summons OCA vs. Cabrera-Faller, A.M. Nos. RTJ-11-
homeowner’s association or condominium reasonable time. 2301-2303, January 16, 2018;
corporation or its chief security officer in
charge of the community or building where ⚫ The server shall make a return within five (5) calendar days
the defendant may be found.
from service to the court and serve a copy of the return to ⚫ 2. The date and time of the three (3) attempts on at least (2)
(4)
two separate dates to cause personal service and the details
the plaintiff’s counsel, personally, by registered mail, or by of the inquiries made to locate the defendant residing thereat
electronic means authorized by the Rules. (Manotoc vs. CA);
 20 Feb 2023

RULE 14 RULE 14 How is jurisdiction over the person of the defendant

Section 20 SUMMONS acquired?
1997 Rules of Civil Procedure 2019 Amendments
⚫ 3. The name of the person at least eighteen (18) years ⚫Jurisdictionover the person of the defendant is
of age and of sufficient discretion residing thereat: Section 20. Voluntary appearance. — Section 23. Voluntary appearance. — acquired through coercive process, generally by 1)
name of competent person in charge of the The defendant's voluntary appearance The defendant's voluntary appearance
service of summons or through defendant’s 2)
in the action shall be equivalent to in the action shall be equivalent to
defendant’s office or regular place of business, or service of summons. The inclusion in service of summons. The inclusion in voluntary appearance or submission to the court
name of the officer of the homeowner’s association a motion to dismiss of other grounds a motion to dismiss of other grounds
or condominium corporation or its chief security aside from lack of jurisdiction over aside from lack of jurisdiction over (Republic vs. Domingo, 657 SCRA 621, 632;
officer in charge of the community or building the person of the defendant shall not the person of the defendant shall be Manotoc vs. CA, 499 SCRA 21)
be deemed a voluntary appearance. deemed a voluntary appearance.
where the defendant may be found. (23a) (20)

When is a defendant deemed to have made a

voluntary appearance?
When is asking for affirmative relief not deemed to Section 23, Rule 14
be a voluntary appearance?

⚫1.By filing an answer (Guy vs. Gacott, GR No. ⚫SECTION 23. Voluntary Appearance.
⚫The act of making a conditional appearance
206147, January 13, 2016). — The defendant's voluntary appearance in
or special appearance in court to object to the action shall be equivalent to service of
⚫2.By asking an affirmative relief from the the jurisdiction of the court over his summons. The inclusion in a motion to
Court (Reicon Realty Builders Corp vs. Diamond person, is not deemed a voluntary dismiss of other grounds aside from
Dragon, GR No. 204796, February 4, 2015). appearance or voluntary submission to the lack of jurisdiction over the person of
jurisdiction of the court. the defendant shall be deemed a
voluntary appearance.
 20 Feb 2023

Definition of Motion Forms of Motion

Section 2, Rule 15
Section 1, Rule 15
MOTION
All motions shall be in writing except those made in
A motion is an open court or in the course of a hearing or trial.
application for relief A motion made in open court or in the course of a
other than by a hearing or trial should immediately be resolved in open
court, after the adverse party is given the opportunity
pleading. to argue his or her opposition thereto.

Is hearing necessary for the motion? RULE 15 RULE 15

MOTIONS MOTIONS

⚫Generally NO. 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments

⚫However, when a motion is based on facts not Section 4. Non-litigious motions. —

Motions which the court may act upon iii. Motion for postponement;
appearing on record, the court may hear the matter without prejudicing the rights of
on affidavits or depositions presented by the [NONE]
adverse parties are non-litigious
motions. These motions include:
iv. Motion for the issuance of a writ of
execution;
respective parties, but the court may direct that the i. Motion for the issuance of alias
[NONE]
v. Motion for the issuance of an alias
matter be heard wholly or partly on oral testimony summons; writ of execution

or depositions (Section 2, Rule 15). ii. Motion for extension to file answer; vi. Motion for the issuance of a writ of
possession;
 20 Feb 2023

RULE 15 RULE 15
RULE 15
MOTIONS Section 4 Section 4
⚫ The following are non-litigious motions under the new
1997 Rules of Civil Procedure 2019 Amendments
⚫What is non-litigious motion? Rules:
vii. Motion for the issuance of an order ⚫ 1. Motion for the issuance of alias summons;
directing the sheriff to execute the final ⚫ 2. Motion for extension to file answer;
⚫Motions which the court may act upon ⚫ 3. Motion for postponement;
certificate of sale; and
⚫ 4. Motion for the issuance of a writ of execution;
viii. Other similar motions.
without prejudicing the rights of adverse ⚫ 5. Motion for the issuance of an alias writ of execution
These motions shall not be set for
hearing and shall be resolved by the parties are non-litigious motions. ⚫ 6. Motion for the issuance of a writ of possession;
court within five (5) calendar days from ⚫ 7. Motion for the issuance of an order directing the sheriff to
receipt thereof. (n) execute the final certificate of sale; and
⚫ 8. Other similar motions.

RULE 15 RULE 15
RULE 15 MOTIONS
Section 4 MOTIONS
⚫What should the court do with non-
1997 Rules of Civil Procedure 2019 Amendments
1997 Rules of Civil Procedure 2019 Amendments
Section 5. Litigious motions –
litigious motions? (a) litigious motions include:
vi. Motion to amend after a responsive
pleading has been filed;
i. Motion for bill of particulars;
vii. Motion to cancel statutory lien;
⚫These motions shall not be set for hearing ii. Motion to dismiss;
[NONE] viii. Motion for an order to break in or
and shall be resolved by the court within [NONE]
iii. Motion for new trial;
for a writ of demolition;

five (5) calendar days from receipt thereof. iv. Motion for reconsideration;
ix. Motion for intervention;

x. Motion for judgment on the

v. Motion for execution pending appeal;
pleadings;
 20 Feb 2023

RULE 15 RULE 15 RULE 15

MOTIONS MOTIONS MOTIONS
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
(c) The opposite party shall file his or
[NONE] xi. Motion for summary judgment; her opposition to a litigious motion
within five (5) calendar days from
Section 5. Notice of hearing. — The Section 6. Notice of hearing on
xii. Demurrer to evidence; notice of hearing shall be addressed litigious motions; discretionary.
receipt thereof. No other submissions
xiii. Motion to declare defendant in default; shall be considered by the court in the to all parties concerned, and shall — The court may, in the
and resolution of the motion. specify the time and date of the exercise of its discretion, and if
[NONE]
xiv. Other similar motions. The motion shall be resolved by the
hearing which must not be later deemed necessary for its
court within fifteen (15) calendar days than ten (10) days after the filing of resolution, call a hearing on the
(b) All motions shall be served by personal from its receipt of the opposition the motion. (5a) motion. The notice of hearing shall
service, accredited private courier or thereto, or upon expiration of the
registered mail, or electronic means so as be addressed to all parties
period to file such opposition. (n)
to ensure their receipt by the other party. concerned, and shall specify the
time and date of the hearing. (5)

RULE 15 RULE 15 RULE 15

MOTIONS MOTIONS Sections 5, 6, 7, and 8
1997 Rules of Civil 2019 Amendments 1997 Rules of Civil 2019 Amendments ⚫ The following are litigious motions under the
Procedure Procedure new Rules:
⚫ 1. Motion for bill of particulars;
Section 6. Proof of service Section 7. Proof of service Section 7. Motion day. — Section 8. Motion day. — ⚫ 2. Motion to dismiss;
necessary. — No written necessary. — No written Except for motions requiring Except for motions requiring ⚫ 3. Motion for new trial;
motion set for hearing shall motion shall be acted immediate action, all motions immediate action, where the ⚫ 4. Motion for reconsideration;
be acted upon by the court upon by the court without shall be scheduled for hearing court decides to conduct ⚫ 5. Motion for execution pending appeal;
without proof of service proof of service thereof, on Friday afternoons, or if hearing on a litigious
⚫ 6. Motion to amend after a responsive pleading has
thereof. (6a) pursuant to section 5(b) Friday is a non-working day, motion, the same shall be
been filed;
hereof. (6) in the afternoon of the next set on a Friday. (7)
working day. (7a)
 20 Feb 2023

RULE 15 RULE 15 RULE 15

Sections 5, 6, 7, and 8 Sections 5, 6, 7, and 8 Sections 5, 6, 7, and 8
⚫ 7. Motion to cancel statutory lien; ⚫ What is the procedure in litigious motions?
⚫ What is the procedure in litigious motions?
⚫ 8. Motion for an order to break in or for a writ of
All motions shall be served by personal service, accredited private courier ⚫ The court may, in the exercise of its discretion, and if deemed
demolition; ⚫
or registered mail, or electronic means so as to ensure their receipt by the necessary for its resolution, call a hearing on the motion. The notice of
hearing shall be addressed to all parties concerned, and shall specify the
⚫ 9. Motion for intervention; other party.
time and date of the hearing (Section 6).
⚫ 10. Motion for judgment on the pleadings; ⚫ The opposite party shall file his or her opposition to a litigious motion
within five (5) calendar days from receipt thereof. No other submissions ⚫ No written motion shall be acted upon by the court without proof of
⚫ 11. Motion for summary judgment; shall be considered by the court in the resolution of the motion. service thereof, pursuant to section 5(b) hereof (Section 7).
⚫ 12. Demurrer to evidence;
The motion shall be resolved by the court within fifteen (15) calendar days ⚫ Except for motions requiring immediate action, where the court
⚫ 13. Motion to declare defendant in default; ⚫
from its receipt of the opposition thereto, or upon expiration of the period decides to conduct hearing on a litigious motion, the same shall be set
⚫ 14. Other similar motions. to file such opposition. on a Friday (Section 8).

RULE 15 RULE 15 RULE 15

MOTIONS Section 10 MOTIONS
1997 Rules of Civil Procedure 2019 Amendments ⚫ What are the exceptions to omnibus motion rule 1997 Rules of Civil 2019 Amendments
under Section 1, Rule 9? Procedure
Section 8. Omnibus motion. — Section 9. Omnibus motion. —
Subject to the provisions of section Subject to the provisions of section ⚫ Lack of jurisdiction over the subject matter
1 of Rule 9, a motion attacking a 1 of Rule 9, a motion attacking a Section 9. Motion for leave. Section 10. Motion for leave.
pleading, order, judgment, or pleading, order, judgment, or
⚫ Litis pendentia — A motion for leave to file a — A motion for leave to file a
proceeding shall include all proceeding shall include all pleading or motion shall be pleading or motion shall be
objections then available, and all objections then available, and all
⚫ Res judicata accompanied by the pleading accompanied by the pleading
objections not so included shall be objections not so included shall be
deemed waived. (8a) deemed waived. (8) or motion sought to be or motion sought to be
⚫ Statute of limitation or prescription admitted. (n) admitted. (9)
 20 Feb 2023

RULE 15 RULE 15 RULE 15

MOTIONS MOTIONS MOTIONS
1997 Rules of Civil 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
(b) Motion to hear affirmative
Procedure Section 12. Prohibited Motions. — The
defenses;
following shall not be allowed:

(a) Motion to dismiss except on the following (c) Motion for reconsideration of
Section 10. Form. — The Section 11. Form. — The grounds: the court’s action on the
Rules applicable to pleadings Rules applicable to pleadings i. That the court has no jurisdiction over the affirmative defenses;
shall apply to written motions shall apply to written motions [NONE] subject matter of the claim.
(d) Motion to suspend proceedings
so far as concerns caption, so far as concerns caption, ii. That there is another action pending
without a temporary restraining
between the same parties for the same cause;
designation, signature, and designation, signature, and and order or injunction issued by a
other matters of form. (9a) other matters of form. (10) iii. That the cause of action is barred by a prior
higher court;
judgment or by the statute of limitations;

RULE 15 RULE 15 RULE 15

MOTIONS MOTIONS Section 12
1997 Rules of Civil Procedure 2019 Amendments
1997 Rules of Civil Procedure 2019 Amendments
(e) Motion for extension of time to file ⚫ There are prohibited motions under the new Rules:
pleadings, affidavits or any other papers, A motion for postponement, whether
except a motion for extension to file an written or oral, shall, at all times, be ⚫ 1. Motion to dismiss
answer as provided by Section 11, Rule 11; accompanied by the original receipt
and from the office of the clerk of court ⚫ 2. Motion to hear affirmative defenses;
evidencing payment of the
(f) Motion for postponement intended for
delay, except if it is based on acts of God,
postponement fee under Section 21(b), ⚫ 3. Motion for reconsideration of the court’s action on the affirmative
Rule 141, to be submitted either at the defenses;
force majeure or physical inability of the
witness to appear and testify. If the motion time of the filing of said motion or not
is granted based on such exceptions, the later than the next hearing date. The ⚫ 4. Motion to suspend proceedings without a temporary restraining order or
injunction issued by a higher court;
moving party shall be warned that the clerk of court shall not accept the
presentation of its evidence must still be motion unless accompanied by an
terminated on the dates previously agreed
⚫ 5. Motion for extension of time to file pleadings, affidavits or any other
original receipt. (n) papers;
upon.

⚫ 6. Motion for postponement intended for delay;

 20 Feb 2023

RULE 15 RULE 15 RULE 15

Section 12 Section 12 MOTIONS
1997 Rules of Civil Procedure 2019 Amendments
⚫ PLEASE TAKE NOTE: ⚫ PLEASE TAKE NOTE:
Section 13. Dismissal with prejudice. — Subject
⚫ When the MTD is based on the following grounds: ⚫ When for extension of time to file answer is allowed pursuant to the right of appeal, an order granting a motion
to dismiss or an affirmative defense that the
Section 11, Rule 11. cause of action is barred by a prior
▪ lack of jurisdiction over the subject matter; judgment or by the statute of limitations;
▪ Litis pendentia; ⚫ Motion for postponement is allowed if it is based on acts of
that the claim or demand set forth in the
plaintiff’s pleading has been paid, waived,
▪ Res judiciata; God, force majeure or physical inability of the witness to NONE abandoned or otherwise extinguished; or
appear and testify. A motion for postponement, whether that the claim on which the action is
▪ Presription written or oral, shall, at all times, be accompanied by the founded is unenforceable under the
provisions of the statute of frauds, shall bar
original receipt from the office of the clerk of court evidencing
⚫ MTD is not a prohibited pleading. It is a litigious
the refiling of the same action or claim. (5, R16)
payment of the postponement fee. If no proof of payment of
motion. postponement fee, the clerk of court shall not accept the
motion.

RULE 15
Section 13
Motion for Bill of Particulars
⚫ There are dismissals of action which bar the filing of a similar ⚫ If the allegations in the pleading is not definite or is vague to
action. Dismissal based on: enable the adverse party to prepare his responsive pleading, then
⚫ 1. Barred by a prior judgment; PROCEEDINGS AFTER SERVICE OF a Motion for Bill of Particulars may be filed (Sec. 1, Rule 12).
⚫ If the motion is granted, the compliance therewith must be
⚫ 2. Barred by the statute of limitations; SUMMONS AND DISMISSAL effected within ten (10) days from notice of the order, unless a
⚫ 3. that the claim or demand set forth in the plaintiff’s pleading different period is fixed by the court. It may be filed either in a
has been paid, waived, abandoned or otherwise extinguished; OF ACTIONS separate or in an amended pleading, serving a copy thereof on the
adverse party (Sec. 3, Rule 12).
⚫ 4. that the claim on which the action is founded is unenforceable
⚫ If the order is not obeyed, or in case of insufficient compliance
under the provisions of the statute of frauds.
therewith, the court may order the striking out of the pleading or
⚫ N.B. THE REMEDY OF THE AGGRIEVED PARTY IS the portions thereof to which the order was directed or make
APPEAL such other order as it deems just (Sec. 4, Rule 12).
⚫ It is filed within a period for filing responsive pleading.
 20 Feb 2023

Within what time should a motion to

Motion to Dismiss Cannot be grounds for MTD dismiss be filed?
⚫ Grounds: ⚫ But may be set up as affirmative defenses ⚫Within the time for but before filing the
⚫ 1. That the pleading asserting the claim states no cause of
⚫ 1. That the court has no jurisdiction over the subject answer. However is the ground of the
action;
matter of the claim;
⚫ 2. That the claim or demand set forth in the plaintiff's pleading motion to dismiss is lack of subject-matter
⚫ 2. That there is another action pending the same has been paid, waived, abandoned, or otherwise
parties for the same cause of action; extinguished; jurisdiction, res judicata, lis pendens or
⚫ 3. Cause of action is barred by prior judgment; ⚫ 3. That the claim on which the action is founded is prescription, and such grounds appear from
unenforceable under the provisions of the statute of
⚫ 4. Cause of action is barred by statute of limitation. frauds;
the pleadings or evidence on record, the
⚫ Section 12, Rule 15 ⚫ 4. That a condition precedent for filing the claim has not been motion to dismiss may be filed even after
complied with.
answer had been filed (Section 1, Rule 9).
⚫ Section12, Rule

That the pleading asserting the claim That a condition precedent for filing the claim
“Litis pendentia”
states no cause of action has not been complied with
⚫ Requisites:
⚫ Test: Examples of condition
◦ When all the elements of the cause of action are not present precedent:
⚫ Identity of parties or at least such as representing in the complaint.
the same interest in both action; Referral to
barangay
⚫ Remember:
⚫ Identity of rights asserted and relief prayed for, the ◦ You have to hypothetically admit the allegations in the
Earnest effort
relief being founded on the same facts; complaint. If after hypothetically admitting, the Court cannot to compromise
render a valid judgment, then, the allegations in the complaint
⚫ Identity of the causes of action such that judgment states no cause of action. Tender of
payment in
in one case will amount to res judicata. consignation
 20 Feb 2023

What are the remedies when the plea for What is the effect of dismissal on
When complaint cannot be refiled after dismissal
the dismissal of action is granted? counterclaim?
⚫ Refile the complaint depending on the ground for ⚫1. Dismissal on the ground of res judicata.
dismissal ⚫Under the old Rule, the dismissal of the complaint
⚫2. Dismissal on the ground of statute of under this section shall be without prejudice to
⚫ Appeal the order of dismissal the basis of the dismissal is
limitations. the prosecution in the same or separate action of
the following: a counterclaim pleaded in the answer (Sec. 6,
◦ Res judicata, ⚫3. Claim or demand has been extinguished, paid,
Rule 16).
◦ Prescription, waived, abandoned or extinguished.
⚫However, this rule is incorporated in in the
◦ Extinguishment of obligation ⚫4. Claim, on which the action is founded, is former Rule 16. But Rule 16 is already deleted
◦ Violation of statute of frauds. (Sec. 13, Rule 15) unenforceable under statute of frauds. from the rule. Does this mean that the
⚫ Petition
for certiorari if dismissal is without prejudice ⚫(Section 13, Rule 15) dismissal of the complaint carries with it the
pursuant to Sec. 1, Rule 41. dismissal of the counterclaim?

What is the effect of dismissal on

Dismissal by Plaintiff Nature of dismissal under Section 1, Rule 17
counterclaim?
⚫ Dismissal Upon Notice by Plaintiff ⚫General rule:
⚫I submit that the counterclaim can still be adjudicated in
◦ A complaint may be dismissed by the plaintiff by filing a ◦ Without prejudice
the same action. Section 2, Rule 17 may be applicable. notice of dismissal at any time before service of the answer
It is provided therein that: “the dismissal shall be or of a motion for summary judgment. Upon such notice being ⚫Exception:
without prejudice to the right of the defendant to filed, the court shall issue an order confirming the dismissal. ◦ If the notice of dismissal provides that the
prosecute his or her counterclaim in a separate Unless otherwise stated in the notice, the dismissal is without dismissal is with prejudice
action unless within fifteen (15) calendar days prejudice, except that a notice operates as an adjudication
from notice of the motion he or she manifests his upon the merits when filed by a plaintiff who has once ◦ If the plaintiff has previously dismissed the same
or her preference to have his or her counterclaim dismissed in a competent court an action based on or including case in a court of competent jurisdiction based on
resolved in the same action.” the same claim (Sec. 1, Rule 17). or including the same claim
 20 Feb 2023

Dismissal Upon Motion of Plaintiff Dismissal due to fault of the plaintiff Effect of Dismissal upon Counterclaim
⚫ If counterclaim has been pleaded prior to service upon the
⚫ Ifthe answer or motion has already been served upon ⚫ Failure of the plaintiff to present evidence in chief
defendant of plaintiff’s motion to dismiss, the dismissal shall be
the plaintiff, dismissal is no longer a matter of right and ⚫ Failure to prosecute his action for an unreasonable
limited to the complaint only.
will require the filing of the motion to dismiss by the period of time
⚫ The defendant may prosecute his claim in the same action or in a
plaintiff. The said motion is subject to approval of the ⚫ Failure of the plaintiff to comply with the Rules of Court separate action.
court (Section 2, Rule 17). ⚫ Failure of the plaintiff to comply with the order of the ⚫ “The dismissal shall be without prejudice to the right of the
court. defendant to prosecute his counterclaim in a separate action
⚫ NOTE: unless within fifteen (15) days from notice of the motion he
⚫ NOTE: dismissal is without prejudice unless otherwise
◦ the dismissal may be motu propio manifests his preference to have his counterclaim resolved in the
provided in the Order.
◦ The dismissal is with prejudice same action” (Sec. 2, Rule 17).

RULE 18 RULE 18
PRE-TRIAL Section 1
1997 Rules of Civil Procedure 2019 Amendments
Section 1. When conducted. — After Section 1. When conducted. — After ⚫ Under the new Rule, it not anymore the duty of the
the last pleading has been served and the last responsive pleading has been
filed, it shall be the duty of the plaintiff to served and filed, the branch clerk of
plaintiff to move for the setting the case for pre-trial. It
is now the obligation of the clerk of court.
PRE-TRIAL AND MODES OF promptly move ex parte that the case be
set for pre-trial (5a, R20)
court shall issue, within five (5)
calendar days from filing, a notice
⚫ The branch clerk of court shall issue notice of pre-trial
DISCOVERY of pre-trial which shall be set not
later than sixty (60) calendar days within five (5) days from the filing of the last
from the filing of the last responsive
pleading. (1a) responsive pleading.
⚫ The pre-trial shall be set not later than 60 days from
the filing of the last responsive pleading.
 20 Feb 2023

RULE 18 RULE 18 RULE 18

PRE-TRIAL PRE-TRIAL PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
(g)The requirement for the parties to:
Section. 2. Nature and Purpose. — The pre-trial (d)The limitation of the number and
Section 2. Nature and purpose. — The pre-trial (e) The limitation of the number of witnesses;
is mandatory and should be terminated identification of witnesses and the setting of 1. Mark their respective evidence if not yet
is mandatory. The court shall consider:
promptly. The court shall consider: (f) The advisability of a preliminary reference of trial dates; marked in the judicial affidavits of their
(a) The possibility of an amicable settlement or of issues to a commissioner; witnesses;
a submission to alternative modes of dispute (a) The possibility of an amicable settlement or of
(g) The propriety of rendering judgment on the (e) The advisability of a preliminary reference of
resolution; a submission to alternative modes of dispute pleadings, or summary judgment, or of dismissing issues to a commissioner; 2. Examine and make comparisons of the
(b) The simplification of the issues; resolution; the action should a valid ground therefor be adverse parties' evidence vis-a-vis the
found to exist; (f) The propriety of rendering judgment on the copies to be marked;
(c) The necessity or desirability of amendments (b)The simplification of the issues; pleadings, or summary judgment, or of dismissing
to the pleadings; (h) The advisability or necessity of suspending the the action should a valid ground therefor be 3. Manifest for the record stipulations
proceedings; and
(d) The possibility of obtaining stipulations or (c) The possibility of obtaining stipulations or found to exist; regarding the faithfulness of the
admissions of facts and of documents to avoid admissions of facts and of documents to avoid (i) Such other matters as may aid in the prompt reproductions and the genuineness and due
unnecessary proof; unnecessary proof; disposition of the action. (1a, R20) execution of the adverse parties' evidence;

RULE 18 RULE 18 RULE 18

PRE-TRIAL PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
Section 2
(h) Such other matters as may aid in the
4. Reserve evidence not available at the
pre-trial, but only in the following manner: prompt disposition of the action.

i. For testimonial evidence, by giving the

name or position and the nature of the
The failure without just cause of a
party and counsel to appear during
There is a mandate under the
testimony of the proposed witness;

ii. For documentary evidence and other

pre-trial, despite notice, shall result
in a waiver of any objections to the new Rules that pre-trial be
terminated promptly.
object evidence, by giving a particular faithfulness of the reproductions
description of the evidence. marked, or their genuineness and
due execution.
No reservation shall be allowed if not made
in the manner described above.
 20 Feb 2023

RULE 18 RULE 18 RULE 18

Section 2 Section 2 Section 2
⚫ There are new matters that must be considered during pre-trial: ⚫ There are new matters that must be considered during pre-
⚫ The limitation of the number and identification of witnesses and the setting of
trial: ⚫ PLEASE TAKE NOTE:
trial dates;
⚫ Reserve evidence not available at the pre-trial: but only in the
⚫ Mark their respective evidence if not yet marked in the judicial affidavits of their following manner: The failure without just cause of a party and counsel to
witnesses;
⚫ For testimonial evidence, by giving the name or position and the appear during pre-trial, despite notice, shall result in a
⚫ Examine and make comparisons of the adverse parties' evidence vis-a-vis the nature of the testimony of the proposed witness;
copies to be marked; waiver of any objections to the faithfulness of the
⚫ Manifest for the record stipulations regarding the faithfulness of the
⚫ For documentary evidence and other object evidence, by giving a reproductions marked, or their genuineness and due
particular description of the evidence.
reproductions and the genuineness and due execution of the adverse parties'
evidence; execution.
⚫ PLEASE TAKE NOTE: No reservation shall be allowed if not
made in the manner described above.

RULE 18 RULE 18 RULE 18

PRE-TRIAL
Section 2 1997 Rules of Civil Procedure 2019 Amendments
Section 3
Section 3. Notice of pre-trial. — The notice of pre-trial Section. 3. Notice of pre-trial. — The notice of pre-
⚫ OBSERVATION
⚫Under the new rules, the notice of pre-trial shall
shall be served on counsel, or on the party who has no trial shall include the dates respectively set for:
counsel. The counsel served with such notice is charged
(a) Pre-trial;
Under Section 2, the failure without just cause of a party and with the duty of notifying the party represented by him. (n)
(b) Court-Annexed Mediation; and include the date for pre-trial, court annexed
counsel to appear during pre-trial, despite notice, shall result in a
waiver of any objections to the faithfulness of the reproductions (c) Judicial Dispute Resolution, if necessary.
mediation and judicial dispute resolution if
marked, or their genuineness and due execution. I find this The notice of pre-trial shall be served on counsel, or on the

consequence without use. It must be noted that under Section 5, party if he or she has no counsel. The counsel served with necessary.
such notice is charged with the duty of notifying the party
the failure to appear during pre-trial has a well defined represented by him or her. ⚫The notice shall contain a reminder that “Non-
consequence. If it is the plaintiff or his counsel did not appear, it
appearance at any of the foregoing settings shall
Non-appearance at any of the foregoing settings
lead to the dismissal of the complaint. If it is the defendant or his shall be deemed as nonappearance at the pre-trial
counsel who failed to appear, it will allow the plaintiff to present
be deemed as nonappearance at the pre-trial and
and shall merit the same sanctions under Section 5
evidence ex-parte. hereof. (3a)

What is thereof the use of the penalty in Section 2? shall merit the same sanctions under Section 5” of
Rule 18.
 20 Feb 2023

RULE 18 RULE 18 RULE 18

PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section 4 Section 4
Section 4. Appearance of parties. — It shall be Section 4. Appearance of Parties. — It shall be
the duty of the parties and their counsel to appear the duty of the parties and their counsel to appear ⚫ Section emphasizes that the appearance of parties and ⚫PLEASE TAKE NOTE:
at the pre-trial. The non-appearance of a party
may be excused only if a valid cause is shown
at the pre-trial, court-annexed mediation, and
judicial dispute resolution, if necessary. The
their counsels are mandatory during pre-trial, court- ⚫A representative may appear on behalf of a party,
annexed mediation and judicial dispute resolution is
therefor or if a representative shall appear in his non-appearance of a party and counsel may
but must be fully authorized in writing to enter
behalf fully authorized in writing to enter into an be excused only for acts of God, force
mandatory. Appearance may only be excused based on
amicable settlement, to submit to alternative
modes of dispute resolution, and to enter into
majeure, or duly substantiated physical
inability. the following reasons: into an amicable settlement, to submit to
stipulations or admissions of facts and of
A representative may appear on behalf of a
⚫ 1) Acts of god
alternative modes of dispute resolution, and to
documents. (n)
party, but must be fully authorized in
writing to enter into an amicable ⚫ 2) Force majeure
enter into stipulations or admissions of facts and
settlement, to submit to alternative modes
⚫ 3). Physical inability of party or counsel.
documents.
of dispute resolution, and to enter into
stipulations or admissions of facts and
documents.

RULE 18 RULE 18 RULE 18

PRE-TRIAL PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section 5 1997 Rules of Civil Procedure 2019 Amendments
Section 5. Effect of failure to appear. — The Section. 5. Effect of failure to appear. — ⚫ Section of the new Rules provides for the effect on Section 6. Pre-trial brief. — The parties shall file with the court and
serve on the adverse party, in such manner as shall ensure their receipt
Section 6. Pre-trial brief. — The parties shall file with the court and
serve on the adverse party, in such manner as shall ensure their receipt
failure of the plaintiff to appear when so
required pursuant to the next preceding
When duly notified, the failure of the plaintiff
and counsel to appear without valid cause
non-appearance of parties and their counsels. thereof at least three (3) days before the date of the pre-trial, their
respective pre-trial briefs which shall contain, among others:
thereof at least three (3) calendar days before the date of the pre-trial,
their respective pre-trial briefs which shall contain, among others:

⚫ If the plaintiff and his or her counsel failed to appear,

(a) A concise statement of the case and the reliefs prayed for;
section shall be cause for dismissal of the when so required, pursuant to the next (a) A statement of their willingness to enter into amicable settlement or
action. The dismissal shall be with prejudice, preceding Section, shall cause the dismissal of alternative modes of dispute resolution, indicating the desired terms (b) A summary of admitted facts and proposed stipulation of facts;

unless other-wise ordered by the court. A the action. The dismissal shall be with despite notice, it would cause the dismissal of the thereof; (c) The main factual and legal issues to be tried or resolved;

similar failure on the part of the defendant shall

be cause to allow the plaintiff to present his
prejudice, unless otherwise ordered by the
court. A similar failure on the part of the
complaint, with prejudice, unless otherwise ordered by (b) A summary of admitted facts and proposed stipulation of facts;

(c) The issues to be tried or resolved;

(d) The propriety of referral of factual issues to commissioners;

(e) The documents or other object evidence to be marked, stating

evidence ex parte and the court to render defendant and counsel shall be cause to allow the court. (d) The documents or exhibits to be presented stating the purpose
the purpose thereof;

(f) The names of the witnesses, and the summary of their respective
judgment on the basis thereof. (2a, R20) the plaintiff to present his or her evidence ex-
⚫ If the defendant and his or her counsel failed to appear,
thereof;
testimonies; and
parte within ten (10) calendar days from (e) A manifestation of their having availed or their intention to avail

it will allow the plaintiff to present evidence ex-parte.

(g) A brief statement of points of law and citation of authorities.
termination of the pre-trial, and the court themselves of discovery procedures or referral to commissioners; and
Failure to file the pre-trial brief shall have the same effect as failure to
to render judgment on the basis of the (f) The number and names of the witnesses, and the substance of their

⚫ PLEASE TAKE NOTE THAT THE APPEARANCE OF

appear at the pre-trial. (8)
respective testimonies.
evidence offered. (5a)
PARTY AND COUNSEL IS REQUIRED.
Failure to file the pre-trial brief shall have the same effect as failure to
appear at the pre-trial. (n)
 20 Feb 2023

RULE 18 RULE 18 RULE 18

PRE-TRIAL PRE-TRIAL PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
Section 7. Record of pre-trial. — The proceedings in the Section 7. Pre-Trial Order. — Upon termination of (g) The case flowchart to be determined by The direct testimony of witnesses for the plaintiff
pre-trial shall be recorded. Upon the termination thereof, the pre-trial, the court shall issue an order within the court, which shall contain the different shall be in the form of judicial affidavits. After
the court shall issue an order which shall recite in detail the ten (10) calendar days which shall recite in detail the the identification of such affidavits, cross-
stages of the proceedings up to the
matters taken up in the conference, the action taken matters taken up. The order shall include: examination shall proceed immediately.
promulgation of the decision and the use of
thereon, the amendments allowed to the pleadings, and the
(a) An enumeration of the admitted facts; time frames for each stage in setting the trial Postponement of presentation of the parties’
agreements or admissions made by the parties as to any of
the matters considered. Should the action proceed to trial, (b)The minutes of the pre-trial conference; dates; witnesses at a scheduled date is prohibited,
the order shall, explicitly define and limit the issues to be except if it is based on acts of God, force
(c) The legal and factual issue/s to be tried; (h) A statement that the one-day examination
tried. The contents of the order shall control the majeure or duly substantiated physical inability
of witness rule and most important witness
subsequent course of the action, unless modified before (d)The applicable law, rules, and jurisprudence; of the witness to appear and testify. The party
trial to prevent manifest injustice. (5a, R20) rule under A.M. No. 03-1-09-SC (Guidelines
(e) The evidence marked; who caused the postponement is warned that
for Pre-Trial) shall be strictly followed; and
the presentation of its evidence must still be
(f) The specific trial dates for continuous trial, which
(i) A statement that the court shall render terminated within the remaining dates
shall be within the period provided by the Rules;
judgment on the pleadings or summary previously agreed upon.
judgment, as the case may be.

RULE 18 RULE 18 RULE 18

PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section 7 Section 7
Should the opposing party fail to ⚫ The pre-trial order governs the trial proceedings.
appear without valid cause stated in ⚫ The following matters must be stated in the Pre-trial Order: ⚫ PLEASE TAKE NOTE:
the next preceding paragraph, the (a) An enumeration of the admitted facts; ⚫ The direct testimony of witnesses for the plaintiff shall be in the
presentation of the scheduled witness
(b)The minutes of the pre-trial conference;
will proceed with the absent party form of judicial affidavits. After the identification of such affidavits,
(c) The legal and factual issue/s to be tried;
being deemed to have waived the right
(d)The applicable law, rules, and jurisprudence;
cross-examination shall proceed immediately.
to interpose objection and conduct
cross-examination. (d)The applicable law, rules, and jurisprudence; ⚫ Postponement of presentation of the parties’ witnesses at a
The contents of the pre-trial order
(e) The evidence marked; scheduled date is prohibited, except if it is based on acts of God,
shall control the subsequent
(f) The specific trial dates for continuous trial, which shall be within the period provided by the force majeure or duly substantiated physical inability of the
Rules;
proceedings, unless modified before
(g) Case flow chart as determined by the Court;
witness to appear and testify. The party who caused the
trial to prevent manifest injustice. (7a)
(h) statement of one-day examination rule; postponement is warned that the presentation of its evidence
(i) statement that the court will render judgment on the pleadings or summary judgment. must still be terminated within the remaining dates previously
agreed upon.
 20 Feb 2023

RULE 18 RULE 18 RULE 18

PRE-TRIAL PRE-TRIAL
Section 7 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments

⚫PLEASE TAKE NOTE: Section 8. Court-Annexed Mediation. Section 9. Judicial Dispute Resolution. — Only
if the judge of the court to which the case
— After pre-trial and, after issues was originally raffled is convinced that
are joined, the court shall refer settlement is still possible, the case may be
⚫Should the opposing party fail to appear without the parties for mandatory court- referred to another court for judicial
dispute resolution. The judicial dispute
valid cause stated in the next preceding paragraph, annexed mediation.
NONE resolution shall be conducted within a non-
The period for court-annexed extendible period of fifteen (15) calendar
the presentation of the scheduled witness will NONE mediation shall not exceed thirty days from notice of failure of the court-
annexed mediation.
proceed with the absent party being deemed to (30) calendar days without
If judicial dispute resolution fails, trial
further extension. (n)
have waived the right to interpose objection and before the original court shall proceed on
the dates agreed upon.
conduct cross-examination. All proceedings during the court-annexed
mediation and the judicial dispute
resolution shall be confidential. (n)

RULE 18 RULE 18 RULE 18

PRE-TRIAL
Section 9 1997 Rules of Civil Procedure 2019 Amendments
Section 10
Section. 10. Judgment after pre-trial. — Should
⚫ The judicial dispute resolution is not anymore mandatory. there be no more controverted facts, or no ⚫ Under the new Rules, the judgment on the pleadings or
It will only be conducted if the judge where the case is more genuine issue as to any material fact, or
an absence of any issue, or should the answer summary judgment may be done by the Court motu
originally raffled is convinced that settlement can be fail to tender an issue, the court shall, propio, of course with prejudice to the right of the party
reached. In which case, the JDR will be conducted by a NONE
without prejudice to a party moving for
judgment on the pleadings under Rule 34 or to file a motion to that effect.
different court which shall be conducted for a period of 15 summary judgment under Rule 35, motu
proprio include in the pre-trial order that the
days which is non-extendible. case be submitted for summary judgment or ⚫ If the court decides to render judgment on the pleadings
judgment on the pleadings, without need of
position papers or memoranda. In such cases,
or summary judgment, the same must be stated in the pre-
trial order.
⚫ Ifjudicial dispute resolution fails, trial before the original judgment shall be rendered within ninety (90)
calendar days from termination of the pre-
court shall proceed on the dates agreed upon. trial.
The order of the court to submit the case for ⚫ The Court shall decide the case within 90 days from the
judgment pursuant to this Rule shall not be termination of the pre-trial.
the subject to appeal or certiorari. (n)
 20 Feb 2023

Modes of Discovery
(Rule 23-29)
Deposition
Deposition Pending Action (Rule 23)
It is the taking of testimony of
MODES OF DISCOVERY
Deposition before action or pending appeal (Rule 24)
any person, whether he be a
Interrogatories to parties (Rule 25) party or not, but at the
Admission by adverse party (Rule 26) instance of a party to the
Production or Inspection of Documents (Rule 27) action. This testimony is
Physical or mental examination of Persons (Rule 28) taken out of court.

Is it necessary to ask permission from the

Two situation where Deposition is taken Please take NOTE: court for the taking of deposition if there is a
pending action?
If deposition is • Deposition de
Rule 23 Rule 24 taken pending
action, it is called: benne esse
⚫Yes. Because deposition can be taken upon ex-
parte motion from a party (Sec. 1, Rule 23).
⚫Thus, the requirement that it should be by
If deposition is
leave of court after jurisdiction has been
obtained over any defendant or over
Deposition taken before • In perpetuam rei property which is the subject of the action, or
Deposition before action existence of the
Pending Action or pending action, for appeal, it
is called:
memoriam without such leave after an answer has been
served, is not anymore necessary.
appeal
 20 Feb 2023

RULE 23
DEPOSITIONS PENDING ACTION How is deposition taken? Before whom may deposition be taken?
1997 Rules of Civil Procedure 2019 Amendments
Section 1. Depositions pending action, when Section 1. Depositions pending action, when It 1) judge; 2) notary public; 3) person
may be taken. — By leave of court after may be taken. — Upon ex parte motion of
depends If deposition authorized to administer oath.
jurisdiction has been obtained over any a party, the testimony of any person, whether
will be taken
defendant or over property which is the
subject of the action, or without such leave
a party or not, may be taken, at the instance of
any party, by deposition upon oral examination Deposition upon oral within the
examination
after an answer has been served, the testimony or written interrogatories. The attendance of
of any person, whether a party or not, may be
taken, at the instance of any party, by
witnesses may be compelled by the use of a
subpoena as provided in Rule 21. Depositions Secs. Philippines:
10 &
Deposition upon written
deposition upon oral examination or written shall be taken only in accordance with these
If in foreign 1) secretary of embassy or legation; 2)
interrogatories. The attendance of witnesses Rules. The deposition of a person confined in 11 consul general; 3) consul; 4) vice
may be compelled by the use of a subpoena as prison may be taken only by leave of court on
country:
provided in Rule 21. Depositions shall be taken
only in accordance with these Rules. The
such terms as the court prescribes.
interrogatories Rule 3 consul; 5) consular agent; 6) person as
may be appointed by commission or
deposition of a person confined in prison may letters rogatory; 7) person authorized
be taken only by leave of court on such terms
to administer oath.
as the court prescribes.

Commission vs. Letters Rogatory Section 12, Rule 23 Dulay vs. Dulay, 474 SCRA 674
⚫ Commission – is ⚫ Letters Rogatory – is an ⚫ Leave of court is not required when deposition is to be
instrument whereby the foreign ⚫ Commission or Letters Rogatory. — A taken before secretary of embassy or legation, consul
authorization given to court is informed of the
somebody, other than commission or letters rogatory shall be issued only general, consul, vice-consul or consular agent of the RP and
pendency of the case and in the
consular officers, to take name of a foreign witnesses, when necessary or convenient, on application and defendant’s answer has already been served. However, if
the deposition of the and is requested to cause their notice, and on such terms and with such direction deposition is to be taken in foreign country where the
depositions to be taken in due Philippine has no secretary of embassy or legation, consul
deponent. It is usually course of law, for the as are just and appropriate. Officers may be
issued when the Philippines furtherance of justice, with an designated in notices or commissions either by general, consul, vice-consul or consular agent, it may be
has no consular office in a offer of the party of the court name or descriptive title and letters rogatory may taken by person as may be appointed by commission. The
making the request, to do like authentication made by the consular officer was a
particular country. for the other, in similar case. be addressed to the appropriate judicial authority in
ratification of the authority of the notary public who took
the foreign country. the questioned depositions.
 20 Feb 2023

How is deposition taken?

Whose deposition may be taken? How is deposition taken?
⚫ Section 15. Deposition upon oral examination; notice;
time and place. — A party desiring to take the deposition of
any person upon oral examination shall give reasonable ⚫ Section 16. Orders for the protection of parties and depositions.
notice in writing to every other party to the action. The ⚫ Section 17. Record of examination; oath; objections.
⚫Any person, whether a party or not, may be
notice shall state the time and place for taking the deposition ⚫ Section 18. Motion to terminate or limit examination.
taken and the name and address of each person to be ⚫ Section 19. Submission to witness; changes; signing.
examined, if known, and if the name is not known, a general ⚫ Section 20. Certification and filing by Officer.
description sufficient to identify him or the particular class or
⚫ Sec. 1, Rule 23 ⚫ Section 21. Notice of filing
group to which he belongs. On motion of any party upon
⚫ Section 22. Furnishing of copies
whom the notice is served, the court may for cause shown
enlarge or shorten the time. ⚫ Section 23. Failure to attend of party giving notice
⚫ Section 24. Failure of the party giving notice to subpoena

Deposition upon written interrogatories Deposition upon written interrogatories Deposition upon written interrogatories
⚫ SECTION 25. Deposition Upon Written Interrogatories;
Service of Notice and of Interrogatories. — A party desiring to take ⚫ SECTION26. Officers to Take Responses and ⚫ SECTION 27. Notice of Filing and Furnishing Copies. —
When a deposition upon interrogatories is filed, the officer taking it
the deposition of any person upon written interrogatories shall serve them Prepare Record. — A copy of the notice and copies shall promptly give notice thereof to all the parties, and may furnish
upon every other party with a notice stating the name and address of the of all interrogatories served shall be delivered by the copies to them or to the deponent upon payment of reasonable
person who is to answer them and the name or descriptive title and party taking the deposition to the officer designated in charges the
address of the officer before whom the deposition is to be taken. Within ⚫ SECTION 28. Orders for the Protection of Parties and
ten (10) days thereafter, a party so served may serve cross-interrogatories
the notice, who shall proceed promptly, in the manner
Deponents. — After the service of the interrogatories and prior
upon the party proposing to take the deposition. Within five (5) days provided by Sections 17, 19 and 20 of this Rule, to take to the taking of the testimony of the deponent, the court in which
thereafter the latter may serve re-direct interrogatories upon a party who the testimony of the witness in response to the the action is pending, on motion promptly made by a party or a
has served cross-interrogatories. Within three (3) days after being served interrogatories and to prepare, certify, and file or mail deponent, and for good cause shown, may make any order
with re-direct interrogatories, a party may serve re-cross-interrogatories specified in Sections 15, 16 and 18 of this Rule which is appropriate
the deposition, attaching thereto the copy of the notice and just or an order that the deposition shall not be taken before
upon the party proposing to take the deposition.
and the interrogatories received by him. the officer designated in the notice or that it shall not be taken
except upon oral examination. refor.
 20 Feb 2023

What may be asked during the taking of

Supposing the party sought to be
examined refused to appear? Where do you apply the sub-poena? deposition?

⚫ RULE 21 ⚫ RULE 23

⚫ The attendance of witnesses may be compelled by the ⚫ SECTION 5. Subpoena for depositions. — Proof of service ⚫ SECTION 2. Scope of examination. — Unless
of a notice to take a deposition, as provided in Sections 15 and otherwise ordered by the court as provided by Section 16
use of subpoena under Rule 21. 25 of Rule 23, shall constitute sufficient authorization for the or 18 of this Rule, the deponent may be examined
issuance of subpoenas for the persons named in said notice by regarding any matter, not privileged, which is relevant
the clerk of the court of the place in which the to the subject of the pending action, whether relating
⚫ Sec. 1, Rule 23. deposition is to be taken. The clerk shall not, however, issue to the claim or defense of any other party, including the
a subpoena duces tecum to any such person without an order of existence, description, nature, custody, condition, and
the court.
location of any books, documents, or other tangible things
⚫ In short, the court of the place where the deposition shall be and the identity and location of persons having knowledge
taken.
of relevant facts.

When is objection made on the Sec. 4, Rule 23

Limitations on deposition taking: admissibility of the deposition? Use of Deposition:

⚫SECTION 6.Objections to Admissibility. — In what • Trial

Matter inquired into is not privilege. proceedings • Hearing of motion
Subject to the provisions of Section 29 of this
may it be used • Hearing of interlocutory proceeding
Rule, objection may be made at the trial
Matter inquired into is relevant pending action.
or hearing to receiving in evidence any
deposition or part thereof for any reason which • Against any party who was present
Court may issue order to protect the parties (Sec. would require the exclusion of the evidence if Against whom
• Against a party who was not
16 & 18). the witness were then present and testifying. may it be sued present but notified
 20 Feb 2023

For what purpose it may be used: For what purpose it may be used: For what purpose it may be used:
⚫ C.It may be used for any purpose if:
⚫A. For impeaching purposes if the ⚫ C. It may be used for any purpose if:
◦ 1) that the witness is dead; or
deponent is a witness ◦ 2) that the witness resides at a distance more than
◦ 4) that the party offering the deposition has been
unable to procure the attendance of the witness by
⚫B. It may be used for any purpose if one hundred (100) kilometers from the place of trial subpoena; or
or hearing, or is out of the Philippines, unless it
the deponent is a party appears that his absence was procured by the party ◦ 5) upon application and notice, that such exceptional
circumstances exist as to make it desirable, in the
offering the deposition; or
interest of justice and with due regard to the
◦ 3) that the witness is unable to attend or testify
importance of presenting the testimony of witnesses
because of age, sickness, infirmity, or imprisonment;
orally in open court, to allow the deposition to be used.
or
(Sec.4, Rule)

Rule 24
Effect of using deposition Effect of taking depositions Deposition before Action, or Pending Appeal

⚫Section 8. Effect of Using Depositions. — The ⚫ SECTION 1. Depositions Before Action; Petition. —
introduction in evidence of the deposition or any ⚫SECTION 7. Effect of Taking A person who desires to perpetuate his own testimony or
that of another person regarding any matter that may be
part thereof for any purpose other than that of Depositions. — A party shall not be cognizable in any court of the Philippines, may file a
contradicting or impeaching the deponent makes
the deponent the witness of the party
deemed to make a person his own verified petition in the court of the place of the
residence of any expected adverse party.
introducing the deposition, but this shall not witness for any purpose by taking his
apply to the use by an adverse party of a deposition deposition. ⚫ The same as Rule 134 – Perpetuation of Testimony
as described in paragraph (b) of Section 4 of this
rule.
 20 Feb 2023

Contents of petition Procedure Deposition pending appeal

⚫ (a) that the petitioner expects to be a party to an action ⚫ If an appeal has been taken from a judgment of a court,
⚫ (b) the subject matter of the expected action and his interest therein; including the Court of Appeals in proper cases, or before the
⚫ (c) the facts which he desires to establish by the proposed testimony and taking of an appeal if the time therefor has not expired, the
his reasons for desiring to perpetuate it; court in which the judgment was rendered may allow the
⚫ (d) the names or a description of the persons he expects will be adverse
taking of depositions of witnesses to perpetuate their
parties and their addresses so far as known; and Petitioner shall If the court is
Deposition testimony for use in the event of further proceedings in the
File Petition serve notice to satisfied, it shall
⚫ (e) the names and addresses of the persons to be examined and the taking will
all person issue order
follow Rule 23. said court. In such case the party who desires to perpetuate
substance of the testimony which he expects to elicit from each, and shall (Sec. 2) named in the granting the
ask for an order authorizing the petitioner to take the depositions of the petition. (Sec. 3) petition. (Sec. 4)
(sec. 4) the testimony may make a motion in the said court for leave
persons to be examined named in the petition for the purpose of to take the depositions, upon the same notice and service
perpetuating their testimony.(Section 2, Rule 24). thereof as if the action was pending therein. (Sec. 7, Rule
24)

Rule 25
Contents of the Motion Interrogatories under Rule 23 & Rule 25
Interrogatories to Parties
⚫ SECTION 1. Interrogatories to Parties; Service ⚫Rule 23 ⚫Rule 25
The motion shall state: Thereof. — Under the same conditions specified in Section ⚫There is deposition ⚫No deposition
1 of Rule 23, any party desiring to elicit material and
relevant facts from any adverse parties shall file and serve officer officer
upon the latter written interrogatories to be answered by ⚫Questions are ⚫Directed to parties
(a) the names and addresses of the party served or, if the party served is a public or private
the persons to be examined corporation or a partnership or association, by any officer prepared beforehand ⚫Not applicable to
(b) the reason for thereof competent to testify in its behalf.
and the substance of the
perpetuating their testimony. ⚫Party or not may be stranger
testimony which he expects to ⚫ N.B. Written interrogatories are directed to adverse party,
elicit from each; and not to strangers. taken
 20 Feb 2023

Effect of failure to serve written Rule 26

Scope and use of interrogatories
interrogatories Admission by adverse party
⚫SECTION 5. Scope and Use of ⚫SECTION 6. Effect of Failure to Serve ⚫ SECTION 1. Request for Admission. — At any time
Interrogatories. — Interrogatories Written Interrogatories. — Unless after issues have been joined, a party may file and
serve upon any other party a written request for the
may relate to any matters that can be thereafter allowed by the court for good cause admission by the latter of the genuineness of any material
inquired into under Section 2 of Rule shown and to prevent a failure of justice, a and relevant document described in and exhibited with
party not served with written the request or of the truth of any material and relevant
23, and the answers may be used for the
interrogatories may not be compelled matter of fact set forth in the request. Copies of the
same purposes provided in Section 4 of by the adverse party to give testimony in documents shall be delivered with the request unless
the same Rule. open court, or to give a deposition pending copies have already been furnished.
appeal.

Implied admission Objection to admission Effect of admission

⚫ SECTION 2. Implied Admission. — Each of the matters of
⚫Objections to any request for admission shall be
which an admission is requested shall be deemed admitted ⚫SECTION 3. Effect of Admission. — Any
unless, within a period designated in the request, which shall submitted to the court by the party requested
not be less than fifteen (15) days after service thereof, or within within the period for and prior to the filing of his admission made by a party pursuant to such
such further time as the court may allow on motion, the party sworn statement as contemplated in the preceding request is for the purpose of the pending
to whom the request is directed files and serves upon the party
requesting the admission a sworn statement either denying
paragraph and his compliance therewith shall be action only and shall not constitute an
specifically the matters of which an admission is requested or deferred until such objections are resolved, which admission by him for any other purpose nor
setting forth in detail the reasons why he cannot truthfully resolution shall be made as early as practicable may the same be used against him in any
either admit or deny those matters. (Sec. 2, Rule 26).
other proceeding.
 20 Feb 2023

If the actionable document is already denied If the request is addressed to the lawyer of the
Effect of failure to file and serve request under oath, it need not be subject of request adverse party and the latter did not answer the
⚫SECTION 5. Effect of Failure to File and for admission. request, would it have the effect of admitting
Serve Request for Admission. — Unless the matters subject of the request?
otherwise allowed by the court for good cause ⚫Po vs. CA, 164 SCRA 668
shown and to prevent a failure of justice, a party ⚫A party should not be compelled to admit ⚫ No. The SC held that request for admission must be
who fails to file and serve a request for admission served directly upon the party requested. Otherwise,
matters of fact already admitted by his that party cannot be deemed to have admitted the
on the adverse party of material and relevant facts pleading and concerning which there is no genuineness of any relevant matters of the fact set forth
at issue which are, or ought to be, within the
issue, nor should he be required to make a therein on account of the failure to answer the request
personal knowledge of the latter, shall not be for admission (Lanada vs. CA, GR. No. 102390,
permitted to present evidence on such facts.
second denial of those already denied in his
February 1, 2002).
answer to the complaint.

Rule 27 Distinguish Rule 27 from Subpoena Duces

Production or Inspection of documents Tecum Cases
⚫ There is a need to show good cause for production or ⚫ Chan vs. Chan, July 24, 2013
⚫ Motion for production or inspection inspection of documents while good cause is not ⚫ If sought to be examined is a record regarding the drug
required in subpoena duces tecum. rehabilitation of a party, then such matter cannot be the
⚫ To produce and permit the inspection and copying or subject of an order for examination of documents because it
⚫ An order for production or inspection of documents can is a matter of privilege.
photographing, by or on behalf of the moving party, of any only be directed to a party while subpoena duces tecum ⚫ Insigne vs. Abra Valley Colleges, July 29, 2015
designated documents, papers, books, accounts, letters, may be directed to a non-party. ⚫ In a complaint for inspection of corporate books, the plaintiff
photographs, objects or tangible things, not privileged, which ⚫ An order for production or inspection of documents is a can file for a motion for production/inspection of documents
constitute or contain evidence material to any matter pre-trial device to obtain fact to prepare for trial while to compel the defendant to produce the stock-and-transfer
involved in the action and which are in his possession, book, even if the latter interpose the defense that plaintiff is
subpoena duces tecum is a process used during trial not a stockholder.
custody or control (Sec. 1, Rule 27); proper.
 20 Feb 2023

Rule 28 What is the effect if the party refused to be What is the effect if the party examined requests and
Physical or Mental Examination examined? obtains a report of the examination so ordered or take
the deposition of the examiner?
⚫ Section 1. When examination may be ordered. ⚫The requesting party may request from the Court
⚫ N.B. In an action in which the mental or physical condition an Order that the designated facts subject of the ⚫ SECTION 4. Waiver of Privilege. — By requesting
of a party is in controversy. request shall be deemed established (Sec. 3(a), and obtaining a report of the examination so ordered or
⚫ Examples: Rule 29). by taking the deposition of the examiner, the party
◦ Action for annulment of contract on the ground of examined waives any privilege he may have in that action
insanity ⚫BUT: or any other involving the same controversy, regarding
◦ Petition for guardianship of a person alleged to be insane ⚫The party sought to be examined cannot be the testimony of every other person who has examined
◦ Action to recover damages for personal injury where the or may thereafter examine him in respect of the same
arrested, even if he refused the follow the order
issue is the extent of the injuries of the plaintiff mental or physical examination (Rule 28).
of the court (Sec. 3(d), Rule 29).

What if the party examined refused to deliver the Other consequences of refusal to answer question
Rule 29 during deposition, or order production or inspection of
report or the physician fails to make such report,
what is the remedy of the requesting party?
Refusal to Comply with Modes of Discovery documents or things under Rule 27 or refused to
submit himself for examination under Rule 28
⚫ SECTION 1. Refusal to Answer. — x x x x x The
⚫If the party examined refuses to deliver such proponent may thereafter apply to the proper court of the ⚫ An order that the matters regarding which the questions
report, the court on motion and notice may place where the deposition is being taken, for an order to were asked, or the character or description of the thing
make an order requiring delivery on such terms compel an answer. The same procedure may be availed of or land, or the contents of the paper, or the physical or
when a party or a witness refuses to answer any mental condition of the party, or any other designated
as are just, and if a physician fails or refuses to interrogatory submitted under Rules 23 or 25. facts shall be taken to be established for the
make such a report the court may exclude his ⚫ NOTE: purposes of the action in accordance with the
testimony if offered at the trial (Sec. 3e, Rule ⚫ This is applicable in taking of deposition under Rule 23 and claim of the party obtaining the order (Sec. 3(a),
28). 25 Rule 29).
 20 Feb 2023

Other consequences of refusal to answer question Other consequences of refusal to answer question Other consequences of refusal to answer question
during deposition, or order production or inspection of during deposition, or order production or inspection of during deposition, or order production or inspection of
documents or things under Rule 27 or refused to documents or things under Rule 27 or refused to documents or things under Rule 27 or refused to
submit himself for examination under Rule 28 submit himself for examination under Rule 28 submit himself for examination under Rule 28
⚫An order refusing to allow the disobedient party ⚫ An order striking out pleadings or parts thereof, or staying
⚫In lieu of any of the foregoing orders or in
to support or oppose designated claims or further proceedings until the order is obeyed, or dismissing
the action or proceeding or any part thereof, or rendering a addition thereto, an order directing the arrest
defenses or prohibiting him from introducing in judgment by default against the disobedient party (Sec. 3(c), of any party or agent of a party for disobeying
evidence designated documents or things or items Rule 29). any of such orders except an order to submit
of testimony, or from introducing evidence of ⚫ Please take NOTE:
to a physical or mental examination. (Sec.
physical or mental condition (Sec. 3(b), Rule ⚫ This remedy is available in case of failure of the party to
29). attend in deposition taking or failed to serve answers to
3(d), Rule 29).
written interrogatories under Rule 25 (Sec. 5, Rule).

RULE 30 RULE 30
TRIAL TRIAL
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
Section 1. Notice of Trial. — Upon Section 1. Schedule of trial. — The
entry of a case in the trial calendar, the parties shall strictly observe the i. The initial presentation of plaintiff’s
clerk shall notify the parties of the date scheduled hearings as agreed upon evidence shall be set not later than
of its trial in such manner as shall ensure and set forth in the pre-trial order. thirty (30) calendar days after the

TRIAL his receipt of that notice at least five (5)

days before such date. (2a, R22) (a) The schedule of the trial dates,
termination of the pre-trial conference.
Plaintiff shall be allowed to present its
evidence within a period of three (3)
for both plaintiff and defendant, months or ninety (90) calendar days,
shall be continuous and within the which shall include the date of the
following periods: judicial dispute resolution, if necessary;
 20 Feb 2023

RULE 30 RULE 30 RULE 30

TRIAL TRIAL TRIAL
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments

ii. The initial presentation of iii. The period for the presentation of (b) The trial dates may be shortened
evidence on the third (fourth, etc.) – depending on the number of witnesses
defendant’s evidence shall be set
party claim, counterclaim or cross- to be presented, provided that the
not later than thirty (30) calendar
claim shall be determined by the court, presentation of evidence of all parties
days after the court’s ruling on the total of which shall in no case shall be terminated within a period of
plaintiff’s formal offer of evidence. exceed ninety (90) calendar days; and ten (10) months or three hundred
The defendant shall be allowed to (300) calendar days. If there are no
present its evidence within a period iv. If deemed necessary, the court shall third (fourth, etc.)-party claim,
of three (3) months or ninety (90) set the presentation of the parties’ counterclaim or cross-claim, the
calendar days; respective rebuttal evidence, which presentation of evidence shall be
shall be completed within a period of terminated within a period of six (6)
thirty (30) calendar days. months or one hundred eighty (180)
calendar days.

RULE 30 RULE 30 RULE 30

TRIAL Section 1 Section 1
1997 Rules of Civil Procedure 2019 Amendments
⚫ The new Rules adopts the continuous trial system in
⚫ Period to present evidence:
(c) The court shall decide and serve civil cases.
copies of its decision to the parties
⚫ Plaintiff
shall present evidence within a period of three
within a period not exceeding ⚫ Under this system, the parties are enjoined to follow
ninety (90) calendar days from the
strictly the schedule of trials agreed upon in the pre- (3) months or ninety (90) calendar days, which shall
submission of the case for
trial order. include the date of the judicial dispute resolution, if
resolution, with or without
memoranda. (n) necessary;
⚫ The initial presentation of plaintiff’s evidence shall be
⚫ The defendant shall present evidence within a period of
set not later than thirty (30) calendar days after the
termination of the pre-trial conference. three (3) months or ninety (90) calendar days;
 20 Feb 2023

RULE 30 RULE 30 RULE 30

Section 1 Section 1 Section 1

⚫ Period to present evidence: ⚫ Period to present evidence: ⚫ Period to decide the case:
⚫ The period for the presentation of evidence on the third ⚫ The trial dates may be shortened depending on the ⚫ The court shall decide and serve copies of its decision to
(fourth, etc.) – party claim, counterclaim or cross-claim number of witnesses to be presented, provided that
the parties within a period not exceeding ninety (90)
shall be determined by the court, the total of which shall in the presentation of evidence of all parties shall be
terminated within a period of ten (10) months or calendar days from the submission of the case for
no case exceed ninety (90) calendar days; and resolution, with or without memoranda.
three hundred (300) calendar days. If there are no
⚫ If deemed necessary, the court shall set the presentation of
third (fourth, etc.)-party claim, counterclaim or cross-
the parties’ respective rebuttal evidence, which shall be claim, the presentation of evidence shall be terminated
completed within a period of thirty (30) calendar days. within a period of six (6) months or one hundred
eighty (180) calendar days.

RULE 30 RULE 30 RULE 30

Section 1 TRIAL Section 2
1997 Rules of Civil Procedure 2019 Amendments
TRIAL PROCESS Section 2. Adjournments and postponements. — Section 2. Adjournments and postponements. —
A court may adjourn a trial from day to day, and
to any stated time, as the expeditious and
A court may adjourn a trial from day to day, and
to any stated time, as the expeditious and
⚫A party may ask for postponement of trial.
convenient transaction of business may require,
but shall have no power to adjourn a trial for a
convenient transaction of business may require,
but shall have no power to adjourn a trial for a ⚫However, under the new Rules, the party who
Schedule of trial –
Plaintiff’s evidence Defendant’s
30 days from
– 90 days evidence – 90 days
longer period than one month for each
adjournment nor more than three months in all,
longer period than one month for each
adjournment, nor more than three months in all,
caused the postponement is warned that the
termination of PT except when authorized in writing by the Court
Administrator, Supreme Court. (3a, R22)
except when authorized in writing by the Court
Administrator, Supreme Court.
presentation of its evidence must still be
The party who caused the postponement is
terminated on the remaining dates previously
Third party,
warned that the presentation of its evidence
must still be terminated on the remaining
agreed upon.
Decision – within dates previously agreed upon.
counterclaim, Rebuttal evidence –
90 days from (2a)
cross-claim – 90 30 days
submission
days maximum
 20 Feb 2023

RULE 30 RULE 30 RULE 30

TRIAL TRIAL TRIAL
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
Section 3. Requisites of motion to postpone trial [Section 3. Requisites of motion to Section 4. Hearing days and calendar call.
Section 4. Requisites of motion to Section 3. Requisites of motion to — Trial shall be held from Monday to
for absence of evidence. — A motion to postpone trial for absence of evidence. —
postpone trial for illness of party or postpone trial for illness of party or Thursday, and courts shall call the cases at
postpone a trial on the ground of absence of Deleted]
evidence can be granted only upon affidavit
counsel. — A motion to postpone a trial counsel. — A motion to postpone a trial exactly 8:30 a.m. and 2:00 p.m., pursuant to
showing the materiality or relevancy of such on the ground of illness of a party or on the ground of illness of a party or Administrative Circular No. 3-99. Hearing
counsel may be granted if it appears upon counsel may be granted if it appears upon on motions shall be held on Fridays,
evidence, and that due diligence has been used
pursuant to Section 8, Rule 15.
to procure it. But if the adverse party admits affidavit or sworn certification that the affidavit or sworn certification that the
the facts to be given in evidence, even if he presence of such party or counsel at the presence of such party or counsel at the All courts shall ensure the posting of their
objects or reserves the right to object to their trial is indispensable and that the character trial is indispensable and that the character court calendars outside their courtrooms
admissibility, the trial shall not be postponed. of his illness is such as to render his non- of his or her illness is such as to render his at least one (1) day before the scheduled
(4a, R22; Bar Matter No. 803, 21 July 1998) attendance excusable. (5a, R22) or her non-attendance excusable. (4a) hearings, pursuant to OCA Circular
No. 250-2015. (n)

RULE 30 RULE 30 RULE 30

TRIAL TRIAL TRIAL
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
Section 5. Order of trial. — Subject to the Section 5. Order of trial. — Subject to the
provisions of section 2 of Rule 31, and unless the provisions of Section 2 of Rule 31, and unless the (c) The third-party defendant if any, shall adduce (c) The third-party defendant, if any, shall adduce (f) The parties may then respectively adduce (f) The parties may then respectively adduce
court for special reasons otherwise directs, the court for special reasons otherwise directs, the evidence of his defense, counterclaim, cross-claim evidence of his or her defense, counterclaim, rebutting evidence only, unless the court, for rebutting evidence only, unless the court, for
trial shall be limited to the issues stated in the trial shall be limited to the issues stated in the and fourth-party complaint; cross-claim and fourth-party complaint; good reasons and in the furtherance of justice, good reasons and in the furtherance of justice,
pre-trial order and shall proceed as follows: pre-trial order and shall proceed as follows: permits them to adduce evidence upon their permits them to adduce evidence upon their
(d) The fourth-party, and so forth, if any, shall (d) The fourth-party, and so forth, if any, shall
original case; and original case; and
(a) The plaintiff shall adduce evidence in support (a) The plaintiff shall adduce evidence in support adduce evidence of the material facts pleaded by adduce evidence of the material facts pleaded by
of his complaint; of his or her complaint; them; them;
(g) Upon admission of the evidence, the case (g) Upon admission of the evidence, the case
(b) The defendant shall then adduce evidence in (b) The defendant shall then adduce evidence in (e) The parties against whom any counterclaim or (e) The parties against whom any counterclaim or shall be deemed submitted for decision, unless shall be deemed submitted for decision, unless
support of his defense, counterclaim, cross-claim support of his or her defense, counterclaim, cross-claim has been pleaded, shall adduce cross-claim has been pleaded, shall adduce the court directs the parties to argue or to the court directs the parties to argue or to
and third-party complaints; cross-claim and third-party complaint; evidence in support of their defense, in the order evidence in support of their defense, in the order submit their respective memoranda or any submit their respective memoranda or any
to be prescribed by the court; to be prescribed by the court; further pleadings. further pleadings.
 20 Feb 2023

RULE 30 RULE 30 ORDER OF

RULE 30
TRIAL Section 5 TRIAL TRIAL
1997 Rules of Civil Procedure 2019 Amendments
1997 Rules of Civil Procedure 2019 Amendments

Section 6. Oral offer of exhibits. —

If several defendants or third-party If several defendants or third-party Defendant’s
The offer of evidence, the
Plaintiff’s evidence evidence on his Third party
defendants, and so forth, having defendants, and so forth, having on his claim defense, cross-claim defendant
Fourth party, if any comment or objection thereto, and
separate defenses appear by different separate defenses appear by different or counterclaim the court ruling shall be made
counsel, the court shall determine counsel, the court shall determine orally in accordance with Sections
the relative order of presentation of the relative order of presentation of 34 to 40 of Rule 132. (n)
Parties against
their evidence. (1a, R30) their evidence. (5a) whom,
Parties rebuttal Submitted for
counterclaim, cross-
evidence decision
claim has been
pleaded

RULE 30 RULE 30 RULE 30

Section 6 TRIAL TRIAL
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
Section 6. Agreed statement of facts. — The Section 7. Agreed statement of facts. — The

The new Rules requires that

parties to any action may agree, in writing, parties to any action may agree, in writing, Section 7. Statement of judge. — During [Section 7. Statement of judge. —
upon the facts involved in the litigation, and upon the facts involved in the litigation, and the hearing or trial of a case any Deleted]
submit the case for judgment on the facts submit the case for judgment on the facts statement made by the judge with

offer of evidence should be

agreed upon, without the introduction of agreed upon, without the introduction of
reference to the case, or to any of the
evidence. evidence.
parties, witnesses or counsel, shall be
made of record in the stenographic
done ORALLY.
If the parties agree only on some of the facts If the parties agree only on some of the facts
in issue, the trial shall be held as to the in issue, the trial shall be held as to the notes. (3a, R30)
disputed facts in such order as the court shall disputed facts in such order as the court shall
prescribe. (2a, R30) prescribe. (6)
 20 Feb 2023

RULE 30 RULE 30
TRIAL TRIAL
1997 Rules of Civil Procedure 2019 Amendments 1997 Rules of Civil Procedure 2019 Amendments
Section 9. Judge to receive evidence; delegation to Section 9. Judge to receive evidence; delegation to
clerk of court. — The judge of the court where the clerk of court. — The judge of the court where the
Section 8. Suspension of actions. — Section 8. Suspension of actions. — The case is pending shall personally receive the evidence case is pending shall personally receive the evidence
The suspension of actions shall be suspension of actions shall be governed to be adduced by the parties. However, in default to be adduced by the parties. However, in default or
governed by the provisions of the Civil by the provisions of the Civil Code and or ex parte hearings, and in any case where the ex parte hearings, and in any case where the parties

Code. (n) other laws. (8a)

parties agree in writing, the court may delegate the
reception of evidence to its clerk of court who is a
member of the bar. The clerk of court shall have no
agree in writing, the court may delegate the
reception of evidence to its clerk of court who is a
member of the bar. The clerk of court shall have no
DEMURRER TO EVIDENCE
power to rule on objections to any question or to power to rule on objections to any question or to
the admission of exhibits, which objections shall be the admission of exhibits, which objections shall be
resolved by the court upon submission of his report resolved by the court upon submission of his or her
and the transcripts within ten (10) days from report and the transcripts within ten (10) calendar
termination of the hearing. (n) days from termination of the hearing. (9a)

Rule 33
Demurrer to Evidence
Grounds for Demurrer Effect of Denial of Demurrer
⚫On the ground that upon the facts and the
• After the plaintiff has completed the ⚫ Defendant will present evidence.
When is the proper
time to file presentation of his evidence, the law the plaintiff has shown no right to relief
defendant may move for dismissal on the
Demurrer to
Evidence? ground that upon the facts and the law (Sec. 1, Rule 33). ⚫ The denial of demurrer is not a final order; it is an
the plaintiff has shown no right to relief.
⚫This is equivalent to insufficiency of evidence. interlocutory order (Katigbak vs. Sandiganbayan,
404 SCRA 558).
What is the effect if
• If his motion is denied, he shall have the right ⚫Thus, res judicata is a proper ground for
the motion is
denied? How about to present evidence. If the motion is granted
but on appeal the order of dismissal is reversed demurrer (Republic vs. Tuvera, 516
if the motion is
granted but
he shall be deemed to have waived the right to
present evidence.
SCRA 113).
reversed on appeal?
 20 Feb 2023

Effect of Grant of Demurrer Motion to Dismiss vs. Demurrer Civil Demurrer vs. Criminal Demurrer
⚫ The case is dismissed. ⚫ 1. MTD in Rule 16 is made ⚫ 1. It is made after the ⚫ 1. Leave of court is not ⚫ 1. It may be with or without
before answer. plaintiff rests its case. leave of court.
required.
⚫ If the order is reversed in the appellate court, the ⚫ 2. There are several ⚫ 2. If granted, the order is not
⚫ 2. There is only one
defendant loses his right to present evidence. grounds. ⚫ 2. If granted, the order is
ground. appealable.
⚫ 3. If denied, defendant may appealable.
⚫ 3. If denied, the ⚫ 3. If denied, the accused may
⚫ Itis not correct for the appellate court to remand the case file answer.
⚫ 3. If denied, the
defendant will present present evidence if he filed it
for further proceedings. The correct procedure is for the ⚫ 4. When granted, the
evidence. defendant may present with leave of court.
appellate court to render judgment based on the pieces of complaint may be filed
except for, prescription, res ⚫ 4. When granted, it may evidence. ⚫ 4. The Court may dismiss the
evidence presented by the plaintiff (Radiowealth Finance
judicata, or claim is not be re-filed. The ⚫ 4. It cannot be granted
case motu propio (Sec. 23,
Corp. vs. Del Rosario, 335 SCRA 288). extinguished. remedy is appeal. Rule 119).
motu propio.

Judgment Requisites of a Valid Judgment

⚫It is the final ruling by the court of competent ⚫ Court must have jurisdiction over the case
jurisdiction regarding the rights or other matters ⚫ Court must have jurisdiction over the parties and subject
JUDGMENT AND FINAL submitted to it in an action or proceeding matter
(Macahilig vs. Heirs of Gracia M. Magalit, ⚫ Parties must be given an opportunity to adduce evidence
ORDER in their behalf.
344 SCRA 838, 848).
⚫ Evidence must have been considered.
⚫A judgment is the court’s official and final
⚫ In writing personally and directly prepared by the judge,
consideration and determination of the stating clearly and distinctly the facts and the law on
respective rights and obligations of the parties which it is based, signed by him.
 20 Feb 2023

How to resolve the conflict between the

What is judgment upon compromise? What is the doctrine of the law of the case?
body and the dispositive portion
⚫ What ever is once irrevocably established as
⚫ GENERAL RULE: ⚫This is a judgment rendered by the court on the
controlling legal rule or decision between the same
⚫ The dispositive portion of the decision shall prevail.
basis of the a compromise agreement entered parties in the case continues to be the law of the case,
between the parties to the action (Diamond whether correct on general principles or not, so long
⚫ BUT:
Builders Conglomeration vs. Country as the fact on which such decision was predicated
⚫ If the inevitable conclusion from the body of the
Bankers Corp., 540 SCRA 194). continue to be the facts before the court (RCPI vs.
decision is so clear that there was a mere mistake in
⚫Once approved by the court, a judicial compromise CA, 488 SCRA 306; Mercury Group of
the dispositive portion, the body of the decision shall
is not appealable and it thereby becomes Companies vs. HDMF, 541 SCRA 211; Yap vs.
prevail (So vs. Food Fest Land, Inc., 642 SCRA
immediately executory (Domingo vs. CA, 255 Siao, GR No. 212493, June 1, 2016).
592; People vs. Cilot, GR No. 208410, October
19, 2016). SCRA 189).

What is the doctrine of immutability of

judgment?
Please take NOTE: What is judgment nunc pro tunc?
⚫ Under the doctrine of immutability of judgments, a judgment ⚫ The office of a judgment nunc pro tunc is to record
that has attained finality can no longer be disturbed. Thus, As a general rule, therefore, final some act of the court done at a former time which was
issues actually and directly resolved in the former suit cannot and executory judgments are
again be raised in any future case between the same parties not then carried into the record, and the power of a
immutable and unalterable except
(Pinero vs. NLRC, 427 SCRA 112, 117; Borlongan vs. under the three exceptions: court to make such entries is restricted to placing upon
Buenaventura, 483 SCRA 405). the record evidence of judicial action which has been
⚫ The doctrine prohibits any alteration, modification, or nunc pro tunc actually taken. It may be used to make the record speak
correction of final and executory judgments as what remains entries which cause the truth, but not to make it speak what it did not speak
clerical errors; void judgments.
to be done is the purely ministerial enforcement or execution no prejudice to any but ought to have spoken (Briones-Vasquez vs. CA,
of the judgment (Tabalno vs. Dingal, Sr., GR No. party;
191526, October 5, 2015).
450 SCRA 482, 491-492).
 20 Feb 2023

Rule 34
Final Order vs. Interlocutory Order Remedy in Interlocutory Order
Judgment on the Pleadings
⚫ The first disposes of the subject matter in its entirety or terminates a
⚫The proper remedy to question an
particular proceeding or action, leaving nothing more to be done except to ⚫ SECTION 1. Judgment on the Pleadings. —
enforce by execution what the court has determined, but the latter does improvident interlocutory order is a petition Where an answer 1) fails to tender an issue, or
not completely dispose of the case but leaves something else to be decided
upon. for certiorari under Rule 65, not rule 45. otherwise 2) admits the material allegations of
⚫ An interlocutory order deals with preliminary matters and the trial on the
⚫A petition for review under Rule 45 is the the adverse party's pleading, the court may, on
merits is yet to be held and the judgment rendered. The test to ascertain
whether or not an order or a judgment is interlocutory or final is: proper mode of redress to question only final motion of that party, direct judgment on such
does the order or judgment leave something to be done in the pleading. However, in actions for declaration of
trial court with respect to the merits of the case? If it does, the judgments (Silverio, Jr., vs. Filipino nullity or annulment of marriage or for legal
order or judgment is interlocutory; otherwise, it is final.‘ (Spouses
Teves vs. Integrated Credit & Corporate Services, GR No.
Business Consultants, 466 SCRA 584, separation, the material facts alleged in the
216714, April 4, 2018) 594). complaint shall always be proved.

When do we say that an Section 8, Rule 8 Section 10, Rule 8

answer fails to tender an issue? ⚫ SECTION 8. How to Contest Such Documents. — When an ⚫ SECTION 10. Specific Denial. — A defendant must specify
action or defense is founded upon a written instrument, copied in each material allegation of fact the truth of which he does not
or attached to the corresponding pleading as provided in the admit and, whenever practicable, shall set forth the substance
preceding section, the genuineness and due execution of the of the matters upon which he relies to support his denial.
⚫Answer: If it does not comply with the instrument shall be deemed admitted unless the adverse Where a defendant desires to deny only a part of an
party, under oath, specifically denies them, and sets forth
requirements of specific denial under what he claims to be the facts; but the requirement of an
averment, he shall specify so much of it as is true and material
and shall deny only the remainder. Where a defendant is
Sections 8 and 10 of Rule 8. oath does not apply when the adverse party does not appear to
without knowledge or information sufficient to form a belief
be a party to the instrument or when compliance with an order
as to the truth of a material averment made in the complaint,
for an inspection of the original instrument is refused.
he shall so state, and this shall have the effect of a denial.
 20 Feb 2023

Manner of denying an allegation Effect of Defective Denial Problem

⚫A is indebted to B in the amount of Php500,000.00 covered by a
⚫SECTION 11. Allegations Not Specifically
By specifically denying the allegation and setting forth the Promissory Note (PN). The PN is due and demandable on March 1,
substance upon which one relies his denial. Denied Deemed Admitted. 2017. On March 1, 2017, A failed to pay his obligation. B sent a
Demand Letter to A. Despite receipt of the same, A did not pay. B
⚫Material averment in the complaint, other than filed a complaint for sum of money against A. B attached to his
complaint, the Promissory Note executed by A, the demand letter,
By specifically denying some part of the allegation and denying those as to the amount of unliquidated damages, and a letter from A purportedly acknowledging his indebtedness to
the rest.
shall be deemed admitted when not specifically B. A filed an answer denying the material allegation in B’s
denied. Allegations of usury in a complaint to Complaint in a general manner.
By specifically denying the allegation for lack of knowledge ⚫ If you are B’s counsel, what will you do to protect the
sufficient to form a belief as to the truth or falsity of the recover usurious interest are deemed admitted if
interest of your client, B?
allegation. not denied under oath.

Comglasco Corp. vs. Santos Car Check Comglasco Corp. vs. Santos Car Check
Answer Center, GR No. 202989, March 25, 2015 Center, GR No. 202989, March 25, 2015
⚫Iwill file a motion for judgment on the pleadings. By
⚫ Petitioner entered into 5 year lease contract with ⚫As there was no issue of fact, the Court
not specifically denying the material allegation in the
complaint, A impliedly admitted the allegation in the
respondent. Petitioner, after one year, pre-terminated the should grant the motion. By interposing such
contract. Respondent filed answer interposes the defense of
Complaint. 1) rebus sic stantibus under Article 1267 of the civil code defenses, the defendant admitted the material
⚫Material averment in the complaint, other than those invoking the Asian Financial crisis; 2) legal impossibility of allegation in the complaint. Hence, judgment
performance under Article 1266.
as to the amount of unliquidated damages, shall be
⚫ Because of these defenses, the respondent filed a motion for
on the pleading may be availed.
deemed admitted when not specifically denied (Sec. judgment on the pleadings.
11, Rule 8). ⚫ Should the motion be granted?
 20 Feb 2023

RULE 34 RULE 34 Rule 35

JUDGMENT ON THE PLEADINGS Section 2 Summary Judgment
1997 Rules of Civil Procedure 2019 Amendments
Section 2. Action on motion for judgment on the
pleadings. — The court may motu propio or on
⚫The new Rules allows the court to motu When may • It may be availed of when a
motion render judgment on the pleadings if it
apparent that the answer fails to tender an propio render judgment on the pleadings if a motion responsive pleading has been
it apparent that the answer fails to tender for
issue, or otherwise admits the material
allegations of the adverse party’s pleadings. filed, however, the same did
Otherwise, the motion shall be subject to the
not establish a genuine
[NONE] provisions of Rule 15 of these Rules.
an issue, or otherwise admits the material summary issue.
allegations of the adverse party’s pleadings. judgment
Any action of the court on a motion for
judgment on the pleadings shall not be subject
of an appeal or petition for certiorari,
• What triggers a summary
prohibition or mandamus (n)
⚫If it is by motion from the party, then the be availed judgment is the absence of
genuine issue of fact.
procedure in Rule 15 shall apply. of?

Issues are joined Problem Answer

⚫Issues are joined because the responsive ⚫A is indebted to B in the amount of Php500,000.00 covered by a ⚫I will file a motion for summary judgment because
pleading is filed. However, the allegations Promissory Note (PN). The PN is due and demandable on March there is no genuine issue.
1, 2017. On March 1, 2017, A failed to pay his obligation. B sent
in the responsive pleading do not establish a Demand Letter to A. Despite receipt of the same, A did not ⚫“A "genuine issue" is an issue of fact which requires
the presentation of evidence as distinguished from a
a real and genuine factual issue, because, pay. B filed a complaint for sum of money against A. In B
attached to his complaint, the Promissory Note executed by A, sham, fictitious, contrived or false claim. When the
for one, the issue tendered is sham, and the demand letter. A denied the allegations in B’s Complaint. facts as pleaded appear uncontested or undisputed,
A further alleged in his answer that B already condoned his debt. then there is no real or genuine issue or question as
fictitious, and patently unsubstantial. However, said allegation is totally false.
to the facts, and summary judgment is called for
⚫ What procedural action will you advice B to take to
(Yap vs. Siao, GR No. 212493, June 1, 2016).
expedite the resolution of the case?
 20 Feb 2023

Who may file a motion for summary RULE 35

Please take NOTE: judgment? SUMMARY JUDGMENT
1997 Rules of Civil Procedure 2019 Amendments

⚫ The party who moves for summary judgment has ⚫ SECTION 1. Summary Judgment for Claimant. — A Section 3. Motion and proceedings thereon. — Section 3. Motion and proceedings thereon. —
the burden of demonstrating clearly the absence of party seeking to recover upon a claim, counterclaim, or The motion shall be served at least ten (10) days The motion shall cite the supporting

any genuine issue of fact, or that the issue posed in cross-claim or to obtain a declaratory relief may, at any time before the time specified for the hearing. The affidavits, depositions or admissions, and
adverse party may serve opposing affidavits, the specific law relied upon. The adverse
after the pleading in answer thereto has been served, move with
the complaint is patently unsubstantial so as not to supporting affidavits, depositions or admissions for a summary
depositions, or admissions at least three (3) days
before the hearing. After the hearing, the
party may file a comment and serve
opposing affidavits, depositions, or
constitute a genuine issue for trial. Trial courts have judgment in his favor upon all or any part thereof. judgment sought shall be rendered forthwith if admissions within a non-extendible period
the pleadings, supporting affidavits, depositions, of five (5) calendar days from receipt of the
limited authority to render summary judgments and may do ⚫ SECTION 2. Summary Judgment for Defending Party. — and admissions on file, show that, except as to motion. Unless the court orders the
so only when there is clearly no genuine issue as to any A party against whom a claim, counterclaim, or cross-claim is the amount of damages, there is no genuine issue conduct of a hearing, judgment sought shall be
as to any material fact and that the moving party rendered forthwith if the pleadings, supporting
material fact. When the facts as pleaded by the parties are asserted or a declaratory relief is sought may, at any time, move is entitled to a judgment as a matter of law. (3a, affidavits, depositions, and admissions on file,
with supporting affidavits depositions or admissions for a R34) show that, except as to the amount of damages,
disputed or contested, proceedings for summary judgment summary judgment in his favor as to all or any part thereof. there is no genuine issue as to any material fact
cannot take the place of trial. and that the moving

RULE 35 RULE 35 RULE 35

SUMMARY JUDGMENT Section 3 Section 3
⚫ The new Rules specifies that the motion for summary ⚫ PLEASE TAKE NOTE:
1997 Rules of Civil Procedure 2019 Amendments

party is entitled to a judgment as a matter of law. judgment must be accompanied by supporting affidavits,
Any action of the court on a motion for depositions or admissions, and the specific law relied ⚫ Any action of the court on a motion for summary
summary judgment shall not be subject of
appeal or petition for certiorari, prohibition upon. judgment shall not be subject of appeal or petition for
or mandamus.
⚫ The adverse party may file a comment and serve certiorari, prohibition or mandamus.
opposing affidavits, depositions, or admissions within a
non-extendible period of five (5) calendar days from
receipt of the motion.
⚫ Hearing is optional to the court
 20 Feb 2023

Judgment on the Pleadings vs. Summary

Judgment
Post Judgment Remedies

⚫ Answers tenders an
Before the Motion for new trial
⚫ There is absence of
issue, but the issue is not Judgment
factual issue because Motion for reconsideration
the answer tenders no genuine. becomes
issue. final
POST JUDGMENT REMEDIES
⚫ The motion may be filed Appeal
⚫ Only the claiming party by the claiming party or
defending party.
can file the motion. After the Petition for relief from judgment
⚫ It is based on pleadings
⚫ It is based on pleadings, judgment Annulment of judgment
alone. affidavits, depositions became
and admissions. Certiorari
⚫ Only three (3) day notice final
⚫ Ten (10) day notice is
is required. Collateral attack
required.

Rule 37 When to file? Fraud

New Trial
⚫It is filed within a period for taking an appeal (Sec. 1, ⚫The fraud referred to in Section 1, Rule 37 is
⚫ GROUNDS
Rule 37). extrinsic fraud, that is, deception or trickery by
⚫ Fraud, accident, mistake or excusable negligence ⚫Where appeal is by notice of appeal, within 15 days which the aggrieved party was prevented from
which ordinary prudence could not have guarded against and from notice of judgment or final order (Sec. 2, Rule having his day in court or presenting his case before
by reason of which such aggrieved party has probably been 40; Sec. 3, Rule 41). the court. It should be distinguished from intrinsic
impaired in his rights; or
⚫Where record on appeal is required, within 30 days fraud which involves the presentation of false or
⚫ Newly discovered evidence, which he could not, with
from notice of judgment or order (Sec. 2, Rule 40; perjured testimony but did not otherwise prevent
reasonable diligence, have discovered, and produced at the
trial, and which if presented would probably alter the result. Sec. 3, Rule 41). the aggrieved party from presenting his case.
 20 Feb 2023

Example of Extrinsic Fraud Accident Mistake

⚫When a party connived with the court personnel ⚫Accident is similar to the concept ⚫Ifa party, because of a pending compromise
so that notices of trial dates were sent to the old agreement believed in good faith that it was
address of the aggrieved party’s counsel although of fortuitous event in civil law. It is
not necessary for him to answer, appear at
a notice of change of address was filed already. something which ordinary prudence the trial and put up a defense, there is a
⚫The aggrieved party’s lawyer betrays him and on the part of party or counsel mistake which would constitute a sufficient
sells out his case to the other side.
could not have guarded. ground for new trial (Salazar vs. Salazar, 8
⚫The judge is bribed by the adverse party to Phil. 853).
render a decision in his favour.

Please take NOTE: NOTE the exception: Newly discovered evidence, Requisites:
⚫ An error or mistake committed by a counsel in ⚫An exception to the principle that a client is ⚫ Evidence must be discovered after trial.
the course of judicial proceedings is not a ground bound by the mistakes of his counsel is one ⚫ Such evidence could not have been produced
for new trial. wherein the negligence of the latter is so during trial even with exercise of reasonable
⚫ It has been repeatedly enunciated that "a client is bound gross that the former was deprived of his day diligence
by the action of his counsel in the conduct of a case and
in court, as a result of which he is deprived of ⚫ Evidence is material not merely cumulative,
cannot be heard to complain that the result might have corroborative or impeaching
been different if he proceeded differently. A client is
property without due process of law (Amil
bound by the mistakes of his lawyer (Briones vs. vs. CA, GR No. 125271, October 7, ⚫ The evidence would have change the result of the
case [Ybiernas vs. Tanco-Gobaldon, June 1,
People, GR No. 156000, June 5, 2009). 1999)
2011].
 20 Feb 2023

Formalities of Motion for New Trial Effect of filing on period to appeal What is the remedy if the motion is
denied?
⚫A motion for the cause mentioned in paragraph (a) [FAME]
of the preceding section shall be supported by affidavits of ⚫SECTION 9. Remedy Against Order
merits which may be rebutted by affidavits. The filing of the Denying a Motion for New Trial or
⚫A motion for the cause mentioned in paragraph (b) Motion for New Reconsideration. — An order denying a
[NEWLY DISCOVERED EVIDENCE] shall be
supported by affidavits of the witnesses by whom such Trial interrupts the motion for new trial or reconsideration is
not appealable, the remedy being an appeal
evidence is expected to be given, or by duly authenticated
documents which are proposed to be introduced in
period to appeal. from the judgment or final order.
evidence.

May motion for new trial be filed in the

“Fresh Period” or “Neypes Rule” Motion for Reconsideration
CA?
⚫ Ifthe motion is denied, the movant has a “fresh period” of fifteen ⚫ YES.
⚫Within the same period, the aggrieved party
(15) days from receipt of the notice of the order denying or
dismissing the motion for reconsideration within which to file the ⚫ SECTION 1. Period for Filing; Ground. — At any time may also move for reconsideration upon the
notice of appeal. after the appeal from the lower court has been perfected
and before the Court of Appeals loses jurisdiction over the
grounds that the damages awarded are
⚫ The “fresh period” rule applies not only in Rule 41 (RTC-CA),
case, a party may file a motion for a new trial on the ground of excessive, that the evidence is insufficient to
but also in Rule 40 (MTC-RTC), Rule 42 (Petrev, RTC-CA),
newly discovered evidence which could not have been justify the decision or final order, or that the
discovered prior to the trial in the court below by the exercise of
Rule 43 (Petrev, QJA-CA), and Rule 45 (RTC, CA-SC). decision or final order is contrary to law
due diligence and which is of such a character as would probably
⚫ This was adopted to standardize the appeal period.
change the result. The motion shall be accompanied by affidavits (Sec. 1, Rule 37).
showing the facts constituting the grounds therefor and the newly
⚫ Neypes vs. Court of Appeals, 469 SCRA 633 discovered evidence (Rule 53).
 20 Feb 2023

When to file? Effect of filing on period to appeal Grounds for MR

⚫It is filed within a period for taking an appeal (Sec. 1,
Damages awarded
Rule 37).
⚫Where appeal is by notice of appeal, within 15 days
The filing of the are excessive

from notice of judgment or final order (Sec. 2, Rule Motion for New Evidence is
40; Sec. 3, Rule 41).
⚫Where record on appeal is required, within 30 days
Reconsideration insufficient to
justify the decision
from notice of judgment or order (Sec. 2, Rule 40; interrupts the Decision or final
Sec. 3, Rule 41).
period to appeal. order is contrary
to law

Contents of MR Effect of failure to conform to formalities What is the remedy if the motion is
denied?
⚫A motion for reconsideration shall point out
specifically the findings or conclusions of the 9. Remedy Against Order
• A pro forma motion ⚫SECTION
judgment or final order which are not
supported by the evidence or which are
Section for new trial shall Denying a Motion for New Trial or
Reconsideration. — An order denying a
contrary to law, making express reference to 2, Rule not toll the motion for new trial or reconsideration is
the testimonial or documentary evidence or to 37 reglementary period not appealable, the remedy being an appeal
the provisions of law alleged to be contrary to of appeal. from the judgment or final order.
such findings or conclusions (Sec. 2, Rule 37).
 20 Feb 2023

“Fresh Period” or “Neypes Rule” Where new trial/MR is not allowed Appeal
⚫ Ifthe motion is denied, the movant has a “fresh period” of fifteen
(15) days from receipt of the notice of the order denying or
Cases covered by Rules on Summary
dismissing the motion for reconsideration within which to file the Procedure What may • Judgment
notice of appeal. be
Case covered by the Rules on Small Claims appealed? • Final order
⚫ The “fresh period” rule applies not only in Rule 41 (RTC-CA),
but also in Rule 40 (MTC-RTC), Rule 42 (Petrev, RTC-CA),
Rule 43 (Petrev, QJA-CA), and Rule 45 (RTC, CA-SC).
In environmental cases, except in highly
• Final
⚫ This was adopted to standardize the appeal period. Order
meritorious cases or to prevent miscarriage of • Interlocutory
⚫ Neypes vs. Court of Appeals, 469 SCRA 633 justice

Judgments or Order
Rule 41, Sec. 1
not Appealable
Please take NOTE: Judgments or Orders not appealable:

⚫ (a) An order denying a petition for relief or any similar motion seeking ⚫As of December 27, 2007, an aggrieved party
relief from judgment;
may no longer assail an order denying a motion ⚫REMEDY:
⚫ (b) An interlocutory order;
⚫ (c) An order disallowing or dismissing an appeal; for new trial or motion for reconsideration by ⚫Section 1, Rule 41
⚫ (d) An order denying a motion to set aside a judgment by consent,
confession or compromise on the ground of fraud, mistake or duress, way of Rule 65, as per A.M. No. 07-7-12-SC, ⚫In all the above instances where the
or any other ground vitiating consent;
⚫ (e) An order of execution;
such ground having been removed from the judgment or final order is not appealable,
⚫ (f) A judgment or final order for or against one or more of several enumeration in Sec. 1 of Rule 41. The proper the aggrieved party may file an appropriate
parties or in separate claims, counterclaims, cross-claims and
third-party complaints, while the main case is pending, unless the remedy is to appeal from the judgment special civil action under Rule 65.
court allows an appeal therefrom; and
⚫ (g) An order dismissing an action without prejudice.
pursuant to Sec. 9, Rule 37.
 20 Feb 2023

Rule 40
Rule Rule
41 &
Rule Rule
Appeal from MTC to RTC
How to appeal
40 43 45
42
MTC, Where to appeal ⚫ The appeal is taken by filing a notice of appeal with the
MCTC, RTC-SC; court that rendered the judgment or final order appealed
RTC to • An appeal from a judgment or final order of a Municipal Trial
MTCC, QJA-CA CA to SC from. The notice of appeal shall indicate the parties to the
CA Court may be taken to the Regional Trial Court exercising
METC to appeal, the judgment or final order or part thereof
RTC jurisdiction over the area to which the former pertains. (Section
1) appealed from, and state the material dates showing the
When to appeal timeliness of the appeal.
Petition for Pure question
Ordinary Ordinary
of law
appeal appeal Review • An appeal may be taken within fifteen (15) days after notice to the ⚫ A record on appeal shall be required only in special
appellant of the judgment or final order appealed from. Where a proceedings and in other cases of multiple or separate
record on appeal is required, the appellant shall file a notice of
In the exercise
appeal and a record on appeal within thirty (30) days after notice appeals (Sec. 3, Rule 40).
of its appellate
jurisdiction of the judgment or final order. (Section 2).

How to perfect an appeal Section 9, Rule 41 Effect of perfection of an appeal

⚫A party's appeal by notice of appeal is ⚫ In appeals by notice of appeal, the court loses
⚫SECTION 4. Perfection of deemed perfected as to him upon the filing of jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the time
Appeal; Effect Thereof. — The the notice of appeal in due time. to appeal of the other parties.
perfection of the appeal and the effect ⚫A party's appeal by record on appeal is ⚫ In appeals by record on appeal, the court loses
thereof shall be governed by the deemed perfected as to him with respect to jurisdiction only over the subject matter thereof upon
the approval of the records on appeal filed in due time
provisions of Section 9, Rule 41. the subject matter thereof upon the approval
and the expiration of the time to appeal of the other
of the record on appeal filed in due time. parties (Sec. 9, Rule 41).
 20 Feb 2023

Court’s Residual Jurisdiction Appeal from Orders Dismissing Case

Procedure in RTC in appeal from MTC
Without Trial; Lack of Jurisdiction
⚫Prior to the transmittal of the original record or the
⚫ If an appeal is taken from an order of the lower court
record on appeal, the court may issue orders for the dismissing the case without a trial on the merits, the
protection and preservation of the rights of the Regional Trial Court may affirm or reverse it, as the case
parties which do not involve any matter litigated by
Within 15 days from
receipt, appellant shall may be.
Notify the parties upon file appellant’s
the appeal, approve compromises, permit appeals of receipt of the complete memorandum. Appellee Submitted for decision. ⚫ In case of affirmance and the ground of dismissal is lack of
records from MTC from receipt thereof shall jurisdiction over the subject matter, the Regional Trial
indigent litigants, order execution pending appeal in file within 15 days,
Appellee’s memorandum. Court, if it has jurisdiction thereover, shall try the case on
accordance with Section 2 of Rule 39, and allow the merits as if the case was originally filed with it. In
withdrawal of the appeal (Sec. 9, Rule 41). case of reversal, the case shall be remanded for further
proceedings (Sec. 8, Rule 40).

Appeal from Orders Dismissing Case Rule 41

Modes of Appeal
Without Trial; Lack of Jurisdiction Appeal from RTC
⚫ Ifthe case was tried on the merits by the lower court ⚫ Ordinary Appeal.
Modes of appeal
without jurisdiction over the subject matter, the (Sec. 2)
Regional Trial Court on appeal shall not dismiss ⚫ The appeal to the Court of Appeals in cases decided by
the Regional Trial Court in the exercise of its original
the case if it has original jurisdiction thereof, but Ordinary
Rule 41
jurisdiction shall be taken by filing a notice of appeal with
shall decide the case in accordance with the preceding appeal the court which rendered the judgment or final order
section, without prejudice to the admission of amended appealed from and serving a copy thereof upon the
Petition for adverse party. No record on appeal shall be required
pleadings and additional evidence in the interest of justice. Rule 42 except in special proceedings and other cases of multiple
review
(Sec. 8, Rule 40). or separate appeals where the law or these Rules so
require. In such cases, the record on appeal shall be filed
Appeal by and served in like manner (Sec. 2(a), Rule 41).
Rule 45
certiorari
 20 Feb 2023

Modes of Appeal Modes of Appeal Problem

⚫Petition for Review. ⚫Appeal by certiorari ⚫ Carlito
filed an unlawful detainer case against Matilde with
the Municipal Trial Court. After due proceedings, the
MTC rendered a decision in favor of Matilde. Carlito
⚫The appeal to the Court of Appeals in cases ⚫In all cases where only questions of law are
appealed the decision to the RTC by notice of appeal. The
decided by the Regional Trial Court in the raised or involved, the appeal shall be to the RTC rendered a decision in favor of Carlito.
exercise of its appellate jurisdiction shall be Supreme Court by petition for review on
by petition for review in accordance with certiorari in accordance with Rule 45..(Sec. ⚫ Matilde
wants to appeal the decision of the RTC.
Rule 42.(Sec. 2(b), Rule 41). 2(b), Rule 41). Where will he file his appeal? And under what
mode?

Answer When to appeal Payment of appeal fee

⚫The appeal to the Court of Appeals in ⚫The appeal shall be taken within fifteen (15)
days from notice of the judgment or final ⚫Within the period for taking an appeal,
cases decided by the Regional Trial
order appealed from. the appellant shall pay to the clerk of
Court in the exercise of its appellate
⚫Where a record on appeal is required, the the court which rendered the judgment
jurisdiction shall be by petition for or final order appealed from, the full
appellant shall file a notice of appeal and a
review in accordance with Rule 42.(Sec. amount of the appellate court docket
record on appeal within thirty (30) days
2(b), Rule 41). from notice of the judgment or final order and other lawful fees. (Section 4, Rule
(Sec. 3, Rule 41). 41)
 20 Feb 2023

Is payment of appeal fee within the period for appeal

mandatory? When is appeal perfected? Problem
⚫ The Court has consistently upheld the dismissal of an appeal or notice of ⚫ Marina filed a case against Marino before the RTC. The RTC
appeal for failure to pay the full docket fees within the period for taking the ⚫A party's appeal by notice of appeal is deemed perfected as to him upon decided in favor of Marina. Marino received the copy the decision
appeal. Time and again, this Court has consistently held that the payment the filing of the notice of appeal in due time. on July 2. While Marina received the copy of the decision on August
of docket fees within the prescribed period is mandatory for the perfection ⚫ A party's appeal by record on appeal is deemed perfected as to him with 2. On July 10, Marino filed a notice of appeal and paid the
of the appeal. Without such payment, the appellate court does not acquire respect to the subject matter thereof upon the approval of the record
jurisdiction over the subject matter of the court does not acquire
corresponding appeal fee before the RTC.
on appeal filed in due time.
jurisdiction over the subject matter of the action and the decision sought ⚫ Does the RTC lose jurisdiction on July 10, the date when
to be appealed from becomes final and executory. ⚫ In appeals by notice of appeal, the court loses jurisdiction over the
Marino filed his notice of appeal?
case upon the perfection of the appeals filed in due time and the
⚫ Fil-Estate Properties vs. Homena-Valencia October 15. 2007, ⚫ If not, when will the Court lose its jurisdiction?
citing Manalili v. De Leon, 422 Phil. 214, 220 (2001); St. Louis University v. expiration of the time to appeal of the other parties.
Cordero, G.R. No. 144118, 21 July 2004, 434 SCRA 575, 583. ⚫ In appeals by record on appeal, the court loses jurisdiction only over the ⚫ If the RTC jurisdiction is already lost, can it still entertain
subject matter thereof upon the approval of the records on appeal filed any motion from the parties?
in due time and the expiration of the time to appeal of the other parties.
⚫ Section 9, Rule 41.

Rule 42
Concept of Residual Jurisdiction
Petition for Review from RTC
Problem
⚫ Marina filed a Petition for Certiorari before RTC to
⚫ The court may issue orders for the protection and
preservation of the rights of the parties which do not How appeal assail the Order of the MTC quashing the Information.
Period to file The RTC dismissed the Petition. Marina received the
involve any matter litigated by the appeal, 1. approve taken decision on July 2. On July 10, Marina filed a Petition for
compromises, 2. permit appeals of indigent
Section 1 Review before the CA with payment of the
litigants, 3. order execution pending appeal in
corresponding docket fee therein.
accordance with Section 2 of Rule 39, and 4. allow By filing a verified
withdrawal of the appeal. petition for review with The petition shall be ⚫ Is the mode of appeal availed by Marina proper?
CA and payment of filed and served within
⚫ This prior to the transmittal of the records. corresponding fee, fifteen (15) days from ⚫ Assuming that it is improper, may the Petition
copy furnished the RTC notice of the decision. for Review be treated as a notice of appeal?
⚫ Section 9, Rule 41. and the adverse party.
 20 Feb 2023

Answer 1 Answer 2 When is appeal perfected under Rule 42?

⚫ No. The proper remedy should be appeal. ⚫ Itcannot be treated as notice of appeal.
⚫ It is fundamental that a petition for certiorari is an ⚫ For one, a notice of appeal is filed with the regional trial
original action and, as such, it cannot be gainsaid that court that rendered the assailed decision, judgment or final ⚫Upon the timely filing of a petition for
the RTC took cognizance of and resolved the aforesaid order, while a petition for review is filed with the CA. review and the payment of the
petition in the exercise of its original jurisdiction. Also, a notice of appeal is required when the RTC issues a
decision, judgment or final order in the exercise of its corresponding docket and other lawful
Hence, based on the above-cited rule, Marina should
have filed a notice of appeal with the RTC instead of a original jurisdiction, while a petition for review is required fees, the appeal is deemed perfected as
when such issuance was in the exercise of its appellate
petition for review with the CA (Yalong vs. People,
jurisdiction.(Yalong vs. People, GR 187174, August to the petitioner (Sec. 8, Rule 42).
GR 187174, August 28, 2013). 28, 2013).

When will the court lose jurisdiction in Residual Jurisdiction applies Will the filing of Petition stay the
Rule 42? ⚫ The Regional Trial Court loses jurisdiction over the case judgment or order appealed from?
upon the perfection of the appeals filed in due time and the
expiration of the time to appeal of the other parties. ⚫Yes.
⚫The Regional Trial Court loses ⚫ However, before the Court of Appeals gives due course to
jurisdiction over the case upon the the petition, the Regional Trial Court may issue orders for ⚫Except in civil cases decided under the Rule on
perfection of the appeals filed in due the protection and preservation of the rights of the parties Summary Procedure, the appeal shall not stay the
which do not involve any matter litigated by the appeal,
time and the expiration of the time to approve compromises, permit appeals of indigent
judgment or final order unless the Court of
appeal of the other parties (Sec. 8, litigants, order execution pending appeal in Appeals, the law, or these Rules shall provide
Rule 42). accordance with Section 2 of Rule 39, and allow otherwise (Sec. 8(b), Rule 42).
withdrawal of the appeal. (Section 8, Rule 42).
 20 Feb 2023

Rule 45 Questions of law vs. Questions Factual-issue-bar Rule

Appeal by Certiorari of fact ⚫Petitionfor review under Rule 45 is discretionary.
It may only be availed if the appeal is on pure
Where • May file with the Supreme Court a verified
petition for review on certiorari. The There is
There is
question of fact
question of law. Thus, question of fact is not
allowed to be raised because the Supreme Court is
to file?
petition shall raise only questions of law
question of law when doubt
which must be distinctly set forth. (Sec. 1) not a trier of facts. Consequently, calibration of
when there is
arises as to the evidence, as a rule may not be entertained by the
doubt as to what
truth or falsity of Supreme Court.
When • The petition shall be filed within fifteen
(15) days from notice. Subject to
law is on certain
state of facts. the alleged ⚫(Roman Catholic Archbishop of Manila vs.
facts.
to file?
extension of 30 days upon payment of
corresponding docket fee. (Sec. 2) Sta. Teresa, November 18, 2013)

Instances when SC may pass upon questions of fact Instances when SC may pass upon questions Rule 43
of fact Appeal from QJA
⚫The conclusions of CA is grounded entirely
⚫The CA went beyond the issues of the case or its
on speculations, surmises and conjectures judgment is contrary to the admission of the
Scope • Quasi Judicial Agencies’ decision in the
exercise of its quasi-judicial function (Sec. 1)

⚫The inference is manifestly mistaken parties • 15 days from notice of decision or order
Period appealed from. (Sec. 1)
⚫There is grave abuse of discretion ⚫The findings of CA is contrary to lower court
⚫Judgment is based on misapprehension of ⚫Finding of fact are conclusion without basis inn Where to appeal • Court of Appeals. (Sec. 3)

facts evidence
How appeal taken • By filing a verified petition for review. (Sec. 5)
⚫Findings of fact of CA are premised on the
⚫Findings of facts are conflicting
supposed absence of evidence and contradicted by Effect of filing • Will not stay the execution of decision unless
restrained. (Sec. 12)
evidence on record.
 20 Feb 2023

Remedies after Judgment became final and Rule 38 Period to File

executory Petition for Relief from Judgment ⚫ Section 3, Rule 38
• Judgment A petition provided for in either of the preceding sections of this Rule
Petition for relief from judgment • Final order must be verified, filed within sixty (60) days after the petitioner learns
Subject • Other proceedings (Sec.1) of the judgment, final order, or other proceeding to be set aside, and
(Rule 38) • Order denying the appeal (Sec.2)
not more than six (6) months after such judgment or final order was
entered, or such proceeding was taken.
• Fraud, Accident, Mistake, Excusable
Grounds Two periods
Annulment of Judgment (Rule 47) Negligence (FAME) (Sec. 1 &2)
⚫ 1) Within 60 days after the petitioner learns the judgment, etc.
⚫ 2) Within 6 months after entry.
• Court which rendered the judgment, final
Certiorari (Rule 65) Where to file order, order denying appeal or court which
conducted the proceedings (Sec. 1)

Problem Is petition for relief available Rule 47

in the SC or CA? Annulment of Judgments
⚫ Marina learns the judgment by default on September 1. The
Judgment was entered on January 2. The Petition was filed on ⚫No.
October 1. ⚫Coverage (Sec. 1)
⚫Purcon vs. MRM Philippines, Inc., 566
⚫ Is it filed within the period? ⚫This Rule shall govern the annulment by the
⚫ Marina learns the judgment by default on September 1. The SCRA 645 Court of Appeals of judgments or final orders and
Judgment was entered on May 2. The Petition was filed on October resolutions in civil actions of Regional Trial
1.
⚫ Is it filed within the period?
Courts for which the ordinary remedies of new
⚫ Marina learns the judgment by default on September 1. The
trial, appeal, petition for relief or other
Judgment was entered on July 2. The Petition was filed on appropriate remedies are no longer available
December 1. through no fault of the petitioner.
⚫ Is it filed within the period?
 20 Feb 2023

Grounds Extrinsic fraud Period to File

⚫Section 2, Rule 47 ⚫ Fraud is regarded as extrinsic where it prevents a party
from having a trial or from presenting his entire case to ⚫ If based on extrinsic fraud, the
⚫Extrinsicfraud & Lack of jurisdiction the court or where it operates upon matters pertaining
not to the judgment itself but the manner in which it is
action must be filed within four (4)
⚫N.B. Extrinsic fraud shall not be a valid ground if it
was availed of, or could have been availed of, in a procured. The overriding consideration when extrinsic years from its discovery; and if
fraud is alleged is that the fraudulent scheme of the based on lack of jurisdiction, before
motion for new trial or petition for relief.
prevailing party litigant prevented a party from having his
⚫Republic vs “G” Holdings, Inc., 475 SCRA day in court. it is barred by laches or estoppel
608 ⚫ Alaban vs. CA, 470 SCRA 697 (Sec. 3, Rule 47).

Does RTC have jurisdiction to entertain Collateral Attack on Judgment Other Appeals/Reviews
petition for annulment of judgment of MTC?
⚫ Review of decision of NLRC – Rule 65 (St. Martin Funeral
⚫A collateral attack is made when, in another
⚫An action to annul a judgment or final order Homes vs. NLRC)
action to obtain a different relief, an attack on ⚫ Review of decision of VA in labor cases – Rule 43 (Royal Plant
of a Municipal Trial Court shall be filed in Workers Union vs. Coca-Cola Bottler Phils. April 15, 2013)
the judgment is made as an incident in said
the Regional Trial Court having jurisdiction ⚫ Review of rulings of Ombudsman
action. This is proper only when the judgment, ◦ Administrative – Rule 43 (Pia vs Gervacio June 5, 2013)
over the former. It shall be treated as an on its face, is null and void, as where it is ◦ Criminal cases – Rule 65 SC (Cabrera vs. Lapid, 510) SCRA 55)
ordinary civil action and Sections 2, 3, 4, 7, patent that the court, which rendered said
⚫ Appeals from CTA en banc – Rule 45 (Sec. 11, RA 9282)
⚫ Review of decision of Comelec – Rule 64, 65
8 and 9 of this Rule shall be applicable judgment, has no jurisdiction (Co vs. CA, ⚫ Review of decision of COA – Rule 64, 65
thereto (Sec. 10, Rule 47). 196 SCRA 705). ⚫ Appeals from decision of CSC – Rule 43
 20 Feb 2023

Carpio-Morales vs. CA, Carpio-Morales vs. CA, Carpio-Morales vs. CA,

Nov. 15, 2015 Nov. 15, 2015 Nov. 15, 2015
⚫ Section
14. Restrictions. — No writ of injunction shall
⚫ The second paragraph: “No court shall hear any appeal or
be issued by any court to delay an investigation application for remedy against the decision or findings of the ⚫The first paragraph: “No writ of injunction
being conducted by the Ombudsman under this Act,
unless there is a prima facie evidence that the subject
Ombudsman, except the Supreme Court, on pure question shall be issued by any court to delay an
of law” was declared unconstitutional for violating Section investigation being conducted by the
matter of the investigation is outside the jurisdiction of the 30, Article VI.
Office of the Ombudsman.
⚫ “SECTION 30. No law shall be passed increasing
Ombudsman under this Act was declared
⚫ No court shall hear any appeal or application for remedy the appellate jurisdiction of the Supreme Court as ineffective until the Court adopts the same as
against the decision or findings of the Ombudsman, except
the Supreme Court, on pure question of law.
provided in this Constitution without its advice and part of the rules of procedure through an
concurrence.”
administrative circular duly issued therefor.

Carpio-Morales vs. CA, Rule 57

PROVISIONAL REMEDIES
Nov. 15, 2015 Preliminary Attachment
⚫ Section 5(5), Article VIII Preliminary Attachment (Rule 57) Definition
⚫ Promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all Preliminary Injunction (Rule 58) It is a provisional
It is provisional
because it
courts, the admission to the practice of law, the Integrated Bar, remedy issued by the
constitutes
court where the action
and legal assistance to the underprivileged. Such rules shall provide Receivership (Rule 59) is pending levying the temporary measure
a simplified and inexpensive procedure for the speedy disposition property or properties availed of during the
of cases, shall be uniform for all courts of the same grade, and shall of the defendant to pendency of action
not diminish, increase, or modify substantive rights. Rules of Delivery of Personal Property (Rule 60) serve as security for and they are
whatever judgment the ancillary because it
procedure of special courts and quasi-judicial bodies shall remain said court might render is dependent upon
effective unless disapproved by the Supreme Court. Support Pendente Lite (Rule 61) in favor of the plaintiff. the main action.
 20 Feb 2023

Will the writ of preliminary attachment be What is the purpose of preliminary

What is the nature of attachment?
dissolved if the parties had already entered attachment?
into compromise agreement? ⚫ Attachment is in the nature of a proceeding quasi in
rem (Banco-Espanol vs. Palanca, 37 Phil. 921, ⚫ Preliminary attachment is designed to seize the
⚫ NO.
928) although sometimes referred to as action in rem property of the debtor before final judgment and put
⚫ The parties to the compromise agreement should not be the same in custodia legis even while the action is
(Valdevieso vs. Damalerio, 421 SCRA 664, 671). pending for the satisfaction of a later judgment and to
deprived of the protection provided by an attachment
lien. If the rule were otherwise, it is easier for the debtor acquire jurisdiction over the property in those
whose property was attached to have the lien released by ⚫ This classification becomes relevant only when the instances where personal or substituted services of
entering into a compromise agreement without the defendant does not appear in the action as when the summons on the defendant cannot be effected.
defendant is a non-resident who, at the same time, is (Philippine Commercial International Bank vs.
intention of actually honoring it (Lim, Jr., vs. spouses
Alejandro, 533 SCRA 738).
Lazaro, G.R. No. 185734, July 3, 2013). outside of the Philippines.

At what stage may preliminary What are the cases where preliminary
Who may apply for preliminary
attachment be applied? attachment is proper?
attachment? ⚫ A.
Recovery of a specified amount of money or
damages.
Plaintiff Any proper party ◦ Section1(a), Rule 57 – In an action for the recovery of a
⚫ At the commencement of the action specified amount of money or damages, other than moral
Defendant with respect to
and exemplary, on a cause of action arising from law,
his counterclaim contract, quasi-contract, delict or quasi-delict against a party
⚫ Any time before entry of judgment who is about to depart from the Philippines with intent
Section 1, Rule 57
Co-party with respect to to defraud his creditors.
his cross-claim
◦ K.O. Glass Construction vs. Valenzuela, 116 SCRA
563 – about to depart with intent to defraud is required for
Third party with respect to
his third party complaint
the issuance.
 20 Feb 2023

What are the cases where preliminary What are the cases where preliminary What are the cases where preliminary
attachment is proper? attachment is proper? attachment is proper?
⚫ B. Action for money or property embezzled.
⚫ C.Action for recovery of property unjustly or ⚫D. Fraud in contracting or performing an
◦ Section1(B), Rule 57 – In an action for money or
fraudulently taken. obligation.
property embezzled or fraudulently misapplied or
◦ Section1(C), Rule 57 – In an action to recover the
converted to his own use by a public officer, or an
possession of property unjustly or fraudulently taken,
◦ Section1(D), Rule 57 – In an action against a
officer of a corporation, or an attorney, factor, detained or converted, when the property, or any part party who has been guilty of a fraud in
broker, agent, or clerk, in the course of his thereof, has been concealed, removed, or disposed of to contracting the debt or incurring the obligation
employment as such, or by any other person in a prevent its being found or taken by the applicant or an upon which the action is brought, or in the
fiduciary capacity, or for a willful violation of duty. authorized person.
performance thereof.

What are the cases where preliminary What are the cases where preliminary Requisites for issuance of preliminary writ
attachment is proper? attachment is proper? of attachment
⚫ Applicant's bond must be filed
⚫ F.
Action against non-residents or on whose ⚫ Affidavit of merit
⚫E. Removal or disposal of property with
summons may be served by publication. ◦ Sufficient cause of action exists;
intent to defraud.
◦ Section1(F), Rule 57 – In an action against a party who ◦ The case is one of those mentioned in Section 1 hereof;
◦ Section1(E), Rule 57 – In an action against a does not reside and is not found in the Philippines, or on ◦ There is no other sufficient security for the claim sought
party who has removed or disposed of his whom summons may be served by publication. to be enforced by the action; and
property, or is about to do so, with intent ◦ Read this in relation to Section 16, 17 and 18, Rule ◦ The amount due to the applicant, or the value of the
14 of the Rules of Court.
to defraud his creditors. property the possession of which he is entitled to recover,
is as much as the sum for which the order is granted above
all legal counterclaims.
 20 Feb 2023

How may preliminary writ of attachment Stages in the grant of preliminary Is it necessary for the court to have
acquired jurisdiction over the person of
be issued? attachment
the defendant when the writ is
implemented?
• Ex parte;
It may
⚫ Yes, because under the rules: “No levy on attachment pursuant
• Upon motion with notice Writ is
to the writ issued under Section 2 hereof shall be enforced unless
Court issues the it is preceded, or contemporaneously accompanied, by service of
and hearing
be • On appeal before the
order granting
the application
attachment is
issued pursuant
The writ is
implemented
summons, together with a copy of the complaint, the application
for attachment, the applicant's affidavit and bond, and the order
issued:
to an order and writ of attachment, on the defendant within the Philippines.”
Court of Appeals or the (Sec. 5, Rule 57)
Supreme Court ⚫ Thus, there must be prior or contemporaneous service
of summons.

Are there exceptions to prior or How is real property attached? How is personal property attached?
contemporaneous service of summons?
⚫ It is attached by the sheriff by filing with the RD a copy of
⚫ Yes,under the rules: “The requirement of prior or the order together with a description of the property
contemporaneous service of summons shall not apply attached, and a notice that it is attached leaving a copy of
⚫Personal property capable of manual
where the summons could not be served 1. personally such order, description, and notice with the occupant of
or by substituted service despite diligent efforts, the property, if any. delivery, by taking and safely keeping it in
or 2. the defendant is a resident of the ⚫ Where the property is registered under the Land his custody, after issuing the corresponding
Philippines temporarily absent therefrom, or 3. Registration Act, the notice shall contain a reference to the
number of the certificate of title, the volume and page in receipt therefor (Section 7(c), Rule 57).
the defendant is a non-resident of the Philippines,
the registration book where the certificate is registered,
or 4. the action is one in rem or quasi in and the registered owner or owners thereof (Section
rem.”(Sec. 5, Rule 57) 7(b), Rule 57).
 20 Feb 2023

How are bank deposits and other credits How is interest belonging to estate of the May a property under custodia legis be
attached? decedent attached? attached?
⚫ By leaving with the person owing such debts, or ⚫ By serving the executor or administrator or other
having in his possession or under his control, such personal representative of the decedent with a copy ⚫ Yes. Under the Rules: If the property sought to be
credits or other personal property, or with his agent, of the writ and notice that said interest is attached. A attached in custodia legis, a copy of the writ of
a copy of the writ, and notice that the debts owing by copy of said writ of attachment and of said notice attachment shall be filed with the proper court or quasi-
him to the party against whom attachment is issued, shall also be filed in the office of the clerk of the judicial agency, and notice of the attachment served upon
and the credits and other personal property in his court in which said estate is being settled and served the custodian of such property (Sec. 7, Rule 57).
possession, or under his control, belonging to said upon the heir, legatee or devisee concerned.
party, are attached in pursuance of such writ (Section 7(e), Rule 57).
(Section 7(d), rule 57).

Supposing sheriff attached the How may a writ of attachment be What are grounds which may be
property of the third party, what are discharged? invoked in the motion to discharge
the remedies of the latter if any? attachment?
⚫ 1. By filing a motion to discharge the attachment and
⚫ He may avail the remedy of terceria (Sec. 14, Rule 57). making a deposit or counter-bond in an amount equal ⚫ Attachment was improperly or irregularly issued
⚫ The third party-claimant may also invoke the court’s to that fixed by the court or value of the property ⚫ Bond is insufficient
authority in the same case and move for a summary attached (Sec. 12, Rule 57)
hearing on his claim. If his claim is meritorious, the court ⚫ Attachment is excessive with respect to the excess
⚫ 2. By filing a motion to set aside or discharge the
shall lift the attachment (Ching vs. CA, 423 SCRA
attachment on other grounds without need of filing a ⚫ Property is exempt from execution
356)
counterbond.
⚫ The third party may file a separate civil action to nullify
the levy (Ching, id.)
 20 Feb 2023

May a party whose property was Rule 58

What is the purpose of preliminary injunction?
attached recover damages from Preliminary Injunction
the attaching party though the
⚫ Concept ⚫A writ of injunction is issued by the court to prevent
former lost the case? threatened or continuous irreparable injury to parties
⚫ Preliminary injunction is an order granted at any stage of
an action, prior to the judgment or final order, requiring a before their claims can be thoroughly studied and
⚫ Yes. This is implied from Section 20, Rule 57 which party, court, agency or person to perform or refrain from adjudicated and during the pendency of the action
provides that: “An application for damages on account of performing an act or acts. (Sec. 1, Rule 58) (MIAA vs. Rivera Village Lessee Homeowners’
improper, irregular or excessive attachment must be filed
before the trial or before appeal is perfected or before ⚫ Preliminary mandatory injunction – order to require Assn., Inc., 471 SCRA 358). Hence, in order to
the judgment becomes executory, with due notice to the the doing of an act protect the rights of the parties before the main
attaching party and his surety or sureties.” (Carlos vs. ⚫ Preliminary prohibitory injunction – order to refrain action is resolved, there is need to preserve the status
Sandoval, 471 SCRA 266, 289-290) from doing an act quo.

Which court should issue writ of

What is the status quo?
MANDATORY PROHIBITORY

⚫ When on is required to ⚫ When one is required to preliminary injunction?

perform an act refrain from doing an act
⚫ The act has already been ⚫ The act has not yet been
⚫It is defined as the last actual, peaceful, and performed and this act performed because it is
uncontested status that precedes the actual violated the rights of restrained or prevented by
another. Since the act injunction. Its purpose is to
controversy, that which is existing at the time of ⚫ Itshall be issued by the court where the principal
has already been prevent a future or
the filing of the case (Spouses Dulnuan vs. performed, the purpose threatened injury action is pending (Sec. 2, Rule 58)
MBTC, July 8, 2015.) of the injunction is to
restore the status quo

Mandatory vs. Prohibitory

 20 Feb 2023

What are the grounds for the issuance of a preliminary

Illustration injunction?
Clear and Unmistakable Legal Right
⚫ An appeal from the judgment of CA may be appealed ⚫ Thunder Security and Investigation Agency vs.
⚫ Section 3, Rule 58 can be capsulized as follows:
through petition for review under Rule 45. The petition NFA, 654 SCRA 714 – Court cannot enjoin the
may include prayer for preliminary injunction. Since it is ⚫ (1) there exists a clear and unmistakable right to be
the SC which has jurisdiction over the appeal, it has also
termination of an employee whose contract of
protected; (2) this right is directly threatened by an act
jurisdiction to issue writ of preliminary injunction employment has already expired.
sought to be enjoined; (3) the invasion of the right is
⚫ Under Section 20, Rule 70, the plaintiff may appeal the material and substantial; and (4) there is an urgent and ⚫ Sps. Duluan vs. MBTC, July 8, 2015 – the Court
decision to the RTC. Here, it is the RTC which has paramount necessity for the writ to prevent serious and cannot enjoin the bank from possessing foreclosed
jurisdiction to issue writ of preliminary injunction property even during the period for redemption.
irreparable damage (Sps. Dulnuan vs. MBTC, July 8,
⚫ If Petition for Certiorari is pending with the CA, it is the
CA which has jurisdiction to issue writ of preliminary 2015).
injunction.

Can preliminary injunction be issued without Is the rule on contemporaneous service

What are the formal requisites of
of summons applicable to application for
the issuance of preliminary notice and hearing? preliminary injunction?
injunction?
⚫ No. ⚫ YES

⚫ There must be a verified application (Sec. 4(a), Rule ⚫ When an application for a writ of preliminary injunction or a
⚫ Section 5, Rule 58 provides: “No preliminary
58). temporary restraining order is included in a complaint or any
injunction shall be granted without initiatory pleading, the case, if filed in a multiple-sala court, shall
hearing and prior notice to the party or be raffled only after notice to and in the presence of the adverse
⚫ The applicant must post a bond (Sec.4 (b), Rule 58). party or the person to be enjoined. In any event, such notice
person sought to be enjoined.”
shall be preceded, or contemporaneously accompanied, by
service of summons, together with a copy of the complaint or
⚫ There must be notice and hearing (Sec. 5, Rule 58). initiatory pleading and the applicant's affidavit and bond, upon
the adverse party in the Philippines (Sec. 4 (c), Rule 58).
 20 Feb 2023

Are there exceptions? What is temporary restraining order? May TRO be issued ex-parte?
⚫ YES ⚫ It is an order issued to preserve the status quo until ⚫ YES
⚫ However, where the summons could not be served the hearing of the application for a writ of preliminary ⚫ Ifit shall appear from facts shown by affidavits or by the
personally or by substituted service despite diligent injunction because preliminary injunction cannot be verified application that great or irreparable injury would
issued ex-parte (Bacolod Water District vs. result to the applicant before preliminary injunction can
efforts, or the adverse party is a resident of the be heard, the court to which the application for
Philippines temporarily absent therefrom or is a Labayen, 446 SCRA 110). By its nature, it could be preliminary injunction was made, may issue ex parte a
nonresident thereof, the requirement of prior or considered as a provisional remedy within a temporary restraining order to be effective only for a
contemporaneous service of summons shall not apply provisional remedy because it is issued to preserved period of twenty (20) days from service on the party or
(Sec. 4 (c), Rule 58). the status quo for a limited period until the court person sought to be enjoined x x x. (Section 5, Rule
decides to issue a writ of preliminary injunction 58).

What should the judge where the case is raffled, do

May TRO be issued by the EJ? after the EJ issued the Is 20 day TRO extendible?
72 hour TRO?
⚫ Ifthe matter is of extreme urgency and the applicant will suffer
⚫ Within the aforesaid seventy-two (72) hours, the judge ⚫NO
grave injustice and irreparable injury, the executive judge of a
before whom the case is raffled shall conduct a summary
multiple-sala court or the presiding judge of a single-sala court
hearing to determine whether the temporary restraining ⚫The Rules provide: “In no case shall
may issue ex-parte a temporary restraining order effective for
only seventy-two (72) hours from issuance but he shall
order shall be extended until the application for preliminary the total period of effectivity of the
injunction can be heard. In no case shall the total period of
immediately comply with the provisions of the next preceding
section as to service of summons and the documents to be
effectivity of the temporary restraining order exceed temporary restraining order exceed
twenty (20) days, including the original seventy-two hours
served therewith (Sec. 5, Rule 58).
provided herein (Sec. 5, Rule 57).
twenty (20) days, including the original
seventy-two hours provided herein.”
(Sect. 5, Rule 58)
 20 Feb 2023

Instances where preliminary injunction may not be SPECIAL CIVIL ACTIONS

issued by the Court? May criminal prosecution be restrained?
⚫ No court, except SC, can issue injunctive relief against ⚫ General Rule: NO. Interpleader (Rule 62)
lawful action of the government agencies that enforce ⚫ Exceptions: Declaratory Relief (Rule 63)
environmental laws (Sec. 10, Rule 2, Part II, A.M. 09-6-
8-SC) ◦ To afford adequate protection to the constitutional rights of the Review of Judgment and Final Order of COMELEC and COA (Rule 64)
accused
⚫ PD 605 bans the issuance of injunctive relief in cases Certiorari, Prohibition, Mandamus (Rule 65)
involving concessions, licenses issued by the government for ◦ When double jeopardy is apparent
Quo Warranto (Rule 66)
exploitation of natural resources. ◦ When necessary for the orderly administration of justice or to avoid
oppression Expropriation (Rule 67)
⚫ PD 1818 prohibits issuance of TRO, PI against the execution
of government infrastructure projects. ◦ Where the charges are manifestly false and motivated by lust for Foreclosure of Real Estate Mortgage (Rule 68)
⚫ PARC cannot be enjoined by court in the implementation vengeance Partition (Rule 69)
or enforcement of CARP under the CARP law. ◦ When there is strictly no prima facie case against the accused and the Forcible Entry and Unlawful Detainer (Rule 70)
motion to quash on that ground has been denied
Contempt (Rule 71)

Rule 62
When is interpleader proper? Requisites of Interpleader
Interpleader
⚫ Meaning of Interpleader ⚫ Whenever conflicting claims upon the same subject There must be two or more claimants with adverse
⚫ It is a special civil action filed by a person against whom matter are or may be made against a person who and conflicting interest upon a subject matter
two conflicting claims are made upon the same subject claims no interest whatever in the subject matter, or an
interest which in whole or in part is not disputed by
The conflicting claims involve the same subject
matter and over which he claims no interest, or if he matter
claims interest, the same is not disputed by the parties. the claimants, he may bring an action against the
This action is brought against the conflicting claimants conflicting claimants to compel them to interplead The conflicting claims are made upon the same
to compel them to interplead and litigate their claims and litigate their several claims among themselves person
among themselves (Sec. 1, Rule 62).
The plaintiff has no claim or his interest, in whole or
in part in the subject is not disputed by the claimants
 20 Feb 2023

Rule 63 For what purpose is declaratory relief

What is the jurisdiction of interpleader?
Declaratory Relief filed?
⚫ Itdepends on the subject matter of the ⚫ Meaning
conflicting claims: To determine any question of
⚫ If the subject matter of the action is personal
property – determine the value of the property
◦ Declaratory relief is defined as an action by any person interested construction or validity arising
in a deed, will, contract or other written instrument, executive
⚫ If the conflicting claims involve right to receive order or resolution, to determine any question of construction from the subject of the action;
particular sum – determine the amount of the sum or validity arising from the instrument, executive order or
claimed regulation, or statute; and for a declaration of his rights and
⚫ If the subject matter is real property – determine
the assessed value of the property
duties thereunder. The only issue that may be raised in such a
petition is the question of construction or validity of provisions in
Seek a declaration of
⚫ If the subject matter is incapable of pecuniary an instrument or statute (Province of Camarines Sur vs. CA, petitioner’s rights thereunder.
estimation - RTC 600 SCRA 569).

What are the actions that may be What are the requisites of declaratory
Please take note:
brought under Rule 63? relief?
⚫ The subject matter must be deed, will, contract or other ⚫ Declaratory relief must be filed before any breach or
⚫ An action to determine any question of construction
written instrument, or whose rights are affected by a violation. If the law or contract has been violated prior
or validity arising, and for a declaration of his rights or statute, executive order or regulation, ordinance, or any to the filing of declaratory relief, the latter recourse
duties, thereunder – Declaratory Relief. other governmental regulation;
should be dismissed (Malana vs. Tappa, 600 SCRA
⚫ The terms of said statute or document and the validity
thereof are doubtful and require judicial construction; 189).
⚫ An action for the reformation of an instrument, ⚫ There must have been no breach of the statute or
to quiet title to real property or remove clouds document;
⚫ BUT: If the breach occurred during the pendency of
therefrom, or to consolidate ownership under ⚫ There must be actual justiciable controversy
⚫ The issue is ripe for judicial determination;
declaratory relief, the latter will converted to ordinary
Article 1607 of the Civil Code (Sec. 1, Rule 63)
⚫ Adequate relief is not available. civil action (Sec. 6, Rule 63).
 20 Feb 2023

What are the subject matter in a petition for

declaratory relief? ( CESO DAW)
Illustration of exclusivity of grounds Who may file the petition?
⚫ Deed ⚫An order the RTC denying petitioner’s motion to “Any
⚫ Will suspend the implementation of writ of execution • if subject is deed, will, contract,
interested or other written instrument;
cannot become a subject matter of declaratory
⚫ Contract or other written instrument
relief (Mangahas vs. Paredes, 515 SCRA 709, party”
⚫ Statute 716).
⚫ Executive order or regulation, “Persons • if the subject is statute, executive
⚫ Ordinance ⚫Finaldecision of the court cannot be the subject of whose rights order, regulation, ordinance or
⚫ Any other governmental regulation declaratory relief (Reyes vs. Dison, 628 SCRA are any other government
⚫ NOTE: These are exclusive 1, 15). affected” regulation.

Rule 64
Which court has jurisdiction? Review of the Judgment or Final Order When should petition be filed?
⚫ The RTC has jurisdiction as declaratory relief raises issue which is of COMELEC and COA
incapable of pecuniary estimation (Sec. 19[1], BP 129; Sec.1, Rule
63). ⚫ Rule 64 governs the review of the judgment or final
⚫ SC has no original jurisdiction over declaratory relief (Clark order of the COMELEC and COA.
⚫ The petition shall be filed within thirty (30) days from
Investors and Locators Assn. vs. Secretary, July 6, 2015). ⚫ The mode of review is via Petition for Certiorari
⚫ If the action is for quieting of title to real property, the jurisdiction under Rule 65 (Aratuc vs. Comelec, 88 SCRA notice of the judgment or final order or resolution
depends upon the assessed value of the real property (Heirs of 251, 272). sought to be reviewed (Sec 3, Rule 64).
Valeriano S. Concha vs. SPS Lumucso, 540 SCRA 1, 16).
⚫ The ground upon which the petition must be filed is
⚫ Action for reformation of contract should be treated as action in
capable of pecuniary estimation, hence RTC. on jurisdictional ground, that is, the COLEMEC or
⚫ An action for consolidation of ownership is an action incapable of
COA acted without jurisdiction or committed grave
pecuniary estimation (Cruz vs. Leis, 327 SCRA 570) abuse of discretion amounting to lack or excess of
jurisdiction.
 20 Feb 2023

Does Neypes or “fresh period” What is the effect of filing the

rule apply to judgment or final What is the period to file the Petition? petition on the judgment or
order of COMELEC and COA? final order?
⚫ NO. Section 3, Rule 64 provides:
⚫ “Ifthe motion is denied, the aggrieved party may file ⚫ The petition shall be filed within thirty (30) days from ⚫ The filing of a petition for certiorari shall not stay the
the petition within the remaining period, but which notice of the judgment or final order or resolution execution of the judgment or final order or
shall not be less than five (5) days in any event, sought to be reviewed (Sec. 3, id.). resolution sought to be reviewed, unless the
reckoned from notice of denial” (Pates vs. Comelec, Supreme Court shall direct otherwise upon such
591 SCRA 491; Lokin vs. Comelec, June 26, terms as it may deem just. (Sec. 8, id.).
2012).

Rule 65 Certiorari cannot be substitute for lost appeal:

Rule 45 vs. Rule 65
Certiorari, Prohibition, Mandamus EXCEPTIONS
⚫ Certiorari under Rule 45 is a mode of appeal while certiorari
⚫ Certiorari ⚫ When public welfare and the advancement of public under Rule 65 is a special civil action.
⚫ It is also called “prerogative writ” because it is not policy dictates. ⚫ Certiorari under Rule 45 is just a continuation of the
demandable as a matter of right. ⚫ When broader interest of justice so require. appellate process of the original case, but under Rule 65, it is
⚫ Its purpose is the correction of errors of jurisdiction an original action.
⚫ When writs issued are null and void.
which includes commission of grave abuse of discretion ⚫ Certiorari under Rule 45 seeks to review the judgment
amounting to lack or excess of jurisdiction. ⚫ When the questioned order amounts to an oppressive while certiorari under Rule 65 seeks to annul the
exercise of judicial authority. proceedings or judgment.
⚫ It is an original and independent action and not a mode of
⚫ Certiorari under Rule 45 raises questions of law while under
appeal.
Rule 65, it raises question of jurisdiction.
⚫ Certiorari cannot be substitute for appeal or lost appeal.
 20 Feb 2023

Essential requisites for a petition for

Rule 45 vs. Rule 65 First Requisite
certiorari The respondent must be exercising
⚫ Certiorari under Rule 45 is to be filed within 15 days from judicial or quasi-judicial function.
⚫ 1. The petition is directed against a tribunal, board, or
receipt of judgment or final order while the period to file
certiorari under Rule 65 is either 30 or 60 days officer exercising judicial or quasi-judicial functions.
⚫ 2. Such tribunal, board, or officer has acted without or ⚫ What is judicial function? – It is the power to
⚫ Certiorari under Rule 45 does not require filing of MR, while
in certiorari under Rule 65, the filing of MR is required. in excess of jurisdiction or with grave abuse of determine what the law is and what the legal rights of
⚫ The parties in certiorari under Rule 45 are the same parties discretion amounting to lack or excess of jurisdiction. the parties are, and then undertakes to determine
to the action while the parties in Rule 65 are the tribunal, these questions and adjudicate the rights of the parties
⚫ 3. There is neither appeal nor plain, speedy or
board or officer exercising quasi-judicial function. (Aquino vs. Municipality of Malay, September
adequate remedy in the ordinary course of law for the
⚫ Certiorari under Rule 45 may only be filed before SC, while 29, 2014).
certiorari under Rule 65 may be filed with the RTC. purpose annulling or modifying the proceeding.

Illustration
What is quasi-judicial function? ⚫A petition for certiorari challenging the validity of the Human Security
Expanded scope of Certiorari
Act of 2007 filed against the Anti-Terrorism Council and its members
was dismissed as said council is not exercising judicial or quasi-judicial ⚫ “Petitionfor certiorari and prohibition are appropriate
⚫ It is the power of an administrative agency to function (Southern Hemisphere Engagement Network vs. remedies to raise constitutional issues and to review
investigate facts or ascertain the existence of facts, hold Anti Terrorism Council, 632 SCRA 146, 166). and/or prohibit or nullify the acts of legislative and
⚫ Petition for certiorari will not lie against the RTWPB for the wage executive officials” (Araullo vs. Aquino, III, July 1,
hearings, and draw conclusions from them as a basis for
order that it issued because what was exercised is quasi-legislative
its official action and to exercise discretion of a judicial 2014).
function (MBTC vs. NWPC, 514 SCRA 346, 357-358).
nature (Aquino vs. Municipality of Malay, ⚫ Petition for certiorari will not lie to question the EO issued by the ⚫ The basis of this pronouncement is the second
September 29, 2014). President for the reason that the same was issued in the exercise of paragraph of Section 1, Article VIII of the Constitution.
the president’s quasi-legislative power (Galicto vs. Aquino, 667
SCRA 150, 165).
 20 Feb 2023

Second Requisite Third Requisite Certiorari cannot be substitute for lost appeal:
Lack, excess, grave abuse No appeal and other speedy remedy EXCEPTIONS
⚫ Without jurisdiction denotes the tribunal, board or
⚫Certiorari is not available where the aggrieved ⚫When public welfare and the
officer acted with absolute lack of authority.
party’s remedy of appeal is plain, speedy and advancement of public policy dictates.
⚫ Excess of jurisdiction – when the public respondent
exceeds its power or acts without statutory authority. adequate remedy in the ordinary course of law. ⚫When broader interest of justice so
require.
⚫ Grave abuse of discretion – connotes such
⚫Certiorari cannot be a substitute for appeal much ⚫When writs issued are null and void.
capricious and whimsical exercise of judgment as to be
equivalent to lack or excess of jurisdiction or the less lost appeal. ⚫When the questioned order amounts to
power is exercised in an arbitrary or despotic manner an oppressive exercise of judicial
by reason of passion, prejudice or personal hostility. authority.

What are the formal requirements for filing What is the effect if the formal requirements are
Rule: Necessity of MR, Exceptions: the petition? not complied with?
⚫ The order is patent nullity. ⚫ Filingof a verified petition.
⚫ The issue has been duly raised and passed by the lower ⚫A petition is procedurally flawed if Sec. 1 of Rule 65 is
court. ⚫ The petition shall be accompanied by a certified true not complied with because there are documents
⚫ There is an urgent necessity for the resolution of the copy of the judgment, order or resolution subject important for the court’s appraisal, evaluation and
question. thereof. judicious disposition of the case. Non-observance of
⚫ The subject matter of the action is perishable. ⚫ Copies of all pleadings and documents relevant and the rule is a sufficient cause for dismissal of the
⚫ Petitioner is deprived of due process.
pertinent thereto. petition and cannot be merely brushed a mere
⚫ MR would be useless under the circumstances.
⚫ Relief from arrest is urgent. ⚫ Sworn certification of non-forum shopping as provided technicality (Lim vs. Vianzon, 497 SCRA 482, 492-
⚫ The proceedings is a total nullity. in the paragraph of Section 3, Rule 46 (Sec. 1, Rule 493).
⚫ The issue is one purely of law. 65).
 20 Feb 2023

Does the filing of petition stay the

What is the period to file the petition? May the period be extended?
proceedings?
⚫ The petition may be filed not later than sixty (60) days from ⚫ Yes, when: ⚫ NO.
notice of the judgment, order or resolution sought to be assailed ⚫ Most persuasive and weighty reasons.
in the Supreme Court or, if it relates to the acts or omissions ⚫ To relieve a litigant from injustice
of a lower court or of a corporation, board, officer or person, in ⚫ The petition shall not interrupt the course of the
⚫ Good faith of the defaulting party
the Regional Trial Court exercising jurisdiction over the principal case unless a temporary restraining order or
territorial area as defined by the Supreme Court. It may also be ⚫ Compelling circumstances
⚫ Merits of the case
a writ of preliminary injunction has been issued against
filed in the Court of Appeals whether or not the same is in aid
of its appellate jurisdiction, or in the Sandiganbayan if it is in ⚫ Cause not entirely attributable to the defaulting party the public respondent from further proceeding in the
aid of its jurisdiction. If it involves the acts or omissions of a ⚫ No showing that it is frivolous case (Sec. 7, Rule 65).
quasi-judicial agency, and unless otherwise provided by law or
⚫ In the name of substantial justice and fair play
these Rules, the petition shall be filed in and cognizable only by
the Court of Appeals. (Sec. 4, Rule 65) ⚫ Importance of issues involved (Labao vs. Flores, 634
SCRA 723)

Prohibition Requisites Prohibition vs. Certiorari

⚫ Concept ⚫ (a) it must be directed against a tribunal, corporation, ⚫ In prohibition, the writ is directed against the
board or person exercising functions, judicial or respondent exercising judicial, quasi-judicial and
⚫ It is an extra-ordinary writ commanding the tribunal, ministerial; ministerial function while writ of certiorari is directed
corporation, board, officer or person, whether exercising
judicial, quasi-judicial or ministerial functions, to desist ⚫ (b) the tribunal, corporation, board or person has against respondent exercising judicial and quasi-judicial.
from further proceedings when such are conducted acted without or in excess of its jurisdiction, or with
⚫ In writ of prohibition the objective is for the
without or in excess of its or his jurisdiction, or with grave abuse of discretion; and
grave abuse of discretion amounting to lack or excess of
respondent to desist while in certiorari, the objective is
⚫ (c) there is no appeal or any other plain, speedy, and
jurisdiction, there being no appeal or any other plain, adequate remedy in the ordinary course of law to annul.
speedy, and adequate remedy in the ordinary course of (Belmonte vs. Deputy Ombudsman, January 13,
law (Sec. 2, Rule 65). 2016).
 20 Feb 2023

Mandamus will lie to compel the doing of

Mandamus Subjects of Mandamus
a ministerial act
⚫ When any tribunal, corporation, board, officer or person unlawfully
neglects the performance of an act which the law specifically enjoins ⚫Neglect to perform an act which the specifically ⚫ Theact is ministerial if the act is should be performed
as a duty resulting from an office, trust, or station, or unlawfully enjoins as a duty. under a given state of facts, in a prescribed manner, in
excludes another from the use and enjoyment of a right or office to obedience to the mandate of a legal authority, without
which such other is entitled, and there is no other plain, speedy and
regard to the exercise of judgment upon the propriety
adequate remedy in the ordinary course of law, the person aggrieved ⚫Unlawful exclusion of another from the use and
thereby may file a verified petition for mandamus to command the or impropriety of the act done (Cudia vs.
respondent to do the act required to be done to protect the rights of enjoyment of a right or office to which such other Superintendent of PMA, February 24, 2015)
the petitioner (Sec. 3, Rule 65) is entitled.

Mandamus will not lie on the following Mandamus will not lie on the following Rule 66
cases: cases: Quo Warranto
⚫ Mandamus will not lie to compel the discretion of
the judge to decide a motion pending before him in
⚫ Mandamus will not lie to compel the prosecutor ⚫Concept
a particular way (Morada vs. Caluag, 5 SCRA to file an Information (Hegerty vs. CA, 409
1128, 1130). SCRA 285) ⚫It is a proceeding generally defined as an
⚫ Mandamus will not lie against a government school
⚫ Mandamus will not lie to compel the PMA to action against a person who usurp, intrudes
or an official with the duty that involves exercise of
discretion like admission of the students (UP vs. restore cadet’s rights and entitlement as a full-
Ayson, 176 SCRA 571, 577) fledge graduating cadet (Cudia vs.
into, or unlawfully holds or exercise a
⚫ Mandamus will not lie to compel UP to allow the Superintendent of PMA, February 24, public office (Tecson vs. COMELEC,
graduation of a student who failed to meet the
requirements (Magtibay vs. Garcia, 120 SCRA 2015) 424 SCRA 277, 326) or even a public
370, 374). franchise (Sec. 1, Rule 66).
 20 Feb 2023

Quo warranto that may be brought by the

May it be filed by an individual? Who may commence the petition?
government:
⚫ (a) Against a person who usurps, intrudes into, or
⚫YES Solicitor
unlawfully holds or exercises a public office, position General
or franchise;
⚫ (b) Against a public officer who does or suffers an ⚫A person claiming to be entitled to a public
act which, by the provision of law, constitutes a office or position usurped or unlawfully held Public
ground for the forfeiture of his office; or prosecutor
⚫ (c) Against an association which acts as a or exercised by another may bring an action
corporation within the Philippines without being therefor in his own name (Sec. 5, Rule Private
legally incorporated or without lawful authority so
to act (Sec. 1, Rule 66). 66). person

When may the solicitor general or public What is the jurisdiction and venue of What is the period for the filing of
prosecutor commence petition? petition?
the petition?
⚫ An action under the preceding six sections can be ⚫ Nothing contained in this Rule shall be construed to
authorize an action against a public officer or employee for
When directed by the President of the brought only in the Supreme Court, the Court of
his ouster from office unless the same be commenced
Philippines; Appeals, or in the Regional Trial Court exercising
within one (1) year after the cause of such ouster, or
jurisdiction over the territorial area where the the right of the petitioner to hold such office or
When upon complaint; respondent or any of the respondents resides, but position, arose; nor to authorize an action for damages in
when the Solicitor General commences the action, it accordance with the provisions of the next preceding
may be brought in a Regional Trial Court in the City section unless the same be commenced within one (1) year
Or he has good reason to believe that the of Manila, in the Court of Appeals, or in the Supreme after the entry of the judgment establishing the petitioner's
case should be filed (Sec. 2, Rule 66). Court (Sec. 7, Rule 66). right to the office in question (Sec. 11, Rule 66).
 20 Feb 2023

Rule 67
Concept of “public use” Concept of “just compensation”
Expropriation
⚫ Power of eminent domain is one of the fundamental ⚫ The concept has been expanded. It is not limited to ⚫ It is the full and fair equivalent of property taken form
powers of the state. actual “public use”. its owner by the expropriator. The measure is not the
⚫ Sec. 9, Art. III is not a conferment of the power, but taker’s gain, but the owner’s loss. The word “just” is
⚫ The meaning include “usefulness, utility, or advantage or
rather a limitation.
what is productive of general benefit…(Vda de Ouano used to intensify the meaning of the word
⚫ Two requisites for the validity of the exercise of the
power of eminent domain is that 1) it must be exercise vs. Republic, 642 SCRA 384, 408-409). Example, “compensation” and to convey the idea that the
for public purpose; 2) payment of just compensation. equivalent to be rendered for the property to be taken
socialized housing (Abad vs. Fil-Homes Relaty
⚫ Power of eminent domain can be used as implement of shall be real, substantial, full and ample. It is equivalent
Realty Development Corp., 636 SCRA 247, 254). to the market value of the property (Republic vs.
police power.
⚫ Expropriation is not limited to acquisition of title. Burden Rural Bank of Kabacan, Inc., 664 SCRA 233,
to a property is tantamount to “taking”. 244)

Can the government divert the use What are the stages in expropriation
Eminent domain of LGU, requisites:
of property taken different from process?
the purpose for which the ⚫ There must be an ordinance enacted for the purpose. ⚫ First stage – the determination of the authority of
petition was filed? ⚫ The power of eminent domain is exercised for public the plaintiff to expropriate. This determination
⚫ No. a condemnor should commit the use of the use, purpose or welfare or for the benefit of the poor includes an inquiry into the propriety of the
property pursuant to the purpose stated in the and landless. expropriation – its necessity and the public purpose.
petition for expropriation, failing which it should file ⚫ It must be exercised through its chief executive.
another petition for new purpose. If not, then it ⚫ Payment of just compensation. ⚫ Second stage – determination of just compensation
behooves the condemnor to return the said property ⚫ There must be previous offer to buy but it was refused (Municipality of Binan vs. Garcia, 180 SCRA
to its owner, if the latter so desires (Vda. De Ounao (Sec. 19, LGC, RA7160) 576, 583-584)
vs. Republic, 642 SCRA 385, 409)
 20 Feb 2023

What are the defenses and objection in

What must be alleged in the petition? Is omnibus motion rule applicable?
the answer?
⚫ State with certainty the right of the plaintiff to ⚫Yes.
⚫ If a defendant has no objection or defense to the
expropriation and the purpose thereof ⚫A defendant waives all defenses and objections
action or the taking of his property, he may file and
⚫ Describe the personal and real property sought to be not so alleged but the court, in the interest of
serve a notice of appearance and a manifestation to
expropriated. justice, may permit amendments to the answer to
that effect, specifically designating or identifying the
⚫ Join as defendants all person owning or claiming to property in which he claims to be interested, within be made not later than ten (10) days from the
own, or occupying any property or any interest the time stated in the summons. Thereafter, he shall filing thereof (Sec. 3, Rule 67).
therein, showing as far as practicable the interest of be entitled to notice of all proceedings affecting the
defendant. If the plaintiff cannot identify the owner, it same (Sec. 3, Rule 67).
must be so stated (Sec. 1, Rule 67).

May the defendant be declared in default in When is possession on the property

Which court has jurisdiction?
presenting evidence on just compensation? allowed?
⚫ Under the Rules of Court – upon the deposits by
⚫No. ⚫It is the RTC has jurisdiction because petition for expropriator of an amount equivalent to the assessed
expropriation is an action incapable of pecuniary value of the property for purposes of taxation with the
⚫At the trial of the issue of just compensation, authorized government depositary (Sec. 2, Rule 67).
estimation regardless of the value of the subject
whether or not a defendant has previously
property (Barangay San Roque vs. Hiers of
appeared or answered, he may present evidence ⚫ Aftersuch deposit is made the court shall order the sheriff
Pastor, 334 SCRA 127, 134). or other proper officer to forthwith place the plaintiff in
as to the amount of the compensation to be paid
for his property, and he may share in the possession of the property involved and promptly submit a
report thereof to the court with service of copies to the
distribution of the award. (Sec. 3, Rule 67). parties (Sec. 2, id.).
 20 Feb 2023

When is possession on the property What is the effect if objections of the

Please take note: defendant are overruled or the defendant did
allowed? not object on the authority and purpose of
the expropriation or no party appears
⚫ Under the LGC – LGU may take possession of the ⚫If LGC is not applicable or that the to object
property upon filing of petition and after making property taken is not for government
deposit of 15% of the market value of property based infrastructure project, it is Rule 67, ⚫ The court may issue an order of expropriation declaring
on the current tax declaration (Sec. 19, LGC.). that the plaintiff has a lawful right to take the property
⚫ Under R.A. 8974 – with respect to government Section 2 which is applicable with sought to be expropriated, for the public use or purpose
infrastructure project, upon filing of complaint and respect to when possession should be described in the complaint, upon the payment of just
payment to the owner of sum equivalent100% of the compensation to be determined as of the date of the
value of the property based on current relevant zonal
allowed (Republic vs. Gingoyon, taking of the property or the filing of the complaint,
valuation. 478 SCRA 474, 515-518). whichever came first (Sec. 4, Rule 67).

What is the nature of order of Rule on ascertainment of just

What if the RTC is reversed on appeal?
expropriation? compensation?
⚫ if the appellate court determines that plaintiff has no ⚫ Appointment of 3 commissioners is mandatory (Se. 5,
⚫ It is a final order which susceptible to appeal. Such Rule 67).
appeal, however, shall not prevent the court from right of expropriation, judgment shall be rendered
⚫ Hearing before commissioners are indispensable.
determining the just compensation to be paid (Sec.4, ordering the Regional Trial Court to forthwith enforce ⚫ Trial with aid of commissioner is substantial right (NPC
Rule 67). the restoration to the defendant of the possession of vs. De la Cruz, 514 SCRA 56).
the property, and to determine the damages which the ⚫ The findings of commissioner may be disregarded by the
⚫ Also, The right of the plaintiff to enter upon the Judge but, the latter may do so only for valid reason (NPC
defendant sustained and may recover by reason of the
property of the defendant and appropriate the same vs. Dela Cruz, id.).
possession taken by the plaintiff (Sec. 11, Rule 67).
for public use or purpose shall not be delayed by an ⚫ Just compensation should be determined as of the date of
appeal from the judgment (Sec. 11, Rule 67). the taking of the property or the filing of the complaint,
whichever came first (Sec. 4, Rule 67).
 20 Feb 2023

What is the effect of non-payment of just Rule 68

Please take note:
compensation? Foreclosure of Real Estate Mortgage
⚫ In an action for the foreclosure of a mortgage or other ⚫ In an indebtedness subject to mortgage, the creditor has
⚫ Non-payment of just compensation does not encumbrance upon real estate, the complaint shall set forth the following alternative remedies:
automatically entitle the private landowner to recover the date and due execution of the mortgage; its ◦ To file an action for collection of sum of money.
possession of the expropriated lots. However, in cases assignments, if any; the names and residences of the ◦ To foreclose the mortgage.
mortgagor and the mortgagee; a description of the ⚫ The remedies are mutually exclusive; such that the
where the government failed to pay just compensation mortgaged property; a statement of the date of the note
within five (5) years from the finality of judgment in the or other documentary evidence of the obligation secured availment of one, excludes the other. Therefore, if one
by the mortgage, the amount claimed to be unpaid files a collection suit and then thereafter files a petition for
expropriation proceedings, the owners concerned foreclosure of mortgage, the same constitute a splitting of
thereon; and the names and residences of all persons
shall have the right to recover possession of their having or claiming an interest in the property subordinate cause of action (Bank of America, NT & SA vs.
property (Republic vs. Lim, 462 SCRA 265, 288- in right to that of the holder of the mortgage, all of whom Amreican Realty Corp, 321 SCRA 659, 667-669;
289) shall be made defendants in the action (Section 1, Rule Marilag vs. martinez, July 22, 2015).
68).

What are the different modes of

Jurisdiction of judicial foreclosure What should be alleged in the complaint?
foreclosing mortgage?
⚫Judicial foreclosure is a real action. Thus, ⚫ Date and due execution of the mortgage;
jurisdiction depends on the assessed value of real Judicial foreclosure under ⚫ its assignments, if any;
property. ⚫ the names and residences of the mortgagor and the
mortgagee;
Rule 68 ⚫a description of the mortgaged property; a statement of
⚫Thus, if the value of real property is 20K below in the date of the note or other documentary evidence of
the obligation secured by the mortgage,
the provinces of 50K below in the NCR, the
jurisdiction is with the MTC; otherwise, it is the
Extra-judicial foreclosure under ⚫ the amount claimed to be unpaid thereon;
⚫ and the names and residences of all persons having or
RTC. Act 3135, as amended by 4118 claiming an interest in the property subordinate in right to
that of the holder of the mortgage, all of whom shall be
made defendants in the action (Section 1, Rule 68).
 20 Feb 2023

What should the judgment in judicial What is the effect if the mortgagor failed
What is equity of redemption?
foreclosure contain? to pay the sum due within the period
⚫ Ascertainment of the amount due to the plaintiff upon the mortgage debt given?
⚫ Itis the period within which the mortgagor may start
or obligation, including interest and other charges as approved by the
court, and costs; exercising his equity of redemption, which is the right ⚫ The court, upon motion, shall order the property to
⚫ The sum so found due to extinguish the mortgage and retain ownership of the be sold in the manner and under the provisions of Rule
⚫ Order the amount found due to be paid to the court or to the property by paying the debt. The payment may be 39 and other regulations governing sales of real estate
judgment obligee within a period of not less than ninety (90) days nor made even after the foreclosure sale provided it is
more than one hundred twenty (120) days from the entry of judgment, under execution (Sec. 3, Rule 57).
made before the sale is confirmed by court (GSIS vs.
⚫ and admonition that in default of such payment the property shall be sold ⚫ There should be motion, but the motion is ex-parte
at public auction to satisfy the judgment (Section 2). CFI, 175 SCRA 19, 25).
(Govt. of PI vs. De Las Lajigas, 55 Phil 668, 672).
⚫ The judgment is appealable.

What should the mortgagee do, after What is the effect of finality of the
Disposition of the proceeds of sale
the sale of the mortgage property is confirmation of the sale?
made? ⚫ Upon the finality of the order of confirmation or upon the ⚫ They shall, after deducting the costs of the sale, be paid
⚫ He should file a motion for confirmation of sale (Sec. 3. expiration of the period of redemption when allowed by to the person foreclosing the mortgage, and when
Rule 68). law, the purchaser at the auction sale or last there shall be any balance or residue, after paying off
⚫ Here the motion requires notice and hearing (Tiglao vs. redemptioner, if any, shall be entitled to the possession of the mortgage debt due, the same shall be paid to junior
Botones, 90 Phil. 275, 278). the property unless a third party is actually holding the encumbrancers in the order of their priority, to be
same adversely to the judgment obligor. The said
⚫ The confirmation of sale shall operate to divest the rights purchaser or last redemptioner may secure a writ of ascertained by the court, or if there be no such
in the property of all the parties to action and vest the possession, upon motion, from the court which ordered encumbrancers or there be a balance or residue after
rights in the purchaser, subject to the rights of redemption the foreclosure (Sec. 3, Rule 68). payment to them, then to the mortgagor or his duly
under the law (Sec. 3, Rule 68). ⚫ The motion is ex-parte (Carlos vs. CA, 537 SCRA 247, authorized agent, or to person entitled to it (Sec. 4,
⚫ Order of confirmation is appealable. 253). Rule 68).
 20 Feb 2023

Is there still a need to file a separate case to Rule 69

Is the mortgagee entitled to deficiency? recover the deficiency? Partition
⚫ Yes.
⚫ Partition is defined as the separation, division and
⚫ If upon the sale of any real property, there be a
balance due to the plaintiff after applying the ⚫No need. assignment of a thing held in common among those to
proceeds of the sale, the court, upon motion, shall whom it may belong (Art. 1079, CC).
render judgment against the defendant for any such
balance for which he may be personally liable to the ⚫ Partition presupposes the existence of a co-ownership
plaintiff, upon which execution may issue ⚫A motion for the recovery of deficiency can over a property between two or more persons. Thus, a
immediately if the balance is all due at the time of
the rendition of the judgment; otherwise, the be filed in the same court where judicial division of property cannot be ordered by the court
unless the existence of co-ownership is first established
plaintiff shall be entitled to execution at such time as foreclosure was filed (Sec. 6, Rule 68).
the balance remaining becomes due under the terms (Co Giuk Lun vs. Co, 655 SCRA 131, 138).
of the original contract, which time shall be stated in
the judgment (Sec. 6, Rule 68).

Instances where co-owner may not

Prescription of action for partition Which court has jurisdiction?
demand partition
⚫ There is agreement not to divide for a period of time, ⚫Itdoes not prescribe. Thus, a co-owner may filed
⚫ Partition
is a real action. Thus, jurisdiction depends on
not exceeding ten (10) years (Art. 494). the action for partition anytime (494, CC).
the assessed value of real property.
⚫ The partition is prohibited by the donor for a period ⚫However, when of the co-owner repudiated the
not exceeding 20 years (Art. 494 and 1083 CC) co-ownership, and the co-owner is advice of the ⚫ Thus,if the value of real property is 20K below in the
⚫ When partition is prohibited by law (494, CC) repudiation such repudiating co-owner may
⚫ When property is not subject to a physical division
provinces of 50K below in the NCR, the jurisdiction is
acquire ownership thereof thru prescription with the MTC; otherwise, it is the RTC
(495, CC)
(Heirs of Restar vs. Heirs of Cichon, 475
⚫ When condition is imposed but not yet fulfilled (1084,
CC) SCRA 731, 738).
 20 Feb 2023

What are the stages of partition? Please take note: Who may file the petition?

First phase ⚫Both phases are subject to appeal.

• Determination whether co-ownership exists. ⚫A person having the right to compel the partition of real
This phase may end up with the declaration ⚫The action for partition is subject to multiple estate may do so (Sec. 1, Rule 69).
that plaintiff is not entitled to partition. appeals and would require record on appeal
(Roman Catholic Archbishop of Manila
Second phase vs. CA, 258 SCRA 186, 194).
• Partition shall be done by the court in case the
parties could not agree among themselves.

What is the procedure after the court

What should be the action of the court after the filing
What has to be alleged in the complaint? declared that co-ownership exists and that
of the report?
the plaintiff has the right to partition
the property? ⚫ Court may, upon hearing, accept the report and render
⚫ The nature and extent of his title; judgment in accordance therewith;
⚫ Court will direct the parties to partition the property
among themselves (Sec. 2, Rule 69). ⚫ For cause shown, recommit the same to the
⚫ Adequate description of the real estate of which ⚫ If the don’t agree, the parties shall appoint three (3) commissioners for further report of facts;
independent commissioners to make the partition (Sec. 2, ⚫ Or set aside the report and appoint new commissioners;
partition is demanded;
Rule 69). ⚫ Or accept the report in part and reject it in part; and may
⚫ Commissioners will submit their full and accurate report. make such order and render such judgment as shall
⚫ Joining
as defendants all other persons interested in The Court upon receipt of the report, shall through its effectuate a fair and just partition of the real estate, or of
clerk of court furnished the parties of the report. They are its value, if assigned or sold as above provided, between
the property (Sec. 1, Rule 69). allowed to comment or register their objection to the
report within (10) days from the receipt thereof (Sec. 7, the several owners thereof (Sec. 7, Rule 69).
Rule 69).
 20 Feb 2023

Rule 70 Which court has jurisdiction over What are the two causes of actions under
Forcible Entry and Unlawful detainer possessory actions? Rule 70?
What are the three (3) kinds of possessory ⚫ Forcible entry – an action to recover possession of a
action?
⚫ Accion interdictal – MTC, regardless of the value of property from the defendant whose occupation thereof is
Accion real property and amount of damages or unpaid illegal from the beginning since he acquired possession by
interdictal rentals. force, intimidation, threat, strategy or stealth.
⚫ Accion publiciana – MTC or RTC, depending on the ⚫ Unlawful detainer – an action for recovery of
Accion assessed value of the real property. possession from the defendant whose possession of the
publiciana ⚫ Accion reindivicatoria – MTC or RTC, depending
property was lawful from the beginning, but became illegal
when he continued his possession despite the termination
on the value of the real property.
Accion of his right thereunder (Sarmieta vs. Manalite
reinvindicatoria Homeowners Association, 632 SCRA 538, 546).

primary

Section 1, Rule 70 gives the two causes of

What should be alleged in forcible entry? Please take note:
action
⚫a person deprived of the possession of any land or
building by force, intimidation, threat, strategy, or ⚫Prior physical possession is the
stealth – forcible entry primary consideration in a forcible
Plaintiff had prior physical possession.
⚫ lessor, vendor, vendee, or other person against whom
entry case. A party who can prove
the possession of any land or building is unlawfully
withheld after the expiration or termination of the That defendant deprived plaintiff of his prior physical possession can recover
right to hold possession, by virtue of any contract, possession by means of force, such possession even against the
express or implied – unlawful detainer intimidation, threat, strategy or stealth owner himself (Antazo vs. Doblada,
(FITSS).
611 SCRA 586).
 20 Feb 2023

What is the meaning of prior What should be alleged in the complaint for unlawful What is the effect if there is failure to
physical possession in forcible detainer? alleged facts necessary for forcible entry
entry cases? and unlawful detainer?
⚫ Possession of the property by the defendant was by contract
⚫ While prior physical possession is an indispensable with or by tolerance of the plaintiff. ⚫ The jurisdictional facts must appear on the face of the
requirement in forcible entry cases, emphasis should be ⚫ Such possession became illegal upon notice by the plaintiff to the
complaint. When the complaint fails to aver facts
made however that possession can be acquired not only by defendant of the termination of the latter’s possession.
material occupation, but also by the fact that a thing is ⚫ Defendant remained in possession of the property and deprived
constitutive of forcible entry or unlawful detainer, as
subject to the action of one's will or by the proper acts the plaintiff enjoyment thereof. where it does not state how entry was effected or how
and legal formalities established for acquiring such right. ⚫ Within one (I) year from the last demand on the defendant to and when dispossession started, the remedy should
⚫ Possession can be acquired by juridical acts. These are acts
to which the law gives the force of acts of possession.
vacate the property, the plaintiff instituted the complaint for either be an accion publiciana or accion reinvindicatoria
ejectment (Romullo vs. Samahang Magkakapitbahay ng
⚫ Juridical acts were sufficient to establish the plaintiff's prior Bayanihan Compound Homeowners Association, 632 (Jose vs. Alfuerto, November 26, 2012; Suarez
possession of the subject property. (Mangaser vs. Ugay, SCRA 411, 419-420). vs. Emboy, March 12, 2014).
December 3, 2014).

Forcible entry vs. unlawful detainer Please take note: Nature of interdictal cases
⚫ In forcible entry, there must be an allegation of prior ⚫ When the entry is by stealth, the one-year period to file action
possession of the plaintiff; in unlawful detainer, the should reckoned from the discovery of entry (Nunez vs.
allegation should how the possession of the defendant SLTEAS Phoenix Solutions, Inc., 618 SCRA 134, 142).
becomes illegal. ⚫ When possession is by tolerance, it becomes illegal upon

⚫ In forcible entry, demand to vacate is not needed; in demand to vacate by the owner and the possessor by tolerance
unlawful detainer, demand to vacate is a prerequisite. refuses to comply with such demand (Piedad vs. Gurieza, ⚫It is both real and in personam
June 18, 2014).
⚫ In forcible entry, the one-year period to file action should
⚫ The rule on tolerance does not apply in a case where there
be counted from the date of actual entry; while in unlawful was forcible entry at the start (Munoz vs. CA, 214 SCRA 216,
detainer the one-year period to file action must be 224). Hence, in this case, unlawful detainer is not the proper
counted from the date of the last demand to vacate. remedy (Jose vs. Alfuerto, November 26, 2012).
 20 Feb 2023

Unlawful detainer in Demand is to “pay unpaid rental

What is the form of demand?
lease contract cases or to vacate”. Will this make out a
case of unlawful detainer? ⚫Written notice of such demand upon the person
⚫ Unless otherwise stipulated, such action by the lessor
shall be commenced only after demand to pay or found on the premises, or by posting such notice
⚫ No. It should be demand to pay and vacate.
comply with the conditions of the lease and to on the premises if no person be found thereon
⚫ A demand in the alternative to pay the increased rental
vacate is made upon the lessee, or by serving written (Sec. 2, Rule 70).
notice of such demand upon the person found on the or otherwise vacate the land is not a demand that will
give rise to an unlawful detainer case (Penas vs. CA, ⚫How about verbal demand?
premises, or by posting such notice on the premises if
no person be found thereon, and the lessee fails to 233 SCRA 744, 747). ⚫Yes (Jakihaca vs. Aquino, 181 SCRA 67)
comply therewith after fifteen (15) days in the case of
land or five (5) days in the case of buildings (Sec. 2,
Rule 70).

When is right to commence action in What procedure should govern ejectment

“Tacita reconduccion”
lease contract? cases?
⚫Except in cases covered by the agricultural
⚫at the end of the lease contract, the lessee tenancy laws or when the law otherwise
⚫ When the lessee fails to comply therewith after fifteen
(15) days in the case of land or five (5) days in the case
should continue enjoying the property expressly provides, all actions for forcible
of buildings. leased for 15 days with the consent of the entry and unlawful detainer, irrespective of
lessor, and no notice to the contrary has the amount of damages or unpaid rentals
been given, it is understood that there is an sought to be recovered, shall be governed
implied new lease contract (1670, CC). by the summary procedure hereunder
provided (Sec. 3, Rule 70).
 20 Feb 2023

Can the court motu propio dismiss the

Pleadings allowed Answer to Complaint
complaint?
⚫YES ⚫ Within ten (10) days from service of summons, the
defendant shall file his answer to the complaint and serve a
⚫The only pleadings allowed to be filed are ⚫The court may, from an examination of the copy thereof on the plaintiff. Affirmative and negative
the complaint, compulsory counterclaim and allegations in the complaint and such evidence defenses not pleaded therein shall be deemed waived,
cross-claim pleaded in the answer, and the as may be attached thereto, dismiss the case except lack of jurisdiction over the subject matter.

answers thereto. All pleadings shall be outright on any of the grounds for the ⚫ Cross-claims and compulsory counterclaims not asserted

dismissal of a civil action which are apparent in the answer shall be considered barred. The answer to
verified (Sec. 4, Rule 70). counterclaims or cross-claims shall be served and filed
therein. If no ground for dismissal is found, it within ten (10) days from service of the answer in which
shall forthwith issue summons (Sec. 5, Rule they are pleaded (Sec. 6, Rule 70).
5) .

What should the court do in case

Is there default in ejectment cases?
tenancy relationship is alleged in Procedure in the MTC
⚫NO. the answer?
Filing of the
complaint
⚫Should the defendant fail to answer the
complaint within the period above ⚫ Where tenancy is raised as a defense, the court must
conduct a hearing on the matter to determine the The court shall render

provided, the court, motu proprio or on veracity of the allegations of tenancy (Onquit vs.
Filing of answers
within 10 days
a judgment within 30
days after the case
shall have been
from summons
motion of the plaintiff, shall render Binamira-Parcia, 297 SCRA 354).
submitted for decision.

judgment as may be warranted by the facts After receipt of

Preliminary
alleged in the complaint and limited to what
preliminary conference
order, parties shall file
conference their position papers

is prayed for therein (Sec. 7, Rule 70).

within 10 days
 20 Feb 2023

How to stay the execution of How to stay the execution of

Immediate execution judgment judgment
⚫Appeal is perfected and the defendant files ⚫And during the pendency of the
If judgment is rendered a sufficient supersedeas bond, approved by appeal, he deposits with the appellate
the Municipal Trial Court and executed in
against the defendant, favor of the plaintiff to pay the rents,
court the amount of rent due from
time to time under the contract, if any,
execution shall issue damages, and costs accruing down to the
as determined by the judgment of the
time of the judgment appealed from. (Sec.
immediately upon motion. 19, Rule 70). Municipal Trial Court. (Sec. 19, Rule
70).

How to stay the execution of Rule 71

Decision of the RTC is executory
judgment Contempt
⚫In the absence of a contract, he shall deposit ⚫The judgment of the Regional Trial ⚫ Direct contempt
⚫A person guilty of misbehavior in the presence of or
with the Regional Trial Court the reasonable Court against the defendant shall be so near a court as to obstruct or interrupt the
value of the use and occupation of the premises immediately executory, without proceedings before the same, including disrespect
for the preceding month or period at the rate prejudice to a further appeal that may toward the court, offensive personalities toward
determined by the judgment of the lower court others, or refusal to be sworn or to answer as a
on or before the tenth day of each succeeding be taken therefrom (Sec. 21, Rule 70). witness, or to subscribe an affidavit or deposition
month or period (Sec. 19, Rule 70). when lawfully required to do so, may be summarily
adjudged in contempt by such court (Sec. I, Rule 71)
 20 Feb 2023

Remedy of the person adjudged of direct

Penalty for direct contempt Acts constituting indirect contempt
contempt
⚫a fine not exceeding two thousand pesos or ⚫ The person adjudged in direct contempt by any court ⚫ Misbehavior of an officer of a court in the performance
imprisonment not exceeding ten (10) days, or both, if may not appeal therefrom, but may avail himself of the of his official duties or in his official transactions;
it be a Regional Trial Court or a court of equivalent or remedies of certiorari or prohibition. The ⚫ Disobedience of or resistance to a lawful writ, process,
higher rank, or execution of the judgment shall be suspended pending order, or judgment of a court;
⚫ by a fine not exceeding two hundred pesos or resolution of such petition, provided such person files a ⚫ Any abuse of or any unlawful interference with the
imprisonment not exceeding one (1) day, or both, if it bond fixed by the court which rendered the judgment processes or proceedings of a court not constituting
be a lower court (Sec. 1, Rule 71). and conditioned that he will abide by and perform the direct contempt under Section 1 of this Rule;
judgment should the petition be decided against
him.(Sec. 2, Rule 71).

Acts constituting indirect contempt How is indirect contempt commenced? Where should the charge be filed?
⚫ Any improper conduct tending, directly or indirectly, to ⚫ Where the charge for indirect contempt has been
impede, obstruct, or degrade the administration of committed against a Regional Trial Court or a court of
⚫ By order of the court, or a formal charge by the
justice; equivalent or higher rank, or against an officer appointed
offended court. This is in the nature of a show cause by it, the charge may be filed with such court;
⚫ Assuming to be an attorney or an officer of a court, and
order. ⚫ Where such contempt has been committed against a
acting as such without authority;
⚫ By verified petition with full requirements of initiatory lower court, the charge may be filed with the Regional
⚫ Failure to obey a subpoena duly served;
pleading for civil action. It is treated as a separate case Trial Court of the place in which the lower court is
⚫ The rescue, or attempted rescue, of a person or sitting.
property in the custody of an officer by virtue of an to be docketed separately (Sec. 4, Rule 71).
⚫ proceedings may also be instituted in such lower court
order or process of a court held by him (Sec. 3, Rule subject to appeal to the Regional Trial Court of such
71). place in the same manner as provided in Section 2 of this
Rule (Sec. 5, Rule 71).
 20 Feb 2023

Meaning of execution Which part of the decision is executed?

⚫ The dispositive portion of the decision is that part of
⚫Execution is a remedy afforded for the satisfaction the decision which is executed.
of a judgment. Its object being to obtain ⚫ The dispositive portion is that which vests rights upon

EXECUTION satisfaction of the judgment on which the writ is

issued (Cagayan de Oro Coliseum vs. CA,
the parties, sets condition for the exercise of those
rights, and imposes the corresponding duties and
obligations. Hence if there is a conflict between the
320 SCRA 731, 754).
dispositive portion of the decision and the body
⚫It is the fruit and the end of the suit, and is the life thereof, the dispositive portion controls irrespective of
of the law (Ayo Violago-Isnani, 308 SCRA what appears in the body (Globe Telecom, Inc., vs.
543, 551). Florendo-Flores, 390 SCRA 201, 210).

Writ of execution should conform to the When is execution a matter of discretion?

When is execution a matter of right?
dispositive portion
⚫ SECTION 2(a) – Execution of a judgment or final order pending appeal.
⚫ Thewrit may not vary the terms of judgment to be executed ⚫ SECTION 1. Execution Upon Judgments or Final Orders. — On motion of the prevailing party with notice to the adverse party
(Buan vs. CA, 235 SCRA 424, 432). Thus, if the judgment — Execution shall issue as a matter of right, on motion, upon a filed in the trial court while it has jurisdiction over the case and is
does not provide for the payment of interest, the writ of judgment or order that disposes of the action or proceeding upon in possession of either the original record or the record on
execution cannot modify the judgment by requiring the the expiration of the period to appeal therefrom if no appeal has appeal, as the case may be, at the time of the filing of such motion, said
judgment obligor to pay interest. That part of the writ court may, in its discretion, order execution of a judgment or final order
been duly perfected (Rule 39).
imposing interest is void (Solidbank Corporation vs. CA, even before the expiration of the period to appeal.
⚫ It is ministerial duty of the court to issue writ of execution when
379 SCRA 159, 166). An order of execution which does not ⚫ After the trial court has lost jurisdiction, the motion for execution
the judgment is already final. Thus, the act may be compelled by pending appeal may be filed in the appellate court.
conform to the dispositive portion of the decision sought to mandamus. This is base on the principle of immutability of ⚫ Discretionary execution may only issue upon good reasons to be stated
be enforced is null and void (Lao vs. King, 500 SCRA 280). judgment (Philippine Trust Co. vs. Roxas, GR 171897, in a special order after due hearing (Rule 39).
Otober 14, 2015).
 20 Feb 2023

What are the requisites for Is frivolous appeal a good reason to grant a
Is posting of bond enough reason to grant execution pending appeal?
discretionary execution? discretionary execution of judgment?
⚫ No.
⚫ No. The mere filing of a bond by the successful party is not in itself a
⚫ There must be motion filed by the prevailing party with ⚫ Where the sole reason given by the trial court in allowing good reason for ordering execution pending appeal, because it is
notice to the adverse party;
execution is that the appeal is frivolous and dilatory, the combination of circumstances which is the dominating
⚫ There must be a hearing of the motion for discretionary execution pending appeal cannot be justified because the reason that would justify immediate execution, the bond only
execution; authority to disapprove an appeal pertains to the appellate an additional factor (International School, Inc., [Manila]
⚫ The motion must be filed in the trial court while it has court (International School, Inc., [Manila] vs. Court vs. Court of Appeals, 309 SCRA 474, 483).
jurisdiction over the case and is in possession of either the of Appeals, 309 SCRA 474, 483). ⚫ Otherwise, what the prevailing party would do is just to post a
original record or record on appeal; bond, and execution pending appeal will be issued as a matter
⚫ Mere allegation that the appeal is dilatory is not a good
⚫ There must be good reason to justify the discretionary; reason to merit discretionary execution (Intramuros of course (Roxas vs. CA, 157 SCRA 370).
⚫ Good reason must be stated in a special order. Tennis Club vs. CA, 341 SCRA 90, 107).

Suppose the Court granted the motion for Is motion necessary for the issuance of writ
Example of good reasons of execution?
execution in cases where it is discretionary,
⚫ Where there is danger of the judgment becoming how can execution be stayed? ⚫Yes. Motion is necessary. It is extant from the
ineffectual, as where the losing party is disposing of its Section 1, Rule 39. Motion is required even if the
assets (Scottish Union & National Insurance Co.
⚫It can be stayed by filing a sufficient judgment is already final and executory (Ilaw
vs. Macadaeg, 91 Phil. 891) or where the articles
subject of the case would deteriorate (Federation of supersedeas bond which will guaranty the Buklod ng Manggagawa [IMB] vs. Nestle
United NAMARCO vs. CA, 4 SCRA 867). performance of the judgment or order Philippines, Inc., September 23, 2015).
⚫ Where the judgment debtor is insolvent or in allowed to be executed in case it shall be ⚫Judge, therefore, may not order the execution
imminent danger of being insolvent (Santos vs. finally sustained in whole or in part (Section motu prio (Lou vs. Siapno, 335 SCRA 181).
Mojica, Jan. 4, 1969).
3, Rule 39).
 20 Feb 2023

Is it required that the losing party be notified of Where should one file his motion for May one file the motion for execution with
the motion for execution? the appellate court?
execution?
We have repeatedly held that once a judgment becomes final,
⚫ Execution shall be applied for in the COURT OF ORIGIN.
the prevailing party is entitled as a matter of right to a writ of
execution and its issuance is the trial court's ministerial duty. ⚫ If the appeal has been duly perfected and finally resolved, the The appellate court may, on
When a prevailing party files a motion for execution
of a final and executory judgment, it is not mandatory
execution may forthwith be applied for in the court of origin,
on motion of the judgment obligee, submitting therewith
motion in the same case, when
for such party to serve a copy of the motion to the certified true copies of the judgment or judgments or the interest of justice so
adverse party and to set it for hearing. The absence of
such advance notice to the judgment debtor does not
final order or orders sought to be enforced and of the
entry thereof, with notice to the adverse party (Section requires, direct the court of
constitute an infringement of due process (Mejia-Espinoza
vs. Carino, GR193397, January 25, 2017).
1, Rule 39).
⚫ NOTE: In an appealed decision, there is no need to wait for
origin to issue the writ of
the records of the case. execution (Sec. 1, Rule 39).

What is the lifetime of the writ of How may final and executory judgment or
order be executed? What is revival of judgment?
execution?
⚫ It is an action intended to secure the execution of a previous
The writ shall continue in effect during • Within five (5) years from the date of judgment which has become dormant after the passage of five
years without it being executed upon motion of the prevailing
the period within which the judgment By motion its entry. party.
may be enforced. Hence the writ may be Section 6, Rule 39 ⚫ It is not intended to re-open any issue affecting the merits of

enforced within the five-year period • After the lapse of such time, and
the case judgment debtor’s case nor the propriety or
correctness of the first judgment.
from entry of judgment because before it is barred by the statute of ⚫ It is a new and an independent action separate and distinct from
within that period, the writ may be By action limitations the previous action sought to be revived. The cause of action is
enforced by motion (Sec. 6, Rule 39). the judgment itself (Saligumba vs. Palanog, 573 SCRA 8,
15-16).
 20 Feb 2023

What are the defenses that may be Which court has jurisdiction over an
invoked in an action to revive?
Please take NOTE: action for revival of judgment?
⚫ Jurisdictional defenses ⚫The revived judgment may also be enforced by Heirs of Miranda, Sr., vs. Miranda, GR 179638, July 8,
⚫ Prescription motion within five (5) years from the date of its 2013 – An action for revival of judgment may be filed either in
entry and thereafter by action before it is barred by the same court where the judgment was rendered or in the
⚫ Payment
place where the plaintiff or defendant resides or in any other
⚫ Other defenses arising after the finality of judgment the statute of limitations (Section 6, Rule 39; place designated by the statutes.
⚫ NOTE: PNB vs. Bondoc, 14 SCRA 770, 770-772). VENUE:
⚫ Itmay even be subject to counterclaims arising out of ⚫The rule abandoned the previous ruling of the Infante vs. Aran Builders, 531 SCRA 123 – the proper
the transactions not connected with the former Supreme Court in PNB vs Deloso and Luzon venue depends on the determination of whether the present
controversy (Basilonia vs. Villaruz, August 10, Surety vs. IAC. action for revival judgment is real or personal action.
2015)

May the running of the five-year period be

Please take NOTE: interrupted?
What are the judgments that are not stayed by appeal?

⚫ If the writ of execution was issued and levy made within The Court in certain instances, allowed execution of the SECTION 4. Judgments Not Stayed by Appeal. — Judgments in
five years from entry of the judgment, the auction sale judgment by mere motion despite the lapse of he five-year actions for 1) injunction, 2) receivership, 3) accounting and
may be made even after the five year period. The sale of time. In many instances, the delays in the execution of 4) support, and such other judgments as are now or may
the property and the proceeds are merely means to judgment were through causes clearly attributable to the hereafter be declared to be immediately executory, shall be
carry the writ of execution and a levy already validly judgment debtor as when he employs legal maneuvers to block enforceable after their rendition and shall not be stayed by an
made. Accordingly and the application of the proceeds the enforcement of the judgment. Delays attributable to the appeal taken therefrom, unless otherwise ordered by the trial
are merely, the levy is the essential act by which the defendant have the effect of suspending the running of the court. On appeal therefrom, the appellate court in its discretion
property is set apart for the satisfaction of judgment
prescriptive period for the enforcement of the judgment may make an order suspending, modifying, restoring or granting
(Government vs. Echaus, 71 Phil. 318; Vda de
(Camacho vs. CA, 287 SCRA 611; Republic vs. CA, 260 the injunction, receivership, accounting, or award of support.
Quiambao vs. Manila Motor, 3 SCRA 444).
SCRA 344, 349-350).
 20 Feb 2023

How is execution effected if the obligee or How to execute a money judgment?

How to execute a money judgment?
judgment obligor dies? ⚫ The officer shall enforce an execution of a judgment for money be
demanding from the judgment obligor the immediate payment of the
⚫ In case of the death of the judgment obligee, upon the application of his full amount stated in the writ of execution and all lawful fees. Judgment ⚫The officer may levy on debts due the
executor or administrator, or successor in interest (Section 7[a], Rule
39).
obligor shall pay in cash or certified check. It shall be paid directly to
the judgment oblige or his representative. If not available, to the
judgment obligor and other credits, including
⚫ In case of the death of the judgment obligor, against his executor or executing sheriff. (Section 9[a], Rule 39). bank deposits, financial interests, royalties,
administrator or successor in interest, if the judgment be for the recovery
of real or personal property, or the enforcement of a lien thereon
⚫ If the cash payment is not sufficient, then the sheriff shall levy any
properties which may be disposed of for value, except properties
commissions and other personal property not
(Section 7[b], Rule 39). exempt from execution. The judgment obligor has the right to choose capable of manual delivery in the possession
what properties to be levied sufficient to satisfy the judgment. If the
⚫ In case of the death of the judgment obligor, after execution is actually
levied upon any of his property, the same may be sold for the satisfaction obligor did not choose, the officer shall levy personal property first or control of third parties.
of the judgment obligation, and the officer making the sale shall account to that are sufficient to satisfy the judgment, then the real properties ⚫This is garnishment (Section 9[c], Rule 39).
the corresponding executor or administrator for any surplus in his hands (Section 9[a], Rule 39).
(Section 7[c], Rule 39).

How is garnishment effected? How is garnishment effected? Execution of money judgment, simplified:
⚫1) By serving notice upon the person owing such ⚫If not, the report shall state how much funds or Sec. 9, Rule 39
debts or having in his possession or control such credits the garnishee holds for the judgment obligor. Sheriff may also
garnish credit and
credits to which the judgment obligor is entitled. The garnished amount in cash, or certified bank check If judgment debts.
obligor does not
⚫2) The garnishee shall make a written report to the
issued in the name of the judgment obligee, shall be If judgment choose, sheriff
delivered directly to the judgment obligee within ten obligor cannot pay shall levy personal
court within five (5) days from service of the notice Sheriff will in cash, he shall property first,
(10) working days from service of notice on said demand for choose property then real property
of garnishment stating whether or not the payment. to be levied and
garnishee requiring such delivery, except the lawful sold.
judgment obligor has sufficient funds or credits to
fees which shall be paid directly to the court (Section
satisfy the amount of the judgment.(Section 9[c], 9[c], Rule 39).
Rule 39).
 20 Feb 2023

Please take NOTE: How is specific act executed? How is sale of personal or real
⚫ If a judgment directs a party to execute a conveyance of land or
property executed?
⚫It is not proper for the sheriff to immediately personal property, or to deliver deeds or other documents, or

levy the property of the judgment debtor. He

to perform any other specific act in connection therewith, and the ⚫ If the judgment be for the sale of
party fails to comply within the time specified, the court may direct the
must first make a demand to pay. Only when the act to be done at the cost of the disobedient party by some other real or personal property, to sell
person appointed by the court and the act when so done shall have
judgment debtor does not pay, after demand that like effects as if done by the party. If real or personal property is such property, describing it, and
the sheriff is authorized to levy the properties of situated within the Philippines, the court in lieu of directing a
conveyance thereof may by an order divesting the title of any apply the proceeds in conformity
the judgment debtor (Leachon vs. Pascua,
A.M. No. P-11-2972, September 28, 2011).
party and vest it in others, which shall have the force and effect of a
conveyance executed in due form of law (Section 10 [a], Rule 39). with the judgment. (Section 10 [b],
Rule 39).

How is delivery of delivery or How is delivery of personal

How is removal of improvements on
restitution of real property
property subject of execution enforced? property executed?
executed?
⚫ The officer shall demand of the person against whom the ⚫The officer shall not destroy, demolish or ⚫In judgments for the delivery of personal
judgment for the delivery or restitution of real property is
rendered and all persons claiming rights under him to peaceably remove said improvements except upon property, the officer shall take possession of
vacate the property within three (3) working days, and restore special order of the court, issued upon the same and forthwith deliver it to the party
possession thereof to the judgment obligee; otherwise, the officer
shall oust all such persons therefrom with the assistance, if motion of the judgment obligee after due entitled thereto and satisfy any judgment for
necessary, of appropriate peace officers, and employing such hearing and after the former has failed to money as therein provided (Section 10 [e],
means as may be reasonably necessary to retake possession, and
place the judgment obligee in possession of such property.
remove the same within a reasonable time Rule 39).
(Section 10 [c], Rule 39). fixed by the court (Section 10 [d], Rule
39).
 20 Feb 2023

Is contempt a proper remedy in case the What are properties not subject to
What is the effect of levy on
judgment obligor refuse to vacate execution?
the property? execution to third person?
⚫ (a) The judgment obligor's family home as provided by law, or the
homestead in which he resides, and land necessarily used in
⚫ No. what the sheriff should do is to dispossess him of the ⚫The levy on execution shall create a lien in connection therewith;
property and if after dispossession, the judgment debtor favor of the judgment obligee over the right, ⚫ (b) Ordinary tools and implements personally used by him in his trade,
employment, or livelihood;
should execute acts of ownership or possession or in any title and interest of the judgment obligor in ⚫ (c) Three horses, or three cows, or three carabaos, or other beasts of
manner disturb the possession of the judgment creditor, such property at the time of the levy, subject burden, such as the judgment obligor may select necessarily used by
then and only then may he be punished for contempt him in his ordinary occupation;
(Pascua vs. Heirs of Segundo Simeon, 161 SCRA
to liens and encumbrances then existing. ⚫ (d) His necessary clothing and articles for ordinary personal use,

1, 5). (Section 12, Rule 12). excluding jewelry;

What are properties not subject to What are properties not subject to What is the procedure if the property of
execution? execution? third party is levied?
⚫ (e) Household furniture and utensils necessary for housekeeping, and used ⚫ (i) So much of the salaries, wages, or earnings of the judgment obligor for ⚫Basic principle: the execution may issue only upon
for that purpose by the judgment obligor and his family, such as the his personal services within the four months preceding the levy as are
judgment obligor may select, of a value not exceeding one hundred necessary for the support of his family; a person who is a party to the action or proceeding,
thousand pesos; ⚫ (j) Lettered gravestones; and not against one who did not have his day in
⚫ (f) Provisions for individual or family use sufficient for four months; ⚫ (k) Monies, benefits, privileges, or annuities accruing or in any manner court (Philippine Coconut Federation, Inc., vs.
⚫ (g) The professional libraries and equipment of judges, lawyers, physicians, growing out of any life insurance;
pharmacists, dentists, engineers, surveyors, clergymen, teachers, and
Republic, October 16, 2016).
⚫ (l) The right to receive legal support, or money or property obtained as
other professionals, not exceeding three thousand pesos in value; such support, or any pension or gratuity from the Government; ⚫Thus, the property not owned by the judgment
⚫ (h) One fishing boat and accessories not exceeding the total value of one ⚫ (m)Properties specially exempted by law. debtor or by one not a party to the case should not
hundred thousand pesos owned by a fisherman and by the lawful use
of which he earns his livelihood; be levied.
 20 Feb 2023

What is the procedure if the property of What is the procedure if the property of Suppose damage was incurred by the third
third party is levied? third party is levied? party on account of officer’s taking and keeping
of his property, when should the action against
⚫Under the Rules, a person not a party to the ⚫ After receipt of the affidavit of claim, what should the the bond be filed?
action, claiming a property levied upon may execute sheriff do?
an affidavit of his title or right of possession over ⚫ The action should be filed within one hundred twenty
⚫ The officer shall not be bound to keep the property, unless such
the property. The affidavit shall be served upon the (120) days from the date of the filing of the bond. Under
judgment obligee, on demand of the officer, files a bond
Section 16, Rule 39, it is provided that No claim for
officer making a levy and a copy thereof must also approved by the court to indemnify the third-party claimant in a
sum not less than the value of the property levied on. The damages for the taking or keeping of the property may be
be served upon the judgment oblige (Section 16, enforced against the bond unless the action therefor is
officer shall not be liable for damages for the taking or keeping
Rule 39). This remedy of the claiming party is called filed within one hundred twenty (120) days from the date
of the property, to any third-party claimant if such bond is filed.
TERCERIA. (Section 16, Rule 39). of the filing of the bond.

What are the remedies of a third party in What is the remedy of the judgment Examination of Judgment Obligor When
case his property is levied? obligee in case the claim of the third Judgment Unsatisfied
party is frivolous? ⚫ When the return of a writ of execution issued against
property of a judgment obligor, or any one of several
The third party can
ask the court to
The third party can The third party can ⚫The judgment obligee may claim obligors in the same judgment, shows that the judgment
avail the remedy of file a separate action remains unsatisfied, in whole or in part, the judgment
quash writ of
execution.
terceria. to nullify the levy damages in the same or a separate action obligee, at any time after such return is made, shall be
entitled to an order from the court which rendered
against a third-party claimant who filed a the said judgment, requiring such judgment obligor
to appear and be examined concerning his property
frivolous or plainly spurious claim and income before such court or before a commissioner
appointed by it, at a specified time and place; and
(Section 16, Rule 39). proceedings may thereupon be had for the application of the
Ching vs. CA,
423 SCRA 356
property and income of the judgment obligor towards the
satisfaction of the judgment (Sec. 36, Rule 39).
 20 Feb 2023

Examination of Obligor of Judgment

Rationale for Promulgation of the Rule
Obligor
⚫ When the return of a writ of execution against the property
of a judgment obligor shows that the judgment remains To achieve an
unsatisfied, in whole or in part, and upon proof to the
satisfaction of the court which issued the writ, that a person,
expeditious
corporation, or other juridical entity has property of such RULES ON SUMMARY PROCEDURE and
judgment obligor or is indebted to him, the court may, by an
order, require such person, corporation, or other juridical
entity, or any officer or member thereof, to appear before
inexpensive
the court or a commissioner appointed by it, at a time and
place within the province or city where such debtor resides
determination
or is found, and be examined concerning the same. (Sec.
37, Rule 39).
of the cases

Applicability Scope Rules of Procedure for Small Claims

⚫ CivilCases
This rule shall govern the summary ⚫ All cases of forcible entry and unlawful detainer,
Scop This Rule shall govern the procedure in
actions before the Metropolitan Trial
procedure in the Metropolitan Trial irrespective of the amount of damages or unpaid rentals e Courts, Municipal Trial Courts in Cities,
Courts, the Municipal Trial Courts in sought to be recovered. Where attorney's fees are Municipal Trial Courts and Municipal
awarded, the same shall not exceed twenty thousand Circuit Trial Courts for payment of money
Cities, the Municipal Trial Courts, and the pesos (P20,000.00). where the value of the claim does not
Municipal Circuit Trial Courts in the ⚫ All other civil cases, except probate proceedings, where exceed Four Hundred Thousand Pesos
following cases falling within their the total amount of the plaintiff's claim does not exceed (P400,000.00) exclusive of interest and
jurisdiction. (P200,000.00), exclusive of interest and costs. costs (Section 1, as amended).
 20 Feb 2023

Rules of Procedure for Small Claims Claim and demand from: Where the RRSP does not apply
Applicability ⚫ Money owed under the following: ⚫This Rule shall not apply to a civil case where
The Metropolitan Trial Courts, Municipal ◦ 1. Contract of Lease;
Trial Courts in Cities, Municipal Trial ◦ 2. Contract of Loan;
the plaintiff's cause of action is pleaded in the
Courts, and Municipal Circuit Trial ◦ 3. Contract of Services; same complaint with another cause of action
Courts shall apply this Rule in all actions ◦ 4. Contract of Sale; or subject to the ordinary procedure; nor to a
which are purely civil in nature where the ◦ 5. Contract of Mortgage;
criminal case where the offense charged is
claim or relief prayed for by the plaintiff is ⚫ For
liquidated damages arising from contract
solely for payment or reimbursement of ⚫ Enforcement of Barangay amicable settlement or arbitration necessarily related to another criminal case
sum of money.(Section 5, as award under the Local Government Code (Section 5, subject to the ordinary procedure (Section 1,
2016 Revised Rule of Procedure For Small Claims)
amended). RRSP).

Please take NOTE: Section 3 (A) What are the pleading allowed?
⚫ SECTION 2. Determination of applicability. — Upon
the filing of a civil or criminal action, the court shall issue
Complaints
an order declaring whether or not the case shall be
governed by this Rule. CIVIL CASE
Compulsory counterclaims
⚫A patently erroneous determination to avoid the
application of the Rule on Summary Procedure is a Cross-claims pleaded in the answer, and
ground for disciplinary action (RRSP).
the answers thereto.
 20 Feb 2023

What is the duty of the Court after Within what period should defendant file
Please take NOTE: determining that a case falls under summary his answer?
Section 3(B) procedure?
⚫ After the court determines that the case falls under Within ten (10) days from
Verifications. — All summary procedure, it may, from an examination of the
allegations therein and such evidence as may be attached
service of summons, the
defendant shall file his answer
pleadings shall be thereto, dismiss the case outright on any of the grounds
apparent therefrom for the dismissal of a civil action. to the complaint and serve a
verified. ⚫ If no ground for dismissal is found it shall forthwith issue copy thereof on the plaintiff
summons which shall state that the summary procedure
under this Rule shall apply (Section 4, RRSP).
(Section 5, RRSP).

Is the answer of the defendant subject to What is the effect if counterclaim and Within what period should answer to
omnibus motion rule? cross are not pleaded in the Answer? counter or cross-claim be filed?

YES. Affirmative and negative Cross-claims and The answer to counterclaims or

defenses not pleaded therein compulsory counterclaims cross-claims shall be filed and
shall be deemed waived, except served within ten (10) days
for lack of jurisdiction over the not asserted in the answer from service of the answer in
subject matter (Section 5, shall be considered barred which they are pleaded (Section
RRSP). (Section 5, RRSP). 5, RRSP).
 20 Feb 2023

What is the effect if defendant did not file Alconera vs. Malajucon, A.M. MTJ-00- Fairland Knitcraft Co., vs. Po, GR No.
an Answer? 1313, April 25, 2007 217694, January 27, 2016
⚫ Section 6 is clear that in case the defendant failed to file his
⚫Should the defendant fail to answer the complaint ⚫ The rules are unequivocal as to what a judge who is hearing
a summary proceeding is supposed to do when the answer, the court shall render judgment, either motu
within the period above provided, the court, motu defendant fails to file his answer within the reglementary proprio or upon plaintiff's motion, based solely on the facts
proprio, or on motion of the plaintiff, shall render period. The word "shall" indicates that the act of rendering alleged in the complaint and limited to what is prayed for.
judgment is mandatory and not discretionary upon him. The
judgment as may be warranted by the facts alleged in same specific requirement can be found in the rule on
The failure of the defendant to timely file his answer and to
the complaint and limited to what is prayed for Forcible Entry and Unlawful Detainer proceedings. controvert the claim against him constitutes his acquiescence
therein: Provided, however, that the court may in its Highlighting the absence of discretion is the fact that in the to every allegation stated in the complaint. Logically, there
proviso, the judge is given discretion as to the amount of is nothing to be done in this situation except to
discretion reduce the amount of damages and damages he is allowed to impose. It was therefore not within render judgment as may be warranted by the facts
attorney's fees claimed for being excessive or respondent's authority to accept defendant Labao's late
answer. alleged in the complaint.
otherwise unconscionable (Section 6, RRSP).

Luna vs Mirafuente, A.M. No. MTJ-05- When should preliminary conference What is the effect of failure of the parties
1610, September 26, 2006 scheduled? to appear during PC? Section 7, RRSP

⚫ The word "shall" in the above-quoted sections of the

1991 Revised Rule on Summary Procedure underscores ⚫Not later than thirty (30) days after the last Plaintiff • Dismissal of complaint
their mandatory character. Giving the provisions a answer is filed, a preliminary conference shall
directory application would subvert the nature of the
Rule and defeat its objective of expediting the be held. The rules on pre-trial in ordinary
adjudication of the suits covered thereby. To admit a late cases shall be applicable to the preliminary Defendant • Entitled to judgment on his
answer is to put a premium on dilatory maneuvers — conference unless inconsistent with the appears, counterclaim
the very mischief that the Rule seeks to redress. plaintiff did
provisions of this Rule (Section 7, RRSP). not • All cross-claims dismissed
 20 Feb 2023

What is the effect if the defendant did not Five Star Marketing vs. Booc, GR No. What should the Court do after
appear? 143331, October 5, 2007 termination of PC?
⚫ Applying the foregoing provisions, the MTCC was indeed
⚫If a sole defendant shall fail to appear, the plaintiff
shall be entitled to judgment in accordance with
empowered to decide the case on the basis of the complaint
filed by the petitioner. The Court once pronounced in the Within five (5) days after the
Section 6 hereof. This Rule shall not apply where
case of Tubiano v. Razo that the MTC and the RTC were
correct in declaring the decision submitted for decision
termination of the preliminary
one of two or more defendants sued under a based solely on the complaint, upon failure of the petitioner conference, the court shall issue
common cause of action who had pleaded a (respondent herein) to appear at the preliminary conference.
⚫ The word "shall" used in the above cited provision makes
an order stating the matters taken
common defense shall appear at the preliminary
conference (Section 7, RRSP).
the appearance of the parties mandatory. The Court up therein (Section 8, RRSP).
excuses the non-appearance only in cases where there is a
justifiable cause offered for the failure to attend.

What are the matters that should be When should position paper of the parties
When should judgment be rendered?
taken up during PC? be submitted?
⚫ a) Whether the parties have arrived at an amicable settlement, ⚫Within ten (10) days from receipt of the order Within thirty (30) days after receipt
and if so, the terms thereof;
mentioned in the next preceding section, the
⚫ b) The stipulations or admissions entered into by the parties;
of the last affidavits and position
⚫ c) Whether, on the basis of the pleadings and the stipulations and parties shall submit the affidavits of their
admissions made by the parties, judgment may be rendered
witnesses and other evidence on the factual
papers, or the expiration of the
without the need of further proceedings, in which event the
judgment shall be rendered within thirty (30) days from issues defined in the order, together with their period for filing the same, the court
issuance of the order;
⚫ d) A clear specification of material facts which remain position papers setting forth the law and the shall render judgment (Section 10,
controverted; and facts relied upon by them (Section 9, RRSP). RRSP).
⚫ e) Such other matters intended to expedite the disposition of the
case (Section 8, RRSP).
 20 Feb 2023

Please take NOTE:

BUT:
⚫Should the court find it necessary to clarify certain
material facts, it may, during the said period, issue The court shall not
an order specifying the matters to be clarified, and resort to
require the parties to submit affidavits or other clarificatory
evidence on the said matters within ten (10) days procedure to gain
from receipt of said order. Judgment shall be time for the
rendered within fifteen (15) days after the receipt rendition of the
of the last clarificatory affidavits, or the expiration judgment (Section
of the period for filing the same. 10, RRSP).