Q: What is a cause of action?

A: Cause of Action – the act or omission by which a party violates a right of another (Section 2,
Rule 2). It is predicated upon a provision of substantive law.

Q: What is a right of action?

A: Right of Action (right to file suit) – the right to invoke the rules of procedure and file a suit
against the defendant. It is procedural in character; the consequence of the violation of the right
of the plaintiff

Q: Is it enough that there is a cause of action against another?

A: NO. The Rule is that here is no right of action where there is no cause of action. It is not
enough that a party has a cause of action. It must be enforced against the person who violated
his right.

Q: In determining the existence of a cause of action, does it involve inquiry upon substantive
law?
A: YES. It supplies the legal basis for the existence of the right itself and the corresponding legal
prerogative to demand its protection. The substantive law is the very foundation of procedural
law.

Q: The right of action is procedural in nature because?

A: It outlines the methods and processes by which one may sue another for the enforcement or
protection of his rights.

Q: What is Substantive law as distinguished from Remedial law?

A:
Substantive law creates, defines, and regulates rights and duties concerning life, liberty or
property. It supplies the legal bassos for the existence of the right itself and the corresponding
legal prerogative to demand its protection.

Remedial law (Procedural law) lays down the methods by which the rights and obligations
arising from substantive law are protected, enforced and given effect. It outlines the methods
and processes by which one may sue another for the enforcement or protection of his rights.

Q: When does the Rules of Court come into play?

A: Upon the filing of the:
Complaint – Civil Action
Information – Criminal Action
Petition – Special Proceedings
Statement of Claims – Small Claims Cases

Q: Give one (1) rule applicable in the preparation of a complaint.

A:
Rule 2 – Cause of Action
Rule 3 – Parties to Civil Actions
Rule 4 – Venue of Actions
Rule 7 – Parts of a Pleading
Rule 8 – Manner of Making Allegations in Pleadings

PROCEDURE:

1. Drafting of the Complaint

2. Filing of the Complaint

Q: What is filing?
A: Filing is the act of personally presenting the pleading to the court (office of the clerk of court).

Q: What is the importance of filing the complaint to the court?

A:
Jurisdictional Aspect
Determination of Docket Fees – correct payment of full and complete docket fees

Q: What is the effect of non-payment of docket fees?

A:
No jurisdiction is acquired. Hence, the case will be dismissed.
In practice, if there is insufficient payment of docket fees as alleged by the adverse party, the
court orders the party to correct the payment. Only when said order is violated will the case be
dismissed.

Q: When is the payment of docket fees not required?

A:
Indigent litigants (a) whose gross income and that of their immediate family do not exceed an
amount double the monthly minimum wage of an employee and (b) who do not own real
property with A FAIR MARKET VALUE AS STATED IN THE CURRENT TAX DECLARATION of
more than THREE hundred thousand (P300,000.00) pesos shall be exempt from the payment of
legal fees (Section 19, Rule 141).

If it is then government who filed the suit; The Republic of the Philippines, its agencies and
instrumentalities are exempt from paying the legal fees provided in the rule. Local governments
and government-owned or controlled corporations with or without independent charters are not
exempt from paying such fees (Section 22, Rule 141).

Special Proceedings

Q: After the filing of complaint, what happens next?

A: The case is raffled. The case will be assigned to a particular branch.
Provisional Remedies must be in the complaint. They are ancilliary in nature which means that
they cannot stand alone.
Q: What are the Provisional Remedies available?
A: AIRRS.
Attachment. Injunction. Receivership. Replevin. Support Pendente Lite.

a. Plaintiff’s Options

i. Dismissal of Action via Notice of Dismissal (Rule 17, Sec. 1)

ii. Dismissal of Action via Motion to Dismiss (Rule 17, Sec. 2)
iii. Amendment of Complaint (Rule 10)
 As a Matter of Right – at any time before a responsive pleading is
served; In case of a reply, at any time within ten (10) days after it
is served.
 With Leave of Court – leave may be refused if it appears to the
court that the motion was made with intent to delay.

b. Defendant’s Options (After the acquisition of jurisdiction over the defendant =

after service of summons)

i. Answer – filed within 15 days from service upon him of the summons and
copy of the complaint
ii. Motion for Bill of Particulars (Rule 12)
iii. Motion to Dismiss (Rule 16)
iv. Motion to Dismiss Due to the Fault of the Plaintiff (Rule 17, Sec. 3)

c. Court’s Option

i. Motion to Dismiss Due to the Fault of the Plaintiff (Rule 17, Sec. 3)

3. Service of Summons

Summons is a coercive process which places the person, even of the unwilling defendant,
under the jurisdiction of the court.

Q: What is a service?
A: Service is the act of furnishing the other party or counsel.

Q: Why is service of summons important?

A: Because a valid service of summons is required to acquire jurisdiction over the defendant.

Q: What are the different modes of service of summons and their rationale?
A:
Personal Service – it is the defendant himself who affixes his signature. Defendant cannot deny
personal receipt of summons.
*Served thru tender – if the defendant refuses to sign.

Substituted Service (Manotoc v CA) – if there is impossibility of prompt service within a

reasonable time (so much time as is necessary under the circumstances for a reasonably
prudent and diligent man to do, conveniently, what the contract or duty requires that should be
done, having a regard for the rights and possibility of loss, if any[,] to the other party)

Effected by leaving copies of the summons at:

(a) the defendant’s residence with some person of suitable age and discretion then residing
therein; or
(b) defendant’s office or regular place of business with some competent person in charge
thereof.

Q: In case of personal service, what if the defendant is a corporation?

A: Served upon the president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel (E.B. Villarosa v. Benito; Section 11, Rule 14).

Q: How is service by publication effected?

A: By plaintiff’s motion to serve the summons by publication
Conditions: If the whereabouts or the identity of the defendant is/are unknown;

To be a newspaper of general circulation, it is enough that "it is published for the dissemination
of local news and general information; that it has a bona fide subscription list of paying
subscribers; that it is published at regular intervals." (Basa v. Mercado, 61 Phil. 632).

Q: Extraterritorial Service
A:
When the defendant does not reside and is not found in the Philippines, and the action affects
the personal status of the plaintiff or relates to, or the subject of which is, property within the
Philippines, in which the defendant has or claims a lien or interest, actual or contingent, or in
which the relief demanded consists, wholly or in part, in excluding the defendant from any
interest therein, or the property of the defendant has been attached within the Philippines

When the defendant who ordinarily resides within the Philippines is temporarily out of it

Q: When is an alias summons issued?

A: When the summons has been lost

4. Filing of Answer

Q: What are the legal implications if the defendant files an answer?

A:
Defendant submits himself to the jurisdiction of the court
Issues will be joined. After which, the case will be ripe for decision (the case may be decided).
*Case may be set for pre-trial or be susceptible to Rules 34 (Judgment on the Pleadings) or 35
(Summary Judgment) depending on the grounds without hearing.

Q: What are the grounds under Rule 34?

A: the answer fails to tender an issue, or otherwise admits the material allegations of the
adverse party's pleading

Q: What is the ground under Rule 35?

A: the pleadings, supporting affidavits, depositions, and admissions on file, show that, except as
to the amount of damages, there is no genuine issue as to any material fact

a. Motion to Declare Defendant in Default (Rule 9) – if the defendant fails to file an

Answer within the reglementary period
*If criminal case, file for provisional dismissal of the case and revive it later.

b. Motion to Render Judgment

c. Motion for Judgment on the Pleadings (Rule 34)

o Ground: Said answer does not tender any issue or otherwise
admits the material allegations in the complaint.

d. Motion for Summary Judgment (Rule 35)

o Ground: While the answer filed tenders issues as specific denials
and affirmative defenses are pleaded, the issues raised are sham,
fictitious, or otherwise not genuine.

Motion to Dismiss and Motion for Bill of Particulars suspend the reglementary period of fifteen
(15) days.

Q: What is the effect of Motion to Dismiss and Motion for Bill of Particulars?
A:
Motion to Dismiss – the case will be dismissed.
Motion for Bill of Particulars – the plaintiff is given time to cure the defect.
Neypes Rule – applies in appeal but not in Motions to Dismiss and for Bill of Particulars.

5. Pre-Trial – if the defendant files an answer.

Q: If the plaintiff did not file a motion to set the case for pre-trial, what will happen?
A: Although as a general rule it is the duty of the plaintiff, it is incumbent upon the court or clerk
of court to set the case for pre-trial.

Q: Prior to the conduct of pre-trial, the law requires the filing of what?
A: Pre-trial brief.

Q: What are the components of pre-trial?

A:
Philippine Mediation Center (PMC) – before a mediator
Judicial Dispute Resolution (JDR) – before a judge
Preliminary Conference
Pre-trial itself

PMC has 30 days to settle the case.

Upon its success, the compromise agreement should be subjected to the approval of the court.
It bears the imprimatur of the court and is considered a court decision. If the compromise
agreement is violate, the remedy is to file a Motion for Execution (immediately executor).
Upon its failure, the case goes back to the court.

In JDR, the judge discusses the case (merits) before the parties.
If successful, there will be a compromise agreement.
If unsuccessful, the case is re-raffled to another branch, unless it can be retained in the same
branch or if the parties agrees on it.

In the Preliminary Conference, there is pre-marking of evidence, identification of witness/es and

stipulation of facts.

Q: When to file a pre-trial brief?

A:
In practice – ask the court. But it is sure that it must be filed prior to the conduct of the pre-trial.

Q: What is the rationale why the court included PMC and JDR?
A: Possibility of amicable settlement.

a. Referral to Philippine Mediation Center (PMC)

b. Referral to Judicial Dispute Resolution (JDR)

c. Preliminary Conference

i. Pre-Trial Brief (Rule 18)

d. Pre-Trial Proper

6. Trial Proper

Q: In an ordinary civil case, it is the plaintiff who presents the evidence first. The presentation of
evidence in chief is known as?
A: Direct Examination

Q: Under the Judicial Affidavit Rule (JAR), an examination or presentation of evidence can be in
written form?
A: Judicial Affidavit is considered as direct examination.

Q: Generally, all cases can be referred to the PMC except:

A:
1. Civil cases which by law cannot be compromised, as follows: (Art. 2035)
 The civil status of persons;
 The validity of a marriage or a legal separation;
 Any ground for legal separation;
 Future support;
 The jurisdiction of courts; and
 Future legitime.
2. Civil aspect of non-mediatable criminal cases;
3. Petitions for Habeas Corpus;
4. All cases under Republic Act No. 9262 (Violence against Women and Children); and
5. Cases with pending application for Restraining Orders/Preliminary Injunctions.
However, in cases covered in numbers 1, 4 and 5 where the parties inform the court that they
have agreed to undergo mediation on some aspects thereof, e.g., custody of minor children,
separation of property, or support pendente lite, the court shall refer them to mediation.

Q: What is the order for presentation of evidence?

A: Direct Examination. Cross-examination by opposing counsel. Re-direct Examination. Re-
cross Examination by opposing counsel.

Q: What happens after the re-cross examination?

A: Conduct of clarificatory questions.

Q: After the last witness has been presented, what is next?

A: Formal Offer of Evidence.

Q: Is there any pleading that may be filed after the formal offer of evidence?
A: Comment or Opposition.

The court may issue a resolution or order on the formal offer of evidence.

Q: After the court admits the formal offer of evidence, what happens next?
A: The plaintiff will rest his case, upon admission of the same.

Q: If you offered four (4) witnesses but Exhibit C was not admitted, what are the remedies
available?
A:
Motion for Reconsideration – if you cannot offer or produce the same
Tender of Excluded Evidence

Q: After the plaintiff has rested his case, is there any procedural technique available?
A: Demurrer to Evidence.

Defendant presents evidence. The same process and remedies available to the plaintiff are
applicable.

The court allows rebuttal evidence after the presentation by the defendant.

Q: How many days are for trial?

A:
Depends on court dockets
Civil case – 90 to 180 days

a. Presentation of Evidence
i. Formal Offer of Evidence (Rule 132)
ii. Judicial Affidavit (Judicial Affidavit Rule)
iii. Comment/Opposition

b. When Evidence is not Admitted

i. Tender of Excluded Evidence (Rule 132)
 When the evidence was denied
ii. Motion for Reconsideration
 When no formal offer was made
iii. Demurrer of Evidence (Rule 132)

c. Motion to Dismiss (Grounds: Prescription or Res Judicata)

d. Judgment on the Pleadings (Rule 34)

Q: After resting of the case and submission of the same for decision, what is next?
A: Judgment.

Decision if civil. Judgment if criminal.

7. Judgment

Q: How many days are given to decide the case?

A:
If Civil,
Lower Courts – normally 90 days
Supreme Court – perpetual
If Criminal (Continuous Trial Rule – Effective September 1, 2017)
For trial:
Ordinary Criminal Cases – 180 days
Dangerous Drugs Cases – 60 days
For decision:
Ordinary Criminal Cases – 90 days
Dangerous Drugs Cases – 15 days

Q: If the decision comes out, what are the remedies available to the parties?
A: It depends of the decision if final or not.

a. Post-Judgment Remedies
i. Remedies BEFORE Judgment Becomes Final and Executory
 Motion for Reconsideration
 Motion for New Trial
 If Nos. 1 and 2 are denied: Appeal

ii. Remedies AFTER Judgment Becomes Final and Executory

 Petition for Relief
 Action to Annul Judgment (Rule 39)
 Certiorari (Rules 43 and 65)
 Attack against Judgment Collaterally when nullity of judgment is
plain and evident on its face

b. Entry of Judgment (Rule 39)

8. Execution

a. Motion for Execution

*If no execution after a number of years, it should be by independent action and not
mere motion.

Q: At any stage, what motions may be filed?

A:
Motion to Render Judgment upon Compromise
Motion to Withdraw with Substitution of Counsel
Motion to Reset