Parties- should be real parties in interest meaning they should have an existing interest in the case

indispensable party- no option but to join him. If he is an unwilling party make him the defendant. Without them there can
be no final determination of the case.
Exemptions to joining indispensable parties:
1. class suit
2. co-owners under the Civil Code of property
3. when all representatives of a judicial person are already included, non-joining of the juridical person is not fatal to the cause
of action.

if an indispensable party is not joined, the judgment rendered is void since it did not solve anything
Necessary parties- need to be joined to have complete relief. If not joined, the judgment is valid without prejudicing such
party not joined.

Pleadings must be written since it must be filed.

3 general types of pleading
1. claim
2. answer V the defense. May be negative (specific denial is needed: has 3 modes: deny everything, partial denial or no
knowledge of the issue.) or affirmative (alleged in the motion to dismiss.
- both negative or affirmative defenses are allowed in the answer in the alternative (sec 2 Rule or else they are deemed
admitted except lack of jurisdiction, res judicata or statue of limitation (sec 1 Rule 9).

3. Reply
Actionable Document: claim or defense is based on a written document. The words in the document create or extinguish rights. This
document is the ultimate fact. Different from a document which tends only to prove a fact.

How to plead an actionable document: (alternative)

1. substance is asserted and a copy is attached to the pleading
2. contents of the document are asserted verbatim.

How to contest an actionable document: Specific Denial, except;

1. if the defendant is not a party to the document
2. order of inspection of the original document is refused

negative pregnant: while denying allegations, some material facts are deemed admitted.

Alternative allegations- essential allegations, if not pleaded, may be denied. Allegations must be carefully studied. Mistake in
allegation can be amended in a motion to amend pleading.

Motion to dismiss: only affirmative defense is allowed..

all defenses, objections must be alleged in a motion to dismiss pursuant to the omnibus motion rule.
After filing of complaint, defendant may file;
1. motion to dismiss
2. motion for bill of particulars
3. answer
answer must be filed if motion to dismiss is denied.
Objections not raised, except lack of jurisdiction, lis dispendencia, res judicate and statute of limitation, are deemed waived.
If proven by evidence, a motion to dismiss is not needed. The court may dismiss the case.

Default:
Failure of the defending party to file an answer if he is required to and the court orders him to upon motion.
If there is no motion for default, an answer may be admitted upon motion.
Defendant in default losses his stand in the case. He cannot anymore participate in the trial.
Failure to answer a permissive counter claim does not make the plaintiff lose his standing in the case.
Where there is no default:
1. marriage cases
2. compulsory counterclaim
3. special civil action for expropriation

remedy: default may be lifted upon motion that failure to answer is due to FAME and the defendant has a meritorious
defense. There must be no judgment yet otherwise a different set of remedies must be resorted to.
If the defendant is in default, award to the plaintiff cannot be more than what is prayed for. The defendant may have opted
to be in default since he doesnt want to pay more than what is prayed for.
Unliquidated damages cannot also be awarded.
There is no implied admission in cases of default since there is no answer. It would be different if there is an answer and
specific denial is wanting, there is implied admission.
Note: If F.A.M.E. is alleged, it must be particularly stated (sec 5 Rule and must be under oath since what is submitted is an
affidavit of merit.

Counter-claims:
Permissive- may be alleged in a separate case
Compulsory- must be alleged in the same action or else it will be deemed waived, except;
1. where the amount of counterclaim is above or below the jurisdiction of the court, provided: an counterclaim lower than the
jurisdiction of the RTC, it shall be considered compulsory
2. if the counter claim involves in its adjudication the presence in the action of a party which the court cannot acquire
jurisdiction.

What pleadings must be responded to?:

Reply: need not be responded to. If the reply contains new allegation, answer is not needed to the reply since the original answer
may be amended.
any period is extendable if applied before the court. May be done orally in the presence of the adverse party. Motion to
extend period must be done before expiry of the original period.
Motion to admit V remedy if period to answer/reply already expired and there is no order of default.

Rule 13
Filing and Service

Substituted service of pleadings: if personal or service by mail cannot be done, service may be done by filing it to the clerk of court
with proof of failure to service personally or by mail.

Service by mail: either by registered mail(postage must be paid and instruction to return upon failure to deliver within 10 days) or
by ordinary mail.
Registered mail is more reliable since there is a registry return receipt/ card which is the proof of delivery.
Instruction to return may also be indicated in an ordinary mail.
Proof of mailing(affidavit) is also to be filed in court. Registry receipt is usually attached to this affidavit.
If what is mailed is a motion to be heard on a specific date, registry receipt must be brought to prove compliance with Rule
15 sec 4
Rule 14: Summons

Proper Service of Summons V important. To be able to acquire jurisdiction over the person of the defendant.
must be strictly followed.
3 types of service of summons;
1. personal service- handling to the defendant or tendering to the defendant, which is an offer of the summons as long as
defendant is aware of the summons. Handling over is preferred.
2. substituted service V
- residence V summons is left with a person of sufficient age and discretion residing within. Person left with the summons must
know that it should be given to the defendant.
- Office V competent person appearing to be in charge thereof.
- note: if the defendant is a juridical person:
a. domestic private entity V service may be madder to its president, managing partners, general manager, corporate secretary,
treasurer or in house counsel.

3. extra territorial service or service by publication;

sections 14, 15, 16 of Rule 14

if it is served to a natural person, resort to personal service.

Service of summons by publication is allowed only in in rem/quasi-in rem cases, when personal liability is irrelevant but will
bind the whole world. (status, property in the Phil, attachment of property). Leave of court must be obtained
Sec 15 (extraterritorial service) V in rem/quasi in rem cases, personal service is also preferred unless his whereabouts are
unknown, aside from publication, mailing of summons to his last known address must also be furnished.
Sec 16 (temporary out of the country) V service of summons may be, a.) effected outside of the Phil. b.) by substituted
service of summons.

Notice of lis pendens Vconstructive notice to the whole world that there is a pending action. Only when the title is affected i.e.
quieting of title, partition.

Foreclosure of mortgage: - action that affects title.

Notice of lis pendens will also affect unregistered property.

Note: if defendant is not properly served with summons, nonetheless he files an answer, it shall constitute as voluntary appearance
and the court shall obtain jurisdiction over his person.

Rule 19
Intervention: involves somebody other than the plaintiff or defendant. This motion is discretionary upon the court.
persons with legal interest in the pending case may intervene before rendition of judgment.
There should be a motion to intervene with the pleading in intervention.
Grounds to consider in intervention: 1. whether there will be delay of not, 2. if the rights of the intervener is better protected
in another proceeding.
Motion to intervene V pleading must be included
Complaint in intervention V unites with plaintiff
Answer in intervention V unites with defendant.
Pleading must be attached to help determination if intervention will be allowed.
Pre trial:
conducted after the last pleading has been filed because it is the only time were the complexion of the case may be defined.
The last pleading is not always the reply. Amendments may still be done and answer may still be filed.
Filing for pre-trial is on the plaintiff. If prompt motion for pre trial is not done, the case may be dismissed upon motion of the
defendant or upon the courts own motion.
Unreasonable length of time for filing for pre trial is a ground for dismissal un Sec 3 Rule 17
Personal appearance is required. Non appearance should be explained. If a representative is sent, he must be specially
authorized to appear in the pre trial.
 Authority:
> Party is a natural persons- Special power of attorney.
> Party is a juridical person V board resolution certified by the corporate secretary.
> authority must be in writing specifying that the representative is allowed to:
1. enter into an amicable settlement
2. submit alternative modes of dispute resolution
3. enter into stipulation or admission of facts and of documents.
* If the juridical person issues an SPA instead of a board resolution, if the person executing such had authority, it is as good as a
board resolution.
* pre trial order may expand the issues indicated in the pleadings if new issues are impliedly included on the original issues
* judge may order amendments of the pleadings he deems necessary which are not included therein.

Pre trial brief Vanything placed in the pre trial brief is binding to the client and is deemed as an admission.

witness indicated must be available in the trial date.

One-day examination rule V finishing of presentation on the day of presentation of witness.
Failure to furnish a pre trial brief is similar to having no pre trial at all.
Everything that happens in a pre trial conference is recorded.
If the court, after the pre trial, that issues still exists, must hold the trial and have the pre trial brief issued.
Pre trial order V indicates the issues to be resolved. Essential to a trial.
- controls the subsequent course of the action and limits the issues to be tried.

omission of an issue in the pre trial order may still be proved (sec5 Rule 30) if the court allows it for special reasons. If denied,
an amendment may be sought after to the pleadings (sec 5 Rule 10)

modes if discoveries
mandatory discovery- sec 6 Rule 25 V written interrogatories is needed to compel an adverse party to testify in open court
or give deposition pending appeal.
Optional- all other modes of discovery are optional.
Discovery is permitted if the jurisdiction over the person of the defendant is acquired.
If answer is not yet filed, leave of court is needed to conduct discovery. But if answer is already filed and served, just do it.

Limitation of discovery
1. not privileged
2. relevant to the issues.

Discovery cannot be unrestricted. If there is still no answer, the issues have not yet been defined and the courts must set the
parameters for discovery
Admissibility- quality of a fact to be admitted in a judicial proceeding.
Relevancy V scope of examination
Competency V no law or rule excludes such fact

Deposition - Should not take place of a testimony. By nature, hearsay. The judge has no opportunity to observe the giving of
deposition.
- generally not admissible in evidence except as mentioned in sec 4 Rule 23

Subpoena
V issued only when the witness is not willing to appear in court.
V Not effective to bring out a prisoner out of court. If prisoner is convicted with a penalty of death, life or reclusion perpetua,
SC approval is needed to take him to court. If denied and his testimony is indispensable, the testimony may be taken in the prison.
Same rule is there is no conviction yet but possible penalties are the same.
V If not yet convicted but detained, the approval of the court handling the criminal case is needed.
 disobedience with the order of subpoena will be sanctioned, depending on the circumstances.
If the person being subpoenaed is living more than 100 km from the courthouse or when payment for production of
documents are not yet tendered, he is not bound to obey the subpoena
Subpoena may be ad testificandum, for testimonies, or duces tecum for documents

Remedy from subpoena:

quashing of the subpoena- if oppressive, or seeks privileged information in cases of ad testificandum. Or in cases of duces tecum,
when no payment is tendered, production is oppressive or production is unnecessary.

Rule 31 Consolidation
V several cases with commonality in fact and in law
V there are several causes of action but has commonality of fact or law
V to be filed in the Supreme Court

3 ways to consolidate:
1. merger- all or most cases will be brought to one judge. All of the cases will maintain its own name.
2. recasting method V several cases will be recast to one surviving case. The surviving case will depend on the
agreement and all will have part in the surviving case
3. test case method- several plaintiff with one defendant. The weakest plaintiff case will be determined and if it will
win, all other cases will also win. If test case loses, the others will be tried.

consolidation is regularly done. Criminal cases may be consolidated with civil cases.

Severance/ separate trials

one case which involves several parties/claims
when properly joined cases and one case is delayed, such case may be separated in trial
there is still one case but the trial is separated.

Trial
sec 5 Rule 30 is not a rigid rule. The order of presentation of evidence may be altered.
If there are several defendant but one was not served summons, his trial must be separated in order that the trial of the
others may resume.

Judgment
it must conform with the requites of: being in writing, prepared directly and personally by the judge, sating clearly the facts
and law which it is based, signed by him and filed to the clerk of court.
These requirements also apply in summary procedure.
The general rule is: one judgment for one case. If several cases are consolidated, one decision may be rendered.
Sections 3, 4, 5 of Rule 36 cites several judgment in one case.
Interlocutory V when the order/decision does not terminate a case. This cannot be appealed unless the court allows an
appeal. If there is no permission, there can be no appeal. Remedy available are those in Rule 65.
Judgment on the pleadings (rule 34) may be rendered even before pre trial.
Partial decisions, appeal will be suspended until termination of the entire case, subject to remedies under Rule 65.

Remedies against judgment:

I. Same court/case
A. before decision/order becomes final.
Note: final and entered are one of the same. If judgment is final it is deemed entered and vice versa.
remedy will depend on the ground.
cannot be filed together because of the effect
to be filed within the period to appeal.
Motion for reconsideration (Rule 37)
when no new evidence is to be introduced
need not to be under oath. Motion for new trial (Rule 37)
when there is prohibition to present evidence or when new evidence were discovered that could change the case.
the lack of new evidence is attributed to FAME
there may be partial new trial
to be filed: both must be present
1. verified motion
2. affidavit of merit V on the FAME which caused the lack or discovery of evidence. Meritorious claim or defense

B. after finality (Rule 3

Relief from judgment, orders or other proceedings.

Sec 1- judgment is entered or any other proceeding is taken against a party

Sec 2 appeal is denied.

the common element is FAME

time to file such motion: within 60 days from notice or 6 months from entry of judgment.
verified motion and affidavit of merit must also be filed.
motion must be verified to allege the FAME.
if petition is denied, it cannot be appealed (sec 1 e Rule 41) but is still subject to the remedies under Rule 65.
in cases of default and judgment is rendered, remedy is appeal or new trial.

II. Higher court.

A. before finality

appeal- remedy for the review of the merits of the case by the higher court due to reversible errors. (sec 2 Rule 41):
1. ordinary appeal: first appeal of the case. Appellant is not required to immediately specify the errors since it can be done
through a brief.
original records are elevated
period is interrupted by filing motions for reconsideration or new trial.
what is filed is a notice of appeal to the court which rendered the decision to be appealed.
2. petition for review (Rule 42, 43)
review of judgment of a court exercising appellate jurisdiction. Includes judgments or orders subject to appeal plus pleading
records relevant to the appeal.
already sets fort the errors the lower court commits.
15 day period is reckoned from notice of judgment or final order or notice of denial of motion.
petition for review is filed to the appellate court.

3. petition for review on certiorari (Rule 45)

only way to go to the SC on direct appeal.
what is up for review is the question of law which only the SC can do.
if the decision to be reviewed is from a court exercising appellate jurisdiction, this remedy cannot be availed. Resort must be
to the CA first.
not available to decisions of quasi-judicial bodies.
B. After Finality
1. Rule 47 V annulment of judgment based only on extrinsic fraud or lack of jurisdiction
2. Rule 65 V grave abuse of discretion amounting to lack or excess of jurisdiction.

extrinsic frauds are those outside the merits of the case.

motion must also be verified and there should be an affidavit of merits.