Part 1: Remedial Law

I. General Principles
 Concepts in Remedial Law
 Procedural Laws – are adjective laws which:
o Prescribes rules and forms of procedure of enforcing rights or obtaining redress for their invasion.
o Rules of procedure by which courts applying laws of all kinds can properly administer
o Includes rules of pleadings, practice and evidence.
 Remedial Law
o Plays a vital role in the administration of justice, lies at the very core of procedural due process, a law
which hear before it condemns, proceeds upon inquiry and renders judgment only after trial and
contemplates an opportunity to be heard before judgment is rendered.
 Nature of Remedial Law
o Promulgated by authority of law which has the force and effect of law, prescribing the time within which
certain acts must be done, or certain proceedings taken, and considered absolutely indispensable to the
prevention of needless delays and to orderly and speedy discharged of judicial business.
o Strict compliance with the rules has been held and imperative – failure to pay docket fee in the SC,
within the period fixed, will cause the dismissal of the appeal.

A: Substantive Law vs. Remedial Law

 Substantive Law –
o Part of law which creates, defines, or regulates concerning life, liberty and property or the powers of
agencies and instrumentalities for the administration of public affairs, which when violated gives rise
to a cause of action.
o Creates vested rights
o Prospective in application
o Enacted by Congress
 Remedial Law –
o Prescribes methods enforcing those rights and obligations created by substantive law.
o Does not create vested right
 GR: May be applied retroactively – to actions undetermined (PENDING) at the time of their passage, there
being no vested rights in the rules of procedure. Amendments to procedural rules are PROCEDURAL or
REMEDIAL in character as they do not create or remove vested rights, BUT only operate in furtherance of the
remedy or confirmation of rights already existing.
 XPNs:
1. Statute expressly or by implied necessity provides that pending actions are exempted from its
operation;
2. If applied to pending, would impair vested rights;
3. Court may deny retroactive application if not feasible or would work injustice;
4. If it would involve intricate problems of due process or impair independence of the court
 Promulgated by the SC
 Implemented through the judicial system, including the prosecutorial courts and quasi-judicial agencies.
 Test in determining W/N Rule is Procedural or Substantive: Whether it regulates procedure, that is, judicial
process for enforcing rights and duties recognized by substantive law and for justly administering remedy
and redress for a disregard or infraction of them. If the Rule takes away vest rights, it is not procedural. If the
rule creates a right such as the right to appeal, may be classified as substantive matter; but if it operates as a
means of implementing an existing right then the rule deals merely with procedure.
 Principal Sources of Remedial Law (CoDProCACO)
1. Constitution;
2. Different laws creating the judiciary, defining and allocating jurisdiction of courts of different levels;
3. Procedural laws and rules promulgated by the SC;
4. Circulars;
5. Administrative orders;
6. Internal Rules; and
7. Court decisions (Jurisprudence)
 The object of Remedial law is to facilitate the adjudication of conflicting claims and to serve, rather than to
defeat, the ends of justice.
 GR: The Rules shall be liberally construed in order to promote their objective of securing a just, speedy and
inexpensive disposition of every action and proceeding.
 XPN: Strictly construed:
1. Reglementary period;
2. Rule on Forum Shopping; and
3. Service of summons.

Liberal construction can only be invoked in situations where there is an excusable formal deficiency or
error in a pleading, provided the same does not subvert the essence of the proceeding and it at least
connotes a reasonable attempt at compliance.
 Rule on Uniform Interpretation: Every statute must be so construed and harmonized with other statutes as
to form a uniform system of jurisprudence (Maxim : Interpretare et concordare legibus est optimus
interpretendi. Applies both to Civil Procedure and Summary Procedure regarding the finality of judgments.

B. Rule-Making Power of the Supreme Court

 SC has the Power to promulgate rules concerning: ( ProPAILA )
1. Protection and enforcement of constitutional rights;
2. Pleading, practice and procedure in all courts;
 Carries the power to overturn judicial precedents on points of remedial law through the
amendment of the Rules of Court.
3. Admission to the practice of law;
4. Integrated bar (IBP); and
5. Legal Assistance to the underprivileged.
 Plea Bargaining is a rule of procedure. Provisions contained in a statute prohibiting it is unconstitutional for
being contrary to the rule-making authority of the SC. Only the SC can promulgate rules on pleadings,
practice and procedure, not Congress through the passage of law.
 Limitations on the Rule Making Power of SC ( SIUDIM )
1. Provide a simplified and inexpensive procedure for the speedy disposition of cases;
2. Uniform for all the courts of the same grade;
3. Must not diminish, Increase or Modify substantive rights.
 Power of the SC to Amend and Suspend Procedural Rules
 GR: Courts have the power to relax or suspend technical or procedural rules or to except a case from
their operations when compelling reasons so warrant or when the purpose of justice requires it.
 Cannot be questioned
 ROC should be viewed as mere tools designed to facilitate the attainment of justice.
 Pervasive and compelling as to alter even that which the SC itself has already declared to be
final.
  XPN: Strict and rigid application, which would result in technicalities that tend to frustrate rather than
promote substantial justice.
 Strong considerations of substantive justice are manifest on the petition, strict application
may be relaxed, in the exercise of its equity jurisdiction.
 XPN to he XPN: The mere invocation of substantial justice is not a magical incantation that will
automatically compel the Court to suspend procedural rules.
 Reasons that would warrant Suspension Rules of Procedure ( EMeCLOT )
1. Existence of special and Compelling reasons;
2. Merits of the case;
3. Cause not entirely attributable to the fault or negligence of the party favored by the suspension;
4. Lack of any showing that the review sought is merely frivolous or dilatory;
5. Other party will not be unjustly prejudiced;
6. Transcendental matters of life, liberty or state security.
 Power to Stay Proceedings and Control its Processes
o Incidental to the power inherent in every court to control the disposition of the cases on its dockets,
considering its time and effort, and that of counsel and the litigants
o It must be done in order to avoid multiplicity of suits and prevent vexatious litigations, conflicting
judgments, and confusion between litigants and courts
 Special courts and quasi-judicial bodies subject to the SC’s Rule-Making Power – unless disapproved by the
SC.
 The SC has the sole prerogative to amend, repeal, or even establish new rules for a more simplified and
inexpensive process and the speedy disposition of cases.
 SC can suspend its own rules - for good and sufficient cause, which is discretionary upon the courts.

C. Principle of Judicial Hierarchy

 Lower courts shall initially decide a case before it is considered by a higher court, unless the redress
desired cannot be obtained in the appropriate courts.
 Constitutional Imperative: Strict observance of the Doctrine is not mere policy, rather, it is a constitutional
filtering mechanism designed to enable the Court to focus on the more fundamental and essential tasks
assigned to it by the highest law of the land.
 Given:
1. The structure of our judicial system
1. recognizes the various levels of courts in the country as they are established under the
Constitution and by law, their ranking and effect of their rulings in relation with one another, and
how these different levels of court interact with one another. It determines the venues of
appeals and the appropriate forum for the issuance of extraordinary writs
2. Accordingly, when litigants seek relief directly from the Court, they bypass the judicial structure
and open themselves to the risk of presenting incomplete or disputed facts. This consequently
hampers the resolution of controversies before the Court. Without the necessary facts, the
Court cannot authoritatively determine the rights and obligations of the parties. The case would
then become another addition to the Court's already congested dockets.
2. The requirements of due process
1. By directly filing a case before the Court, litigants necessarily deprive themselves of the
opportunity to completely pursue or defend their causes of actions. Their right to due process is
effectively undermined by their own doing.

 Ensure that every level of the judiciary performs its designated roles in an effective and efficient manner.
 Trial courts do not only determine the facts. They are likewise competent to determine issues of law which
may include the validity of an ordinance, statute, or even an executive issuance in relation to the
Constitution

 Filtering Mechanism - The doctrine of hierarchy of courts operates to: ( PODE )

1. Prevent Inordinate demands upon the Court's time and attention which are better devoted to
those matters within its exclusive jurisdiction
2. Prevent further Overcrowding of the Court’s Docket; and
3. Prevent the inevitable and resultant Delay.
 EXCEPTIONS TO THE DOCTRINE OF HEIRARCHY OF COURTS (2017)
1. Genuine issues of constitutionality that must be addressed at the most immediate time;
 Includes remedies of certiorari and prohibition to assail constitutionality of actions of
both legislative and executive branches
2. Issues involved are of transcendental importance;
 Threats to fundamental Constitutional rights outweigh necessity for prudence, prevents
courts from the paralysis of procedural niceties when clearly faced with the need for
substantial protection;
3. Cases of first impression;
4. Constitutional issues raised are better decided by the SC;
5. Exigency in certain situations, time is of the essence
6. No other plain, speedy and adequate remedy in the ordinary course of law;
7. Reviews act of a Constitutional Organ;
8. Questions that are dictated by public welfare, advancement of public policy, demanded by
broader interest of justice;
9. Orders found to be patent nullities
10. Appeal was considered as clearly inappropriate remedy;
11. Analogous, exceptional and compelling circumstances called for and justified immediate and
direct handling the case.

COMMON DENOMINATOR OF ALL: PURELY LEGAL QUESTIONS

 Failure to comply – sufficient ground for the dismissal of the petition.

D. Doctrine of Non-Interference/Judicial Stability

 GR: Courts of equal and coordinate jurisdiction cannot interfere with each other’s orders.
 CANNOT Interfere by injunction with the judgments or orders of another court of concurrent
jurisdiction
 The court first acquiring jurisdiction excludes the other courts.
 Applies with equal force to administrative bodies.
 XPN: Does not apply where a third-party claimant is involved
 well-established principle that no man shall be affected by any proceeding to which he is a stranger
 RATIONALE: Founded on the concept of jurisdiction: a court that acquires jurisdiction over the case and
renders judgment therein has jurisdiction over its judgment, to the exclusion of all other coordinate courts,
for its execution and overall, its incidents, and to control the conduct of ministerial officers acting in
connection with this judgment
II. Jurisdiction
 Power and authority of a court to try, hear, decide a case and the power to enforce its determination.
 Substantive law – confers jurisdiction over subject matter
 Procedural law – confers jurisdiction over parties, issues and rest

A. Classification of Jurisdiction
1. Original vs. Appellate
 Original – power of the court to take judicial cognizance of a case instituted for judicial action for
the first time under conditions provided by law.
 Appellate – authority of a Court higher in rank to re-examine the final order or judgment of a
lower Court which tried the case now elevated for judicial review.
2. General vs. Special
 General - those with competence to decide on their own jurisdiction and take cognizance of all
cases, civil and criminal, of a particular nature
 Special - those which have jurisdiction only for a particular purpose or are clothed with special
powers for the performance of special duties beyond which they have no authority of any kind
3. Exclusive vs. Concurrent
 Exclusive – possessed by a court to the exclusion of others.
 Concurrent – power of different courts to take cognizance of the same subject matter.

B. Doctrines of Hierarchy of Courts and Adherence of Jurisdiction

 Doctrine of Hierarchy of Courts – recourse must first be made to the lower courts exercising concurrent
jurisdiction with a higher court.
o The hierarchy of courts is determinative of the venue of appeals, and also serves as a general
determinant of the appropriate forum for petitions for the extraordinary writs.
 Doctrine of Adherence of Jurisdiction
o GR: Once attached, cannot be ousted by subsequent happenings or events although of a
character which would have prevented jurisdiction from attaching in the first instance, and the
court retains jurisdiction until it finally disposes of the case.
o XPNs:
1. Subsequent statute expressly prohibits the continued exercise of jurisdiction;
2. Law penalizing an act which is punishable is repealed by a subsequent law;
3. Accused is deprived of his constitutional rights; court fails to provide counsel or unable to
obtain and does intelligently waive his constitutional rights; violation of due process
4. Statute expressly provides, or is construed to the effect that it is intended to operate as to
actions pending before its enactment;
5. Proceedings in the court acquiring jurisdiction is terminated, abandoned or declared void;
6. Appeal has been perfected
7. Curative Statutes – cure defects in a prior law or validate legal proceedings that was void.
 The rule of adherence of jurisdiction until a cause is finally resolved or
adjudicated does not apply when the change in jurisdiction is curative in
character
 Effect of Retroactive Laws on Jurisdiction
o GR: Statute in force at the time of the commencement of action determines jurisdiction.
  Jurisdiction is not affected by a new law placing a proceeding under the jurisdiction of
another tribunal
 XPNs: (1) Statute expressly provides; and (2) Statute clearly intended to apply to actions pending before
its enactment.

C. Jurisdiction of Various Philippine Courts and Tribunals

1. Boundary dispute between municipalities and/or independent component city – RTC being a court of
general jurisdiction
2. Expropriation – RTC; incapable of pecuniary estimation
3. Labor Dispute – GR: Labor Arbiter (LA); Illegal dismissal. XPNs: Quasi-delict and no EE-ER relationship
4. Forcible entry/Unlawful detainer – MTC; exclusive original jurisdiction
5. Administrative investigations and to impose preventive suspension over local elective officials –
Secretary of Local Government, concurrent with Ombudsman
6. Public school teachers – Division School Superintendent in investigation of administrative; unless, DSI is
complainant or an interested party – All members of committee shall be appointed by the Secretary of
Education
7. Enforcement of money claims against an LGU – COA

1. Supreme Court
 Supreme Court En Banc
1. Constitutionality of a treaty, international or executive agreement or law.
2. ROC required to be heard En Banc
3. Constitutionality, application or operation of presidential decrees, proclamations, orders,
instructions, ordinances and other regulations.
4. Required number of votes in a division is not obtained.
5. Modification or reversal of a doctrine/principle laid down previously rendered En Banc.
6. Discipline of judges of lower courts
7. Election, returns and qualifications of President/Vice-president.
 Exclusive Original Jurisdiction
 Civil Cases – Writs of certiorari, prohibition and mandamus:
1. CA;
2. CTA;
3. COE En Banc;
4. COA;
5. SB

Certiorari under Rule 65, admits cases based on the specific grounds therein. Applies if
there is no appeal or any other plain, speedy, and adequate remedy in the ordinary
course of action. Independent action for certiorari will lie only if grave abuse of discretion
is alleged and proved.
 Criminal Cases - Writs of certiorari, prohibition and mandamus:
1. Court of Appeals;
2. Sandiganbayan.
 Appeal
 Civil Cases
1. Petitions for review on certiorari against:
a. CA;
b. CTA En Banc;
c. Sandiganbayan;
 d. RTC, in cases involving:
i. No question of fact is involved and case involves:
a) Constitutionality or validity of treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction,
ordinance or regulation;
b) Legality of tax, impost, assessments, or toll, or penalty in relation thereto;
c) Jurisdiction of lower court is in issue;
d) Only errors or questions of law are involved;
ii. Only errors or questions of law are involved.
2. Special Civil action for Certiorari – filed within 30 days against Comelec/COA
 Criminal Cases
1. CA imposes RP, LI or a lesser penalty by notice of appeal filed with the CA
2. Automatic review for cases of Death Penalty rendered by the CA
Note: Where judgment also imposes a lesser penalty for offenses committed on the
same occasion or which arose out of the same occurrence that gave rise to the more
severe offense for which the penalty of death is imposed, and the accused appeals,
the automatic review from the CA to the SC shall include such lesser offense.
3. Petition for review on certiorari (Rule 43) from SB if penalty is less than D,LI or RP in
criminal and civil cases.
4. Notice of appeal from the SB - imposes LI or RP or where a lesser penalty is imposed
involving offenses committed on the same occasion or which arose out of the same
occurrence that gave rise to the more serious offense for which the penalty of death,
RP of LI is imposed;
5. Cases from the Ombudsman
6. Automatic review of death penalty imposed by the Sandiganbayan in the exercise of
its original jurisdiction
7. Automatic review whenever the Sandiganbayan, exercise of its appellate jurisdiction,
finds that the penalty of death, RP or LI should be imposed;
8. Appeals from RTC in which only errors or questions of law are involved.
 Concurrent with CA
 Civil Cases
1. Writs of certiorari, prohibition and mandamus against:
a. NLRC, must first be filed with the CA
b. Civil Service Commission;
c. Quasi-judicial agencies, filed with CA first;
d. RTC and lower courts
2. Writ of Kalikasan
 Criminal Cases – Writs of certiorari, prohibition and mandamus against RTC and lower
Courts.
 Concurrent with CA and RTC
 Civil Cases
1. Habeas corpus and quo warranto
2. Writs of certiorari, prohibition and mandamus against lower courts or bodies.
 Criminal Cases - Writs of certiorari, prohibition and mandamus against lower courts or
bodies
 Concurrent with CA, SB and RTC
 Civil Cases
1. Writ of Amparo
2. Habeas Data, involving public data or government office
  Criminal Cases – Writ of Amparo and Writ of Habeas data.
 Concurrent with RTC – Civil Cases only – Actions affecting Ambassadors, ministers and consuls.
 Concurrent with SB – Criminal Cases only - mandamus, prohibition, certiorari, injunctions and
ancillary writs in aid of its appellate jurisdiction including quo warranto arising or that may arise
in cases filed under E.O. Nos. 1, 2, 14 and 14-A
 SC is not a trier of facts but if questions of law.
 Exceptions when the SC admits and reviews question of facts:
1. Inference made is manifestly mistaken;
2. Grave abuse of discretion;
3. Judgement is based on misapprehension of facts; and
4. Findings of fact are premised on the absence of evidence
5. Conclusion grounded entirely on speculation, surmise, and conjectures.
 Questions of Law – doubt or difference arises as to what the law is on a certain set of facts.
 Question of Fact – doubt or difference arises as to the truth or falsehood of the alleged facts.
 CA has jurisdiction if it involves a mixed question of law and fact.

2. Court of Appeals
 Exclusive Original Jurisdiction
 Civil Cases – Annulment of judgments of RTC based upon fraud or lack of jurisdiction (Rule
47)
 Criminal Cases
1. Annulment of judgments of RTC (BP 129)
2. Crimes of Terrorism under Human Security Act
 Appellate
 Civil Cases
1. Final judgments, decisions, resolutions, orders, awards of:
a. RTC (Original or appellate)
b. Family Courts;
c. RTC on the questions of constitutionality, validity of tax, jurisdiction involving
questions of fact, which should be appealed first to the CA.
d. Appeals from RTC in cases appealed from MTC’s which are not a matter of right;
2. Appeal from MTC in the exercise of its delegated jurisdiction
3. Appeals from Civil Service Commission;
4. Appeals from quasi-judicial agencies under Rule 43;
5. Appeals from NCIP
6. Appeals from Office of the Ombudsman in administrative cases
 Criminal Cases – Judgments or decisions of RTC via notice of appeal (except those
appealable to the SC or SB):
1. Original and Appellate jurisdiction;
2. Imposable penalty is LI or RP or a lesser penalty for offenses committed on the same
occasion or which arose from the same occurrence that gave rise to the offense
punishable by RP or LI
 Concurrent with SC
 Civil Cases
1. Writs of certiorari, prohibition and mandamus against the following:
a. NLRC under the Labor Code;
b. Civil Service Commission;
c. Quasi-judicial agencies; and
d. RTC’s and other lower courts;
 2. Writ of Kalikasan
 Criminal Cases – Certiorari, prohibition and mandamus against the RTC’s and lower courts.
 Concurrent with SC and RTC
 Civil Cases – Habeas Corpus, Quo Warranto and Habeas Data (involves public data or
government office)
 Criminal Cases – Writ of certiorari, prohibition and mandamus against the lower courts or
bodies.
 Concurrent with SC, SB and RTC
 Civil Cases – Writ of Amparo and Writ of Habeas Data (involves public data or government
office)
 Criminal Cases – Writ of Amparo and Habeas Data.

 CA may act as a trial court in the following instances:

1. Annulment of judgments
2. Motion for new trial is granted by the CA
3. petition for habeas corpus
4. Writ of amparo
5. Writ of habeas data
6. Writ of kalikasan
7. Cases which fall within its original and appellate jurisdiction
8. Newly discovered evidence (New trial)
9. Whenever necessary to resolve factual issues, may conduct hearing thereon or delegate the
reception of the evidence of such issues to any of its members or to an appropriate agency or
office

3. Court of Tax Appeals

 Exclusive Original
 Tax Cases - tax collection cases involving final and executory assessments; principal
amount of taxes and fees, exclusive of charges and penalties claimed is not less than
P1,000,000.
 Criminal Cases - Violation of the NIRC; Tariff and Customs Code and other laws; where the
principal amount of taxes and fees, exclusive of charges and penalties claimed is less that
P1,000,000 or no specified amount claimed (the offenses or penalties shall be tried by the
regular courts and the jurisdiction of the CTA shall be appellate).
 Appellate
 Tax Cases - principal amount of taxes and fees, exclusive of charges and penalties claimed
is less than P1,000,000 tried by the proper MTC, MeTC and RTC
 Criminal Cases - Appeals from the judgment, resolutions or orders of the RTC in tax cases
originally decided by them and those in their appellate jurisdiction
 Exclusive Appellate Jurisdiction to Review by Appeal from Commissioner of Internal Revenue
1. (a) Decisions in cases involving disputed assessments, (b) refunds of internal revenue
taxes, fees or other charges, penalties in relation thereto, or (c) other matters arising
under the NIRC or other laws administered by BIR
2. Inaction by the CIR
 Exclusive Appellate Jurisdiction to Review by Appeal from RTC
 Local tax cases originally decided or resolved by them in the exercise of their original or
appellate jurisdiction via Petition for Review under Rule 43.
 Exclusive Appellate Jurisdiction to Review by Appeal from Commissioner of Customs
 1. Liability for customs duties, fees or other charges, seizure, detention or release of property
affected, fines, forfeitures or other penalties in relation thereto;
2. Other matters arising under the Customs Law or other laws, part of laws or special laws
administered by BOC

 Exclusive Appellate Jurisdiction to Review by Appeal from Central Board of Assessment

Appeals
 Cases involving the assessment and taxation of real property originally decided by the
provincial or city board of assessment appeals via Petition for Review under Rule 43.
 Exclusive Appellate Jurisdiction to Review by Appeal from Secretary of Finance
 Decisions of the Commissioner of Customs which are adverse to the government under
Rule 42
 Exclusive Appellate Jurisdiction to Review by Appeal from Secretary of Trade and Industry and
the Secretary of Agriculture
 Secretary of Trade and Industry in the case of non-agricultural product, commodity or
article and Secretary of Agriculture in the case of agricultural product, commodity or
article, involving dumping duties and countervailing duties either party may appeal the
decision to impose or not to impose said duties (via Petition for Review under Rule 42)

 A party adversely affected by a resolution of a division of the CTA on a MR or new trial, may file a
petition for review with the CTA en banc.
 A party adversely affected by a decision or ruling of the CTA en banc may file with the SC a verified
petition for review on certiorari pursuant to Rule 45
 The power of the CTA includes that of determining whether or not there has been grave abuse of
discretion amounting to or lack or excess of jurisdiction on the part of the RTC issuing an interlocutory
order in local tax cases within the exclusive appellate jurisdiction of the tax court

4. Sandiganbayan
 Exclusive Original
 Criminal Cases –
A. Violation of RA 3019 (Graft) and RA 1379 (Bribery), where one or more of the accused
are officials occupying the following positions in the government, permanent, acting or
interim capacity, at the time of the commission of the offense
1. Officials of the executive branch occupying the positions of RD or Grade 27 and
higher, including:
a. Provincial and City elected officials, including treasures, assessors,
engineers and department heads
b. Consul and Higher
c. AFP Col., Naval Cpt, and higher rank
d. PNP PD holding Senior Superintendent and higher;
e. Ombudsman, City and provincial prosecutors, assistants and officials.
f. Presidents, directors or trustees, or managers (GOCCs, SU, Educational
Institutions)
2. Members of Congress and officials thereof classified as Grade ‘27’ and higher;
3. Members of the judiciary without prejudice to the provisions of the Constitution;
4. Chairmen and members of the Constitutional Commissions;
5. All other national and local officials classified as Grade ‘27’ and higher
 B. Offenses or felonies whether simple or complexed with other crimes committed by the
public officials and employees mentioned in subsection (a) of this section in relation to
their office
C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1,
2, 14 and 14-A

Note: RTC shall have exclusive original jurisdiction where the information:
a. Does not allege any damage to the government or any bribery; or
b. Alleges damage to the government or bribery does not exceed P1M.

Exclusive original jurisdiction thereof shall be vested in the proper RTC, MeTC, MTC and
MCTC, as the case may be, in cases where none of the accused are occupying positions
corresponding to Salary Grade ‘27’ or higher, or military and PNP officers mentioned
above.

 Appellate – Original and appellate jurisdiction decisions of RTC

 Concurrent with SC – mandamus, prohibition, certiorari, injunctions and ancillary writs in aid of
its appellate jurisdiction, quo warranto arising or that may arise in cases under EO 1, 2, 14, 14-A.
 Concurrent with SC, CA and RTC – Writ of Amparo and Habeas Data

5. Regional Trial Courts

 Exclusive Original
 Civil Cases
1. Subject of the litigation is incapable of pecuniary estimation;
2. Involve the title to, or possession of, real property, or any interest therein (assessed
value exceeds P 400,000);
3. Admiralty, Maritime jurisdiction, Probate, Money Claims (Exclusive of interests)
(exceeds P2M);
4. Actions involving the contract of marriage and marital relations
5. Cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising jurisdiction of any court, tribunal, person or body exercising judicial or
quasi-judicial functions;
6. Civil actions and special proceedings falling within the exclusive original jurisdiction of
a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations;
 Criminal Cases
1. Not within exclusive jurisdiction of any court, tribunal or body:
a. penalty provided by law exceeds 6 years imprisonment irrespective of the fine
b. not falling within the exclusive original jurisdiction of the Sandiganbayan,
imposable penalty is imprisonment more than 6 years and none of the
accused is occupying positions classified as “Grade 27” and higher
2. Only penalty provided by law is a fine exceeding P 4,000;
3. Laws which specifically lodge jurisdiction in the RTC:
a. Written defamation or libel;
b. Intellectual Property
c. RA 9165, except when the offender is under 16 and there are Juvenile and
Domestic Relations Court in the province
4. Cases falling under the Family Courts in areas where there are no Family Courts
5. Election offenses, even if committed by an official with salary grade of 27 or higher
6. Cases cognizable by the Sandiganbayan, where the information
 a. Does not allege any damage to the government or any bribery
b. Allegation of damage does not exceed P1M
 Appellate –
GR: All cases decided by lower courts in their respective territorial jurisdictions;
XPN: Decisions of lower courts in the exercise of delegated jurisdiction.

 Concurrent with SC, SB and CA

 Civil Cases – Writ of Amparo and Habeas Data
 Criminal Cases - Writ of Amparo and Habeas Data
 Concurrent with SC – Civil Cases - Affecting ambassadors and other public ministers and consuls
 Concurrent with SC and CA – Civil Cases – Certiorari, prohibition, mandamus, Habeas Corpus
and Quo Warranto.
 Concurrent with MTC - Enforcement or violations of environmental and other related laws, rules
and regulations
 Special Jurisdiction - Supreme Court may designate certain branches of RTC to try exclusively:
1. Criminal cases;
2. Juvenile and domestic relations cases;
3. Agrarian cases;
4. Urban land reform cases not falling within the jurisdiction of any quasi-judicial body;
5. Other special cases
 Exclusive Concurrent with the Insurance Commissioner - Single claim not exceeding 5M.

 Test to determine whether an action is capable of pecuniary estimation - If it is primarily for the
recovery of a sum of money, the claim is considered capable of pecuniary estimation
 Incapable of pecuniary estimation - money claim is purely incidental to, or a consequence of, the
principal relief sought like specific performance suits and in actions for support, or for annulment
of a judgment or foreclosure of mortgage, rescission or reformation of contracts, Interpretation
of a contractual stipulation
 Intra-corporate Controversies that are within the jurisdiction of the Special Commercial Courts
1. Any act of, the board of directors, business associates, officers or partners, amounting to
fraud or misrepresentation which may be detrimental to the interest of the public and/or
of the stockholders, partners, or members of any corporation, partnership, or
association;
2. Controversies arising out of intra-corporate, partnership, or association relations,
between and among stockholders, members, or associates; and between, any or all of
them and the corporation, partnership, or association of which they are stockholders,
members, or associates, respectively;
3. Controversies in the election or appointment of directors, trustees, officers, or managers
of corporations, partnerships, or associations;
4. Derivative suits; and
5. Inspection of corporate books

6. Family Courts
 Exclusive Original
 Civil Cases
1. Guardianship, custody of children, habeas corpus in relation to minor;
2. Adoption of children and its revocation;
 3. Annulment and declaration of nullity of marriage and those relating to marital status
and property relations of spouses or those living together under different status and
agreements, dissolution of conjugal partnership of gains;
4. Support and/or acknowledgment;
5. Summary judicial proceedings under FC;
6. Declaration of status of children as abandoned, dependent or neglected children,
petitions for voluntary or involuntary commitment of children, the suspension,
termination, or restoration of parental authority and other cases cognizable under
P.D. No. 603, E.O. No. 56
7. Constitution of the family home.
 Criminal Cases
1. One or more of the accused is/are below 18 years of age but not less than 9 years of
age;
2. One or more of the victims is a minor at the time of the commission of the offense;
3. Cases against minors cognizable under the Dangerous Drugs Act;
4. Violations of R.A. No. 7610
5. Domestic violence against women and children
 Exclusive concurrent with the CA and SC - Guardianship, custody of children, habeas corpus in
relation to the latter.

 Handling of records of child and family cases - utmost confidentiality and shall not be divulged
unless necessary and with imprimatur of the judge.
 FC have authority and jurisdiction to resolve the constitutionality of a statute - RTC remains to
possess the authority as a court of general original jurisdiction to pass upon all kinds of cases
whether civil, criminal, special proceedings, land registration, guardianship, naturalization,
admiralty or insolvency.

7. Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in cities, and Municipal
Circuit Trial Courts (Republic Act No. (RA) 11576, An Act Further Expanding the Jurisdiction of First-
Level Courts)
 Exclusive Original
 Civil Cases
1. Personal property, money claims, Probate, Admiralty, Maritime (Does not exceed
P2M)
2. Cases involving title to or possession of real property or any interest therein where
the value or amount does not exceed P 400,000
3. Inclusion and exclusion of voters;
4. Covered by Rules on Summary Procedure;
5. Forcible entry and unlawful detainer;
6. Small Claims does not exceed P1M
 Criminal Cases
1. Punishable with imprisonment not exceeding 6 years;
2. Damage to property through criminal negligence where the imposable fine does not
exceed P150K;
3. Only penalty provided by law is a fine not exceeding P4,000;
4. Rules on Summary Procedure: Traffic Laws, Rental Law, Municipal or City Ordinance,
BP 22, and Penalty is imprisonment not exceeding 6 months and/or fine of P1K
5. Offenses committed by public officers and employees in relation to their office,
including government-owned or – controlled corporations, and by private individuals
 charged as co-principals, accomplices or accessories, punishable with imprisonment
not more than 6 years or where none of the accused holds a position classified as
“Grade 27” and higher
 Delegated – Civil Cases only - Cadastral or land registration cases covering lots where:
1. No controversy or opposition;
2. Contested, but the value does not exceed P100,000 (ascertained by the affidavit or
agreement)
 Special
 Civil Cases – Petition for habeas corpus in the absence of all RTC judges in the province or
city.
 Criminal Cases - Application for bail in the absence of all RTC judges in the province or city
 Concurrent with RTC – Civil Cases - Enforcement or violations of environmental and other
related laws, rules and regulations

 Doctrines:
1. Jurisdiction is determined by the allegations contained in the complaint
2. Rules allow provisional determination of ownership in ejectment cases when the
defendant raises the defense of ownership in his pleadings and the question of possession
cannot be resolved without deciding the issue of ownership
3. Forcible entry and unlawful detainer cases are within the exclusive original jurisdiction of
the first level courts. Moreover, all cases decided by the first level courts are generally
appealable to the RTC irrespective of the amounts involved

D. Aspects of Jurisdiction (P-Su-I-P-R)

1. Parties;
2. Subject matter;
3. Issues;
4. Res or Property in litigation; and
5. Remedies

1. Jurisdiction over the Subject-Matter - Power to hear and determine cases of the general class to which
the proceedings in question belong
 GR: Cannot be waived, enlarged or diminished by stipulation of the parties.
 XPN: Estoppel by laches, failure to object to the jurisdiction of the court for a long period of time and
by invoking its jurisdiction in obtaining affirmative relief.
o Failed to invoke the ground of lack of jurisdiction despite having full knowledge of this
ground
o Sought affirmative relief
o Were also able to file an appeal and Motion for Reconsideration before the CA
o Yet, even before the CA, the ground for lack of jurisdiction was never invoked

2. Jurisdiction Over the Parties - The legal power of the court to render a personal judgment against a party
to an action or proceeding.
 Plaintiff – acquired when the action is commenced by the filing of complaint, payment of docket fees.
 Defendant – (1) Voluntary appearance in court and his submission to authority (UNLESS: APPEARANCE
IS MADE PRECISELY TO OBJECT TO THE JURISDICTION OF THE COURT OVER THE PERSON,
CHALLENGES JURISDICTION OF THE COURT ON GROUND OF INVALID SERVICE OF SUMMONS) and (2)
 valid service of summons (Not essential in actions in rem or quasi in rem as long as court acquires has
jurisdiction over the res).
 Filing of Pleadings seeking Affirmative Reliefs constitutes Voluntary Appearance
GR: Seeking affirmative relief constitutes voluntary appearance, and the consequent submission of
one’s person to the jurisdiction of the court
XPNs: Pleadings whose prayer is precisely for the avoidance of the jurisdiction of the court, which only
leads to a special appearance
1. Civil cases, motions to dismiss on the ground of lack of jurisdiction over the person of the
defendant
2. Criminal cases, (1) Motions to quash an Information on the ground of lack of jurisdiction over
the person of the accused and (2) Motion to quash a warrant of arrest

3. Jurisdiction Over the Issues

 GR: Conferred and determined by the pleadings of the parties that present the issues to be tried and
determined whether or not the issues are of fact or of law
 XPNs:
1. Stipulation of the parties, Pre-trial - stipulations of facts and documents or enter into an
agreement simplifying the issues of the case
2. Express or implied consent of the parties, issues not raised by the pleadings are tried

It is proper for the court to render judgment on the pleadings if the answer fails to tender an
issue, except in actions for declaration of nullity of annulment of marriage or legal separation

 Jurisdiction is not affected by the pleas or the theories set up by the defendant in an answer to the
complaint or a motion to dismiss the same.

4. Jurisdiction Over the Res or the Property in Litigation

 Refers to the court’s jurisdiction over the thing or property which is the subject of the action.
 Acquired either by:
1. Actual or constructive seizure of the property under legal process (Custodia Legis)
2. Result of the institution of legal proceedings, power of the court is recognized and made
effective.
 Action in rem or quasi in rem - jurisdiction over the person of the defendant is not required, summons
only served to satisfy requirements of due process.
 Action in personam converted to quasi in rem - where jurisdiction over the person of a defendant
cannot be acquired, preliminary seizure is to be considered necessary in order to confer jurisdiction
upon the court. The lien on the property is acquired by the seizure; and the purpose of the proceedings
is to subject the property to that lien.

E. Jurisdiction vs. Exercise of Jurisdiction

 Jurisdiction - Authority to hear and decide cases, does not depend upon the regularity of the exercise of
that power or upon the rightfulness of the decision made.
 Exercise of Jurisdiction - Any act of the court pursuant to such authority, includes making decisions. If there
is jurisdiction over the person and subject matter, the resolution of all other questions arising in the case is
but an exercise of jurisdiction

F. Jurisdiction vs. Venue

 Venue
 GR: Not a ground for a motu proprio dismissal
 XPN: In cases subject to summary procedure.
  place or geographical area where an action is to be filed and tried
 Can only be objected to before the other party files a responsive pleading (answer).
 Waivable: Failure to object through a motion to dismiss or through an affirmative defense; or
Stipulation of the parties
 Matter of procedural law
 May be stipulated by the parties
 Establishes a relation between the plaintiff and defendant
 Jurisdiction
 Ground for a motu proprio dismissal in case of lack of jurisdiction over the subject matter
 Power of the court to hear and decide a case
 Can be brought up at any stage of the proceedings
 Cannot be waived.
 Matter of substantive law.
 Cannot be the subject of the agreement of the parties
 Establishes a relation between the court and the subject matter

G. Jurisdiction Over Cases Covered by Barangay Conciliation, and Cases Covered by the Rules on Expedited
Procedures in the First Level Courts (Administrative Matter (A.M.) No. 08-8-7-SC, as amended, approved on
March 1, 2022)
 KATARUNGANG PAMBARANGAY LAW
 Effect an amicable settlement of disputes among family and barangay members at the barangay level
 Where to file:
 Residents of the same barangay: the dispute must be brought for settlement in the said barangay
 Residents of different but adjoining barangays and the parties agree to submit their differences to
amicable settlement: within the same city or municipality where any of the respondents reside at
the election of the complainant
 Involving real property or any interest when the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon therein shall be brought in the barangay where the
real property or larger portion thereof is situated;
 Arising at the workplace where the contending parties are employed or at the institution where
such parties are enrolled for study shall be brought in the barangay where such workplace or
institution is located
 Civil Cases covered
 All disputes involving parties who actually reside in the same city or municipality may be the subject
of the proceedings for amicable settlement in the barangay
 Requirement of undergoing barangay conciliation proceedings applies only to cases involving natural
persons, and not where any of the parties is a juridical person such as a corporation, partnership,
corporation sole, testate or intestate estate
 If the only contending party is the government or its instrumentality or subdivision the case is
exempted from the requirement of barangay conciliation proceedings but when it (government or
its instrumentality or subdivision) is only one of the contending parties, a confrontation should still
be undertaken among the other parties.
 Note: Barangay conciliation process is not a jurisdictional requirement, so that non-compliance
therewith cannot affect the jurisdiction which the court has otherwise acquired over the subject
matter or over the person of the defendant. Such defense shall be raised in the answer, otherwise,
such objection will be deemed waived.
 Criminal Cases Covered - punishable by imprisonment of not more than 1 year or fine of not more than
P 5,000
 Cases not covered by Barangay Conciliation:
  Where one party is the government or any subdivision or instrumentality thereof;
 Where one party is a public officer or employee, and the dispute relates to the performance of his
official functions;
 Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding P 5,000.00;
 Dispute involves real properties located in different cities or municipalities unless the parties thereto
agree to submit their differences to amicable settlement by an appropriate lupon;
 Parties who actually reside in barangays of different cities or municipalities, except where such
barangay units adjoin each other and the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
 Other classes of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice
 Any complaint by or against corporations, partnerships, or juridical entities,
 Urgent legal action is necessary to prevent injustice from being committed or further continued:
a. Criminal case where the accused is under police custody or detention
b. Petition for habeas corpus by a person illegally detained or deprived of his liberty or one
acting on his behalf
c. Actions coupled with provisional remedies, such as preliminary injunction, attachment,
replevin, and support pendent lite
d. Where the action may be barred by the Statute of Limitations.
 Labor disputes or controversies arising from employer-employee relationship;
 Dispute arises from the CARL
 Actions to annul judgment upon a compromise
 RULE ON SMALL CLAIMS CASES
 Provide a simpler and more inexpensive and expeditious means of settling disputes involving purely
money claims than the regular civil process
 Where to file: MeTC, MTCC, MTC, and MCTC
 Civil Cases Covered - Purely civil in nature, reimbursement of sum of money does not exceed P1M
 For money owed under any of the following: Contract of Lease, Loan, Services, Mortgage
 Liquidated damages arising from contracts
 Enforcement of a barangay amicable settlement or an arbitration award involving a money claim
 Amendments:
 Recovery of personal property, subject of a compromise agreement between the parties,
enforcement of barangay amicable settlement and arbitration awards does not exceed P1M,
provided no execution has been made within 6 months from date of settlement or when obligation
becomes due and demandable.
 Joinder of two or more separate small claims against a defendant is allowed, provided that the total
amount claimed does not exceed P1M
 More than five (5) claims are filed by one party within the calendar year, additional filing fee of Five
Hundred Pesos (PHP500.00) shall be paid for every claim filed after the fifth (5th) claim, Six Hundred
Pesos (PHP600.00) for every claim filed after the tenth (10th) claim, Seven Hundred Pesos
(PHP700.00) for every claim filed after the fifteenth (15th) claim, progressively and cumulatively.
 Service of summons through the plaintiff is allowed if it is returned unserved by the sheriff or proper
court officer or served outside the judicial region of the court where the case is pending. If the
plaintiff misrepresents that the defendant was served, the case shall be dismissed with prejudice
and the plaintiff shall be declared in indirect contempt and/ or be meted a fine of Five Thousand
Pesos (PHP5,000.00).
 Hearing will still be held in one (1) day, with the judgment to be rendered strictly within twenty-four
(24) hours from its termination. Conduct of videoconferencing hearings using Microsoft Teams for
both summary proceedings and small claims cases is allowed at any stage of the proceedings. If
 warranted, the first level courts may also make use of alternative platforms or instant messaging
applications with video call features for their videoconferencing hearings.

 RULES ON SUMMARY PROCEDURE

 Achieve an expeditious and inexpensive determination of the cases
 Where to File: MeTC; MTCC; MTC; and MCTC
 Civil Cases covered
 Forcible entry and unlawful detainer cases, regardless of the amount to be recovered. Attorney’s
fees, if awarded, shall not exceed One Hundred Thousand Pesos (PHP100,000.00);
 All civil actions where the claim does not exceed P2M. EXCEPT: Probate, Maritime, Small Claims
 Complaints for damages where the claims do not exceed P2M;
 Enforcement of barangay amicable settlement agreements and arbitration award where the money
claim exceeds P1M, provided that no execution has been enforced within six (6) months from the
settlement date or receipt of award or the date when the obligation becomes due and demandable;
 Cases solely for the revival of judgment of any first level court;
 BP 22 cases, if no criminal action has been instituted
 Criminal Cases Covered
 Violations of traffic laws, rules and regulations;
 rental law;
 municipal or city ordinances;
 Violations of B.P. 22 or the Bouncing Checks Law
 Penalty is imprisonment not exceeding 1 year and/or a fine of P50,000 irrespective of other
penalties or civil liabilities arising therefrom; and
 Appeals: RTC under Rule 40; Rule 122 for Criminal Cases. Judgment of the RTC on appeal shall be
final, executory and unappealable.
 Doctrines:
1. Rules on Expedited Procedure shall not apply to civil cases where the plaintiff’s cause of action is
pleaded in the same complaint with another cause of action subject to the regular procedure; nor
to criminal cases where the offense charged is necessarily related to another criminal case subject
to the regular procedure.
2. Regular procedure prescribed in the ROC shall apply to the cases covered by the Rules on Expedited
Procedures where no specific provision is found therein. It shall also apply in a suppletory manner
even if there is a specific provision found but only insofar as not inconsistent. In case of
inconsistency, the Rules on Expedited Procedures shall prevail.
3. It is the duty of the parties and their counsel to appear at the preliminary conference, court-
annexed mediation and judicial dispute resolution. Non-appearance of a party may be excused only
for Acts of God, force majeure or duly substantial physical inability.
4. Failure of the plaintiff or counsel to appear at the preliminary conference shall be cause for the
dismissal of the complaint. Defendant who appears in the absence of the plaintiff shall be entitled
to judgment on the counterclaim.
5. Failure of the sole defendant and or his counsel to appear shall be cause for the plaintiff to be
entitled to judgment as warranted by the facts alleged in the complaint and its attachments. shall
not apply where one of two or more defendants sued under a common cause of action and had a
pleaded a common defense, shall appear at the preliminary conference.
  Defendant’s failure to answer within the reglementary period, court motu proprio or upon motion of the
plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and its
attachments, limited to what is prayed for therein
 Parties shall file with the court and serve on the adverse party in such a way to ensure receipt, at least (3)
calendar days before the scheduled preliminary conference, their preliminary conference briefs.
 Trial is not conducted in civil cases covered by the Rules on Expedited Procedure. Within (30) calendar
days from receipt by the court of the mediator’s report or the JDR Report on the parties’ failure to reach an
amicable settlement, the court shall render judgement. Within (30) calendar days from receipt by the court
of the mediator’s report or the JDR Report on the parties’ failure to reach an amicable settlement, the court
shall render judgement
 Trial is conducted in criminal cases covered by the Rules on Expedited Procedure. Both the prosecution
and defense have sixty (60) calendar days to complete their respective presentation. Court shall render and
promulgate judgment not later than (30) calendar days from the court’s action on the last presenting party’s
offer of evidence.
 The Trial Court shall not issue warrant for the arrest of the accused in criminal cases governed by the
Rules on Summary Procedure except for failure to appear despite notice whenever required by the court.
 Remedy of a party in case of an unfavorable decision or order rendered by the first level court in summary
procedure cases. Appeal to the appropriate RTC under Rule 40 of the Rules of Court for civil cases and Rule
122 of the Rule of Court for criminal cases. Taken within 15 days by filing a notice of appeal and payment of
docket fees.
 No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff
or defendant.

III. Civil Procedure (A.M. No. 19-10-20-SC)

A. General Provisions
 These Rules shall govern the procedure to be observed in actions, civil or criminal, and special proceedings.
1. A civil action - one by which a party sues another for the enforcement or protection of a right, or
the prevention or redress of a wrong.
2. A criminal action - one by which the State prosecutes a person for an act or omission punishable by
law.
3. A special proceeding - a remedy by which a party seeks to establish a status, a right, or a particular
fact.
 Shall not apply to election cases, land registration, cadastral, naturalization and insolvency proceedings, and
other cases not herein provided for, except by analogy or in a suppletory character and whenever
practicable and convenient.
 Action is commenced by the filing of the original complaint in court by personal service, by registered mail,
by accredited courier, by electronic mail or other electronic means as may be authorized by the Court (and
the payment of the prescribed docket fee that vests a trial court with jurisdiction.)
 Civil Action vs. Special Proceedings - Civil action, a party sues another for the enforcement or protection of
a right, which the party claims he/she is entitled to, such as when a party-litigant seeks to recover property
from another. Special proceeding, a party merely seeks to have a right established in his/her favor. Unlike a
civil action which has a definite adverse party, a special proceeding has no definite adverse party. Further,
requirements regarding jurisdiction in order for said proceedings and judgements to be wholly valid

B. Kinds of Action
 Real Action
 Scope: Title to or possession of real property, or interest therein.
 Basis: Founded upon the privity of real estate. Realty or interest therein is the subject matter of the action.
Matter in litigation must also involve any of the following issues: (a) Title; (b) Ownership; (c) Possession;
Condemnation, (d) Foreclosure of mortgage; and (e) Any interest in real property.
  Venue: A real action is “local”, venue depends upon the location of the property involved in the litigation.
Venue of action shall be commenced and tried in the proper court which has jurisdiction over the area
wherein the real property involved, or a portion thereof is situated.
 Personal Action
 Scope: Recovery of personal property, the enforcement of a contract or the recovery of damages.
 Basis: Founded on privity of contract such as damages, claims of money, etc.
 Venue: Transitory, place where the plaintiff or any of the principal plaintiffs resides, or where the
defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he
may be found, at the election of the plaintiff.
 Importance of distinction between real and personal actions is to determine VENUE OF ACTIONS.
 An action to cancel mortgage is a personal action. “No transfer or disposition of real property rights occurs
when an action to cancel a mortgage is granted or denied.”,
 An action to foreclose a mortgage is a real action. “a foreclosure of a mortgage where property rights are
clearly transferred or affected depending on the ruling of the court.”
 Mortgage contract merely involves the right to foreclose upon such real property.

1. In Rem
 An action against the thing itself, which is binding against the whole world
 A proceeding to bar indifferently all who might be minded to make any objection against the
right sought to be enforced.
 Jurisdiction over the person of the defendant is not required.
 Jurisdiction over the res is acquired either (1) by the seizure of the property under legal process;
or (2) as a result of the institution of legal proceedings.
 Examples of actions in rem: petitions directed against the “thing” itself or the res which
concerns the status of a person, like a petition for adoption, correction of entries in the birth
certificate, or annulment of marriage; nullity of marriage; petition to establish illegitimate
filiation; registration of land under the Torrens system; and forfeiture proceedings.

2. In Personam
 A proceeding to enforce personal rights and obligations brought against the person and is based
on the jurisdiction of the person.
 Directed against particular persons
 Involve his right to, or the exercise of ownership of, specific property, or seek to compel him to
control or dispose of it in accordance with the mandate of the court.
 Impose, thru the judgement of a court, some responsibility or liability directly upon the person of
the defendant.
 To compel a defendant to specifically perform some act or actions to fasten a pecuniary liability
on him.
 Jurisdiction over the person of the defendant is required.
 Judgement is binding only upon the parties impleaded or their successors-in- interest, but not
upon strangers.
 Examples of actions in personam: action for collection of sum of money and damages; action for
unlawful detainer or forcible entry; action for specific performance; action to enforce a foreign
judgement in a complaint for breach of contract.

3. Quasi In Rem
 Deal with the status, ownership or liability of a particular property but are intended to operate
these questions only as between the particular parties to the proceedings and not to ascertain or
cut-off the rights or interests of all possible claimants.
  An individual is named as a defendant and the purpose of the proceeding is to subject his
interests therein to the obligation or loan burdening the property.
 Directed against particular persons with respect to the res
 Jurisdiction over the person of the defendant is not required as long as jurisdiction over the res is
acquired
 Summons must be served upon the defendant in order to satisfy due process requirements
 Judgement will be binding only upon the litigants, their privies, and their successors-ininterest,
but the judgement shall be executed against a particular property. The res involved will answer
for the judgement
 Examples of actions quasi in rem: suits to quiet title, actions for foreclosure, attachment
proceedings, petition and accounting,

 Kinds of actions with respect to their binding effect and why is this distinction necessary - actions
may be classified as actions in rem, quasi in rem, and in personam. This distinction is important to
determine whether or not jurisdiction over the person of the defendant is required, and to determine
the type of summons to be employed
 Importance of classification of actions: (a) law on jurisdiction; (b) rules on venue and prescription; (c)
Defenses against the action; (d) Payment of docket fee; and (e) Service of summons.

C. Cause of Action (Rule 2)

 Every ordinary civil action must be based on a cause of action
 A cause of action is the act or omission by which a party violates a right of another.
 Determined by the averments in the pleadings pertaining to the acts of the defendant.
 Whether such acts give him a right of action is determined by substantive law
 Elements: (a) A legal right in favor of the plaintiff; (b) correlative legal duty of the defendant to respect such
rights; (c) act or omission on the part of such defendant in violation of the right of the plaintiff
 Splitting of Causes of Action: A party may not institute more than one suit for a single cause of action.
 Effect of splitting a single cause of action: the filing of one or a judgment upon the merits in anyone is
available as a ground for the dismissal of the others.
 Cause of Action in Administrative case: whether the respondent has breached the norms and standards of
the office.
 Cause of action in different cases:
 Breach of contract: (a) existence of a contract and (b) breach thereof.
 Liability of employer based on the negligence of his employee: Employer’s liability is presumed.
Ceases if the employer successfully proves the diligence required of a good father of a family to
prevent damage.
 Collection of sum of money based on a promissory note: (a) Requires an allegation that a debt exists
and (b) such debt is due and demandable.
 Unlawful Detainer: (1) Initially, the possession of the property by contract with or by tolerance of the
plaintiff; (2) Eventually, such possession became illegal upon notice of the plaintiff; (3) Thereafter, the
defendant remained in possession of the property and deprived the plaintiff of the enjoyment
thereof; and (4) Within one (1) year from the last demand on defendant to vacate the property, the
plaintiff instituted the complaint for ejectment.
 Forcible Entry: (a) Prior physical possession of the property; (b) Deprivation of possession either by
force, intimidations, strategy, threat, or stealth; (c) action must be filed within one (1) year from the
time the owners or legal possessors learned of their deprivation of physical possession of the land or
building.
 Malicious Prosecution: (a) Prosecution did occur, and the defendant was himself the prosecutor or
that he instigated its commencement; (b) criminal action finally ended with an acquittal; (c) bringing
 the action, the prosecutor acted without probable cause; and (d) prosecution was impelled by legal
malice – that is, an improper or sinister move.

 Right of Action (RoA) vs. Cause of Action (CoA)

 Definition:
 Cause of action: The act or omission by which party violates the rights of another
 Right of Action: Right of a plaintiff to bring an action and to prosecute that action until final
judgement
 Requisites:
 Cause of Action: (1) existence of a legal right of the plaintiff; (2) correlative duty of the
defendant to respect one’ right; and (3) act or omission of the defendant in violation of the
plaintiff’s right.
 Right of Action: (1) good cause. (Existence of a cause of action); (2) compliance with all the
conditions precedent to the bringing of the action; and (3) Right to bring and maintain the
action must be in the person instituting it.
 Nature:
 CoA: predicated upon substantive law on quasidelicts under the NCC
 RoA: procedural in character and is the consequence of the violation of the right of the plaintiff.
 Basis:
 CoA: Based on the allegations of the plaintiff in the complaint.
 RoA: Basis is the plaintiff’s cause of action. There is no right of action where there is no cause of
action.
 Effect of Affirmative Defense:
 CoA: Not affected by affirmative defenses. (fraud, prescription, estoppel, etc)
 RoA: May be taken away by the running of the statute of limitation, estoppel or other
circumstances which do not at all affect the cause of action
 Difference:
 RoA: a remedial right belonging to some persons
o a matter of right and depends on the substantive law
 CoA: a formal statement of the operation facts that give rise to such remedial right
o a matter of statute and is governed by the law on procedure
 The right of action springs from the cause of action, but does not accrue until all the facts
which constitute the cause of action have occurred.
 In determining the sufficiency of a cause of action, the test is, whether or not, admitting hypothetically the
truth of the allegations of fact made in the complaint, the court may validly grant the relief prayed for in the
complaint. The inquiry is confined to the four corners of the complaint, and no other.
 Failure to State a Cause of Action vs. Lack of Cause of Action
 Definition:
 FSCA: Insufficiency of allegation in the pleading
 LCA: Where the evidence does not sustain the cause of action.
 How Interposed:
 FSCA: Raised as an affirmative defense in the defendant’s answer
 LCA: Raised in a demurrer to evidence under Rule 33 after the plaintiff has rested his case
 Determination:
 FSCA: Determined only from the allegations of the pleading and not from evidentiary matters.
 LCA: Resolved only on the basis of the evidence he presented in support of his claim.
  When made:
 FSCA: made at the earliest stages from an action
 LCA: after questions of fact have been resolved on the basis of stipulations, admissions, or
evidence presented.

 Whether dismissal amounts to res judicata:

 FSCA: No, dismissal due to the failure to state a cause of action does not constitute res judicata.
Does not bar re-filing of the complaint.
 LCA: Yes, because dismissal on the ground of lack of cause of action is a decision on the merits
 Lack of cause of action does not affect the imprimatur of a court to hear and decide a given case, if the court
has jurisdiction over its subject matter, over the parties therein, and, in an action in rem, over the res.
 Failure to state a cause of action is not among the grounds that may be raised in a motion to dismiss. It may
instead be raised as an affirmative defense in the answer.
 Remedy to dismiss a complaint based on lack of cause of action: A motion to dismiss under Rule 33 is in
the nature of a demurrer to evidence and is filed after the plaintiff has rested its case.
 Splitting of causes of causes of action: Act of dividing a single or indivisible cause of action into several parts
or claims and bringing several actions thereon. Applies not only to complaints but also to counterclaims and
cross-claims, is discouraged.
 Test to ascertain whether two suits relate to a single or common cause of action are as follows:
1. Same evidence test - Whether the same evidence would support and sustain both the first and
second causes of action;
2. Whether the defense in one case may be used to substantiate the complaint in the other
3. Whether the cause of action in the second case existed at the time of the filing of the first
complaint.
 The rule against splitting of causes of action: Based upon principles of public policy and of equity to prevent
the inconvenience and hardship incident to repeated and unnecessary litigation
 Remedies against splitting cause of action: Motion to dismiss on (a) Litis pendentia - there is another action
pending between the same parties for the same cause; or (b) Res judicata - if the first action has already
been terminated - the cause of action is barred by prior judgement or by the statute of limitations.
 Petitioner is merely invoking different grounds for the same cause of action. In both cases, petitioner has
the same cause of action – the declaration of nullity of his marriage to respondent. What differs is the
ground upon which the cause of action is predicated. These grounds essentially splits the various aspects of
the pivotal issue that holds the key to the resolution of this controversy, that is the actual status of
petitioner and respondent’s marriage.
A plaintiff is mandated to place in issue in his pleadings, all the issues existing when the suit began. Plaintiff
is bound to set forth in his first action every ground for relief which he claims to exist and upon which he
relied, and cannot be permitted to rely upon them by piecemeal in successive action to recover for the same
wrong or injury
 If two or more suits are instituted on the basis of the same cause of action, the filing of one is available as a
ground for the dismissal of the others. Here, a civil action for collection of debt and an action to foreclose
mortgage are both founded on the debtor’s indebtedness to the creditor. Both demands arise from the
same cause, the non-payment of the debt, and, for that reason, they constitute a single cause of action.
 Joinder of Causes of Action: It is the assertion of as many causes of action a party may have against another
in one pleading alone. It is the process of uniting two or more demands or rights of action in one action.
 A joinder of causes of action is only permissive, not compulsory; hence, a party may desire to file a single
suit for each of his claims.
 A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may have
against an opposing party, subject to the following conditions:
a. comply with the rules on joinder of parties;
 b. shall not include special civil actions or actions governed by special rules;
c. Where the causes of action are between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of
action falls within the jurisdiction of said court and the venue lies therein
d. claims in all the causes of action are principally for recovery of money, the aggregate amount
claimed shall be the test of jurisdiction.
 Purpose of allowing joinder of causes of action: (1) to avoid multiplicity of suits where the same parties and
subject matter are to be dealt with by effecting in one action a complete determination of all matters in
controversy and litigation between the parties involving one subject matter, and (2) to expedite the
disposition of litigation at minimum cost.

 Permissive joinder of parties: All persons in whom or against whom any right to relief in respect to or
arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or
in the alternative, may join as plaintiffs or be joined as defendants in one complaint where any question of
law or fact are common to all such plaintiffs or to all such defendants may arise in the action. But the court
may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put
to expense in connection with any proceedings in which he may have no interest.
1. Party shall comply with the rules on joinder of parties;
a. Right to relief exists in favor of or against several persons;
b. Arises out of the same transaction or series of transaction; and
c. common question of law or fact
2. joinder shall not include special civil actions governed by special rules;

Illustration: a special civil action for partition governed by Rule 69 of the ROC cannot be joined in an
ordinary civil action for rescission which is governed by the ordinary rule of civil procedure. In like
manner, an action for collection of sum of money may not be properly joined with an action for
ejectment.

The former is an ordinary civil action requiring a full-blown trial, while an action for unlawful
detainer is a special civil action which requires summary procedure

3. Where the causes of action are between the same parties but pertain to different venues or
jurisdiction, the joinder may be allowed in the RTC provided one of the causes of action falls within
the jurisdiction of said court and venue lies therein; and
4. Totality Test- Where claims in all causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test for jurisdiction.

Note: “where there are several claims or causes of action between the same or different parties,
embodied in the same complaint, the amount of the demand shall be the totality of the claims in all
the causes of action, irrespective of whether the causes of action arouse out of the same or
different transactions.” (The totality or the aggregate amount contemplates the amount itself
without including exemplary, moral, and other type of damages that may be awarded by the court.)
 Joinder of claims in small claims cases: plaintiff may join, in a single statement of claim, one or more
separate small claims against a defendant provided that the total amount claimed, exclusive of interest and
costs, does not exceed P1M.
 Misjoinder of causes of action: Not a ground for dismissal of an action. May be severed and proceeded with
separately upon motion of a party or on the initiative of the court. However, if the plaintiff refuses to sever
the misjoined cause of action, the complaint may be dismissed for failure to comply with a lawful order of
the court, and not for the misjoined cause of action per se.
 If there is no objection to the improper joinder or the court did not motu proprio direct a severance, the
court may simultaneously adjudicate the erroneously joined causes of action, provided it has jurisdiction
over all causes of action.
 If the court trying the case has no jurisdiction over a misjoined cause of action, then such misjoined cause of
action has to be severed, any adjudication rendered by the court with respect to the same would be a
nullity.
 Splitting of cause of action vs. Joinder of causes of action
 Splitting of cause of action:
 Practice of dividing one cause of action into different parts and making each part the subject of
a separate complaint
 Prohibited. A party may not institute more than one suit for a single cause of action.
 Causes multiplicity of suits and double vexation on the part of the defendant
 The filing of one (litis pendentia) or a judgement upon the merits in any one (res judicata) is
available as a ground for the dismissal of the others
 Joinder of causes of action:
 Assertion of as many causes of action as a party may have against another in one pleading
alone.
 Encourage. No sanction against non-joinder of separate causes of action since a plaintiff needs
only a single cause of action to maintain an action.
 It minimizes multiplicity of suits and inconvenience on the parties.
 No adverse effect on the action.

D. Parties to Civil Actions (Rule 3)

 Only natural or juridical persons or entities authorized by law may be parties in a civil action.
 Juridical persons: (a) State and its political subdivisions; (b) Other corporations, institutions and entities for
public interest or purpose, created by law; their personality begins as soon as they have constituted
according to law; and (c) Corporations, partnerships and associations for private interest or purpose to
which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or
member.
 Entities authorized by law to be a party in a civil action: (a) estate of a deceased person; (b) Legitimate
labor organization; and (c) Dissolved corporation provided that suits occur within 3 years after its dissolution
and the suits are in connection with the closure of its affairs
 Action if the party impleaded is not authorized to be a party: Raise as an affirmative defense based on the
ff grounds: (a) Plaintiff not authorized – the ground that “the plaintiff has no legal capacity to sue.”; and
(b) Defendant not authorized – the ground that the “pleading asserting a claim states no cause of action.”
 Lack of legal capacity to sue vs. Lack of legal personality to sue
 Lack of legal capacity to sue:
o Refers to the plaintiff’s general disability to sue such as on account of minority, insanity,
incompetence, lack of jurisdiction personality, or any other general disqualifications of a party.
o Remedy: File an answer and raise an affirmative defense lack of capacity to sue
 Lack of legal personality to sue
o The plaintiff is not the real party in interest.
o Remedy: File an answer and raise an affirmative defense that the complaint states not cause of
action.
 Effect if a suit is not brought by a person authorized to be a party in a civil action: Petition or complaint is
susceptible to dismissal for lack of legal capacity to sue. The defendant may allege that the plaintiff in has no
legal capacity to sue as an affirmative defense in his answer.
 Rules with regard to the right of a foreign corporation to bring suit in Philippine courts:
 Does business in the PH
 o W/ required license - can sue before the PH courts on any transaction;
o W/O a license - cannot sue before the PH courts
 Not doing business in the PH (No license requirement) – can sue before PH courts on an isolated
transaction or on a cause of action entirely independent of any business transactions;
 W/O license to do business and is not doing business in the PH - not disqualified from filing and
prosecuting an action for unfair competition and may be sued for acts done against a person or persons
in the PH, or may be sued in PH courts;
 Does business in the PH w/o license - a PH citizen or entity which has contracted with said corporation
may be estopped from challenging the foreign corporation’s corporate personality in a suit brought
before the PH courts.
 A minor or a person alleged to be incompetent, may sue or be sued, with the assistance of his father,
mother, guardian, or if he has none, a guardian ad litem.
 Rule on spouses as parties
 GR: Husband and wife shall sue or be sued jointly, except as provided by law. (co-administrators)
 XPNs:
1. A spouse without just cause abandons the other or fails to comply with his or her obligations to
the family with respect to marital, parental or property relations;
2. A spouse of age mortgages, encumbers, alienates or otherwise disposes of his or her exclusive
property;
3. The regime of separation of property governs the property relations between spouses.

 Note: In the foregoing exceptions, the presentation of the final judgement against the guilty or
absent spouse shall be sufficient basis for the grant of the decree of judicial separation of
property.
 Despite the separation of property, one spouse may end up being sued and held answerable
for the liabilities incurred by the other spouse because – “the liability of the spouses to
creditors for family expenses, however, be solidary.”

4. Any of the ff shall be considered sufficient cause for judicial separation of property:
a. spouse of the petitioner has been sentenced to a penalty which carries with it civil
interdiction;
b. spouse of the petitioner has been judicially declared absentee;
c. loss of parental authority of the spouse of petitioner has been decreed by the court;
d. spouse of the petitioner has abandoned the latter or failed to comply with his or her
obligations to the family
e. spouse granted the power of administration in the marriage settlements has abused
that power; and
f. at the time of the petition, the spouses have been separated in fact for at least one
year and reconciliation is highly improbable
5. administration of all classes of exclusive property of either spouse may be transferred by the
court to the other spouse:
a. spouse becomes the guardian of the other;
b. spouse is judicially declared an absentee;
c. spouse is sentenced to a penalty which carries with it civil interdiction;
d. spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case.
 Note: If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other
just cause, the court shall appoint a suitable person to be the administrator.
 Kinds of parties in a civil action:
 a. Real parties in interest; (b) Indispensable parties; (c) Representatives as parties; (d) Necessary parties;
(e) Indigent parties; and (f) Pro-forma parties.

 Whose name must an action be prosecuted: As a general rule, every action must be prosecuted or
defendant in the name of the real party in interest. However, an action may also be prosecuted by a
representative or someone acting in a fiduciary capacity. In such case, the beneficiary shall be included in
the title of the case and is considered the real party in interest.
 An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued
without joining the principal except when the contract involves things belonging to the principal.
 Real Party in Interest: Party who stands to be: (a) Benefited or Injured by the judgment in the suit; and (b)
entitled to the avails of the suit.
 Interest must be “real,” a present substantial interest as distinguished from a mere expectancy of a
future, contingent subordinate or consequential interest.
 Interest that is material and direct, as distinguished from a mere incidental interest in the question.
 As a grandchild, Susana has no successional rights to her grandmother’s land except only by virtue of
representation. Consequently, Susana must first establish that her mother cannot inherit the land to prove
that she actually stands to be benefited or injured by the result of the judgement in the suit
 Reasons why actions should be filed under the name of the real-party-in-interest
1. prevent the prosecution of actions by persons w/o any right, title or interest in the case;
2. require that the actual party entitled to legal relief be the one to prosecute the action;
3. avoid multiplicity of suits; and
4. discourage litigation and keep it within certain bounds, pursuant to sound public policy.
 Mere failure to include the name of a party in the title of the complaint is not fatal because the ROC
requires the courts to pierce the form and go into substance and not be misled by a false or wrong name in
the pleadings. Hence, if the body indicates the defendant as a party to the action, his omission in the title
is not fatal.
 Remedy if an action is prosecuted in the name of a person who is not a real party in interest: Raise in his
answer an affirmative defense on the ground of failure to state a cause of action.
 Lack of legal capacity to sue – Disability of the plaintiff to sue, such as on account of minority, insanity,
incompetence, lack of juridical personality or any other general disqualifications of a party
 Lack of personality to sue – Latter refers to the fact that the plaintiff is not the real-party-in-interest.
 Not being one of the bidders, he clearly has no legal personality to contest the alleged rigged bidding and
grant of franchise. Every action must be prosecuted or defended in the name of the real-party-in-interest,
who stands to be benefited or injured by the judgement in the suit, or the party entitled to the avails of
the suit.
 Eden is not a stranger to the action but a “transferee pendente lite.” His interest cannot be considered and
tried separately from the interest of the named defendants as his rights were derived from them. Eden’s
interest is independent of the interest of the named defendants. There may be no need for the transferee
pendente lite to be substituted or joined in the case, because in legal contemplation, he is not really
denied protection as his interest is one and the same as his transferors, who are already parties to case.
 Doctrine of locus standi - Requires a litigant to have a material interest in the outcome of the case. Refers
to a personal and substantial interest in a case such that the party has sustained or will sustain direct
injury because of the challenged governmental act.

Since the rule is a mere procedural technicality, the Court has waived or relaxed the rule, allowing persons
who may not have been personally injured by the operation of a law or a governmental act. The court has
laid out the bare minimum norm to extend the standing to sue the “non-traditional suites” as such:
1. Taxpayers- there must be a claim of illegal disbursement of public funds, or that the tax measure is
unconstitutional;
 2. Voters – there must be a showing of obvious interest in the validity of the law in question;
3. Concerned citizens – there must be showing that the issues raised are of transcendental
importance, which must be settled early; and
4. Legislators – there must be a claim that the official action complained of infringes on their
prerogative as legislators.
 Real Party-in-Interest vs. Locus standi
 Real Party-in-Interest: A party that (a) stands to be benefited or injured from the judgment (b)
entitled to the avails of the suit.
 Interest must be real, present substantial interest, as distinguished from mere expectancy or a future,
contingent subordinate or consequential interest.
 Every action must be prosecuted in the name of the real party in interest.

 Locus Standi - Right of appearance in a court of justice on a given question.

 One who sues must show that he has sustained injury or will sustain a direct injury as a result of a
government action, or has a material interest in the issue affected by the challenged official act.
 Significant in cases involving questions of constitutionality, because it is one of the essential requisites
before such questions may be judicially entertained.
 Alternative defendants. - Where the plaintiff is uncertain against who of several persons he is entitled to
relief, he may join any or all of them as defendants in the alternative, although a right to relief against one
may be inconsistent with a right of relief against the other
 If the identity of a defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by such
other designation as the case may require and the pleading must be amended when his identity is
discovered. If the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any
or all of them as defendants in the alternative.
 Sole proprietorship has no juridical personality separate and distinct from the personality of the owner.
The law merely recognizes the existence of a sole proprietorship as a form of business organization
conducted for profit by a single individual and requires its proprietor or owner to secure licenses and
permits, register its business name, and pay taxes to the national government The law does not vest a
separate and legal personality on the sole proprietorship or empower it to file or defend an action in court.
The proprietorship or proprietress can be considered as real party-in-interest and has a standing to file a
case.
 Pro forma party - One who is joined as plaintiff or defendant, not because such party has any real interest in
the subject matter or because any relief is demanded, but merely because the technical rules of pleadings
require the presence of such party on the record
 Indispensable Party - Party in interest without whom no final determination can be had of an action
 One whose interest in the subject matter of the suit and the relief sought are so inextricably intertwined
with other parties that his legal presence as a party to the proceeding is an absolute necessity.
 Compulsory joinder of indispensable parties. - Parties in interest without whom no final determination can
be had of an action shall be joined either as plaintiffs or defendants.
 Joinder of indispensable parties in an action mandatory - Parties in interest w/o whom no final
determination can be had of an action shall be joined either as plaintiffs or defendants. The joinder of all
indispensable parties is a condition sine qua non for the exercise of judicial power
 Absence of an indispensable party renders all subsequent actions of the court null and void for want of
authority to act, not only as to the absent parties but even as to those present
 Test to determine whether a party is an indispensable party: (a) Can relief be afforded to the plaintiff
without the presence of the other party?; and (b) Can the case be decided on its merits without prejudicing
the rights of other party?
 Failure to implead an indispensable party not a ground for dismissal - only if the plaintiff refuses to
implead an indispensable party despite the order of the court that the court may dismiss the complaint for
the plaintiff’s failure to comply with the order.
 The mere non-joinder of an indispensable party is not a ground for the dismissal of the action.
 With regard to actions for partition requires that all persons interested in the property shall be joined as
defendants. Thus, all the co-heirs and persons having an interest in the property are indispensable parties;
as such, an action for partition will not lie without the joinder of the said parties. However, the CA erred in
ordering the dismissal of the complaint because of Santiago’s failure to implead all the indispensable parties
in his complaint. The Court definitively explained that in instances of non-joinder of indispensable parties,
the proper remedy is to implead them all and not to dismiss the case
 Necessary party - A necessary party is one who is not indispensable but who ought to be joined as a party if
complete relief is to be accorded as to those already parties, or for a complete determination or settlement
of the claim subject of the action
 Indispensable party vs. Necessary party
 Indispensable party
 without whom no final determination can be had of an action shall be joined either as plaintiffs or
defendants
 Must be joined under any and all conditions because the court cannot proceed without him or her
 No valid judgement if they are not joined.
 Necessary parties
 one who is not indispensable but who ought to be joined as a party if (a) complete relief is to be
accorded as to those already parties, or for a (b) complete determination or settlement of the claim
subject of the action
 Necessary parties should be joined whenever possible; however, the action can proceed even in
their absence because his interest is separable from that of indispensable party
 case may be determined in court but the judgement therein will not afford a complete relief in favor
of the prevailing party.
 Those who are not indispensable but ought to be joined as parties: (a) If complete relief is to be accorded
to those already parties; or (b) complete determination or settlement of the claim subject of the action.
 Whenever in any pleading in which a claim is asserted, a necessary party is not joined, the pleader shall set
forth his name, if known, and shall state why he is omitted.
 Non-joinder of necessary parties to be pleaded. - Whenever in any pleading in which a claim is asserted, a
necessary party is not joined, the pleader shall set forth his name, if known, and shall state why he is
omitted. Should the court find the reason for the omission unmeritorious, it may order the inclusion of the
omitted necessary party if jurisdiction over his person may be obtained.
 The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver of
the claim against such party
 Misjoinder of parties vs. Non-joinder of parties
 Misjoinder
 made a party to an action albeit he should not be impleaded.
 If there is a claim against a party misjoined, the same may be severed and proceeded with
separately
 Non-joinder
 supposed to be joined but is not impleaded in the action.
 When a pleading, a claim is asserted a necessary party is not joined, the pleader shall set forth his
name, if known, and shall state why he is omitted. Should the court find the reason unmeritorious, it
may order the inclusion of the omitted necessary party if jurisdiction over his person may be
obtained
  Neither a ground for the dismissal of an action. Parties may be dropped or added by the court on
motion of any party or sua sponte at any stage of the action and on such terms as are just.
 However, the failure to obey the order of the court to drop or add a party is a ground for the dismissal
of the complaint based on the failure of the plaintiff to comply with a court order
 Unwilling co-plaintiff. - If the consent of any party who should be joined as plaintiff cannot be obtained, he
may be made a defendant and the reason therefor shall be stated in the complaint. (Indispensable Party)
 Representatives as parties. - Where the action is allowed to be prosecuted or defended by a representative
or someone acting in a fiduciary capacity, beneficiary shall be included in the title of the case and shall be
deemed to be the real party in interest. A representative may be (1) a trustee of an express trust, guardian,
(2) executor or administrator, or (3) a party authorized by law. An agent acting in his own name and for the
benefit of an undisclosed principal may sue or be sued without joining the principal except when the
contract involves things belonging to the principal.
 Class suit – an action where on or some of the parties may sue for the benefit of all. (1) subject matter of
the controversy is one of common or general interest to many persons (2) so numerous that it is
impracticable to join all as parties, a number of them which the court finds to be (3) sufficiently numerous
and representative as to fully protect the interests of all concerned may (4) “Representative” sues or defend
for the benefit of all. Any party in interest shall have the right to intervene to protect his individual interest
 Illustration: A civil case instituted for the cancellation of existing timber license agreements in the country
by petitioners in behalf of themselves and others who are equally concerned about the preservation of the
country’s resources is indeed a class suit. The subject matter of the complaint is of common and general
interest not just to several, but to all citizens of the Philippines
 Instances where the requisite of common interest is not present: (1) Suit brought by a non-stock
corporation to recover property of its members; (2) Recovery of damages for personal reputation (Libel);
and (3) action for recovery of real property individually held (where each of the defendants has an interest
only in the particular portion of the land he is actually occupying, and not in the portions individually
occupied by the other defendants)
 Even if the parties are numerous, there must be a community of interest for a class suit because the subject
matter of the controversy must be of common interest among all of them. If the class suit is not proper, the
remedy of the parties is either to bring suit individually or join them all as parties under the rule on
permissive joinder of parties.
 Suits against entities without juridical personality - two or more persons not organized as an entity with
juridical personality enter into a transaction
 They may be sued under the name by which they are generally or commonly known.
 Answer of such defendant, the names and addresses of the persons composing said entity must all be
revealed.
 Persons associated in an entity without juridical personality, however, cannot sue under such name,
because, as stated in the Rules, its authority to be a party is confined only to being a defendant, as is evident
from the words “they may be sued.”
 Effect of death of party litigant
 Duty of counsel. - Whenever a party to a pending action dies, and the claim is not thereby extinguished, it
shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact
thereof, and to give the name and address of his legal representative or representatives. Failure of counsel
to comply with this duty shall be a ground for disciplinary action.
 Heirs of the deceased may be allowed to be substituted for the deceased, without requiring the
appointment of an executor or administrator and the court may appoint guardian ad litem for the minor
heirs
 Court shall forthwith order said legal representative or representatives to appear and be substituted within
a period of thirty (30) days from notice.
 If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to
appear within the specified period, the court may order the opposing party, to procure the appointment of
an executor or administrator for the estate of the deceased and the latter shall immediately appear for and
on behalf of the deceased. The court charges in procuring such appointment, if defrayed by the opposing
party, may be recovered as costs.
 Duty of litigant - to inform the court of its counsel’s demise, failure to apprise the court of such fact shall be
considered negligence on the part of said party.
 Illustration: For failure of the petitioner to notify the CA of the death of its counsel of record and have said
counsel substituted, service of the CA Decision at the place or law office designated by its counsel of record
as his address, is sufficient notice. The case then became final and executory when no motion for
reconsideration or appeal was filed within the reglementary period therefor
 Effect of the death of a party upon a pending action:
 Purely personal action - extinguishes the claim and the action is dismissed;
 Not purely personal - not extinguished and the party should be substituted;
 Recovery of money arising from contract - allowed to continue until entry of judgement and shall be
enforced in the manner provided in the rules for prosecuting claims against the estate

Substitute defendant need not be summoned. Order of substitution shall be served upon the parties
substituted for the court to acquire jurisdiction over the substitute party. If there is notice of death, the
court should await the appointment of legal representative; otherwise, subsequent proceedings are
void.
 Effect of the death of a party before an action is filed - Deceased person does not have capacity to be sued
and may not be made a defendant in a case. The complaint against him should be dismissed on the ground
that the pleading asserting the claim states no cause of action. Proper remedy is to file a claim against the
estate of the deceased in a proper proceeding.
 Claims that survive vs. Claims that do not survive
 Claims/actions that survive
 Recovery of contractual money claims (oral or written);
 Recovery/protection of property rights;
 Recovery of real or personal property or interest;
 Enforcement of lien;
 Recovery of damages for an injury to person or property and suits by reason of the alleged tortuous
acts of the defendant;
 Actions and obligations arising from delicts; and
 Ejectment case.

Note: The wrong complained [of] affects primarily and principally property and property rights, the
injuries to the person being merely incidental.
 Claims/actions that do not survive
 Purely personal (e.g. Legal separation);
 Performance that cannot be purely delegated; and
 Claim that cannot be instituted by executor or administrator.

Note: Injury complained of is to be the person, the property and rights of property affected being
incidental
 Purpose of non-survival of claims - Reason for the dismissal of the case is that upon the death of the
defendant a testate or intestate proceeding shall be instituted in the proper court wherein all his creditors
must appear and file their claims which shall be paid proportionately out of the property left by the
deceased
 Purpose and importance of substitution of the deceased - protection of the right of every party to due
process. To ensure that the deceased would continue to be properly represented in the suit thru duly
appointed legal representative of the estate.
 Heirs of deceased party automatically qualify as substitutes - Heirs of the deceased may be allowed to be
substituted for the deceased, without requiring the appointment of an executor or administrator and the
court may appoint guardian ad litem for the minor heirs.
 Effect of non-compliance with the rules on substitution
 GR: Renders the proceeding of the trial court infirm because the court acquired no jurisdiction over the
person of the legal representative.
 XPNs: non-compliance does not deprive the court of jurisdiction
 heirs themselves voluntarily appeared, participated in the case and presented evidence in
defense of deceased defendant;
 In ejectment cases, the counsel fails to inform the court of the death of his client and thereby
results to the non-substitution of the deceased by his legal representatives. (Binding upon the
Successor-in-interest of the deceased)
 Death or separation of a party who is a public officer - in an action in his official capacity and during its
pendency dies, resigns, or otherwise ceases to hold office, action may be continued and maintained by or
against his successor if, within thirty (30) days after the successor takes office or such time as may be
granted by the court, it is satisfactorily shown to the court by any party that there is a substantial need for
continuing or maintaining it and that the successor adopts or continues or threatens to adopt or continue
the action of his predecessor.
 Before a substitution is made, the party or officer to be affected, unless expressly assenting thereto, shall be
given reasonable notice of the application therefor and accorded an opportunity to be heard.
 Incompetency or incapacity - a party becomes incompetent or incapacitated, the court, upon motion with
notice, may allow the action to be continued by or against the incompetent or incapacitated person assisted
by his legal guardian or guardian ad litem.
 Transfer of interest. - action may be continued by or against the original party, unless the court upon motion
directs the person to whom the interest is transferred to be substituted in the action or joined with the
original party
 Indigent party. - one who has no money or property sufficient and available for food, shelter and basic
necessities for himself and his family. (a) immediate family’s gross income must not exceed double the
monthly minimum wage; and (b) Any real property that he or she owns should not exceed 300k in fair
market value.
 Include an exemption from payment of docket and other lawful fees, and of transcripts of stenographic
notes which the court may order to be furnished him
 amount of the docket and other lawful fees (exempted from paying) shall be a lien on any judgment
rendered in the case favorable to the indigent
 Any adverse party may contest the grant of such authority at any time before judgment is rendered by the
trial court. If the court should determine after hearing that the party declared as an indigent is in fact a
person with sufficient income or property, the proper docket and other lawful fees shall be assessed and
collected by the clerk of court
 If payment is not made within the time fixed by the court, execution shall issue or the payment thereof,
without prejudice to such other sanctions as the court may impose
 Notice to the Solicitor General. - In any action involving the validity of any treaty, law, ordinance, executive
order, presidential decree, rules or regulations, the court, in its discretion, may require the appearance of
the Solicitor General who may be heard in person or through a representative duly designated by him.
E. Venue (Rule 4)
 The place, or geographical area, in which a court with jurisdiction may hear and determine a case.
 Purpose: To attain the greatest convenience to the party litigants by taking into consideration the maximum
accessibility to them of the courts of justice.
 Improper venue is not one of the grounds wherein the court may dismiss an action motu proprio
 Improper venue is an affirmative defense which the defendant may raise in his or her answer seasonably,
else it is deemed waived.
 In civil cases, venue is not a matter of jurisdiction. Jurisdictional in criminal cases.
 Philippine courts to have jurisdiction when the abusive conduct or act of violence (c) was committed outside
the Philippine territory, the victim be a resident of the place where the complaint is filed in view of the
anguish suffered being a material element of the offense.
 There can be no election as to the venue of the filing of a complaint when the plaintiff has no residence in
the PH. Complaint in such case may only be filed in the court of the place where the defendant resides.
 Eliminate the qualifying term “principal” and the purpose of the Rule would, “be defeated where a nominal
or formal party is impleaded in the action since the latter would not have the degree of interest in the
subject of the action which would warrant and entail the desirably active participation expected of litigants
in a case.
 Venue of actions against nonresidents defendants - place where the plaintiff resides, or where the property
or any portion thereof is situated or found.
 Defendant does not reside but is found in the PH - Personal actions – plaintiff or any of the principal
plaintiffs resides, or where the non-resident defendant may be found, at the election of the plaintiff. Real
actions – proper court which has jurisdiction over the area wherein the real property involved, or a portion
thereof, is situated.
 When the Rules on Venue do not apply – (a) cases where a specific rule or law provides otherwise; or (b)
parties have validly agreed in writing before the filing of the action on the exclusive venue thereof.
 Effects of stipulations on venue - (a) In writing; (b) Exclusive as to the venue; and (c) Made before the filing
of the action.
 Parties may agree on a specific venue which could be in a place where neither of them resides. Stipulation
on venue is void and unenforceable when it is contrary to the public policy.
 When exclusive - stipulation clearly indicates, thru qualifying and restrictive words that the parties
deliberately exclude causes of actions from the operation of the ordinary permissive rules on venue and that
they intended contractually to designate a specific venue to the exclusion of any other court also competent
and accessible to the parties under the ordinary rules on venue of actions.
 Absence of restrictive words, the stipulation should be deemed as merely an agreement on an additional
forum, not as limiting venue.
 Examples of words with restrictive meaning: (a.) Only; (b.) Solely; (c.) Exclusively in this court; (d.) In no
other court save; (e.) Particularly; (f.) Nowhere else but/except; (g.) Words of similar import.
 Where the complaint assails only the terms, conditions, and/or coverage of a written instrument and not its
validity, the exclusive venue stipulation contained therein shall still be binding upon the parties, and thus,
the complaint may be properly dismissed on the ground of improper venue.
 A complaint directly assailing the validity of the written instrument itself should not be bound by the
exclusive venue stipulation contained therein and should be filed in accordance with the general rules on
venue.
 Venue may be changed or transferred from one province to another by agreement of the parties in writing,
such an agreement will not be held valid where it practically negates the action of the claimants
F. Pleadings
 Written allegations of the parties of their respective claims and defenses submitted to the court for trial and
judgment
 Pleading should state the ultimate facts essential to the rights of action or defense asserted
 Functions:
1. inform the defendant clearly and definitely of the claims made against him so that he may be
prepared to meet the issues at trial;
2. inform the defendant of all material facts on which the plaintiff relies to support his demand; and
3. state the theory of cause of action which forms the bases of plaintiff’s claim of liability

1. Kinds (Rule 6)
 (a.) Complaint; (b.) Answer; (c.) Counterclaim; (d.) Cross-claim; (e.) Reply; (f.) Rejoinder; (g.) Third
party (fourth-party etc.) complaint or counterclaim; (h.) Counter-cross-claim; and (i.) Complaint-in-
intervention.
 Complaint. — pleading alleging the plaintiffs or claiming party's cause or causes of action. Names
and residences of the plaintiff and defendant must be stated in the complaint, if known.
 Evidentiary facts - necessary for determination of the ultimate facts; premises upon which
conclusions of ultimate facts are based.
 Ultimate facts - essential facts constituting the plaintiff’s cause of action. It cannot be stricken out
without leaving the statement of the cause of action insufficient.
 Allegations of the complaint must be based on the ultimate facts, including the evidence on which
the party pleading relies for his claims or defenses which need to be attached to the complaint.
 Answer. — pleading in which a defendant or other adverse party sets forth the negative and
affirmative defenses upon which he relies. It may be an answer to the complaint, an answer to a
counterclaim, or an answer to a crossclaim.
 Filed within 30 days after service of summon.
 Defendant foreign private juridical entity - Filed within 60 days after summon made on the
government official designated by law to receive the same
 Period to file answer extendible once for meritorious reasons for 30 days.
 Negative defense - specific denial of the material fact or facts alleged in the pleading of the
claimant essential to his cause or causes of action
 Kinds of specific denials
1. Absolute denial - specifies each material allegation of fact the truth of which he or she
does not admit; sets forth the substance of the matters upon which he relies to support his
denial.
2. Partial denial - denies only a part of the averment, specifies that part the truth of which he
admits and denies only the remainder
3. Denial by disavowal of knowledge - alleges that he or she is without knowledge or
information sufficient to form a belief as to the truth of a material averment made in the
complaint. Must be availed of with sincerity and good faith, not for the purpose of
confusing the other party, nor for purposes of delay.
 Insufficient denials or denials amount to an admission
1. General denial - admission of the material averments in the pleading asserting a claim or
claims
2. Denial in the form of a negative pregnant - negative implying also an affirmative, stated in
a negative form, really admits the allegations to which it related. Form of a negative
 expression which carries with it an affirmation or at least an implication of some kind
favorable to the adverse party.
Note: Does not qualify as a specific denial. Conceded to be actually an admission. Refers to
a denial which implies its affirmative opposite by seeming to deny only a qualification or
an incidental aspect of the allegation but not the main allegation itself.

An ambiguous pleading, since it cannot be ascertained whether it is the fact, or only the
qualification that is intended to be denied.

Example: Assertion of a defendant which questions the amount of money involved in a

bank account but does not deny its existence, when such is the issue in the case, is said to
have admitted the existence of such bank account. The denial of the amount of money
deposited is pregnant with an admission of the existence of the bank account.
 Affirmative Defense - allegation of a new matter; hypothetically admitting the material allegations
in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her.
 Includes fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel,
former recovery, discharge in bankruptcy, and any other matter by way of confession and
avoidance. Grounds for the dismissal of the complaint: (1) lack of jurisdiction over the subject-
matter; (2) litis pendentia; and (3) res judicata.
 (1) court has no jurisdiction over the person of the defending party; (2) venue is improperly laid;
(3) plaintiff has no legal capacity to sue; (4) pleading asserting the claim states no cause of action;
and (5) condition precedent for filing the claim has not been complied with.
 Raising affirmative defenses does not amount to acceptance of the jurisdiction of the court, but
praying for affirmative reliefs is considered voluntary appearance and acquiescence to the court’s
jurisdiction.
 Counterclaim. — Any claim for money or other relief which a defending party may have against an
opposing party. Need not diminish or defeat the recovery sought by the opposing party, but may
claim relief exceeding in amount or different in kind from that sought by the opposing party's
claim.
 Any claim which a defending party may have against an opposing party. Partakes of a complaint by
the defendant against the plaintiff.
 A distinct and independent cause of action. When filed, there are two simultaneous actions
between the same parties
 Two kinds of counterclaims: Compulsory and Permissive
1. Compulsory - does not require for its adjudication the presence of third parties of whom
the court cannot acquire jurisdiction
 arises out of or is necessarily connected with the transaction or occurrence that is the
subject matter of the opposing party’s claim
 Barred if not set up in the same action; unless (a) Counterclaim arising after answer;
(b) Omitted counterclaim.
 Need not be answered; No default
 Not an initiatory pleading.
 Need not be accompanied by a certification against forum shopping and certificate to
file action by the Lupong Tagapamayapa: GR: court has jurisdiction to entertain both
as to the amount and nature; XPN: an original action before the RTC, the
counterclaim may be considered compulsory regardless of the amount
 Requisites of a compulsory counterclaim: (a) Cognizable by the regular courts of
justice; (b) Arises out of or is connected with the transaction or occurrence
constituting the subject matter of the opposing party’s claim; (c) Within the
 jurisdiction of the court both as to the amount and the nature thereof. (However, in
original claims before the Regional Trial Court, it may be compulsory notwithstanding
the amount.)
 A compulsory counterclaim not be raised in the same action is barred, unless
otherwise allowed by the Rules.
2. Permissive - does not arise out of nor is it necessarily connected with the subject matter
of the opposing party’s claim. Absence of a logical connection with the subject matter of
the complaint.
 Require for its adjudication the presence of third parties over whom the court cannot
acquire jurisdiction.
 Not barred even if not set up in the action.
 Must be answered; Otherwise, default.
 Accompanied by a certification against forum shopping and whenever required by
law, also a certificate to file action by the Lupong Tagapamayapa.
 Must be within the jurisdiction of the court where the case is pending and cognizable
by regular courts of justice otherwise, defendant will have to file it in separate
proceeding which requires payment of docket fee.
 Example of a compulsory counterclaim - moral, actual and exemplary damages, and attorney’s
fees against the respondent on account of his or her malicious and unfounded complaint are
compulsory
 Example of a permissive counterclaim - action for collection for unliquidated cash advances and
unremitted costs filed by an insurance company against its insurance agent, the latter
counterclaimed for the payment of direct commissions, profit commissions, contingent bonuses,
and accumulated premium.
 The evidence required to prove agent’s claim differed from that needed to establish insurance
company’s demands for the recovery. The recovery of insurance company’s claim is not contingent
or dependent upon establishing agent’s counterclaim, such that conducting separate trials will not
result in the substantial duplicate of the time and effort of the court and parties.
 Effect on Counterclaim when Complaint is Dismissed - the counterclaim shall not be dismissed in
the following instances:
 Dismissal by order of the court - a counterclaim has been pleaded by a defendant prior to the
service upon him of the plaintiff's motion to dismiss, unless the counterclaim can remain
pending for independent adjudication by the court
 Failure to prosecute - If the dismissal is due to the fault of the plaintiff
 Cross-claim. —any claim by one party against a co-party arising out of the transaction or
occurrence that is the subject matter either of the original action or of a counterclaim therein
 May cover all or part of the original claim
 Requisites of Crossclaim
1. Claim by one party against a co-party;
2. Arise out of the subject matter of the complaint or of the counterclaim;
3. Cross-claimant is prejudiced by the claim against him by the opposing party.
 GR: Barred if not set up
 XPNs: (1) Crossclaim arising after answer; and (2) Omitted crossclaim.
 Third, (fourth, etc.)-party complaint - a claim that a defending party may, with leave of court, file
against a person not a party to the action, called the third (fourth, etc.)-party defendant for
contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim.
 Instances when Third-Party Complaint shall be Denied and Separate Action must be instituted
1. defendant cannot be located within thirty (30) calendar days from the grant of such leave
2. unnecessary issues may be introduced; or
 3. a new and separate controversy is introduced
 A third-party complaint is filed, it need not be based on the same theory as that in the main
complaint. It can be a different theory altogether.
 A third (fourth, etc.) – party defendant may allege in his or her answer his or her defenses,
counterclaims or cross-claims, including such defenses that the third (fourth, etc.) – party plaintiff
may have against the original plaintiff’s claim.
 In proper cases, he or she may also assert a counterclaim against the original plaintiff in respect of
the latter’s claim against the third-party plaintiff.
 Bringing new parties. — When the presence of parties other than those to the original action is
required for the granting of complete relief in the determination of a counterclaim or cross-claim,
the court shall order them to be brought in as defendants, if jurisdiction over them can be
obtained.
 Test to Determine Whether the Third-Party Complaint is in respect of Plaintiff’s Claim
1. it arises out of the same transaction on which the plaintiff’s claim is based, or, although
arising out of another or different transaction, is connected with the plaintiff’s claim;
2. third-party defendant would be liable to the plaintiff or to the defendant for all or part of the
plaintiff’s claim against the original defendant; and
3. defenses which the thirdparty plaintiff has or may have to the plaintiff’s claim.
 Where the trial court has jurisdiction over the main case, it also has jurisdiction over the third-
party complaint, regardless of the amount involved as a third-party complaint is merely auxiliary to
and is a continuation of the main action.
 Neither an appeal nor a petition for certiorari is the proper remedy from the denial of a third-party
claim. Since the third-party claimant is not one of the parties to the action, he could not, strictly
speak, appeal from the order denying its claim, but should file a separate reinvindicatory action
against the execution creditor or a complaint for damages against the bond filed by the judgment
creditor in favor of the sheriff. The rights of a third-party claimant should be decided in a separate
action to be instituted by the third person.
 Intervention - A person who has a (a) legal interest in the matter in litigation, or in the success of
either of the parties, or (b) an interest against both, or is so situated as to be adversely affected by
a distribution or other disposition of property in the custody of the court or of an officer thereof
may, with leave of court, be allowed to intervene in the action. The court shall consider whether or
not the intervention will unduly delay or prejudice the adjudication of the rights of the original
parties, and whether or not the intervenors rights may be fully protected in a separate proceeding.
 A remedy by which a third party, not originally impleaded in a proceeding, becomes a litigant
therein to enable him to protect or preserve a right or interest which may be affected by such
proceeding.
 How to intervene – (1) with leave of court; (2) filed before rendition of judgment; and (3) copy of
the pleadings-in-intervention attached to the motion and served to the original parties.
 GR: May be filed at any time before the rendition of judgment by the trial court.
 XPNs: (1) Indispensable parties; even on appeal (2) Republic; and (3) to protect some interest
which cannot otherwise be protected, and for the purpose of preserving the intervenor’s right to
appeal, even after judgment.
 Complaint-in-intervention - pleading filed for the purpose of asserting a claim against either or all
of the original parties
 Answer-in-intervention - if he or she unites with the defending party in resisting a claim against
the latter. Filed within fifteen (15) calendar days from notice of the order admitting the same
 Intervention is never an independent action, but is ancillary and supplemental to an existing
litigation, and in subordination to the main proceeding.
 Merely an interlocutory proceeding dependent or subsidiary to the main action.
 Main action ceased to exist, there is no pending proceeding wherein the intervention may be
based. A judgment approving a compromise agreement is final and immediately executory.
Continuance of an intervention in this case would serve no purpose at all.
 Requisites for an Intervention by a non-party in an action pending in court (2000 BAR)
1. motion for leave to intervene filed before rendition of judgment by the trial court
2. Movant must show that he or she has a:
(a) Legal interest in the matter in controversy;
(b) Legal interest in the success of either of the parties; or
(c) Legal interest against both;
(d) So situated as to be adversely affected by a distribution or other disposition of property;
(e) will not unduly delay or prejudice the adjudication of the rights of original parties; and
(f) will not unduly delay or prejudice the adjudication of the rights of original parties.
 In general, an independent controversy cannot be injected into a suit by intervention, where it
would enlarge the issues in the action and expand the scope of the remedies. Not proper where
there are certain facts giving the intervenor’s case an aspect peculiar to himself and differentiating
it clearly from that of the original parties; the proper course is for the would-be intervenor to
litigate his claim in a separate suit.
 Where the lower court’s denial of a motion for intervention amounts to a final order, an appeal is
the proper remedy, as when the denial leaves the intervenor without further remedy or resort to
judicial relief.
 Right to appeal applies only to the denial of his intervention. Not being a party to the case, a
person whose intervention the court denied has no standing to question the decision of the court.
 Reply — All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to
interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an
amended or supplemental complaint
 Plaintiff may file a reply only if the defending party attaches an actionable document to his or her
answer
 It is a responsive pleading to an answer.
 In the event of an actionable document attached to the reply, the defendant may file a rejoinder if
the same is based solely on an actionable document.
 A rejoinder is the defendant’s answer to the plaintiff’s replication
 Filed within fifteen (15) calendar days from service of the pleading responded to.
 Where the defense in the answer is based on an actionable document, a reply under oath may be
made. Otherwise, the genuineness and due execution of the document shall be deemed admitted
 Pleadings allowed in Small Claims Cases
1. Statement of Claim (Form 1-SSC); accompanied by a certification of non-forum shopping.
Claim is based on an actionable document, required to attach two duly certified copies of
such document as well as affidavits of witnesses and other evidence to support the claim.
Mandatory requirement. No evidence shall be allowed during the hearing which was not
attached to the claim unless good cause is shown for the admission of the evidence
2. Response;
3. Counterclaim;
a. Compulsory counterclaim
i. within the coverage of the Rule, exclusive of interest and costs;
ii. Arises out of the same transaction or event that is the subject matter of
the plaintiff’s claim;
iii. Does not require for its adjudication the joinder of third parties;
iv. Not a subject of another pending action
 b. Permissive counterclaim - against the plaintiff that does not arise out of the same
transaction or occurrence, provided that the amount and nature thereof are
within the coverage and the prescribed docket and other legal fees are paid.
 Civil Cases covered by the Rule on Small Claims - Claims or demands may be:
1. For money owed under any of following: Contract of (a) loan; (b) lease; (c) services; (d) sale;
or (e) mortgage. - threshold amount P1M
 Pleadings allowed in Cases covered by the Rules on Summary Procedure: (a) complaint; (b)
Compulsory counterclaim; (c) Crossclaims pleaded in answer; and (d) Answers to these pleadings.
 Prohibited Pleadings, Motions, and Petitions in Small Claims and Summary Procedure
1. GR: Motion to dismiss the complaint.
XPNs: cases covered by summary procedure, a motion to dismiss may be filed only either
on the ground of:
a. Lack of jurisdiction over the subject matter; or
b. Failure to refer the dispute to the Lupon Tagapamayapa
Note: In cases covered by small claims, a Motion to Dismiss is a prohibited pleading
which admits no exceptions
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a judgment (on the merit), or for reopening
of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits, or any other paper;
6. Memoranda
7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by
the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints; and
12. Interventions (Sec.14, A.M. No. 08-8-7-SC)

2. Parts of a Pleading (Rule 7)

1. Caption – name of the court, title of the action; and docket number.
 Title of the action indicates the names of the parties. They shall all be named in the
original complaint or petition.
 In subsequent pleadings, it shall be sufficient if the name of the first party on each side be
stated with an appropriate indication when there are other parties. Their respective
participation in the case shall be indicated.
2. Body - designation, the allegations of the party’s claims or defenses, the relief prayed for, and
the date of the pleading
a. Paragraphs - allegations in the body of a pleading shall be divided into paragraphs, contain
a statement of a single set of circumstances so far as that can be done with convenience..
A paragraph may be referred to by its number in all succeeding pleadings.
b. Headings –
i. Two or more causes of action are joined - statement of the first shall be prefaced by the
words “first cause of action," of the second by "second cause of action," and so on for the
others
ii. One or more paragraphs in the answer are addressed to one of several causes of
action in the complaint - prefaced by the words "answer to the first cause of action" or
"answer to the second cause of action" and so on
 c. Relief - specify the relief sought, but it may add a general prayer for such further or other
relief as may be deemed just or equitable
d. Date;
e. Name of witnesses who will be presented to prove a party’s claim or defense;
f. Summary of the witnesses’ intended testimonies, thru attached judicial affidavits which
shall form an integral part of the pleading;
g. Documentary and object evidence in support of the allegations contained in the pleading
3. Signature and address – signed by the plaintiff or counsel representing him
 Effect of Counsel’s Signature - constitutes a certificate by him that:
1. He has read the pleading and document;
2. To the best of his knowledge, information, and belief, formed after an inquiry reasonable
under the circumstances:
a. not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation;
b. claims, defenses, and other legal contentions are warranted by existing law or
jurisprudence, or by a nonfrivolous argument for extending, modifying, or
reversing existing jurisprudence;
c. factual contentions have evidentiary support or, if specifically, so identified, will
likely have evidentiary support after availment of the modes of discovery under
these rules; and
d. denials of factual contentions are warranted on the evidence or, if specifically, so
identified, are reasonably based on belief or a lack of information
 Effect of Violation of the Rule on Signature and Address - impose an appropriate sanction or refer
such violation to the proper office for disciplinary action
 Absent exceptional circumstances, a law firm shall be held jointly and severally liable
 Lawyer or law firm cannot pass on the monetary penalty to the client.
 Verification. - Except when otherwise specifically required by law or rule, pleadings need not be
under oath or verified
 A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s
certificate or a special power of attorney, should be attached to the pleading, and shall allege the
following attestations:
a. allegations in the pleading are true and correct based on his or her personal knowledge, or
based on authentic documents;
b. pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of
litigation; and
c. factual allegations therein have evidentiary support or, if specifically, so identified, will
likewise have evidentiary support after a reasonable opportunity for discovery.

The signature of the affiant shall further serve as a certification of the truthfulness of the
allegations in the pleading.
 Significance of Verification - to secure an assurance that the allegations in a pleading are true and
correct and not the product of the imagination or a matter of speculation, and that the pleading is
filed in good faith
 Effect of an improper or non-existent verification –
1. treated as an unsigned pleading.
2. does not necessarily render the pleading defective (formal requirement only)
3. absence of verification may be corrected by requiring an oath
 Non-compliance with the verification requirement or a defect therein does not necessarily render
the pleading fatally defective. Court may order its submission or correction or act on the pleading
if the attending circumstances are such that strict compliance with the Rule may be dispensed with
in order that the ends of justice may be served thereby.
 Certification against forum shopping - plaintiff or principal party shall certify under oath in the
complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification
annexed thereto and simultaneously filed therewith: (a) that he [or she] has not theretofore
commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of his [or her] knowledge, no such other action or claim is pending
therein; (b) if there is such other pending action or claim, a complete statement of the present
status thereof; and (c) if he [or she] should thereafter learn that the same or similar action or claim
has been filed or is pending, he [or she] shall report that fact within five (5) calendar days
therefrom to the court wherein his [or her] aforesaid complaint or initiatory pleading has been
filed
 The authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s
certificate or a special power of attorney, should be attached to the pleading.
 Failure to comply with the foregoing requirements shall not be curable by mere amendment of the
complaint or other initiatory pleading but shall be cause for the dismissal of the case without
prejudice
 Submission of a false certification or non-compliance with any of the undertakings therein shall
constitute indirect contempt of court, without prejudice to the corresponding administrative and
criminal actions
 If the acts of the party or his [or her] counsel clearly constitute willful and deliberate forum
shopping, the same shall be ground for summary dismissal with prejudice and shall constitute
direct contempt, as well as a cause for administrative sanctions.
 Forum shopping – is the practice of resorting to multiple suits for the same relief for the purpose
of increasing a party’s chances of obtaining a favorable judgement.
 Elements: (1) Identity of parties; (b) Identity of rights asserted and reliefs prayed for; and (3) any
judgment rendered in the other action will amount to res judicata in the action under
consideration.
 The determinative factor in violations of the rule against forum shopping is whether the elements
of litis pendetia are present, or whether a final judgement in one case will amount to res judicata
in another.
 The ejectment case involves the issue of physical possession, while the collection case involves the
issue of payment. Thus, there is no identity of rights asserted and reliefs prayed for.
 Nature of the Certification against Forum Shopping - a mandatory requirement in filing a
complaint and other initiatory pleadings asserting a claim or relief
 Only required in a complaint or other initiatory pleading
 Applies to special civil actions since a special civil action is governed by the rules for ordinary civil
actions
 Who executes the Certification against Forum Shopping
 GR: It is the plaintiff or principal party who executes the certification under oath. The certification
must be executed by the party, not the attorney.
 Reason: It is the petitioner and not the counsel who is in the best position to know whether he or
she or it actually filed or caused the filing of a petition.
 Corporation - may be signed for and, on its behalf, by a specifically authorized lawyer who has
personal knowledge of the facts required to be disclosed in such document. (Board resolution)
 XPN: For reasonable or justifiable reasons, the party-pleader is unable to sign, he or she must
execute a Special Power of Attorney designating his counsel of record to sign on his behalf.
  Execution of Certificate against Forum Shopping when there are Two or More Plaintiffs
 GR: All of them must execute (Those who did not sign will be dropped as parties to the case.)
 XPN: Substantial compliance - Reasonable or justifiable circumstances, all the plaintiffs or
petitioners share a common interest and invoke a common cause of action or defense, the
signature of only one of them in the certification against forum shopping substantially complies
with the Rule.
 The rule of substantial compliance may be availed of with respect to the contents of the
certification. This is because the requirement of strict compliance with the provisions regarding
the certification of non-forum shopping merely underscores its mandatory nature in that the
certification cannot be altogether dispensed with or its requirements completely disregarded. It
does not thereby interdict substantial compliance with its provisions under justifiable
circumstances.
 Court may, in its discretion, allow such deficiency to be remedied if it shall appear that the same
was due to mere inadvertence and not intended for delay. In the instant case, the Court accepts
petitioner Riel's explanation that the failure of her counsel to affix his signature in the Motion for
Reconsideration was due to an honest inadvertence without any intention to delay the
proceedings.
 Notarization per se is not a guarantee of the validity of the contents of a document. The
presumption of regularity of notarized documents cannot be made to apply and may be
overthrown by highly questionable circumstances, as may be pointed out by the trial court
 Any liberal application of the rule on attachment of certification against forum shopping has to be
justified by ample and sufficient reasons that maintain the integrity of, and do not detract from,
the mandatory character of the rule.
 Period to invoke Rule on Forum Shopping
 GR: It should be raised at the earliest opportunity.
 XPNs: It may be invoked in later stages only if the violation arises from or will result in:
1. Loss of jurisdiction over the subject matter
2. Pendency of another action between the same parties for the same cause;
3. Barring of the action by a prior judgment;
4. Statute of Limitations
 Miguel must necessarily be the one to sign the certification against forum-shopping, and not the
City Legal Officer, who, despite being an official of the City, was merely its counsel and not a party
to the case

3. Manner of Making Allegations (Rule 8)

a) In General - contain in a methodical and logical form, a plain, concise and direct statement of
the ultimate facts, including the evidence on which the party pleading relies for his [or her] claim
or defense. If a cause of action [or] defense relied on is based on law, the pertinent provisions
thereof and their applicability to him or her shall be clearly and concisely stated.
 Ultimate Facts - essential facts of the claim
 Essential if it cannot be stricken out without leaving the statement of the cause of action
inadequate.
 principal, determinate, constitutive facts, upon the existence of which, the entire cause of
action rests
 Evidentiary Facts - necessary for determination of the ultimate facts; they are the premises
upon which conclusions of ultimate facts are based.
 details of probative matter or to the particulars of evidence by which the material elements
are to be established.
 Facts that may be averred generally
a. Performance or occurrence of all conditions precedent;
b. Capacity to sue or be sued
c. Capacity to sue or be sued in a representative capacity
d. Legal existence of an organized association of persons that is made a party
e. Malice, intent, knowledge or other condition of the mind of a person
f. Judgment or decision of a domestic and foreign court, judicial or quasi-judicial
tribunal, or of a board or officer without setting forth matter showing jurisdiction to
render it. An authenticated copy of the judgment or decision shall be attached to
the pleading.
g. Official documents or acts
 Conditions Precedent/Condition Sine Qua Non - refers to matters which must be complied
with before a cause of action arises
 A general averment of the performance or occurrence of all conditions precedent shall be
sufficient. May be raised by the opposing party as an affirmative defense.
 Examples of Conditions Precedent
 A tender of payment is required before making a consignation
 Exhaustion of administrative remedies
 Prior resort to barangay conciliation
 Earnest efforts toward a compromise between family members
 Arbitration when contract provides
 Averments of Fraud, Mistake - circumstances constituting such fraud or mistake must be
stated with particularity to help apprise the judge of the kind of fraud involved in the
complaint.
 In case of ambiguity, or failure to allege the circumstances constituting the fraud or mistake,
the remedy is to file a Motion of Bill of Particulars.
 Averments of Malice, Intent, Knowledge or other conditions of the Mind of a Person - may
be averred generally. They need not be stated with particularity. The rule is borne out of
human experience. It is difficult to state the particulars constituting these matters.
 Allegations that the defendant acted in bad faith, arbitrarily, illegally, wrongfully and in
violation of law are mere conclusions of fact or conclusions of law.
 Averment of an Official Document or Act - sufficient to aver that the document or act was
issued or done in compliance with law
 Averments of Judgement - sufficient to aver the judgment or decision without setting forth
matter showing jurisdiction to render it. Authenticated copy of the judgment or decision
shall be attached to the pleading.

b) Action or Defense Based on Document – Pleading - (a) substance of such instrument or

document shall be set forth in the pleading, and the (b) original or a copy thereof shall be
attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading
 Actionable document - written instrument or document which is the basis of an action or a
defense
 A variance in the substance of the document set forth in the pleading and the document
annexed thereto does not warrant the dismissal of the action. However, the contents of the
document annexed are controlling.
 A document is actionable when an action or defense is grounded upon such written
instrument or document. A copy of a page of a ledger is not an actionable document. The
ledger merely indicates that money was received as payment, but it is not evidence of the
 transaction between the parties. The ledger does not provide for the terms and conditions
of the loan transaction from which a right or obligation may be established.
 How to contest such documents - specifically deny under oath the genuineness and due
execution of the instrument. Deemed admitted if not.
 Requirement of an oath is not required when the (1) adverse party does not appear to be a
party to the instrument or (2) when compliance with an order for an inspection of the
original instrument is refused
 Where a defendant is without knowledge or information sufficient to form a belief as to the
truth of a material averment made [to] the complaint, he or she shall so state, and this shall
have the effect of a denial.

c) Specific Denial
 Forms of Denials amounting to Negative Defenses
1. Absolute denial - specify each material allegation of fact the truth of which he or she
does not admit setting forth the substance of the matters which he relies to support
his denial;
2. Partial denial – denies only a part of an averment;
3. Denial by disavowal of knowledge - alleges that he or she is without knowledge or
information sufficient to form a belief as to the truth of a material averment made in
the complaint

If such matters are plainly and necessarily within the defendant’s knowledge, a claim
of “ignorance of information will not be considered a specific denial.”
 Effect of Failure to make Specific Denials - deemed admitted.
 Material averments in a pleading asserting a claim or claims shall be deemed admitted when
not specifically denied. (XPN: amount of unliquidated damages)
 If the allegations are deemed admitted, there is no more triable issue between the parties
and if the admissions appear in the answer of the defendant, the plaintiff may file a motion
for judgment on the pleadings
 Mere statement in the Answer, i.e., that they "specifically deny" the pertinent allegations of
the Complaint "for being self-serving and pure conclusions intended to suit plaintiff’s
purposes," does not constitute an effective specific denial as contemplated by law
 Verily, a denial is not specific simply because it is so qualified by the defendant.

d) Affirmative Defenses - A defendant shall raise his or her affirmative defenses in his or her
answer.
 Under Sec. 5 (b), Rule 6, 2019 Revised Rules on Civil Procedure – (a) Fraud; (b) Statute of
Limitations; (c) Release; (d) Payment; (e) Illegality; (f) Statute of Frauds; (g) Estoppel; (h)
Former Recovery; (i) Discharge of Bankruptcy; (j) Any other matter by way of confession or
avoidance; and (k) Grounds for the dismissal of the complaint: (i) The court has no
jurisdiction over the subject matter; (ii) There is another action pending between the same
parties for the same cause; or (iii) The action is barred by a prior judgment.
 Summary Hearing for the Resolution of the Affirmative Defense (a to j) - court may
conduct a summary hearing within fifteen (15) calendar days from the filing of the answer
and shall be resolved by the court within thirty (30) calendar days from the termination of
the summary hearing.
 Under Sec. 12, Rule 8 of the 2019 Revised Rules on Civil Procedure
a. court has no jurisdiction over the person of the defending party;
b. venue is improperly laid;
 c. plaintiff has no legal capacity to sue;
d. the pleading asserting the claim states no cause of action; and
e. a condition precedent for filing the claim has not been complied with.
 Action of the Court on the Affirmative Defenses - motu proprio resolve the above
affirmative defenses within thirty (30) calendar days
 Not necessary for the Court to conduct a hearing before it can resolve these grounds.
 Waiver of Affirmative Defense - Failure to raise the affirmative defenses at the earliest
opportunity shall constitute a waiver thereof.
 Remedy on Denial of Affirmative Defenses - Assign the order of denial as among the
matters to be raised on appeal after a judgment on the merits.
 Striking out of pleading or matter contained therein - court may order any pleading or any
(1) false, redundant, immaterial, impertinent, or scandalous matter be stricken out upon
motion made by a party (2) before responding to a pleading, or if no responsive pleading is
permitted, upon motion (3) within 20 calendar days after service of the pleading on him, or
upon the court’s initiative at any time.

4. Effect of Failure to Plead (Rule 9) –

 GR: Defenses not pleaded in a motion to dismiss or in the answer are deemed waived.
 XPNs: Defenses may be raised at any stage of the proceedings even for the first time on appeal:
1. Lack of jurisdiction over the subject matter; (may, however, be barred by laches)
2. Litis pendentia;
3. Res judicata; and
4. Statute of limitations.
 Failure to Plead a Compulsory Counterclaim and Crossclaim –
 GR: barred
 XPNs: (1) omitted counterclaim and (2) counterclaim after an answer was filed
 Default – failure of defending party to file an answer within the time allowed.
 Effect of order of default – party in default entitled to notice[s] of subsequent proceedings but shall
not to take part in the trial.
 Effect of partial default (Claim against several parties) - court shall try the case against all upon the
answers thus filed and render judgment upon the evidence presented. (Applies only if there is a
common cause of action)
 Extent of relief to be awarded - shall [neither] exceed the amount or be different in kind from that
prayed for nor award unliquidated damages.
 Where no defaults allowed - annulment or declaration of nullity of marriage or for legal separation
 Remedies available to a defendant declared in default
a. Motion to Set Aside Order of Default – file a motion under oath, showing failure was due to
FAME and has meritorious defense, at any time after notice and before judgment. (In the
interest of justice)
b. Motion for New Trial - defendant discovers his or her default after judgement but prior to
the judgement becoming final and executory
c. Petition for Relief from Judgement - defendant discovers his or her default after the
judgement has become final and executory
d. Appeal - appeal the judgement for being contrary to the evidence or to the law, even if he or
she did not file a petition to set aside order of default;
e. Petition for Certiorari (Rule 65) - if the trial court declared the defendant in default with
grave abuse of discretion.
 The court should not declare Charybdis in default because there was no proper service of summons.
The ROC only allow service of summons by facsimile transmission for foreign private juridical
 entities that are not registered in the Philippines and have no resident agent, which does not apply
to individuals.
 Failure to file an answer a permissive counterclaim – plaintiff may be declared in default.
 The court’s decision is limited to the prayer
 In default cases, the court cannot award unliquidated damages

5. Amended and Supplemental Pleadings (Rule 10)

 Amendments in general, How - Pleadings may be amended (1) by adding or striking out an
allegation or the name of any party, or (2) by correcting a mistake in the name of a party or a
mistaken or inadequate allegation or description in any other respect, so that the actual merits of
the controversy may speedily be determined, without regard to technicalities, in the most
expeditious and inexpensive manner.
 Amendments as a matter of right – (1) Once, at any time before a responsive pleading is served or
(2) In the case of a reply, at any time within ten (10) calendar days after it is served.
 A motion to dismiss is not the responsive pleading. A plaintiff may file an amended complaint even
after the original complaint was ordered dismissed, provided that the order of dismissal is not yet
final. If the, court refuses to admit an amended pleading when its exercise is a matter of right, such
error is correctible by mandamus
 Amendments by leave of court - (1) Substantial amendments, after notice to the adverse party
after notice to the adverse party; and (2) Leave of court for substantial amendment is NOT required
when it is made as a matter of right
 Leave of court for substantial amendment is NOT required when it is made as a matter of right
 When refusal of Leave of Court to amend is allowed: (1) to delay the action; (2) to confer
jurisdiction on the court; (3) apparent no cause of action; and (4) cause of action or defense is
substantially altered.
 Formal amendments - defect in the designation of the parties and other clearly clerical or
typographical errors, may be summarily corrected by the court motu proprio or on motion at any
stage, provided no prejudice is caused thereby to adverse party.
 No amendment [necessary] to conform to or authorize presentation of evidence - issues not raised
by the pleadings are tried with the express or implied consent of the parties, shall be treated in all
respects as if they had been raised in the pleadings.
 It does not apply when the case was decided on a stipulation of facts in which case the pleadings are
not deemed amended to conform to the evidence.
 Court should not be precluded from awarding an amount higher than that claimed in the pleadings
provided that the evidence of such higher amount has been presented properly, with full
opportunity on the part of the opposing parties to support their respective contentions and to
refute each other’s evidence
 Effect of amended pleadings - supersedes the pleading that it amends
 Admissions in superseded pleadings may be offered in evidence against the pleader, and claims or
defenses alleged therein not incorporated in the amended pleading shall be deemed waived.
 Effect of Amended Pleading on the Admissions in the Original Pleading - They cease to be judicial
admissions. They are to be considered as extrajudicial admissions and may be proved by the party
relying thereon by formal offer in evidence of such original pleading.
 The settled rule is that the filing of an amended pleading does not retroact to the date of the filing
of the original pleading; hence, the statute of limitation runs until the submission of the amendment
 As an exception, this Court has held that an amendment which merely supplements and amplifies
facts originally alleged in the complaint relates back to the date of the commencement of the action
and is not barred by the statute of limitations which expired after the service of the original
 complaint. Thus, when the amended complaint does not introduce new issues, cause of action, or
demands, the suit is deemed to have commenced on the date the original complaint was filed
 Supplemental pleadings - refer to transactions, occurrences, or events which have happened since
the date of the pleading sought to be supplemented.
 Upon reasonable notice and upon such terms are just, adverse party may plead thereto within ten
(10) calendar days from notice of the order admitting the supplemental pleading.
 Cause of action stated in the supplemental complaint must be the same as that stated in the original
complaint. Otherwise, the court should not admit the supplemental complaint.
 It cannot be used to try a new matter or a new cause of action since it must be based on matters
arising subsequent to the original complaint.
 Difference between amended pleadings and supplemental pleadings - Amended pleadings refer to
facts already existing at the time of the filing of the original action. Supplemental pleadings refer to
facts which have happened since the date of the pleading sought to be supplemented.
 AP: Supersedes the original.
amended without leave of court before a responsive pleading is filed.
has retroactive application.
Amendment must be appropriately marked
 SP: Merely supplements the original pleading
Always with leave of court.
Sets forth facts which have happened since the date of the pleading sought to be
supplemented.
Need not be appropriately marked
 Purposes of Supplemental Pleading: (1) bring into the records new facts, which will enlarge or
change the kind of relief to which the plaintiff is entitled; and (2) meant to supply deficiencies in aid
of the original pleading, not to entirely substitute the latter.
 Filing an answer to a supplemental complaint is not mandatory because of the use of the word
“may”. Filing an answer to a supplemental complaint is not mandatory because of the use of the
word “may”

6. When to File Responsive Pleadings (Rule 11)

 Answer to the Complaint - 30 calendar days after service of summons
 Answer of a defendant foreign private juridical entity -
 service of summons is made on the government Page 127 of 1093 official designated by law to
receive the same, the answer shall be filed within sixty (60) calendar days after receipt of
summons by such entity.
 filing is not a matter of right; the defendant shall answer the amended complaint within fifteen
(15) calendar days from notice of the order admitting the same. An answer earlier filed may
serve as the answer to the amended complaint if no new answer is filed. (Applies to answer to
amended counterclaim, amended third-party complaint, and amendment complaint-in-
intervention)
 Answer to Amended Complaint
 matter of right, 30 days
 not a matter of right; 15 days. An answer earlier filed may serve as the answer to the amended
complaint if no new answer is filed
 Answer to Third (Fourth, etc.)- Party Complaint - 30 days
 Reply – 15 days
 Answer to Counterclaim or Crossclaim – 20 days
 Answer to Supplemental Complaint – 20 days
 Existing Counterclaim or Crossclaim - 20 days
  Counterclaim or Crossclaim arising after Answer - 20 day)
 Omitted Counterclaim or Crossclaim - 20 days
 A defendant is allowed to file only (1) motion for extension of time to file an answer.
 A motion for extension to file any pleading, other than an answer, is prohibited and considered a
mere scrap of paper or pro forma. The court, however, may allow any other pleading to be filed
after the time fixed by the Rules.

G. Filing and Service (Rule 13)

 Filing is the act of submitting the pleading or other paper to the court.
 Service is the act of providing a party with a copy of the pleading or any other court submission.
 If a party has appeared by counsel, service upon such party shall be made upon his or her counsel, unless
service upon the party and the partys counsel is ordered by the court.
 Where one counsel appears for several parties, such counsel shall only be entitled to one copy of any
paper served by the opposite side
 Filing of pleadings and other court submission shall be made as follows:
a. personally, the original thereof
Proof (Filing): (1) existence in the record of the case, (2) written or stamped acknowledgement of its
filing by the clerk of court on a copy of the pleading or court submission
Complete: upon actual delivery
Proof (Service):

b. registered mail;
Proof (Filing): (1) registry receipt and by the (2) affidavit of the person who mailed it, containing a
full statement of the date place of deposit of the mail in the post office in a sealed envelope
addressed to the court, (3) with postage fully prepaid, and (3) with instructions to the postmaster to
return the mail to the sender after 10 days;
Complete: actual receipt by the addressee, or after 5 calendar days from the date he or she received
the first notice of the postmaster, whichever date is earlier
Proof (Service: affidavit of the person mailing;

Ordinary mail
Complete: expiration of 10 calendar days after mailing;
Proof (Service): affidavit of the person mailing;

c. accredited courier; or
Proof: (1) affidavit of service of the person who brought the pleading or other document to the
service provider, (2) together with the courier’s official receipt and document tracking number;
Complete: upon actual receipt by the addressee, or after at least 2 attempts to deliver by the
courier service, or upon the expiration of 5 calendar days after the first attempt to deliver,
whichever is earlier;
Proof (Service): upon actual receipt by the addressee, or after at least 2 attempts to deliver by the
courier service, or upon the expiration of 5 calendar days after the first attempt to deliver,
whichever is earlier;

d. electronic mail or other electronic means as may be authorized by the court

Proof: (1) affidavit of electronic filing of the filing party accompanied by a paper copy of the
pleading or other document transmitted or (2) a written or stamped acknowledgement of its filing
by the clerk of court.
 Complete: time of the electronic transmission of the document, or when available, at the time that
the electronic notification of service of the document is sent
Facsimile transmission – complete upon receipt by the other party, as indicated in the facsimile
transmission printout.
Proof (Service): affidavit of service executed by the person who sent the e-mail, facsimile, or other
electronic transmission, together with a printed proof of transmittal
 Personal service done for court submissions –
(1) by personal delivery of a copy to the party or
(2) to the party’s counsel, or to their authorized representative named in the appropriate pleading or
motion, or
(3) by leaving it in his or her office with his or her clerk, or with a person having charge thereof
 Service by registered mail done for court submission –
(1) by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or to the
party’s counsel at his or her office, if known, otherwise at his or her residence, if known,
(2) with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender
after 10 calendar days if undelivered.
(3) If no registry service is available in the locality of either the sender or the addressee, service may be
done by ordinary mail.
 Substituted service be done for court submission - the office and place of residence of the party or his
counsel being unknown: by delivering the copy to the clerk of court, with proof of failure of both personal
service and service by mail (complete at the time of such delivery)
 Electronic service and how when may it be done for court submissions -
(1) Service by electronic means - by sending an e-mail to the partys’ or counsels electronic mail address,
or through other electronic means of transmission as the parties may agree on, or upon direction of the
court.
(2) Service by facsimile - by sending a facsimile copy to the partys’ or counsels given facsimile number.
 Documents must not be served or filed electronically unless granted by court -
a. Initiatory pleadings and initial responsive pleadings, such as an answer;
b. Subpoena, protection orders, and writs;
c. Appendices and exhibits to motions, or other documents that are not readily amenable to electronic
scanning may, at the option of the party filing such, be filed and served conventionally: and
d. Sealed and confidential documents or records.
 Presumptive service – (1) notice appears on the records to have been mailed at least twenty (20) calendar
days prior to the scheduled date of hearing and if the addressee is from within the same judicial region of
the court where the case is pending or (2) at least thirty (30) calendar days if the addressee is from outside
the judicial region.
 Judgements, final orders, or resolutions be served – (1) Personally or (2) Registered mail
 Upon ex parte motion of any party in the case, a copy of the judgment. final order, or resolution may be
delivered by accredited courier at the expense of such party.
 When a party summoned by publication has failed to appear in the action, judgments, final orders or
resolutions against him or her shall be served upon him or her also by [means of] publication at the
expense of the prevailing party.
 The burden of proving the affirmative allegation of when service was made is distinct from the burden of
proving the allegation of where service was or was not made. A party who fails to discharge his or her
burden of proof is not entitled to the relief prayed for
 Notice of lis pendens - In an action affecting the title or the right of possession of real property, the
plaintiff and the defendant, when affirmative relief is claimed in his or her answer, may record in the office
of the registry of deeds of the province in which the property is situated a notice of the pendency of the
action.
 Notice shall contain the names of the parties and the object of the action or defense, and a description of
the property in that province affected thereby
 Effect: Only from the time of filing such notice for record shall a purchaser, or encumbrancer of the
property affected thereby, be deemed to have constructive notice of the pendency of the action, and only
of its pendency against the parties designated by their real names.
 How cancelled: Only upon order of the court, after proper showing that the notice is for the purpose of
molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to
be recorded

1. Rules on Payment of Docket Fees; Effect of Non-Payment

 It is not simply the filing of the complaint or appropriate initiatory pleading but the payment of the
prescribed docket fee that vests a trial court with jurisdiction over the subject matter or nature of
the action.
 Payment of the docket and other legal fees within the prescribed period is both mandatory and
jurisdictional.
 Rules regarding Payment of Docket Fees
 A defect in the original pleading resulting in the underpayment of the docket fee cannot be cured by
amendment, such as the reduction of the claim. For all legal purposes, since there is no original
complaint over which the court has acquired jurisdiction.
 While the payment of prescribed docket fee is a jurisdictional requirement, even its non-payment at
the time of filing does not automatically cause the dismissal of the case, as long as the fee is paid
within the applicable prescriptive or reglementary period, more so when the party involved
demonstrates a willingness when insufficient filing fees were initially paid by the plaintiffs and there
was no intention to defraud the government, the Manchester rule does not apply.
NOTE: The Manchester Doctrine, on one hand, applies when there is a deliberate, willful, and
intentional refusal, avoidance, or evasion to pay the filing fee. The Sun Insurance, on the other hand,
applies if there is otherwise and that the insufficiency of payment was brought about without bad
faith.
 The same rule applies to permissive counterclaims, third party claims and similar pleadings, which
shall not be considered filed until and unless the filing fee prescribed therefor is paid. The court may
also allow payment of said fee within a reasonable time but also in no case beyond its applicable
prescriptive or reglementary period.
 Where the trial court acquires jurisdiction over a claim by the filing of the appropriate pleading and
payment of the prescribed filing fee but, subsequently, the judgment awards a claim not specified in
the pleading, or if specified the same has been left for determination by the court, the additional
filing fee therefor shall constitute a lien on the judgment. It shall be the responsibility of the Clerk of
Court or his duly authorized deputy to enforce said lien and assess and collect the additional fee.
 Cooperatives can no longer invoke Republic Act No. 6938 as basis for exemption from the payment
of legal fees by virtue of the court’s fiscal independence
 If the plaintiff fails to comply with the jurisdictional requirement of payment of the docket fees, the
defendant should timely raise the issue of jurisdiction otherwise the latter may be estopped.
 Exempted from paying docket fees –
 Indigent litigant. Amount of the docket and other lawful fees shall be a lien on any judgement
rendered in the case favorable to the indigent, unless the court otherwise provides
 The government and its instrumentalities are exempt from paying docket fees
 2. Efficient Use of Paper Rule; E-filing (A.M. No. 10-3-7-SC and A.M. No. 11-9-4-SC, as revised, approved
on February 22, 2022)
 Scope: Apply to all courts and quasi-judicial bodies under the administrative supervision of the
Supreme Court.
 Format and Style: single space with one-and-a –half space between paragraphs, using an easily
readable font style of the party’s choice, of 14-size font, and on a 13 –inch by 8.5- inch white bond
paper.
 Margins and Prints: a left-hand margin of 1.5 inches from the edge; an upper margin of 1.2 inches
from the edge; a right-hand margin of 1.0 inch from the edge; and a lower margin of 1.0 inch from
the edge. Every page must be consecutively numbered.
 Copies to be Filed
a. Supreme Court; one original (properly marked) and four copies, unless referred to En Banc;
ten additional copies.
En banc; only two sets of annexes, one attached to the original and an extra copy
Division; two sets of annexes, one attached to the original and an extra copy

Parties: to submit, simultaneously with their court-bound papers, soft copies of the same and
their annexes (the latter in PDF format) either by email to the Court’s e-mail address or by
compact disc (CD)
b. Court of Appeals and the Sandiganbayan; one original (properly marked) and two copies with
their annexes;
c. Court of Tax Appeals; one original (properly marked) and two copies with annexes
Appeal to En Banc; one Original (properly marked) and eight copies with annexes
d. Other courts; one original (properly marked) with the stated annexes attached to it.
 Annexes Served on Adverse Party – A party required to serve a copy need not enclose copies of
those annexes that based on the record of the court such party already has in his possession. In the
event a party requests a set of the annexes actually filed with the court, the part who filed the paper
shall comply with the request within five days from receipt
 Electronic copies of all SC-bound papers and their annexes must be submitted thru electronic mail
within 24 hours from the filing of the hard copies (personally or by registered mail).
 The date of the electronic transmission shall be considered as the date of filing, provided that an
express permission is granted by the court for the online filing of initiatory pleadings, initial
responsive pleadings, appendices and exhibits to motions, and sealed and confidential documents.
In the absence of express permission from the Court, the date of filing shall be the date when the
hard copy is filed.

H. Summons (Rule 14)

 Summons is a writ by which the defendant is notified of the action brought against him or her.
 Purpose is two-fold: (1) to acquire jurisdiction over the person of the defendant and (2) to notify the
defendant that an action has been commenced so that he may be given an opportunity to be heard on the
claim against him.

1. Nature and Purpose of Summons in Relation to Actions In Personam, In Rem, and Quasi In Rem
 Nature of Summons - It is the writ by which the defendant is notified of the action brought against
him or her. An important part of that notice is a direction to the defendant that he or she must
answer the complaint within the period fixed by the Rules, and that unless he or she so answers,
plaintiff will take judgment by default and may be granted the relief applied for
 Summons in relation to Actions In Personam, In Rem and Quasi In Rem
1. Actions in personam – (a) acquire jurisdiction over the person of the defendant; and (b) to give
notice that an action has been commenced against him.
2. Actions in rem and quasi in rem - not to acquire jurisdiction over the defendant but mainly to
satisfy the constitutional requirement of due process.
 When Summons is issued (Mandatory)
GR: Within five (5) calendar days from receipt of the initiatory pleading and proof of payment of the
requisite legal fees
XPN: Complaint is on its face dismissible
 Contents
1. Summons shall be: (a) Directed to the defendant; and (b) Signed by the clerk of court under
seal.
2. Summons shall contain: (a) name of court/parties; (b) authorization for the plaintiff to serve
summons to the defendant (ex parte); (c) direction that the defendant answer within period
fixed by the Rules; and (d) notice that unless the defendant so answers, plaintiff will take
judgment by default and may be granted the relief applied for
3. Following shall be attached to the original and each copy of the summons: (a) A copy of the
complaint, and (b) An order for appointment of guardian ad litem, if any

2. Who May Serve Summons

 Served by the sheriff, his or her deputy, or other proper court officer.
 In case of failure of service of summons by them, the court may authorize the plaintiff - to serve the
summons - together with the sheriff.
 Outside the judicial region of the court where the case is pending – plaintiff
 Plaintiff is a juridical entity – it shall notify the court, in writing, and name is authorized
representative therein, attaching a board resolution or secretary’s certificate thereto, as the case
may be, stating that such representative is duly authorized to serve the summons on behalf of the
plaintiff.
 Plaintiff misrepresents that the defendant was served summons - case shall be dismissed with
prejudice, the proceedings shall be nullified, and the plaintiff shall be meted appropriate sanctions.
 Summons is returned without being served on any or all the defendants - order the plaintiff to
cause the service of summons by other means available. Failure to comply with the order shall
cause the dismissal of the initiatory pleading without prejudice.
 A public official enjoys the presumption of regularity in the discharge of one's official duties and
functions. In the absence of clear indicia of partiality or malice, the service of Summons on
petitioner is perforce deemed regular and valid. Correspondingly, the Return of Service of process
server of the RTC constitutes prima facie evidence of the facts set out therein.

3. Validity of Summons and Issuance of Alias Summons

 Validity – valid until duly served, or recalled by the court
 Alias summon - in case of loss or destruction of summons (Upon Motion)
 Substituted service – failure of service after unsuccessful attempt to personally serve defendant in
his address indicated in the complaint

4. Personal Service
 Personal service of summons is the preferred mode of service of summons. Thus, as a rule,
summons must be served personally upon the defendant or respondent wherever he or she may be
found. Rules, however, allow service of summons through other modes, such as by substituted
service, and by publication
 Summons by publication may be effected, by leave of court, when the whereabouts of the
defendant is unknown and cannot be ascertained with diligent inquiry
 Summon by publication requirement:
1. Written motion for leave of court, supported by affidavit by the plaintiff or some person on
his behalf, setting forth the grounds for the application; and
2. Diligent efforts exerted by the sheriff in ascertaining the whereabouts of the defendant.
 How effected: (1) handing copy to the defendant in person and informing that he is being served;
and (2) leaving summons within the view and in the presence of defendant, if refuses to receive or
sign
 Locus of the Service is not controlling - What is determinative of the validity of personal service is,
therefore, the person of the defendant, not the locus of the service.
 Service of summons made on a domestic private juridical entity:
1. president, managing partner, general manager, corporate secretary, treasurer, or in-house
counsel of the corporation wherever they may be found;
2. absence or unavailability of those enumerated in (1), on their secretaries;
3. Absence of (1) or (2); made upon the person who customarily receives the correspondence
for the defendant at its principal officer;
4. Under receivership or liquidation, service of summons shall be made on the receiver or
liquidator, as the case may be.
 Service of summons made on a foreign private juridical entity
1. Doing business in the Philippines – (1) resident agent designated; (2) absence of agent,
government official designated by law to that effect; or (3) any of its officers, agents, directors
or trustees within the Philippines.
2. Not registered/No resident agent (Transacted or is doing business) – with leave of court be
effected outside the PH through:
a. personal service coursed through the appropriate court in the foreign country with
the assistance of the DFA;
b. publication once in a newspaper of general circulation in the country where the
defendant may be found and by serving a copy of the summons and the court order
by registered mail at the last known address of the defendant;
c. facsimile;
d. electronic means with the prescribed proof of service: or
e. other means as the court. in its discretion, may direct.
 Service of summons made on an entity without juridical personality - effected upon all the
defendants by serving upon anyone of them, or upon the person in charge of the office or place of
business maintained in such name.

5. Substituted Service
 For justifiable causes, the defendant cannot be served personally after at least three (3) attempts on
two (2) different dates, service may be effected:
a. leaving copies of the summons at the defendants residence to a person at least eighteen
(18) years of age and of sufficient discretion residing therein;
b. leaving copies of the summons at [the] defendants office or regular place of business with
some competent person in charge thereof (one who customarily receives correspondences
for the defendant)
c. if refused entry upon making his or her authority and purpose known, by leaving copies of
the summons, with any of the officers of the home owners association or condominium
corporation or its chief security officer in charge of the community or the building where
the defendant may be found
 d. sending an electronic mail to the defendant’s electronic mail address. if allowed by the
court
 Requisites - statutory requirements must be strictly, faithfully, and fully observed:
1. Indicate the impossibility of service of summons within a reasonable time;
2. Specify the efforts exerted to locate the defendant; and
3. State that the summons was served upon:
a. person of sufficient age and discretion who is residing in the address, or
b. person in charge of the office or regular place of business, of the defendant.
4. the pertinent facts proving these circumstances be stated in the proof of service or in the
officer’s return.
 Sheriff’s return must show the details of the efforts exerted to personally serve summons upon
defendants or respondents, before substituted service or service by publication is availed
 Failure to comply with this rule renders absolutely void the substituted service along with the
proceedings taken thereafter for lack of jurisdiction over the person of the defendant.
 Impossibility of Prompt Service - Only when the defendant cannot be served personally within a
reasonable time that a substituted service may be made. Shown by stating the efforts made to find
the defendant personally and the fact that such efforts failed. This statement should be made in the
proof of service
 Substituted Service of Pleadings and other Papers vs. Substitute Service of Summons
 SUBSTITUTED SERVICE OF PLEADINGS AND OTHER PAPERS
 Purpose is to provide a copy of the pleading or other papers to the defendant in order for him
to be informed.
 Availed of only when there is failure to effect service personally or by mail. This failure occurs
when the office and residence of the party or counsel are unknown.
 Effected by delivering the copy to the clerk of court, with proof of failure of both personal
service and service by mail
 SUBSTITUTED SERVICE OF SUMMONS
 Purpose is to acquire jurisdiction over the person of the defendant in actions in personam.
 Only if service in person cannot be made after at least three (3) attempts on two (2) different
dates can the process server resort to substituted service.
 Effected by leaving copies of the summons:
1. At the defendant’s residence to a person of suitable age and discretion residing therein; or
2. By leaving copies at the defendant’s office or regular place of business with some
competent person in charge thereof;
3. By leaving copies of the summons, if refused entry upon making his or her authority and
purpose known, with any of the officers of the homeowners’ association or condominium
corporation, or chief security officer in the building of the defendant; and
4. By sending an electronic mail to the defendant’s electronic mail address, if allowed by the
court

6. Constructive Service
 Summons by Publication - Rule authorizes summons by publication whatever the action may be as
long as the identity or whereabouts of the defendant is unknown.
 Within ninety (90) calendar days from the commencement of action, by leave of court:
1. identity of the defendant is unknown;
2. whereabouts of the defendants are unknown and cannot be ascertained by diligent inquiry;
3. defendant is a resident of the Philippines but is temporarily out of the country; or
 4. defendant does not reside and cannot be found in the Philippines, the remedy of the plaintiff
in order to acquire jurisdiction to try the case is to convert the action into a proceeding in rem
or quasi in rem by attaching the property of the defendant.
 Effected through publication in a newspaper of general circulation together with a registered
mailing of a copy of the summons and the order of the court to the last known address of the
defendant
 It can be done as a complementary to service of summons by publication, but it does not mean that
service by registered mail alone would suffice.
 There is no service of summons solely by registered mail except as an additional requirement to
service by publication.

7. Extraterritorial Service -
 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,
 by leave of court, be effected out of the Philippines by personal service
 or as provided for in international conventions to which the Philippines is a party:
 by publication in a newspaper of general circulation in such places and for such time as the
court may order
 a copy of the summons and order of the court shall be sent by registered mail to the last
known address of the defendant
 or in any other manner the court may deem sufficient.
 Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60)
calendar days after notice, within which the defendant must answer.
 Requisites of Extra-Territorial Service of Summons (2009 BAR) – (a) defendant is non-resident; (b)
not found in the PH; (c) action is either in rem or quasi in rem.
 There is no extraterritorial service of summons in an action in personam. Hence, extraterritorial
service upon a nonresident in an action for injunction which is in personam is not proper
 Instances when Extra-Territorial Service of Summons is allowed:
1. action affects the personal status of the plaintiff;
2. relates to, or the subject is the property within the Philippines on which the defendant has or
claims a lien or interest, actual or contingent;
3. the relief demanded consists, wholly or in part, in excluding the defendant from any interest
therein
4. other manner the court may deem sufficient
 Hague Service Convention
1. Establishes a streamlined transmission of judicial and extrajudicial documents from one State
party to another;
2. Provides transnational litigants with methods for the service of documents abroad;
3. Simplifies and expedites the service of documents abroad; and
4. Guarantees that service will be brought to the notice of the recipient in sufficient time.
 Central Authority – refers to the receiving authority in charge of receiving requests for service from
Requesting States and executing them or causing them to be executed.
 May decline the request for service if it does not comply with the provisions of the Hague Service
Convention, or when compliance with the request would infringe upon its sovereignty or security
 (OCA) is designated as the Central Authority in the Philippines for judicial documents for purposes
 For extrajudicial documents, the Central Authority is the Integrated Bar of the Philippines
 The Guidelines shall govern the operation and implementation of the Hague Service Convention in
the Philippines, insofar as they concern judicial documents in civil or commercial matters.
 The Hague Service Convention shall apply in the Philippines, provided the following conditions
are present:
1. document is to be transmitted from one State Party for service to another State Party;
2. address of the intended recipient in the receiving State Party is known;
3. document to be served is a judicial document; and
4. relates to a civil or commercial matter
 Outbound Request for Service - Upon motion for leave of court of a party in a civil or commercial
proceeding, the court shall determine whether extraterritorial service through the Hague Service
Convention is necessary.
 If the court finds that extraterritorial service under the Hague Service Convention is warranted, it
shall issue an Order to that effect.
 Once all the requirements are submitted by the party requesting the extraterritorial service
through the Hague Service Convention, the court shall coordinate with the Central Authority of
the Requested State and transmit the following:
1. Order granting the extraterritorial service;
2. Filled-out Request and Summary of Document to be Served with Warning;
3. Blank Certificate (to be completed by the Central Authority of the Requested State);
4. Documents sought to be served; and
5. Certified translations of the Model Form and all accompanying documents, where necessary
 Inbound Request for Service - Forwarding Authority of the Requesting State from which the
documents originated shall transmit the request, together with all the documents, including proof
of payment, to the OCA.
 Should the request, upon evaluation of the OCA, fails to comply with any of the above-mentioned
requirements, or there are objections for the execution of the request, the OCA shall inform the
Forwarding Authority, specifying the objection/s thereto.
 If the objections are resolved, the processing of the request shall proceed. Otherwise, the request
shall be denied, and all documents relating thereto shall be returned to the Forwarding Authority,
along with a notice of objection or denial, stating the reasons therefor.
 When the request is sufficient in form, the OCA shall forward the request to the court having
jurisdiction over the area where the intended recipient resides.

8. Proof of Service
 Personal - Made in writing by the server and shall set forth the manner, place, and date of service;
shall specify any papers which have been served with the process and the name of the person who
received the same; and shall be sworn to when made by a person other than a sheriff or his or her
deputy
 Electronic mail, a printout said e-mail, with a copy of the summons as served, and the affidavit of
the person mailing, shall constitute as proof of service.
 Publication - proved by the affidavit of the publisher, editor, business, or advertising manager, to
which affidavit a copy of publication shall be attached and by an affidavit showing the deposit of a
copy of the summons and order for publication in the post office, postage prepaid, directed to the
defendant by registered mail to his or her last known address.
 Voluntary appearance. - The defendants voluntary appearance in the action shall be equivalent to
service of summons.
I. Motions (Rule 15)
1. In General - an application for relief other than by a pleading.
 Required form of motions - All motions shall be in writing except those made in open court or in the
course of a hearing or trial.
 Motion made in open court or in the course of a hearing or trial should immediately be resolved in
open court after the adverse party is given the opportunity to argue his or her opposition thereto.
 Motion based on facts not appearing on record, the court may hear the matter on affidavits or
depositions presented by the respective parties, but the court may direct that the matter be heard
wholly or partly on oral testimony or depositions
 Required contents of motions - State the relief sought to be obtained and the grounds upon which
it is based, and if required or necessary to prove facts alleged therein, shall be accompanied by
supporting affidavits and other papers.
 Omnibus Motion Rule - a motion attacking a pleading, order, judgement, or proceeding shall
include all objections then available, and all that objections not so included shall deemed waived

2. Non-litigious Motions - Court may act upon without prejudicing the rights of adverse parties are non-
litigious motions. These motions shall not be set for hearing and shall be resolved by the court within five
(5) calendar days from receipt thereof.
 Issuance of an alias summons;
 Extension to file answer;
 Postponement;
 Issuance of a writ of execution;
 Issuance of an alias writ of execution;
 Issuance of a writ of possession;
 Issuance of an order directing the sheriff to execute the final certificate of sale; and
 Other similar motions

3. Litigious Motions
 bill of particulars;
 Motion to dismiss;
 MNT;
 MR;
 execution pending appeal;
 amend after a responsive pleading has been filed;
 cancel statutory lien;
 an order to break in or for writ of demolition;
 intervention;
 judgment on pleadings;
 Summary judgment;
 Demurrer to evidence;
 Declare defendant in default; and
 Other similar motions
 Resolution of Written Motions – All motions shall be served by: (1) Personal service; (2) Accredited
carrier; (3) Registered mail; and (4) Electronic means so as to ensure their receipt by the other party.
 No written motion shall be acted upon by the court without proof of service thereof
 opposing party shall file his or her opposition to a litigious motion within 5 calendar days from
receipt thereof. No other submissions shall be considered by the court in the resolution of the
motion.
 Resolved by the court within 15 days from its receipt of opposition, or upon expiration of period to
file such opposition.
 Hearing on litigious motions; discretionary - Court may, in the exercise of its discretion, and if
deemed necessary for its resolution, call a hearing on the motion. Notice of hearing shall be
addressed to all parties concerned and shall specify date and time of hearing
 Effect of granting a motion to dismiss - Subject to the right of appeal, an order granting a motion to
dismiss or an affirmative defense shall bar the refiling of the same action or claim.

4. Prohibited Motions (DARSEP)

 Motion to dismiss –
 XPNs: (a) lack of jurisdiction over the subject matter; (b) litis pendentia; and (c) res judicata.
 Other grounds for dismissal of actions, such as that in Rule 17 (upon notice by plaintiff; upon motion
of plaintiff; due to fault of plaintiff) and that in Rule 33 (Demurrer to evidence, which is, in effect a
motion to dismiss).
 Motion to hear affirmative defenses - court shall motu proprio resolve the affirmative defenses
within 30 calendar days from the filing of the answer (Summary Hearing)
 MR of the court’s action on the affirmative defenses – Affirmative defenses, if denied, shall not be
the subject of a motion for reconsideration or petition for certiorari, prohibition or mandamus, but
may be among the matters to be raised on appeal after a judgment on the merits
 Motion to suspend proceedings without a temporary restraining order or injunction issued by a
higher court;
 Motion for extension of time to file pleadings, affidavits or any other papers; - XPN: Motion for
extension to file an answer
 Motion for postponement intended for delay; - XPN: (a) acts of God; (b) Force majeure; and (c)
Physical Inability of the witness to appear and testify.
 If the motion is granted based on such exceptions, the moving party shall be warned that the
presentation of its evidence must still be terminated on the dates previously agreed upon

5. Motion for Bill of Particulars (Rule 12) - a motion for a definitive statement for any matter which is not
averred to any by an adverse party with sufficient definiteness or particularity to enable him or her
properly to prepare his or her pleading
 Three Options available to the Defendant upon receipt of the Complaint (BAD)
1. Filing of a motion for bill of particulars;
2. Filing of an answer to the complaint; or
3. Filing of a motion to dismiss
 Purpose and when applied for - to clarify the allegations in the pleading so an adverse party may be
informed with certainty of the exact character of the cause of action or defense.
 Not to enable the movant to prepare for trial. Where the movant is to enable him to prepare for
trial, the appropriate remedy is to avail of the discovery procedures and even of a pretrial.
 Motion for a Bill of Particulars; when Available - Before responding to a pleading. If the pleading is
a reply, the motion must be filed within 10 calendar days from service thereof
 Instances when a Bill of Particulars is allowed:
1. allegations are indefinite and uncertain that the nature cannot be understood therefrom;
2. allegations are so vague that they do not appear therefrom in what capacity a party sues or is
issued;
3. allegations are uncertain as to time, place, quantity, title, person, or any other matter
required to be pleaded with certainty;
4. allegations are faulty in duplication, setting out two grounds for a single claim;
 5. denials are so indefinite and uncertain that it cannot be understood what is denied and what
is admitted;
6. Particulars of details of computation of bank account were allowed; technicalities are frowned
upon; or
7. Conclusions of law – deceit, machination, false pretenses, misrepresentations and threats are
conclusions of law and mere allegations thereof without a statement of the facts to which
such terms have references are not sufficient
 When Bill of Particular is Improper: (a) Specified with particularity; (b) within party’s knowledge; (c)
Irrelevant to the allegations of complaint; or (d) Properly ascertainable by discovery.
 Filing of Bill of Particulars - filed either through a separate or an amended pleading
 Who can avail of Motion for Bill of Particulars - Both parties
 Requirements of Bill of Particulars: Point out: (a) Defects complained of; (b) paragraphs wherein
they are contained; and (c) details desired.
 Action of the court: Court may: (a) Deny or Grant it outright; and (b) Allow parties the opportunity
to be heard.
 Motion granted - Either in whole or in part, it must be effected within 10 calendar days from notice
of the order, unless a different period is fixed by the court. The bill of particulars or a more definite
statement ordered by the court may be filed in a separate or in an amended pleading, serving a
copy thereof on the adverse party
 Non-Compliance with the Order of a Bill of Particular –
1. If order is not obeyed/insufficient compliance therewith, the court may:
(a) striking out of the pleading or the portion thereof to which the order is directed; or
(b) Make such orders as it may deem just.
2. Plaintiff is disobedient, his or her complaint will be stricken off and dismissed
3. Defendant is disobedient, his answer will be stricken off and his counterclaim dismissed,
and he will be declared in default upon motion of the plaintiff.

J. Dismissal of Actions (Rule 17)

 Dismissal upon notice by plaintiff - at any time before service of the answer or of a motion for summary
judgment. The court shall issue an order confirming the dismissal, without prejudice.
 With prejudice, when dismissed twice on action based on or including the same claim.
 Dismissal upon motion of plaintiff (without prejudice) - After the service of answer or of a motion for
summary judgement, a complaint shall not be dismissed at the plaintiff’s instance save upon approval of the
court and upon such terms and conditions as the court deems proper.
 Does not affect counterclaim if pleaded prior to service of the plaintiff’s motion for dismissal. Unless, within
15 days from notice of the motion he manifests preference to have his counterclaim resolved in the same
action.
 A class suit shall not be dismissed or compromised without approval of the court.
 Dismissal due to fault of plaintiff - for no justifiable cause, (1) the plaintiff fails to appear on the date of the
presentation of his or her evidence in chief on the complaint, or (2) to prosecute his or her action for an
unreasonable length of time, or (3) to comply with these Rules or any order of the court.
 The complaint may be dismissed upon motion of the defendant or upon the courts own motion, without
prejudice to the right of the defendant to prosecute his or her counterclaim in the same or in a separate
action.
 Dismissal shall have the effect of adjudication upon the merits, unless otherwise declared by the court.
 Dismissal of counterclaim, cross-claim, or third-party complaint - before a responsive pleading or a motion
for summary judgment is served or, if there is none, before the introduction of evidence at the trial or
hearing.
1. With Prejudice vs. Without Prejudice
 Dismissal with Prejudice –
 notice of dismissal by the plaintiff provides that the dismissal is with prejudice
 plaintiff has previously dismissed the same case in a court of competent jurisdiction based on or
including the same claim
 dismissal shall have the effect of adjudication on the merits, unless otherwise declared by the
court
 Dismissal without Prejudice - dismissal made by the filing of a notice of dismissal
 DISMISSAL UPON NOTICE BY THE PLAINTIFF; TWO-DISMISSAL RULE
 Dismissal upon Notice by the Plaintiff - at any time before service of the answer or of a motion for
summary judgment Upon such notice being filed, the court shall issue an order confirming the
dismissal, without prejudice.
 GR: A dismissal without prejudice
 XPNs:
1. Notice of dismissal by the plaintiff provides that the dismissal is with prejudice
2. Two-Dismissal Rule
3. Even where the notice of dismissal does not provide that it is with prejudice but it is
premised on the fact of payment by the defendant of the claim involved
 It is a matter of right
 Dismissal as a matter of right ceases when an answer or a motion for summary judgment is
served on the plaintiff and not when the answer or motion is filed with the court.
 Thus, if a notice of dismissal is filed by the plaintiff even after an answer has been filed in court
but before the responsive pleading has been served on the plaintiff, the notice of dismissal is
still a matter of right.
 Since there is no answer yet filed by the adverse party, no counterclaim is recoverable.
 Two-dismissal rule - When filed by a plaintiff who has once dismissed in a competent court an
action based on or including the same
 DISMISSAL UPON MOTION OF PLAINTIFF; EFFECT ON EXISTING COUNTERCLAIM
 After service of the answer or a motion for summary judgment by the adverse party.
 A matter of discretion upon the court
 A complaint shall not be dismissed at the plaintiff's instance without approval of the court and upon
such terms and conditions as the court deems proper
 GR: It is a dismissal without prejudice.
 XPN: If the order of dismissal specifies that it is with prejudice.
 A class suit shall not be dismissed or compromised without the approval of the court
 Effect: If a counterclaim has been pleaded by a defendant prior to the service upon him of the
plaintiff's motion for dismissal, the dismissal shall be limited to the complaint.
 GR: It is without prejudice to the right of defendant to prosecute his counterclaim in a separate
action
 XPN: Unless within fifteen (15) calendar days from notice of the motion he manifests his preference
to have his counterclaim resolved in the same action.
 DISMISSAL DUE TO THE FAULT OF PLAINTIFF
1. If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his
evidence in chief on the complaint;
2. plaintiff fails to prosecute his action for an unreasonable length of time (nolle prosequi)
3. plaintiff fails to comply with the Rules or any order of the court
 The plaintiff’s failure to appear at the trial after he has presented his evidence and rested his case
does not warrant the dismissal of the case on the ground of failure to prosecute. It is merely a
waiver of his right to crossexamine and to object to the admissibility of evidence
  Matter of evidence
 GR: Dismissal is with prejudice because it has an effect of an adjudication on the merits.
 XPN: Unless otherwise declared by the court
 Dismissal upon motion of the defendant or upon the court's own motion is without prejudice to the
right of the defendant to prosecute his counterclaim on the same or separate action.
 Note: Failure of the plaintiff to appear at the pre-trial when so required shall cause for the dismissal
of the action.

2. Dismissals Which Have an Effect of an Adjudication on the Merits

 Judgement on the merits - one wherein there is an unequivocal determination of the rights and
obligations of the parties with respect to the causes of action and the subject matter
 When it determines the rights and liabilities of the parties based on the disclosed facts, irrespective
of formal, technical or dilatory objections
 Rendered after a determination of which party is right
 It is not required that a trial, actual hearing, or argument on the facts of the case ensued, for as long
as the parties had the full legal opportunity to be heard on their respective claims and contentions
 Consequences when a dismissal has the effect of an adjudication on the merits – (1) with prejudice
to the filing of another action; (2) remedy is to appeal the order of dismissal; and (3) res judicata
sets in.
 Dismissals which have an effect of an adjudication on the merits
1. Order granting a motion to dismiss or affirmative defense on litis pendentia, prescription,
extinguishment of claim, or unenforceability of claim;
2. Two-dismissal Rule;
3. Dismissal due to fault of the plaintiff; unless otherwise qualified by the court
4. Acts of the party or his counsel clearly constitute willful and deliberate forum shopping;
5. Dismissal by way of demurrer to evidence.

K. Pre-Trial (Rule 18)

 Concept of Pre-Trial - procedural device by which the court is called upon, after the filing of the last
pleading, (1) to compel the parties and their lawyers to appear before it, and (2) negotiate an amicable
settlement or otherwise make a formal statement and (3) embody in a single document the issues of fact
and law involved in the action, and (4) such other matters as may aid in the prompt disposition of the
action.
 Conduct of a pre-trial - Clerk of court, within five (5) calendar days from filing of the last responsive
pleading, issue a notice of pre-trial which shall be set not later than 60 calendar days.

1. Nature and Purpose

 Nature of a Pre-trial - Mandatory and should be terminated promptly. It is not a mere technicality in
court proceedings for it serves a vital objective: the simplification, abbreviation, and expedition of
the trial, if not indeed its dispensation
 Pre-trial Conference - Judge shall be the one to ask questions on issues raised by the parties and all
questions or comments by counsel or parties must be directed to the judge. (to avoid hostilities
between the parties)

 Purposes of Pre-trial
1. Possibility of an amicable settlement or of a submission to alternative modes of dispute
resolution;
 2. Simplification of the issues;
3. Possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof;
4. Limitation of the number and identification of witnesses and the setting of trial dates;
5. Advisability of a preliminary reference of issues to a commissioner;
6. Propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the
action should a valid ground therefore be found to exist;
7. The requirement for the parties to:
a. Mark their respective evidence if not yet marked in the judicial affidavits of their
witnesses;
b. Examine and make comparisons of the adverse parties’ evidence vis-à-vis the copies to be
marked;
c. Manifest for the record stipulations regarding the faithfulness of the reproductions and the
genuineness and due execution of the adverse parties’ evidence;
d. Reserve evidence not available at the pre-trial, but only in the following manner:
i. For testimonial evidence, by giving the name or position and the nature of the
testimony of the proposed witness;
ii. For documentary evidence and other object evidence, by giving a particular
description of the evidence
8. Such other matters as may aid in the prompt disposition of the action.
 Effect of failure of a party and counsel to appear without just cause, despite notice - result in a
waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and
due execution.
 Effect of failure without just cause of a party and counsel to bring the evidence required - deemed
a waiver of the presentation of such evidence
 Effect of failure of the parties to settle the case during Pre-trial Proceeding - Judge should not
allow the termination of a pre-trial simply because of the manifestation of the parties that they
cannot settle the case. Instead, he should expose the parties to the advantages of pre-trial. He must
also be mindful that there are important aspects of the pre-trial that ought to be taken up to
expedite the disposition of the case.
 If all efforts to settle fail, judge shall endeavor to achieve the other purposes of a pre-trial like,
among others, obtaining admissions or stipulations of fact. Ask the parties to submit whatever
depositions have been taken, answers to written interrogatories, and the answers to request for
admissions by the adverse party. He may also require the production of documents or things
requested by a party and the results of the physical and mental examination of persons
 One Day Examination of Witness Rule (2009, 2016 BAR) - Court shall ask the parties to agree on the
specific dates for continuous trial, adhere to the case flow chart determined by the court and use
the time frame for each stage setting the trial dates.
 Witness shall be fully examined in 1 day only, subject to the court’s discretion during the trial on
whether or not to extend the examination for justifiable reasons.
 Most Important Witness Rule (2016 BAR) - Where no settlement has been effected, court shall
determine the most important witnesses and limit the number of such witnesses and require the
parties and/or counsels to submit to the branch clerk of court the names, addresses and contact
numbers of the witnesses to be summoned by subpoena
 The court may also refer the case to a trial by commissioner

2. Appearance of Parties; Effects of Failure to Appear

 Appearance of parties at pre-trial, CAM and ADR - Both the parties and their counsel must appear.
 Non-appearance of a party and counsel may be excused only for acts of God, force majeure or duly
substantiated physical inability
 Should the lawyer undertake to appear not only as an attorney but in substitution of his client’s
person, it is imperative for him to have “special authority” to make such substantive agreements as
only the client otherwise has capacity to make
 The “special authority” of the lawyer or representative should be in writing because the courts can
neither second-guess the specific powers given, nor can the courts assume that all the powers are
granted by a party to his representative.
 Representative may appear on behalf of a party - fully authorized in writing to enter into an
amicable settlement, to submit to alternative modes of dispute resolution, and to enter into
stipulations or admissions of facts and documents
 Failure to appear during pre-trial when duly notified
1. Plaintiff’s and counsel’s failure to appear without valid cause - cause for the dismissal of the
action, with prejudice, unless otherwise ordered by the court.
Remedy: (1) Appeal; or (2) Re-filing of the complaint, if without predudice.
2. Defendant’s and counsel’s non-attendance - cause to allow the plaintiff to present his or her
evidence ex parte, within ten (10) calendar days from termination of the pre-trial, and the court
to render judgment on the basis of the evidence offered
Remedy: MR of the order and if the denial is tainted with grave abuse of discretion, he may file
a petition for certiorari (Rule 65)
 When non-appearance of a party in a pre-trial conference excused
1. Valid cause is shown therefore; or
2. Representative shall appear on behalf of a party fully authorized in writing to: (a) enter
amicable settlement; (b) Submit to mode of ADR; and (c) enter stipulations/admissions of facts
and of documents.
Note: Mere presentation of such written authority is not sufficient, but must be complemented
by a showing of valid cause for the non-appearance of the party himself
 Effect of the non-appearance of a party on the dates set for CAM or JRD if necessary - deemed as
non-appearance at the pre-trial and shall merit the same sanctions.
 When is CAM conducted (Mandatory) - After pre-trial and, after issues are joined;
 Duration of CAM: 30 days without further extension
 When is JDR conducted - Only if the judge of the court to which the case was originally raffled is
convinced that settlement is still possible, case may be referred to another court for JDR.
 Duration of JDR – non extendible period of 15 calendar days from notice of failure of CAM

3. Pre-Trial Brief; Effect of Failure to File

 When filed – at least 3 days before the date of pre-trial.
 Contents of a pre-trial brief:
1. Concise statement of the case and the reliefs prayed for;
2. Summary of admitted facts and proposed stipulation of facts;
3. Main factual and legal issues to be tried or resolved;
4. Propriety of referral of factual issues to commissioners;
5. Documents or other object evidence to be marked, stating the purpose thereof;
6. Names of the witnesses, and the summary of their respective testimonies; and
7. brief statement of points of law and citation of authorities
 Parties are bound by the representations and statements in their respective pre-trial briefs. Hence,
such representations and statements are in the nature of judicial admissions
 Effect of Failure to file a Pre-trial Brief – same effect as failure to appear at the pre-trial
1. plaintiff fails to file a pre-trial brief- such failure shall be a cause for dismissal of the action;
 2. defendant fails to do so- such failure shall be a cause to allow the plaintiff to present his
evidence ex parte.
 The dismissal of the complaint for failure to file pre-trial brief is discretionary on the part of the trial
court
 Purpose of the pre-trial order - bind the parties, limit the trial matters not disposed of and control
the course of action during the trial.
 The non-inclusion of an issue in the pre-trial order bars its consideration during trial
 No evidence shall be allowed to be presented and offered during the trial in support of a party’s
evidence-in-chief other than those that had been earlier identified and pre-marked during the pre-
trial except if allowed by the court for good cause shown.

L. Intervention (Rule 19)

 A remedy by which a third party, not originally impleaded in the proceedings, becomes a litigant therein to
enable him or her or it to protect or preserve a right or interest which may be affected by such proceedings.
 A proceeding in a suit or action by which third person is permitted by the court to make himself a party,
either joining the plaintiff in claiming what is sought by the complaint, or uniting with the defendant in
resisting the claims of the plaintiff, or demanding something adverse from both of them
 Intervention is merely optional and permissive. Hence, the court has the full measure of discretion in
permitting or disallowing the same.
 Court can no longer allow to intervene in the intestate proceeding of estate that had already been closed
and terminated more than two years before their motion was filed
 Who may intervene – (a) A person who has a legal interest in the matter in litigation; (b) or in the success of
either parties; (c) or an interest against both, or is so situated as to be adversely affected by distribution or
other disposition of property in the custody of the court.
 Legal Interest - actual, material, direct and of an immediate character, so that the intervenor will either gain
or lose by the direct legal operation of judgment.
 Requirements for intervention – Prove: (a) Has legal interest in the matter litigated; [FACTORS IN
APPROVAL] (b) intervention will not unduly prejudice or delay the adjudication of the rights of the parties;
and (c) his claim is not capable of being properly decided in a separate proceeding.
 Requisites for Intervention
1. Motion for intervention filed before rendition of judgment by the trial court; (necessary – leave of
court required for allowance)
2. Show in his or her motion that he or she has/is:
a. immediate legal interest in the matter in controversy, not merely contingent;
b. legal interest in the success of either of the parties in the action;
c. so situated as to be adversely affected by a distribution or other disposition of the property in
the custody of the court or of an officer thereof
3. Intervention will not unduly delay or prejudice the adjudication of the rights of original parties; and
4. Intervenor’s rights may not be fully protected in a separate proceeding
 It is recognized that a judgment creditor who has reduced his claim to judgment may be allowed to
intervene and a purchaser who acquires an interest in property upon which an attachment has been levied
may intervene in the underlying action in which the writ of attachment was issued for the purpose of
challenging the attachment.
 Intervention is NOT an independent proceeding (2000 BAR) - ancillary and supplemental to an existing
litigation.
 Denial of a motion to intervene does not constitute res judicata. The remedy of the intervenor is to file a
separate action.
 Intervention cannot alter nature of action (2011 BAR) and the issues are already joined
 Time to Intervene - any time before rendition of judgment by the trial court. Copy of the pleading-in-
intervention shall be attached to the motion and served on the original parties
 Procedure for intervention
1. Intervenor shall file a motion for intervention attaching thereto his pleading-in-intervention
a. Complaint-in-intervention - assert a claim against either or all of the original parties
b. Answer-in-intervention - pleading seeks to unite with the defending party in resisting a claim
against the latter
2. Motion and the pleading shall be served upon the original parties
3. Answer to the complaint-in-intervention shall be filed within fifteen (15) calendar days from notice
of the order admitting the same, unless a different period is fixed by the courts
 Intervention may be allowed after judgment has been rendered by the court
 GR: After rendition of judgment, a motion to intervene is barred, even if the judgment itself recognizes the
right of the movant. Hence, intervention after trial and decision can no longer be permitted.
 XPNs:
1. Indispensable parties, allowed even on appeal
2. intervenor is the Republic (Prescription does not lie against the State)
3. Necessary to protect some interest which cannot otherwise be protected, and for the purpose of
preserving the intervenor’s right to appeal
4. During the pendency of the appeal, where the interest of justice so requires
 The allowance or disallowance of a motion for intervention rests on the sound discretion of the court after
consideration of the appropriate circumstances
 REMEDY FOR THE DENIAL OF MOTION TO INTERVENE - Mandamus from the Order of the court allowing or
disallowing intervention (arbitrary abuse of that discretion)
 GR: The granting or refusal of a motion to intervene is a matter of judicial discretion, and once exercised,
the decision of the court cannot be reviewed or controlled by mandamus, however erroneous it may be
 XPN: arbitrary abuse of that discretion, in which case mandamus may issue if there is no other adequate
remedy, though the result is that the court will be called upon to review the exercise of a discretionary
power
 A court’s power to allow or deny intervention is circumscribed by the basic juridical procedure that only a
person with interest in an action or proceeding may be allowed to intervene
 This discretion, however, must be exercised judiciously and only after consideration of all the circumstances
obtaining in the case. Thus, where substantial interest of the movant in the subject matter is undisputed, a
denial of a motion to intervene is an injustice.

M. Subpoena (Rule 21)

 SUBPOENA AD TESTIFICANDUM - process directed to a person requiring him or her to attend and to testify
at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the
taking of his or her deposition.
 Subpoena Duces Tecum - require him to bring with him or her any books, documents, or other things under
his or her control, in which case it is called a subpoena duces tecum
 May be served to a non-party
 Needs tender of kilometrage, attendance fee and reasonable cost of production fee.
 When a party may apply for the issuance of subpoena ad testificandum or duces tecum - If the
government employee or official, or the requested witness, who is neither the (a) witness of the adverse
party nor a (b) hostile witness:
1. Unjustifiably declines to execute a judicial affidavit; or
2. Refuses without just cause to make the relevant books, documents, or other things under his control
available for copying, authentication, and eventual production in court.
 The rules governing the issuance of a subpoena to the witness in this case shall be the same as when taking
his deposition except that the taking of a judicial affidavit shall be understood to be ex parte.
 The subpoena may be issued by any of the following:
1. court before whom the witness is required to attend;
2. court of the place where the deposition is to be taken;
3. officer or body authorized by law to do so in connection with investigations conducted by said officer
or body; or
4. Any Justice of the SC or of the CA in any case or investigation pending within the Philippines
 Quashing of Subpoena - Grounds in Subpoena duces tecum: Upon motion promptly made and, in any
event, at or before the time specified therein:
1. unreasonable and oppressive;
2. relevancy of the books, documents or things does not appear;
3. person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production
thereof
4. witness fees and kilometrage allowed by the Rules were not tendered when the subpoena was served
 Effect of failure to comply with subpoena - Contempt
 GR: court or judge which issued the subpoena, issue a warrant for the arrest of the witness and require him
or her to pay the cost of such warrant and seizure (disobeyed w/o just cause)
 XPNs:
1. Viatory right – resides more than 100 Kms.
2. Permission of the court in which the detention prisoner’s case is pending was not obtained

N. Computation of Time (Rule 22)

 The day of the act or event from which the designated period of time begins to run is to be excluded and
the date of performance included.
 If the last day of the period falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits,
the time shall not run until the next working day.
 Effect of interruption - the allowable period after such interruption shall start to run on the day after notice
of the cessation of the cause thereof
 The day of the act that caused the interruption shall be excluded in the computation of the period.

O. Modes of Discovery
 Discovery - device employed by a party to obtain information about relevant matters on the case from the
adverse party in preparation for the trial.
 The device may be used by all the parties to the case. Rules of Discovery also apply to special proceedings
 Purposes of the Rules of Discovery
1. enable a party to obtain knowledge of material facts within the knowledge of the adverse party or of
third parties through depositions;
2. obtain knowledge of material facts or admissions from the adverse party through written
interrogatories;
3. obtain admissions from the adverse party regarding the genuineness of relevant documents or
relevant matters of fact through requests for admissions;
4. inspect relevant documents or objects, and lands or other property in the possession and control of
the adverse party; and
5. determine the physical or mental condition of a party when such is in controversy.
 Designed to serve as an additional device aside from a pre-trial, to narrow and clarify the basic issues
between the parties, to ascertain the facts relative to the issues and to enable the parties to obtain the
fullest possible knowledge of the issues and facts before civil trials and thus prevent the said trials to be
carried on in the dark.
 It is intended to make certain that all issues necessary to the disposition of a case are properly raised.
 Modes of discovery provided by the Rules of Civil Procedure
a. Depositions pending action; before action or pending appeal;
b. Interrogatories to parties;
c. Admission by adverse party;
d. Production/inspection of documents or things; and
e. Physical & mental examinations of persons.

1. Depositions (Rules 23 and 24, See People v. Sergio, G.R. No. 240053, October 9, 2019)
 Testimony of a witness, put or taken in writing, under oath or affirmation, before a commissioner,
examiner or other judicial officer, in answer to interlocutory and cross-interlocutory, and usually
subscribed by the witnesses
 Scope of examination in a deposition - any matter, not privileged, which is relevant to the subject of
the pending action, whether relating to the claim or defense of any other party, including the
existence, description, nature, custody, condition, and location of any books, documents, or other
tangible things and the identity and location of persons having knowledge of relevant facts.
 May be applied suppletorily to criminal proceedings provided there are compelling reasons to do so.
 Deposition by written interrogatories can be made in criminal proceedings provided the two-fold
purpose of the accused’s right to confrontation is safeguarded.
1. Primarily, afford the accused an opportunity to test the testimony of the witness by cross-
examination
2. Secondarily, allow the judge to observe the deportment of the witness
 In the case of People v. Sergio, the trial court laid down the terms and conditions to ensure that the
accused may be given ample opportunity to cross-examine the witness by way of written
interrogatories so as not to defeat the first purpose of their constitutional right. The trial court judge
shall then be present during the conduct of written interrogatories as this will give ample
opportunity to observe and examine the demeanor of the witness closely which upholds the second
purpose of the constitutional right. The Supreme Court held that the constitutional right of the
accused was safeguarded
 Effect of substitution of parties - does not affect the right to use depositions previously taken, all
depositions lawfully taken and duly filed in the former action may be used in the latter as if
originally taken therefor
 Effect of taking depositions - party shall not be deemed to make a person his or her own witness for
any purpose
 Effect of using depositions
 GR: The introduction in evidence of the deposition, or any part thereof, makes the deponent the
witness of the party introducing the deposition.
 XPN:
1. deposition is used for impeaching or contradicting the deponent; or
2. adverse party uses the deposition of the other party
 Rebutting a deposition - during trial or hearing, any party may rebut any relevant evidence
contained in a deposition whether introduced by him or her or by any other party.
 Persons before whom deposition may be taken
1. If within the Philippines: (a) Any Judge; (b) Notary Public; or (c) Any person authorized to
administer oaths, as stipulated by the parties in writing
2. If outside the Philippines:
a. On notice, before a secretary of embassy or legation, consul-general, consul, vice-consul,
or consular agent of the Philippines
b. person or officer as may be appointed by commission or letters rogatory; or
 c. Any person authorized to administer oaths, as stipulated by the parties in writing
 Deposition as direct testimony - The taking of depositions has been allowed as a departure from
open-court testimony. Depositions may be taken at any time after the institution of any action,
whenever necessary or convenient." There is no rule that limits deposition taking only to the period
of pre-trial or before it; no prohibition against the taking of depositions after pre-trial." There can be
no valid objection to allowing them during the process of executing final and executory judgments,
when the material issues of fact have become numerous or complicated.
 Depositions are allowed, provided they are taken in accordance with the provisions of the Rules of
Court (that is, with leave of court if the summons have been served, without leave Page 179 of 1093
of court if an answer has been submitted); and provided, further, that a circumstance for their
admissibility exists.
 How can a person perpetuate his or her testimony even before the filing of any action - file a
verified petition in the court of the place of the residence of any expected adverse party.
 Disqualifications of a deposition officer:
1. related to the deponent within the 6th degree C/A
2. employee or attorney of one of the parties;
3. related to the attorney of the deponent within the same degree or employee of such attorney
4. financially interested in the action
 Modes of Discovery
1. Deposition Pending Action - Upon ex parte motion of a party, testimony of any person,
whether a party or not, taken by deposition upon oral examination or written interrogatories.
Compel attendance by subpoena. Deposition of a person confined in prison may be taken only
by leave of court on such terms as the court prescribes
2. Depositions before action or pending appeal - person who desires to perpetuate own or
another testimony, may file a verified petition in the court of the place of the residence of any
expected adverse party.
3. Written interrogatories to adverse parties - Upon ex parte motion, elicit material and relevant
facts from any adverse party, file and serve upon the latter written interrogatories, if the party
served is a public or private corporation or a partnership or association, by any officer thereof
competent to testify in its behalf.
4. Admission by adverse party - any time after issues have been joined, file and serve upon any
other party a written request for the admission of the genuineness of any material and relevant
document or of the truth of any material and relevant matter of fact.
5. Production or inspection of documents or things - good cause therefor, court permit the
inspection and copying of any designated documents or order any party to permit entry upon
designated land or other property in his possession or control for the purpose of inspecting or
photographing the property or any designated relevant object or operation thereon.
6. Physical and mental examination of persons - court in which the action is pending may in its
discretion order him or her to submit to a physical or mental examination by a physician.
 Rule on deposition by written interrogatories - may be applied suppletorily in criminal proceedings
so long as there is compelling reason.

2. Interrogatories to Parties (Rule 25)

 Mode of discovery intended as a means to compel disclosure of facts resting in the knowledge of a
party or other person which are relevant in some suit or proceeding in court
 Done by filing a set of written questions made by a party and is served to the adverse party where
the latter must respond in writing.
 Service - Upon ex parte motion, any party desiring to elicit material and relevant facts from any
adverse parties shall file and serve upon the latter written interrogatories to be answered by the
 party served or, if the party served is a public or private corporation or a partnership or association,
by any officer thereof competent to testify in its behalf
 Answer to interrogatories - fully in writing and shall be signed and sworn to by the person making
them. File and serve a copy of the answers on the party submitting the interrogatories within fifteen
(15) calendar days after service thereof, unless the court, on motion and for good cause shown,
extends or shortens the time.
 Objections to interrogatories - presented to the court within ten (10) calendar days after service
thereof, with notice as in case of a motion; and answers shall be deferred until the objections are
resolved, which shall be at as early a time as is practicable
 Number of interrogatories - without leave of court, serve more than one set of interrogatories to be
answered by the same party.
 Scope and use of interrogatories. – relate to any matters that can be inquired into and the answers
may be used for the same purposes
 Effect of failure to serve written interrogatories. - may not be compelled by the adverse party to
give testimony in open court, or to give a deposition pending appeal.
 Purpose of interrogatories to parties - to obtain admissions and thus limit subjects of controversy at
trial and avoid unnecessary testimony and waste of time in preparation.
 The answers may now be used as judicial admissions of the adverse party.
 If a motion to a bill of particulars is denied, it will not bar the party to avail of modes of discovery.
 Effect of unsigned deposition - does not preclude its use during the trial. deponent’s signature to
the deposition is not in all events indispensable since the presence of signature goes primarily to the
form of deposition.
 DEPOSITIONS UPON WRITTEN INTERROGATORIES TO PARTIES
 Deponent – Party/ordinary witness
 Procedure – With intervention of officer authorized by the court to take deposition. Not served
to the adverse party directly, instead, delivered to the officer before whom the deposition is to
be taken.
 Scope – Direct, Cross, redirect, re-cross
 Interrogatories – no fixed time
 Binding effect – to anyone present during deposition
 INTERROGATORIES TO PARTIES
 Deponent – Party only
 Procedure – No intervention, directed to party himself, served directly upon adverse party.
 Scope – Direct, Cross, redirect, re-cross
 Interrogatories – 15 days to answer unless extended or reduced by the court.
 Binding effect – only to the parties.
 Procedure in taking interrogatories - upon ex parte motion, by filing and serving upon the adverse
party written interrogatories to be answered by the party served. If the party is a juridical entity, it
shall be answered by any of its officers competent to testify in its behalf
 No party may, without leave of court, serve more than one set of interrogatories to be answered by
the same party
 Necessity of leave of court before a party may be served with written interrogatories - the issues
are not yet joined and the disputed facts are not yet clear. However, it is not necessary after answer
has been served, for the first set of interrogatories.
 EFFECT OF FAILURE TO SERVE WRITTEN INTERROGATORIES
 GR: Party not served with written interrogatories may not be compelled by the adverse party to give
testimony in open court, or to give a deposition pending appeal.
 XPN: When allowed by the court and there is good cause shown and the same is necessary to
prevent a failure of justice.
 As a rule, in civil cases, the procedure of calling the adverse party to the witness stand is not
allowed, unless written interrogatories are first served upon the latter. The rule aims to prevent
fishing expeditions and needless delays; it is there to maintain order and facilitate the conduct of
trial. It will be presumed that a party who does not serve written interrogatories on the adverse
party beforehand will most likely be unable to elicit facts useful to its case if it later opts to call the
adverse party to the witness stand as its witness

3. Admission by Adverse Party (Rule 26)

 Request for admission - any time after issues have been joined, file and serve upon any other party
a written request for the admission by the latter of the (1) genuineness of any material and relevant
document described in and exhibited with the request or of (2) the truth of any material and
relevant matter of fact set forth in the request.
 The answer to a request for admission properly served which was signed and sworn to by the
counsel of the party so requested is sufficient compliance with this rule, especially in the light of
counsel’s authority
 Implied admission - Each of the matters of which an admission is requested shall be deemed
admitted, unless within 15 calendar days, party (requested) files and serves upon the party
requesting the admission a sworn statement either denying specifically the matters of which an
admission is requested or setting forth in detail the reasons why he or she cannot truthfully either
admit or deny those matters
 Objections to any request for admission shall be submitted to the court by the party requested
within the period for and prior to the filing of his or her sworn statement as contemplated in the
preceding paragraph and his or her compliance therewith shall be deferred until such objections are
resolved, which resolution shall be made as early as practicable
 The answer to a request for admission properly served which was signed and sworn to by the
counsel of the party so requested is sufficient compliance with this rule, especially in the light of
counsel’s authority or relevant matters of fact set forth therein on account of failure to answer the
request for admission.
 Effect of admission - for the purpose of the pending action only and shall not constitute an
admission by him or her for any other purpose nor may the same be used against him or her in any
other proceeding.
 Withdrawal - court may allow the party making an admission under this Rule, whether express or
implied, to withdraw or amend it upon such terms as may be just.
 Effect of failure to file and serve request for admission - Effect of failure to file and serve request
for admission

4. Production or Inspection of Documents or Things (Rule 27)

 Motion for production or inspection; order - Upon motion of any party showing good cause
therefor, court may:
1. order any party to produce and permit the inspection and copying or photographing, by or
on behalf of the moving party, of any designated documents, papers, books, accounts,
letters, photographs, objects or tangible things, not privileged, which constitute or contain
evidence material to any matter involved in the action and which are in his or her
possession, custody or control; or
2. order any party to permit entry upon designated land or other property in his or her
possession or control for the purpose of inspecting, measuring, surveying, or photographing
the property or any designated relevant object or operation thereon. The order shall specify
the time, place and manner of making the inspection and taking copies and photographs,
and may prescribe such terms and conditions as are just.
 Limitations on the request for production or inspection of documents or things
1. Should not be privileged;
2. Should constitute or contain evidence material to any matter involved in the action and
which are in his (the party ordered) possession, custody, or control
3. the papers and documents to be produced must be sufficiently described.
 Does not authorize the opposing party or the clerk of court or other functionaries of the court to
distrain the articles or deprive the person who produced the same of their possession, even
temporarily.
 Requisites –
1. File a Motion for the production or inspection of documents or things, showing good cause
therefor;
2. Served to all other parties of the case;
3. Designate the documents, papers, books, accounts, letters, photographs, objects or tangible
things which the party wishes to be produced and inspected;
4. documents, etc., are not Privileged; and
5. are in the Possession, custody or control of the other party

5. Physical and Mental Examination of Persons (Rule 28)

 When examination may be ordered - the court in which the action is pending may in its discretion
order him or her to submit to a physical or mental examination by a physician
 Order for examination - only on motion for good cause shown and upon notice to the party to be
examined and to all other parties, and shall specify the time, place, manner, conditions and scope of
the examination and the person or persons by whom it is to be made
 Report of findings - If requested by the party examined, party causing the examination to be made
shall deliver to him or her a copy of a detailed written report of the examining physician setting out
his or her findings and conclusions.
 After such request and delivery, party causing the examination to be made shall be entitled upon
request to receive from the party examined a like report of any examination, previously or
thereafter made, of the same mental or physical condition.
 If party examined refuses to deliver such report, court on motion and notice may make an order
requiring delivery on such terms as are just, and if a physician fails or refuses to make such a report,
the court may exclude his or her testimony if offered at the trial
 Waiver of privilege - By requesting and obtaining a report of the examination so ordered or by
taking the deposition of the examiner, the party examined waives any privilege he or she may have
in that action or any other involving the same controversy, regarding the testimony of every other
person who has examined or may thereafter examine him or her in respect of the same mental or
physical examination.
 When available - action in which the physical or mental condition of a party is in controversy.

6. Refusal to Comply With Modes of Discovery (Rule 29

 Refusal to answer - examination may be completed on other matters or adjourned as the
proponent of the question may prefer. The proponent may thereafter apply to the proper court of
the place where the deposition is being taken, for an order to compel an answer. The same
procedure may be availed of when a party or a witness refuses to answer any interrogatory
submitted
 Application is granted, court shall require the refusing party or deponent to answer the question or
interrogatory and if it also finds that the refusal to answer was without substantial justification, it
may require the refusing party or deponent or the counsel advising the refusal, or both of them, to
 pay the proponent the amount of the reasonable expenses incurred in obtaining the order, including
attorney’s fees.
 Application is denied, court finds that it was filed without substantial justification, the court may
require the proponent or the counsel advising the filing of the application, or both of them, to pay
to the refusing party or deponent the amount of the reasonable expenses incurred in opposing the
application, including attorney’s fees.
 Contempt of court - refuses to answer any question after being directed to do so by the court of the
place in which the deposition is being taken, the refusal may be considered a contempt of that court
 Other consequences – (1) any party or an officer or managing agent of a party refuses to obey an
order made requiring him or her to answer designated questions; (2) to produce any document or
other thing for inspection, copying, or photographing or to permit it to be done, or to permit entry
upon land or other property; and (3) or an order made requiring him or her to submit to a physical
or mental examination.
 The court may make such orders in regard to the refusal as are just, and among others the following:
1. order that the matters regarding which the questions were ask ed, or the character or
description of the thing or land, or the contents of the paper, or the physical or mental
condition of the party, or any other designated facts shall be taken to be established for the
purposes of the action in accordance with the claim of the party obtaining the order;
2. order (1) refusing to allow the disobedient party to support or oppose designated claims or
defenses or (2) prohibiting him or her from introducing in evidence designated documents
or things or items of testimony, or from introducing evidence of physical or mental
condition;
3. order (1) striking out pleadings or parts thereof, or staying further proceedings until the
order is obeyed, or (2) dismissing the action or proceeding or any part thereof, or (3)
rendering a judgment by default against the disobedient party; and
4. In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of
any party or agent of a party for disobeying any of such orders except an order to submit to
a physical or mental examination
 Expenses on refusal to admit - If a party after being served with a request under Rule 26 to admit
the genuineness of any document or the truth of any matter of fact, serves a sworn denial thereof
and if the party requesting the admissions thereafter proves the genuineness of such document or
the truth of any such matter of fact, he or she may apply to the court for an order requiring the
other party to pay him or her the reasonable expenses incurred in making such proof, including
[reasonable] attorney’s fees. Unless the court finds that there were good reasons for the denial or
that admissions sought were of no substantial importance, such order shall be issued.
 Failure of party to attend or serve answers - The court on motion and notice, may strike out all or
any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or
enter a judgment by default against that party, and in its discretion, order him or her to pay
reasonable expenses incurred by the other, including attorney’s fees.
 Expenses against the Republic of the Philippines. - Expenses and attorney’s fees are not to be
imposed upon the Republic of the Philippines under this Rule.
 REFUSAL TO ANSWER ANY QUESTION UPON ORAL EXAMINATION:
1. Order to compel an answer;
2. Contempt;
3. Require payment of reasonable fees incurred by the proponent;
4. Designated facts shall be taken to be established for the purposes of the action in
accordance with the claim of the party obtaining the order.
5. Dismiss the action or the proceeding;
6. Render a judgment by default against the disobedient party;
 7. Refuse to allow the disobedient party to support or oppose claims or defenses;
8. Strike out all or any part of the pleading of the disobedient party;
9. Stay further proceedings until order is obeyed; or 10. Order the arrest of the refusing party
 REFUSAL TO PRODUCE DOCUMENT OR THING FOR INSPECTION, COPYING OR PHOTOGRAPHING
1. Designated facts shall be taken to be established for the purposes of the action in
accordance with the claim of the party obtaining the order;
2. Refuse to allow the disobedient party to support or oppose claims or defenses;
3. Strike out all or any part of the pleading of the disobedient party;
4. Dismiss the action or the proceeding;
5. Render a judgment by default against the disobedient party;
6. Stay further proceedings until order is obeyed;
7. Render a judgment by default against the disobedient party; or
8. Order the arrest of the refusing party.
 REFUSAL TO SUBMIT TO PHYSICAL OR MENTAL EXAMINATION
1. Designated facts shall be taken to be established for the purposes of the action in
accordance with the claim of the party obtaining the order;
2. Prohibit the disobedient party to introduce evidence of physical and mental conditions;
3. Strike out all or any part of the pleading of the disobedient party;
4. Dismiss the action or the proceeding;
5. Render a judgment by default against the disobedient party;
6. Stay further proceedings until order is obeyed; or
7. Render a judgment by default against the disobedient party
 REFUSAL TO THE REQUEST FOR ADMISSION BY ADVERSE PARTY
1. Require payment of reasonable fees incurred by the proponent
2. Each of the matters of which an admission is requested is deemed admitted.
 The remedy of the party, in this case, is to file a motion to be relieved of the consequences of the
implied admission. The amendment of the complaint per se cannot set aside the legal effects of the
request for admission since its materiality has not been affected by the amendment.

P. Trial (Rule 30)

 Trial - Reception of evidence and other processes; period for the introduction of evidence by both parties.
 Hearing - embraces several stages of litigation, including pre-trial and determination of granting or denying
a motion; does not necessarily imply presentation of evidence in open court but the parties are afforded the
opportunity to be heard.

1. Schedule of Trial
 Schedule of trial - parties shall strictly observe the scheduled hearings as agreed upon and set forth
in the pre-trial order. Schedule of the trial dates, plaintiff and defendant shall be continuous and
within the following periods:
a. Presentation of plaintiff’s evidence shall be set not later than thirty (30) calendar days after
the termination of the pre-trial conference. Plaintiff shall be allowed to present its evidence
within a period of three (3) months or ninety (90) calendar days which shall include the date
of the judicial dispute resolution, if necessary;
b. Defendant’s evidence shall be set not later than thirty (30) calendar days after the court’s
ruling on plaintiff’s formal offer of evidence. The defendant shall be allowed to present its
evidence within a period of three (3) months or ninety (90) calendar days;
c. Period for the presentation of evidence on the third (fourth, etc.)-party claim, counterclaim
or cross-claim shall be determined by the court the total of which shall in no case exceed
ninety (90) calendar days;
 d. If deemed necessary, shall set the presentation of the parties respective rebuttal evidence,
which shall be completed within a period of thirty (30) calendar days
 Trial dates may be shortened depending on the number of witnesses to be presented, provided that
the presentation of evidence of all parties shall be terminated within a period of ten (10) months or
three hundred (300) calendar days. If there are no third (fourth, etc.)-party claim, counterclaim or
cross-claim, the presentation of evidence shall be terminated within a period of six (6) months or
one hundred eighty (180) calendar days.
 Court shall decide and serve copies of its decision to the parties within a period not exceeding
ninety (90) calendar days from the submission of the case for resolution, with or without
memoranda.
 Hearing days and calendar call - Monday to Thursday (8:30AM/2PM), Fridays (Motions). Schedule
posted outside courtroom 1 day before hearings.
 Order of trial - limited to the issues stated in the pre-trial order and shall proceed as follows:
a. plaintiff shall adduce evidence in support of his or her complaint;
b. defendant shall then adduce evidence in support of his or her defense, counterclaim, cross-
claim and third-party complaint;
c. third-party defendant, if any, shall adduce evidence of his or her defense, counterclaim,
cross-claim and fourth-party complaint;
d. parties against whom any counterclaim or cross-claim has been pleaded, shall adduce
evidence in support of their defense, in the order to be prescribed by the court
e. parties may then respectively adduce rebutting evidence only, unless the court, for good
reasons and in the furtherance of justice, permits them to adduce evidence upon their
original case; and
f. Upon admission of the evidence, the case shall be deemed submitted for decision, unless
the court directs the parties to argue or to submit their respective memoranda or any
further pleadings.
 If several defendants or third-party defendants, and so forth, having separate defenses appear by
different counsel, the court shall determine the relative order of presentation of their evidence
 Oral offer of exhibits - offer of evidence, the comment or objection thereto, and the court ruling
shall be made orally
 Agreed statement of facts - parties to any action may agree, in writing, upon the facts involved in
the litigation, and submit the case for judgment on the facts agreed upon, without the introduction
of evidence. If the parties agree only on some of the facts in issue, the trial shall be held as to the
disputed facts in such order as the court shall prescribe.
 Suspension of actions - governed by the provisions of the Civil Code and other laws
 Judge to receive evidence; delegation to clerk of court - Judge of the court where the case is
pending shall personally receive the evidence to be adduced by the parties.
 However, in default or ex parte hearings, and in any case where the 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 power to rule on objections to any question or to the admission of
exhibits, which objections shall be resolved by the court upon submission of his or her report and
the transcripts within ten (10) calendar days from termination of the hearing.
 Necessity of trial
 GR: Trial is necessary when an issue exists. Decisions should not be made without trial.
 XPN: There is no need for trial in the following cases:
1. Pleadings of the parties tender no issue at all, judgment on the pleadings
2. Pleadings, affidavits, depositions and other papers, there is actually no genuine issue,
3. Parties have entered into a compromise or an amicable settlement
4. complaint has been dismissed with prejudice
 5. parties agree in writing, upon the facts involved in the litigation, and submit the case for
judgment on the facts agreed upon, without the introduction of evidence. If, however, there
is no agreement as to all the facts in the case, trial may be held only as to the disputed facts
6. civil case falls under the operation of the Rules on Summary Procedure
7. case falls under the Rule on Small Claims
 Cases where the clerk of court gives preference in scheduling of cases – (1) Habeas corpus; (2)
Election cases; (3) Special civil actions; and (4) Those so required by law.

2. Adjournments and Postponements-

 Court may adjourn a trial from day to day, and to any stated time, as the expeditious and convenient
transaction of business may require
 Limitations on the authority to adjourn - no power to adjourn a trial for a longer period than one
[(1)] month for each adjournment, nor more than three [(3)] months in all, except when authorized
in writing by the Court Administrator, Supreme Court.
 The party who caused the postponement is warned that the presentation of its evidence must still
be terminated on the remaining dates previously agreed upon

3. Requisites of Motion to Postpone Trial for Illness of Party or Counsel

 Requisites of motion to postpone trial for absence of evidence. – Deleted
 Requisites of motion to postpone trial for illness of party or counsel - may be granted if it appears
(1) upon affidavit or sworn certification that the (a) presence of such party or counsel at the trial is
indispensable and (b) that the character of his or her illness is such as to render his or her non-
attendance excusable
 Grant or denial of motion for postponement is addressed to the sound discretion of the court, which
should always be predicated on the consideration that the ends of justice and fairness are served by
the grant or denial of the motion, two things must be borne in mind: (1) the reason for
postponement and (2) the merits of the case of the movant.
 Unless grave abuse of discretion is shown, such discretion will not be interfered with either
mandamus or appeal. Because it is a matter of privilege, not a right, a movant for postponement
should not assume beforehand that his motion will be granted. In the absence of any clear and
manifest grave abuse of discretion resulting in lack or in excess of jurisdiction, we cannot overturn
the decision of the court a quo.

Q. Consolidation or Severance (Rule 31)

 Consolidation – (1) actions involving a common question of law or fact are pending before the court, (2)
court may order joint hearing or trial of any or all the matters in issue in the actions; (3) order all the actions
consolidated;
 Involves several actions having a common question of law or fact which may be jointly tried
 Rationale on Consolidation - aid in deciding how cases in its docket are to be tried so that the business of
the court may be dispatched expeditiously and with economy while providing justice to the parties.
 Kinds of consolidation of cases
1. Quasi-consolidation - All, except one of several actions are stayed until one is tried, in which case
the judgment in one trial is conclusive as to the others.
2. Actual consolidation - Several actions are combined into one. Cases lose their identity and become
a single action in which a single judgment is rendered.
3. Consolidation for trial - Several actions are ordered to be tried together, but each retains its
separate character and requires the entry of a separate judgment
 Rule on consolidation of cases
 GR: Consolidation is discretionary upon the court to avoid multiplicity of suits, guard against oppression or
abuse, prevent delay, clear congested dockets, and simplify the work of the trial court and save unnecessary
costs and expenses.
 XPN: Consolidation becomes a matter of duty when:
(1) Two or more cases are pending before the same judge; or
(2) If cases are filed with the different branches of the same RTC and one of such case has not been
partially tried.
 Suspension of civil actions
(1) If willingness to discuss a possible compromise is expressed by one or both parties;
(2) If it appears that one of the parties, before the commencement of the action or proceeding,
offered to discuss a possible compromise but the other party refused the offer.
 The ejectment case involves possession de facto only. The action to enforce the option to purchase will not
suspend the action of ejectment for non-payment of rentals.
 Separate trials/ Severance - in furtherance of convenience or to avoid prejudice, may order a separate trial
of any claim, cross-claim, counterclaim, or third-party complaint, or of any separate issue or of any number
of claims, cross-claims, counterclaims, third-party complaints or issues.
 Contemplates a single action having a number of claims, counterclaims, crossclaims, third-party complaints,
or issues which may be separately tried.

R. Demurrer to Evidence (Rule 33)

1. Grounds
 Upon showing that upon the facts and the law, the plaintiff has shown no right to relief.
 The question in a demurrer to evidence is whether the plaintiff, by his evidence in chief, had been
able to establish a prima facie case. In a demurrer to evidence, however, it is premature to speak of
“preponderance of evidence” because it is filed prior to the defendant’s presentation of evidence.
Hence, what is crucial is the determination as to whether the plaintiff’s evidence entitles it to the
relief sought.

2. Effect of Order Denying Demurrer to Evidence

1. Defendant shall have the right to present his or her evidence.
2. Court shall set the date for the reception of the defendant’s evidence-inchief. It should not
proceed to grant the relief demanded by the plaintiff
3. Not appealable (Interlocutory) or petition for certiorari, prohibition or mandamus before
judgment.
 Effect of Grant - Case shall be dismissed.
 The plaintiff may file an appeal and if that appeal was granted (reversed the order of dismissal); the
defendant loses his right to present evidence.
 Upon appeal, the appellate court reversing the order granting the demurrer should not remand the
case to the trial court. Instead, it should render judgment based on the evidence submitted by the
plaintiff.
 Denial of a demurrer to evidence in an election case – cannot insist on the right to present
evidence. Provision of the Rules governing demurrer to evidence does not apply to an election case.
The Rules, under the express dictum in Sec. 4 of Rule 1 “shall not apply to election cases, land
registration, cadastral, naturalization and insolvency proceeding.

S. Judgments and Final Orders

1. Judgments on the Pleadings (Rule 34)
a) Grounds
 1. Answer fails to tender an issue because of:
a. General denial of the material allegations
b. Insufficient denial of the material allegations
2. Answer admits material allegations of the adverse party’s pleadings.
 The failure of the defendant to answer a request for admission results in an
implied admission of all the matters which an admission is requested.
 Instances when judgment on the pleadings is NOT applicable
1. declaration of nullity of marriage, annulment of marriage or for legal separation;
2. Unliquidated damages;
3. Insufficiency of fact – amendment is the remedy
b) Action on Motion for Judgment on the Pleadings
 Court may motu proprio or on motion render judgment on the pleadings if it is apparent
that the answer fails to tender an issue, or otherwise admits the material allegations of the
adverse party’s pleadings
 Any action of the court on a motion for judgment on the pleadings shall not be subject of
an appeal or petition for certiorari, prohibition or mandamus.
 Effect when the plaintiff moves for judgment on the pleadings and defendant interposes
no objection - deemed to have admitted the truth of the allegations of the complaint, so
that there is no longer any necessity for the plaintiff to submit evidence of his claims.
 Filed only by the plaintiff or the claimant.

2. Summary Judgments (Rule 35)

 Based on the pleadings, depositions, admissions, and affidavits
 Available to both plaintiff and defendant
 There is no genuine issue between the parties, i.e., there may be issues but these are irrelevant.
 May be interlocutory (i.e., partial summary judgments) or on the merits
 Even if the answer does not tender an issue, and therefore a judgment on the pleadings is not
proper, a summary judgment may still be rendered if the issues tendered are not genuine, are
shams, fictitious, contrived up, setup in bad faith, patently unsubstantial.
 Summary judgment for claimant - At any time after the pleading in answer thereto has been
served, move with supporting affidavits, depositions or admissions for a summary judgment in his or
her favor upon all or any part thereof.
 Summary judgment for defending party - at any time, move with supporting affidavits, depositions
or admissions for a summary judgment in his or her favor as to all or any part thereof.
 Requisites of Summary Judgment (2015 BAR)
 Motion and proceedings thereon - No notice to the adverse party is required. However, the adverse
party may file a comment and serve opposing affidavits, depositions, or admissions within a non-
extendible period of five (5) calendar days from receipt of motion
 Shall not be subject of an appeal or petition for certiorari, prohibition or mandamus
 Fictitious or Sham Issue - Trial may be dispensed with and a summary judgment rendered if the
case can be resolved judiciously by plain resort to the pleadings, affidavits, depositions, and other
papers filed by the parties
 Motion shall cite the supporting affidavits, depositions or admissions, and the specific law relied
upon.
 The remedy of summary judgment without a motion being filed is in derogation of a party's right to
a plenary trial of his case; the trial court cannot railroad the parties’ rights over their objections.
 Burden of demonstrating the absence of genuine issue of fact - party who moves for summary
judgment has the burden of demonstrating clearly that the issue posed in the complaint is patently
unsubstantial so as not to constitute a genuine issue for trial
 WHEN THE CASE NOT FULLY ADJUDICATED - judgment is not rendered upon the whole case or for
all the reliefs sought and a trial is necessary, the court may, by examining the pleadings and the
evidence before it and by interrogating counsel, ascertain what material facts exist without
substantial controversy, including the extent to which the amount of damages or other relief is not
in controversy, and direct such further proceedings in the action as are just.
 The facts so ascertained shall be deemed established, and the trial shall be conducted on the
controverted facts accordingly
 A partial summary judgment is not a final or appealable judgment.
a) Effect of Order Denying a Motion for Summary Judgment
 Proceed to trial and shall not be the subject of an appeal or petition for certiorari,
prohibition, or mandamus. However, the party aggrieved by the eventual summary
judgement is not proscribed to avail the remedies allowed by the rules.

3. Rendition and Entry of Judgments and Final Orders (Rule 36)

 Rendition - A judgment or final order determining the merits of the case
 shall be in writing
 personally, and directly prepared by the judge,
 stating clearly and distinctly the facts and the law on which it is based,
 signed by him, and filed with the clerk of the court
 the filing of the same with the clerk of court.
 still subject to amendment if it has not yet been filed with the clerk of court; and before its filing, it
does not yet constitute the real judgment of the court
 No requirement to state in its decision all the facts found in the records
 Promulgation - process by which a decision is published, officially announced, made known to the
public or delivered to the clerk of court for filing, coupled with notice to the parties or their counsel.
 In civil cases, a judgment is rendered, while in criminal cases and election cases, a judgment
is rendered and promulgated.
 A decision becomes binding only after it is validly promulgated. Consequently, if at the time
of the promulgation of a decision or resolution, a member of the collegiate court who had
earlier signed or registered his vote has vacated his office, his vote is automatically
withdrawn or cancelled
 Rendition of a judgment based on issues not raised –
 GR: A judgment going outside the issues and purporting to adjudicate something on which
the parties were not heard is invalid. Therefore, where a court enters a judgment or awards
relief beyond the prayer of the complaint or the scope of its allegations the excessive relief
is not merely irregular but is void for want of jurisdiction and is open to collateral attack
 XPN: Such issues were tried with the express or implied consent of the parties
 Person to decide a case –
 GR: judge who takes over this branch inherits all these cases and assumes full responsibility
for them. He may decide them as they are his cases.
 XPN: Any of the parties moves that his case be decided by the judge who substantially heard
the evidence and before whom the case was submitted for decision
 A decision penned by a judge after his retirement cannot be validly promulgated and cannot
acquire a binding effect. In like manner, a decision penned by a judge during his incumbency
cannot be validly promulgated after his retirement
 Judgment may be penned by a judge who did not hear the evidence
 When decision is binding on the parties - until and unless notice thereof is duly served on them by
any of the modes prescribed by law.
 The doctrine of law of the case - means that when an appellate court has once declared the law in a
case, its declaration continues to be the law of that case even on a subsequent appeal,
notwithstanding that the rule thus laid down may have been reversed in other cases.
 Defined as the opinion delivered on a former appeal. More specifically, it means that
whatever is once irrevocably established as the controlling legal rule or decision between
the same parties in the same case continues to be the law of the case, whether correct on
general principles or not, so long as the facts on which such decision was predicated
continue to be the facts of the case before the court
 It is "merely a rule of procedure and does not go to the power of the court and will not be
adhered to where its application will result in an unjust decision. It relates entirely to
questions of law and is confined in its operation to subsequent proceedings in the same
case
 does not apply to resolutions rendered in connection with the case wherein no rationale has
been expounded on the merits of that action.
 Principle of stare decisis et non quieta movere - a point of law, once established by the SC, will
generally be followed by the same court and by all courts of lower rank in subsequent cases
involving a similar legal issue. This proceeds from the legal principle that, in the absence of powerful
countervailing considerations, like cases ought to be decided alike.
 founded on the necessity for securing certainty and stability in the law and does not require
identity of or privity of parties.
 Interlocutory Order (2006 BAR) - order which decides some point or matter between the
commencement and end of the suit but is not the final decision on the whole controversy. It leaves
something to be done by the court before the case is finally decided on the merits
 Remedy to question an improvident interlocutory order - File a petition for certiorari under Rule
65. One cannot appeal an interlocutory order.
 Entry of judgments and final orders – It refers to the physical act performed by the clerk of court in
entering the dispositive portion of the judgment in the book of entries of judgment and after the
same has become final and executory. The record shall contain the dispositive portion of the
judgment or final order and shall be signed by the clerk of court, with a certificate by said clerk that
the judgment has already become final and executor
 When entered: If no appeal or motion for new trial or reconsideration is filed,
 entered by the clerk in the book of entries of judgments.
 Date of finality of the judgment or final order shall be deemed to be the date of its entry.
 record shall contain the dispositive part of the judgment or final order and
 shall be signed by the clerk, with a certificate that such judgment or final order has become
final and executory
 There are some proceedings the filing of which is reckoned from the date of the entry of
judgment:
 execution of a judgment by motion is within 5 years from the entry of the judgment
 filing of a petition for relief must be filed not more than 60 days from knowledge of the
judgment and not more than 6 months from the entry of the judgment or final order.

 Finality of judgment
 lapse of the reglementary period to appeal, with no appeal perfected within such period,
the decision becomes final and executory
 lapse of the reglementary period to file an MR, decision rendered by the SC becomes final
and executory.
 A transferee pendente lite of registered land, whose title bears a notice of a pending litigation
involving his transferor’s title to the said land, is bound by the outcome of the litigation, whether it
be for or against his transferor. Given this principle, the modification of the final decision against the
transferor in order to include the transferee pendente lite does not violate the doctrine of
immutability of final judgments. His inclusion does not add to or change the judgment; it is only a
legal consequence of the established doctrine that a final judgment binds the privy of a litigating
party.
 AMENDED OR CLARIFIED JUDGMENT - an entirely new decision and supersedes the original
judgment
 Court makes a thorough study of the original judgment and renders the amended and clarified
judgment only after considering all the factual and legal issues
 Effect of amendment of judgment - date of the amendment should be considered as the date of the
decision for the computation of the period to perfect the appeal.
 Collateral attack on a judgment - validity of a judgment or order of a court cannot be collaterally
attacked.
 XPNs: It may be attacked collaterally on the following grounds: 1. Lack of jurisdiction; or 2. The
irregularity of its entry is apparent from the face of the record
 SUPPLEMENTAL DECISION - Does not take the place of or extinguish the original judgment.
 Serves to bolster or add to the original judgment.
 Effect of void judgments (Doctrine of Total Nullity) - A void judgment is in legal effect no judgment.
By it no rights are divested, no rights can be obtained.
 Being worthless in itself, all proceeding founded upon it are equally worthless. It neither binds nor
bars anyone. All acts performed under it and all claims flowing out of it are void.
 Effect of a judgment or final order of a tribunal of a foreign country having jurisdiction to render
the judgment or final order (2007 BAR)
 1. If the judgment is on a specific thing, the judgment is conclusive upon the title to the
thing; and
 2. If the judgment is against a person, the judgment is presumptive evidence of a right as
between the parties and their successor in interest by a subsequent title.
 Grounds in assailing the judgment or final order of a foreign country (2007 BAR)
 1. Evidence of want of jurisdiction;
 2. Want of notice to the party;
 3. Collusion;
 4. Fraud; or
 5. Clear mistake of fact or law
 Judgment for or against one or more of several parties - given for or against one or more of several
plaintiffs, and for or against one or more of several defendants. When justice so demands, the court
may require the parties on each side to file adversary pleadings as between themselves and
determine their ultimate rights and obligations
 Several judgments - action against several defendants, the court may, when a several judgment is
proper, render judgment against one or more of them, leaving the action to proceed against the
others
 Separate judgments - more than one claim for relief is presented in an action, the court, at any
stage, upon a determination of the issues material to a particular claim and all counterclaims arising
out of the transaction or occurrence which is the subject matter of the claim, may render a separate
judgment disposing of such claim
 judgment shall terminate the action with respect to the claim so disposed of and the action shall
proceed as to the remaining claims
  court by order may stay its enforcement until the rendition of a subsequent judgment or judgments
and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in
whose favor the judgment is rendered
 Judgment against entity without juridical personality - judgment shall set out their individual or
proper names, if known

T. Post-Judgment Remedies
1. Motion for New Trial or Reconsideration (Rule 37)
 Motion for New Trial – Period to file an appeal (15 days):
 (a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not
have guarded against and by reason of which such aggrieved party has probably been
impaired in his rights; or
 (b) Newly discovered evidence, which he could not, with reasonable diligence, have
discovered and produced at the trial, and which if presented would probably alter the
result. (need NOT be newly created evidence)
 Requisites (Berry Rule):
 1. The evidence was discovered after trial;
 2. Such evidence could not have been discovered and produced at the trial with
reasonable diligence; and
 3. Such evidence is material, not merely cumulative, corroborative or impeaching,
and is of such weight that if admitted would probably change the judgment
 Requisites (Mandatory)
 in writing, stating the ground or grounds therefore, a written notice of which shall be served
by the movant on the adverse party
 Affidavit of merit setting forth the particular facts claimed to constitute a meritorious cause
of action in case the ground relied upon is (F-A-M-E);
 In case of newly discovered evidence: a. Affidavit of new witness; and b. Duly authenticated
documents to be introduced.
 Limitations - Second motion may be allowed so long as based on grounds not existing or available at
the time the first motion was mad.
 This is one instance wherein the Court of Appeals can act as a trial court.
 Motion for Reconsideration - Period to file an appeal (15 days):
 that the damages awarded are excessive, that the
 evidence is insufficient to justify the decision or final order, or that the
 decision or final order is contrary to law
 Requisites
 in writing, stating the ground or grounds therefore, a written notice of which shall be served
by the movant on the adverse party
 point out specifically the conclusion of judgment;
 Express reference to testimonial or documentary evidence or to provisions of law.
 MR/MNT: If denied, the remedy is to appeal from the judgment or final order.
 Resolution: Both must be resolved within 30 days from the time it is submitted for resolution
 Rule under Summery Procedure and Small Claims - Both are prohibited motions under Summary
Procedure and Small Claims
 When partial reconsideration allowed - affects the issues of the case as to only a part, or less than
all of the matters in controversy, or only one, or less than all, of the parties to it, the order may grant
a reconsideration as to such issues if severable without interfering with the judgment or final order
upon the rest
 Pro forma motion - one which does not satisfy the requirements of the rules and one which will be
treated as a motion intended to delay the proceedings, shall not toll the reglementary period of
appeal.
A Motion for Reconsideration is not a pro forma motion just because it reiterated arguments earlier
passed upon and rejected by the appellate court. A movant may raise the same arguments precisely
to convince the court that the ruling was erroneous
 Effect if a MR is granted - court may amend such judgment or final order accordingly. Amended
judgment is in the nature of a new judgment which supersedes the original judgment and is not a
mere supplemental decision.
 Effect if the MNT is granted - original judgment shall be vacated or set aside, and the action shall
stand for trial de novo; recorded evidence taken upon the former trial so far as the same is material
and competent to establish the issues, shall be used at the new trial without retaking the same
 Effect of an order reversing the grant of a new trial - original judgment shall be deemed as having
been repromulgated
 Remedy against order denying a motion for new trial or reconsideration. - An order denying a
motion for new trial or reconsideration is not appealable, the remedy being an appeal from the
judgment or final order.
 1. Before a judgment becomes final and executory,
 a. Motion for Reconsideration;
 b. Motion for New Trial; and
 c. Appeal
 2. After the judgment becomes executory,
 a. Petition for relief from judgment;
 b. Action to annul judgment;
 c. Certiorari; and
 d. Collateral attack of a judgment.

a) Remedy Against Denial

 Remedy is an appeal from the judgement or final order. An order denying a motion for new
trial or reconsideration is not appealable.
 Include such denial in the assignment of errors of the appeal from the judgment or final
order

b) Fresh-Period Rule
 fresh period of 15 days within which to file the notice of appeal, counted from the receipt of
the order dismissing a motion for new trial or motion for reconsideration
 Fresh period rule applies to criminal cases –
 Fresh period rule does NOT apply to administrative cases - applies only to judicial appeals
and proceedings
 Retroactive application of the Fresh Period Rule - fresh period rule may be applied
retroactively to cases where the period for appeal had lapsed prior to 14 September 2005

2. Appeals
a) Nature of Right to Appeal
 Elevation by an aggrieved party of any decision, order or award of a lower body to a higher
body, by means of a document which includes the assignment of errors, memorandum of
arguments in support thereof, and the reliefs prayed for.
 Appeal not a Constitutional Right - mere statutory privilege that has to be exercised only in
the manner and in accordance with the provisions of law.
 Basic Guidelines Regarding Appeal
1. GR: No trial de novo (starting from the beginning) shall be made. The appellate
courts must decide the case on the basis of the record.
XPNs:
a. When the proceedings were not duly recorded as when there was absence
of a qualified stenographer;
b. Instances when the CA may act as a trial court
2. No new parties;
3. No change of theory
4. No new matters
5. The amendment of pleadings allowed to conform to the evidence submitted before
the trial court
6. The liability of solidarity defendant who did not appeal is not affected by appeal of
solidarity debtor
7. Appeal by guarantor does not inure to the principal
8. In ejectment cases, the RTC cannot award to the appellant on his counterclaim
more than the amount of damages beyond the jurisdiction of the MTC
9. The appellate court cannot dismiss the appealed case for failure to prosecute
because the case must be decided on the basis of the record
 Appeal is a speedy remedy, as an adverse party can file its appeal from a final decision or
order immediately after receiving it. A party, who is alleging that an appeal will not promptly
relieve it of the injurious effects of the judgment, should establish facts to show how the
appeal is not speedy or adequate

b) Judgments and Final Orders Subject to Appeal

 Subject of appeal - appeal may be taken from a judgment or final order that completely
disposes of the case, or of a particular matter therein when declared by these Rules to be
appealable.
 No appeal may be taken from:
(a) An order denying a petition for relief or any similar motion seeking relief from
judgement;
(b) An interlocutory order;
(c) An order disallowing or dismissing an appeal;
(d) An order denying a motion to set aside a judgment by consent, confession or
compromise on the ground of fraud, mistake or duress, or any other ground vitiating
consent;
(e) An order of execution;
(f) A judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third-party complaints, while the
main case is pending, unless the court allows an appeal therefrom; and
(g) An order dismissing an action without prejudice.
 In any of the foregoing circumstances, the aggrieved party may file an appropriate special
civil action as provided in Rule 65
 Modes of appeal.
(a) Ordinary appeal – appeal to the Court of Appeals in cases decided by the Regional
Trial Court in the exercise of its original jurisdiction, by filing a notice of appeal with
the court which rendered the judgment or final order appealed from and serving a
copy thereof upon the adverse party. No record on appeal shall be required except in
 special proceedings and other cases of multiple or separate appeals, the record on
appeal shall be filed and served in like manner. (Rule 41)
(b) Petition for review - appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for
review in accordance with Rule 42
(c) Appeal by certiorari. - In all cases where only questions of law are raised or
involved, the appeal shall be to the Supreme Court by petition for review on certiorari
in accordance with Rule 45
 Period of ordinary appeal; appeal in habeas corpus cases - taken within fifteen (15) days
from notice of the judgment or final order appealed from.
 Where a record on appeal is required, the appellants shall file a notice of appeal and a
record on appeal within thirty (30) days from notice of the judgment or final order
cases
 shall be taken within forty-eight (48) hours from notice of the judgment or final order
appealed from
 period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No
motion for extension of time to file a motion for new trial or reconsideration shall be
allowed.
 Appellate court docket and other lawful fees - appellant shall pay to the clerk of the court
which rendered the judgment or final order appealed from, the full amount of the appellate
court dock et and other lawful fees. Proof of payment of said fees shall be transmitted to the
appellate court together with the original record or the record on appeal.
 Notice of appeal - indicate the parties to the appeal, specify the judgment or final order or
part thereof appealed from, specify the court to which the appeal is being taken, and state
the material dates showing the timeliness of the appeal
 Record on appeal; form and contents thereof - full names of all the parties to the
proceedings shall be stated in the caption of the record on appeal and it shall include the
judgment or final order from which the appeal is taken and, in chronological order, copies of
only such pleadings, petitions, motions and all interlocutory orders as are related to the
appealed judgment or final order for the proper understanding of the issue involved,
together with such data as will show that the appeal was perfected on time. If an issue of
fact is to be raised on appeal, the record on appeal shall include by reference all the
evidence, testimonial and documentary, taken upon the issue involved. The reference shall
specify the documentary evidence by the exhibit numbers or letters by which it was
identified when admitted or offered at the hearing, and the testimonial evidence by the
names of the corresponding witnesses. If the whole testimonial and documentary evidence
in the case is to be included, a statement to that effect will be sufficient without mentioning
the names of the witnesses or the numbers or letters of exhibits. Every record on appeal
exceeding twenty (20) pages must contain a subject index.
 Approval of record on appeal - Upon the filing of the record on appeal for approval and if
no objection is filed by the appellee within five (5) days from receipt of a copy thereof
 the trial court may approve it as presented or upon its own motion or at the instance of the
appellee, may direct its amendment by the inclusion of any omitted matters which are
deemed essential to the determination of the issue of law or fact involved in the appeal
 If the trial court orders the amendment of the record, the appellant, within the time limited
in the order, or such extension thereof as may be granted, or if no time is fixed by the order
within ten (10) days from receipt thereof
 shall redraft the record by including therein, in their proper chronological sequence, such
additional matters as the court may have directed him to incorporate, and shall thereupon
 submit the redrafted record for approval, upon notice to the appellee, in like manner as the
original draft
 Joint record on appeal - both parties are appellants, they may file a joint record on appeal
 Perfection of appeal; effect thereof - A party’s appeal by notice of appeal is deemed
perfected as to him, upon the filing of the notice of appeal in due time.
 party’s appeal by record on appeal is deemed perfected as to him, with respect to the
subject matter thereof, upon the approval of the record on appeal filed in due time
 appeals by notice of appeal, the court loses jurisdiction over the case upon the
perfection of the appeals filed in due time and the expiration of the time to appeal of
the other parties.
 appeals by record on appeal, the court loses jurisdiction only over the subject matter
thereof, upon the approval of the records on appeal filed in due time and the expiration
of the time to appeal of the other parties.
 In either case, prior to the transmittal of the original record or the record on appeal, the
court may issue orders for the protection and preservation of the rights of the parties which
do not involve any matter litigated by the appeal, approve compromises, permit appeals of
indigent litigants, order execution pending appeal and allow withdrawal of the appeal.
 Duty of clerk of court of the lower court upon perfection of appeal - Within thirty (30) days
after perfection of all the appeals in accordance with the preceding section, it shall be the
duty of the clerk of court of the lower court:
 (a) To verify the correctness of the original record or the record on appeal, as the case
may be, and to make a certification of its correctness;
 (b) To verify the completeness of the records that will be transmitted to the appellate
court;
 (c) If found to be incomplete, to take such measures as may be required to complete
the records, availing of the authority that he or the court may exercise for this purpose;
and
 (d) To transmit the records to the appellate court
 If the efforts to complete the records fail, he shall indicate in his letter of transmittal the
exhibits or transcripts not included in the records being transmitted to the appellate court,
the reasons for their non-transmittal, and the steps taken or that could be taken to have
them available.
 The clerk of court shall furnish the parties with copies of his letter of transmittal of the
records to the appellate court
 Transcript - Upon the perfection of the appeal, the clerk shall immediately direct the
stenographers concerned to attach to the record of the case five (5) copies of the transcripts
of the testimonial evidence referred to in the record on appeal.
 stenographers concerned shall transcribe such testimonial evidence and shall prepare and
affix to their transcripts an index containing the names of the witnesses and the pages
wherein their testimonies are found and a list of the exhibits and the pages wherein each of
them appears to have been offered and admitted or rejected by the trial court
 transcripts shall be transmitted to the clerk of the trial court who shall thereupon arrange
the same in the order in which the witnesses testified at the trial, and shall cause the pages
to be numbered consecutively.
 Transmittal - clerk of the trial court shall transmit to the appellate court the original record
or the approved record on appeal within thirty (30) days from the perfection of the appeal,
together with the proof of payment of the appellate court docket and other lawful fees
 a certified true copy of the minutes of the proceedings, the order of approval, the certificate
of correctness, the original documentary evidence referred to therein
 and the original and three (3) copies of the transcripts. Copies of the transcripts and
certified true copies of the documentary evidence shall remain in the lower court for the
examination of the parties
 Dismissal of appeal - Prior to the transmittal of the original record or the record on appeal
to the appellate court, the trial court may, motu proprio or on motion, dismiss the appeal
for having been taken out of time or for non-payment of the docket and other lawful fees
within the reglementary period.
 Examples of a particular matter in a judgement or final order that does not completely
dispose of a case but are declared by the Rules of Civil Procedure to be appealable
 a. Order of expropriation
 b. Order of partition
 c. Order allowing or disallowing a will

c) Matters Not Appealable; Available Remedies

1. Order denying a petition for relief or any similar motion seeking relief from judgment;
2. Interlocutory order;
3. Order disallowing or dismissing an appeal;
4. Order denying a motion to set aside a judgment by consent, confession or compromise on
the ground of fraud, mistake or duress, or any other ground vitiating consent;
5. Order of execution;
6. Judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, cross-claims and third-party complaints, while the main case is pending,
unless the court allows an appeal therefrom;
7. Order dismissing an action without prejudice (Sec. 1, Rule 41, ROC, as amended); and
8. A judgment based on compromise.
 An order denying a motion for new trial or a motion for reconsideration is no longer
appealable as it is no longer part of the enumeration
 Remedy against Judgment and Orders which are not Appealable - special civil action under
Rule 65.

d) Doctrine of Finality/Immutability of Judgment

 GR: a decision that has acquired finality becomes immutable and unalterable, and may no
longer be modified in any respect, even if the modification is meant to correct erroneous
conclusions of fact and law, and whether it be made by the court that rendered it or by the
Highest Court of the land.
 XPNs: This doctrine admits certain exceptions, these are:
1. Correction of clerical errors;
2. The so-called nunc protunc (act previously done by the court which has been omitted)
entries which cause no prejudice to any party;
3. Void judgments; and
4. circumstances transpire after the finality of the decision rendering its execution unjust
and inequitable.

e) Modes of Appeal (Period, Perfection, Issues to be Raised)

 a. Ordinary Appeal under Rule 41; This presupposes that the RTC rendered the
judgment or final order in the civil action or special proceeding in the exercise of its
original jurisdiction and appeal is taken to the CA on questions of fact or mixed questions
of fact and law. The appeal is taken by notice of appeal or by record on appeal.
 NOTE: An appeal on pure questions of law cannot be taken to the CA and such improper
appeal will be dismissed pursuant to Sec. 2, Rule 50.
 b. Petition for Review under Rule 42; The questioned judgment or final order was
rendered by RTC in the exercise of its appellate jurisdiction over a judgment or final order
in a civil action or special proceeding originally commenced in and decided by a lower
court. The appeal is taken by a petition for review filed with CA on questions of facts, of
law or on mixed questions of fact and law.
 c. Appeal by certiorari under Rule 45. Taken to the SC only on questions of law from a
judgment or final order rendered in a civil action or special proceeding by RTC in the
exercise of its original jurisdiction. The appeal is taken by filing a petition for review on
certiorari with the SC.

(1) Appeal from Municipal Trial Courts to Regional Trial Courts (Rule 40)
 Issues - Questions of fact or mixed questions of law and fact.
 Where to appeal - taken to the Regional Trial Court, title of the case shall remain as
it was in the court of origin, party appealing the case shall be further referred to as
the appellant and the adverse party as the appellee
 When to appeal – within 15 days after notice; where a record on appeal is required,
within 30 days
 How to appeal - filing a notice of appeal with the court that rendered the judgment,
indicate the parties to the appeal, the judgment or final order or part thereof
appealed from, and state the material dates showing the timeliness of the appeal.
 Record on appeal shall be required only in special proceedings and in other cases of
multiple or separate appeals
 Copies of the notice of appeal, and the record on appeal where required, shall be
served on the adverse party.
 Perfection of appeal; effect thereof - perfection of the appeal and the effect thereof
shall be governed by the provisions of section 9, Rule 41
 Appellate court docket and other lawful fees - Within the period for taking an
appeal, the appellant shall pay to the clerk of the court which rendered the
judgment or final order appealed from the full amount of the appellate court docket
and other lawful fees
 Proof of payment thereof shall be transmitted to the appellate court together with
the original record or the record on appeal.
 Duty of the clerk of court - Within fifteen (15) days from the perfection of the
appeal, transmit the original record or the record on appeal, together with the
transcripts and exhibits, which he shall certify as complete, to the proper Regional
Trial Court.
 A copy of his letter of transmittal of the records to the appellate court shall be
furnished the parties

 Procedure in the Regional Trial Court –

 (a) Upon receipt of the complete record or the record on appeal, the clerk of
court of the Regional Trial Court shall notify the parties of such fact
 (b) Within fifteen (15) days from such notice, it shall be the duty of the
appellant to submit a memorandum which shall briefly discuss the errors
imputed to the lower court, a copy of which shall be furnished by him to the
adverse party.
  Within fifteen (15) days from receipt of the appellants memorandum, the
appellee may file his memorandum.
 Within fifteen (15) days from receipt of the appellants memorandum, the
appellee may file his memorandum.
 (c) Upon the filing of the memorandum of the appellee or the expiration of the
period to do so, the case shall be considered submitted for decision. The
Regional Trial Court shall decide the case on the basis of the entire record of
the proceedings had in the court of origin and such memoranda as are filed
 Appeal from orders dismissing case without trial; lack of jurisdiction - If an appeal
is taken from an order of the lower court dismissing the case without a trial on the
merits, the Regional Trial Court may affirm or reverse it, as the case may be.
 In case of affirmance and the ground of dismissal is lack of jurisdiction over the
subject matter, the Regional Trial Court, if it has jurisdiction thereover, shall try the
case on the merits as if the case was originally filed with it. In case of reversal, the
case shall be remanded for further proceedings
 If the case was tried on the merits by the lower court without jurisdiction over the
subject matter, the Regional Trial Court on appeal shall not dismiss the case if it has
original jurisdiction thereof, but shall decide the case in accordance with the
preceding section, without prejudice to the admission of amended pleadings and
additional evidence in the interest of justice.
 Applicability of Rule 41. - The other provisions of Rule 41 shall apply to appeals
provided for herein insofar as they are not inconsistent with or may serve to
supplement the provisions of this Rule.

(2) Appeal from the Regional Trial Courts (Rule 41)

 Issues: Questions of fact or law that have been raised in the court appealed from
and which are within the issues framed by the parties.
 Title of the case when Appealed to the CA under Rule 41 - remain as it was in the
court of origin but the party appealing the case shall be referred to as the appellant
and the adverse party appellee.
 Appellant to file with the court within 45 days from receipt of the notice of the clerk
that all the evidence, oral and documentary, are attached to the record, 7 copies of
his legibly typewritten, mimeographed or printed brief, with proof of service of 2
copies thereof upon the appellee.
 Within 45 days from receipt of appellant’s brief, the appellee shall file with the court
7 copies of his legibly typewritten, mimeographed or printed brief, with proof of
service of 2 copies thereof upon the appellant
 Purpose of an Appellant’s/Appellee’s Brief - present to the court in a concise form
the points and question in controversy, and by fair argument on the facts and law of
the case, to assist the court in arriving at a just and proper conclusion/decision
 Extensions of time for the filing of briefs will not be allowed except for good and
sufficient cause and only if the motion for extension is filed before the expiration of
the time sought to be extended.
 Litigant’s failure to furnish his opponent with a copy of his appeal brief does not
suffice to warrant dismissal of that appeal
 Brief
 As to applicability - Ordinary Appeals.
 As to Period of Filing - within 45 days from receipt of notice. The Appellant’s
Reply Brief is filed within 20 days from receipt of appellee’s brief.
  As to their Contents: Contents specified by Rules (Secs. 14-15, Rule 44, ROC, as
amended)
 Memorandum
 As to applicability - Certiorari, prohibition, mandamus, quo warranto and
habeas corpus cases.
 As to Period of Filing - within 30 days from receipt
 As to their Contents: Shorter, briefer, and with only one issue involved. There is
no subject index or assignment of errors, facts and applicable laws.
 Sec. 3, Rule 41 states the ff period to file an appeal:
 (a) 48 hours for habeas corpus;
 (b) 15 days if only a notice of appeal is required; and
 (c) 30 days if a record on appeal is required.
 Should the notice of appeal and record on appeal be filed simultaneously? - No, it
is not necessary to be filed simultaneously. While it is not necessary that a notice of
appeal and a record on appeal be filed simultaneously, the rule is unequivocal that
the notice of appeal and record of appeal shall be filed w/in 30 days from notice of
judgement or final order

(3) Petition for Review from the Regional Trial Court to the Court of Appeals (Rule 42)
1. A party aggrieved by the decision of RTC in the exercise of its appellate
jurisdiction, may file a verified petition for review with the CA;
2. At the same time, paying to the clerk of said court the corresponding docket
and other lawful fees, depositing the amount of Php500.00 for costs, and furnishing
the RTC and the adverse party with a copy of the petition;
3. The petition shall be filed and served within 15 days from notice of the
decision sought to be reviewed or of the denial of petitioner’s MNT or MR filed in
due time after judgment;
4. Upon proper motion and the payment of the full amount of the docket and
other lawful fees and the deposit for costs before the expiration of the reglementary
period, the CA may grant an additional period of 15 days only within which to file
the petition for review;
5. No further extension shall be granted except for the most compelling reason
and in no case to exceed 15 days
 Contents of the Petition for Review - The petition shall be filed in 7 legible copies,
with the original copy intended for the court being indicated as such by the
petitioner, and shall:
1. State the full names of the parties to the case, without impleading the lower
courts or judges thereof either as petitioners or respondents;
2. Indicate the specific material dates showing that it was filed on time;
3. Set forth concisely a statement of the matters involved, the issues raised, the
specification of errors of fact or law, or both, allegedly committed by the Regional
Trial Court, and the reasons or arguments relied upon for the allowance of the
appeal;
4. Must be accompanied by clearly legible duplicate originals or true copies of
the judgments or final orders of both lower courts, certified correct by the clerk of
court of the Regional Trial Court, the requisite number of plain copies thereof and of
the pleadings and other material portions of the record as would support the
allegations of the petition; and
5. There must be a certification against forum shopping
 Effect of Failure to comply with the Requirements - petition shall be sufficient
ground for the dismissal thereof
 Petition for Review NOT a Matter of Right - but discretionary on the CA. May only
be given due course if it shows on its face that the lower court has committed an
error of fact and/or law that will warrant a reversal or modification of the decision
or judgment sought to be reviewed or dismiss the petition if it finds that it is:
1. Patently without merit;
2. Prosecuted manifestly for delay; or
3. The questions raised therein are too unsubstantial to require consideration.
 Actions the CA may take in acting upon the Petition
1. The respondent may be required to file a comment on the petition, not a
motion to dismiss, within 10 days from notice; or
2. The petition may be dismissed if the CA finds the same to be patently without
merit, prosecuted manifestly for delay, or that the questions raised therein are
too unsubstantial to require consideration.
 Contents of Comment on the Petition
1. State whether or not he accepts the statement of matters involved in the
petition;
2. Point out the insufficiencies or inaccuracies in petitioner’s statement of facts
and issues; and
3. State the reasons why the petition should be denied or dismissed
 Doctrine of Residual Jurisdiction applicable to Appeals under Rule 42 - must be
exercised before the CA gives due course to the petition.
 Effect of an Appeal of the Judgment or Final Order under Rule 42 - Except in civil
cases decided under the Rule on Summary Procedure; shall stay the judgment or
final order; unless the CA, the law or the rules shall provide otherwise.
 Grounds for Dismissal of an Appeal by the CA
1. Failure of the record on appeal to show on its face that the appeal was taken
within the period fixed by the Rules;
2. Failure to file the notice of appeal or the record on appeal within the period
prescribed by the Rules;
3. Failure of the appellant to pay the docket and other lawful fees
4. Unauthorized alterations, omissions or additions in the approved record on
appeal
5. Failure of the appellant to serve and file the required number of copies of his
brief or memorandum within the time provided
6. Absence of specific assignment of errors in the appellant’s brief,
7. Failure of the appellant to take the necessary steps for the correction or
completion of the record within the time limited by the court in its order;
8. Failure of the appellant to appear at the preliminary conference under Rule 48
or to comply with orders, circulars, or directives of the court without justifiable
cause; and
9. The fact that the order or judgment appealed from is not appealable.
 Grounds are discretionary upon the appellate court; only directory and not
mandatory.
 Petition is given due course, set the case for oral argument or require the parties to
submit memoranda within a period of 15 days from notice. Case shall be deemed
submitted for decision upon the filing of the last pleading or memorandum required
by these Rules or by the court itself.
 Appeals from Quasi-judicial bodies NOT included under Rule 45
 Issues: Questions of facts, questions of law, or mixed questions of fact or law.

(4) Appeals from the Court of Tax Appeals, Civil Service Commission, and Quasi-
Judicial Agencies (Rule 43)
 Filing of petition with Supreme Court - file with the Supreme Court a verified
petition for review on certiorari;
 petition may include an application for a writ of preliminary injunction or other
provisional remedies and shall raise only questions of law which must be distinctly
set forth;
 petitioner may seek the same provisional remedies by verified motion filed in the
same action or proceeding at any time during its pendency
 Time for filing; extension - within fifteen (15) days from notice of the judgment; or
of the denial of the petitioners motion for new trial or reconsideration;
 On motion duly filed and served, with full payment of the docket and other lawful
fees and the deposit for costs before the expiration of the reglementary period,
 the Supreme Court may for justifiable reasons grant an extension of thirty (30) days
only within which to file the petition.
 Docket and other lawful fees; proof of service of petition - petitioner shall pay the
corresponding docket and other lawful fees to the clerk of court of the Supreme
Court and deposit the amount of P500.00 for costs at the time of the filing of the
petition. Proof of service of a copy thereof on the lower court concerned and on the
adverse party shall be submitted together with the petition
 Contents of petition - filed in eighteen (18) copies; original copy intended for the
court being indicated as such by the petitioner;
 (a) state the full name of the appealing party as the petitioner and the adverse
party as respondent, without impleading the lower courts or judges thereof
either as petitioners or respondents;
 (b) indicate the material dates showing when notice of the judgment or final
order or resolution subject thereof was received, when a motion for new trial
or reconsideration, if any, was filed and when notice of the denial thereof was
received
 (c) set forth concisely a statement of the matters involved, and the reasons or
arguments relied on for the allowance of the petition;
 (d) be accompanied by a clearly legible duplicate original, or a certified true
copy of the judgment or final order or resolution certified by the clerk of court
of the court a quo and the requisite number of plain copies thereof, and such
material portions of the record as would support the petition; and
 (e) contain a sworn certification against forum shopping
 Dismissal or denial of petition - failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the dock et and other lawful fees,
deposit for costs, proof of service of the petition, and the contents of and the
documents which should accompany the petition shall be sufficient ground for the
dismissal thereof.
 Court may on its own initiative deny the petition on the ground that the appeal is
without merit, or is prosecuted manifestly for delay, or that the questions raised
therein are too unsubstantial to require consideration
 Review discretionary - review is not a matter of right, but of sound judicial
discretion, and will be granted only when there are special and important reasons
therefor.
 (a) When the court a quo has decided a question of substance, not theretofore
determined by the Supreme Court, or has decided it in a way probably not in accord
with law or with the applicable decisions of the Supreme Court;
 (b) When the court a quo has so far departed from the accepted and usual course of
judicial proceedings, or so far sanctioned such departure by a lower court, as to call
for an exercise of the power of supervision
 Pleadings and documents that may be required; sanctions. - Court may require or
allow the filing of such pleadings, briefs, memoranda or documents as it may deem
necessary within such periods and under such conditions as it may consider
appropriate, and impose the corresponding sanctions in case of non-filing or
unauthorized filing of such pleadings and documents or non-compliance with the
conditions therefor
 Due course; elevation of records - Court may require the elevation of the complete
record of the case or specified parts thereof within fifteen (15) days from notice
 Rule applicable to both civil and criminal cases. - except in criminal cases where the
penalty imposed is death, reclusion perpetua or life imprisonment.
 Review by SC on the findings of fact of the CA
 GR: CA’s findings of fact are final and conclusive and cannot be reviewed on appeal
to the SC
 XPNs:
 1. The conclusion of the CA is grounded entirely on speculations, surmises and
conjectures;
 2. The inference made is manifestly mistaken, absurd or impossible;
 3. There is grave abuse of discretion;
 4. The judgment is based on misapprehension of facts;
 5. The findings of facts are conflicting;
 6. The CA in making its findings went beyond the issues of the case and the
same is contrary to the admissions of both appellant and appellee;
 7. The findings are contrary to those of the trial court;
 8. The findings of facts are conclusions without citation of specific evidence on
which they are based;
 9. The facts set forth in the petition as well as in the petitioner’s main and reply
briefs are not disputed by the respondents;
 10. The findings of fact of the CA are premised on the supposed absence of
evidence and contradicted by the evidence on record; or
 11. Those filed under Writs of amparo, habeas data, or kalikasan.

 Instances where the CA may act as a trial court (2008 BAR)

 1. In annulment of judgment; CA find prima facie merit in the petition, the
same shall be given due course and summons shall be served on the
respondent, after which trial will follow, where the procedure in ordinary civil
cases shall be observed;
 2. When a motion for new trial is granted by the CA, the procedure in the new
trial shall be the same as that granted by a RTC
 3. A petition for habeas corpus shall be set for hearing
 4. In petition for writs of amparo and habeas data, a hearing can be conducted;
  5. Rules of Criminal Procedure, the CA has the power to try cases and conduct
hearings, receive evidence and perform any and all acts necessary to resolve
factual issues which fall within its original and appellate jurisdiction;
 6. The CA can grant a new trial based on the ground of newlydiscovered
evidence
 7. whenever necessary to resolve factual issues, may conduct hearing thereon
or delegate the reception of the evidence of such issues to any of its members
or to an appropriate agency or office; and
 8. Human Security Act.
 Appeal under Rule 45 NOT a Matter of Right - but of sound judicial discretion with
the exception of cases where the penalty of death, or reclusion perpetua where the
appeal is a matter of right leaving the reviewing court without any discretion
 The following reasons may be considered in allowing the petition:
 1. When the court below has decided a question of substance not yet
determined by the SC;
 2. When the court below decided a question of substance in a way that is
probably not in accord with the law or with the applicable decisions of the SC;
or
 3. When the court below has departed from the accepted and usual course of
judicial proceedings or so far sanctioned such a departure by a lower court, as
to call for the exercise of the power of supervision of the SC
 Instances when an Appeal by Certiorari under Rule 45 may apply
 1. Appeal from RTC in cases where only questions of law are raised or are
involved and the case is one decided by the said court in the exercise of its
original jurisdiction
 2. Appeal from CA where the petition shall raise only questions of law
 3. Appeal from Sandiganbayan where the petition shall raise only questions of
law
 4. Appeals from the CTA en banc
 5. Appeals from a petition for writ of amparo to the SC which may raise
questions of fact, questions of law or of both fact and law
 6. Appeal from a petition for the writ of habeas data
 7. Appeal from a petition for a write of kalikasan, questions of fact or law or
both.
 Only Questions of Law under Rule 45 - Only Questions of Law under Rule 45
 Availment of Both Remedies under Rule 45 and 65 – GR: remedy of appeal under
Rule 45 and an original action for certiorari under Rule 65 are mutually exclusive and
not alternative or cumulative. Thus, a party should not join both petitions in one
pleading.
 XPN: The SC may set aside technicality for justifiable reasons as when the petition
before the Court is clearly meritorious and filed on time
 Appeal from Judgment or Final Order of the Sandiganbayan –
 1. The appeal to the SC in criminal cases decided by the Sandiganbayan in the
exercise of its original jurisdiction – by notice of appeal; and
 2. The appeal to the SC in criminal cases decided by the Sandiganbayan in the
exercise of its appellate jurisdiction – by petition for review on certiorari under
rule 45
(6) Review of Judgments or Final Orders of the Commission on Audit and Commission
on Elections (Rule 64)
 Mode of review - brought by the aggrieved party to the Supreme Court on certiorari
under Rule 65
 Time to file petition - within thirty (30) days from notice; filing of a motion for new
trial or reconsideration of said judgment or final order or resolution, if allowed
under the procedural rules of the Commission concerned, shall interrupt the period
herein fixed. If the motion is denied, the aggrieved party may; file the petition
within the remaining period, but which shall not be less than five (5) days in any
event, reckoned from notice of denial.
 Docket and other lawful fees - pay to the clerk of court the docket and other lawful
fees and deposit the amount of P500.00 for costs
 Form and contents of petition - eighteen (18) legible copies; petition shall name the
aggrieved party as petitioner and shall join as respondents the Commission
concerned and the person or persons interested in sustaining the judgment; state
the facts with certainty, present clearly the issues involved, set forth the grounds
and brief arguments relied upon for review; pray for judgment annulling or
modifying the questioned judgment; Findings of fact of the Commission supported
by substantial evidence shall be final and non-reviewable.
 accompanied by a clearly legible duplicate original or certified true copy of
the judgment; together with certified true copies of such material portions
of the record as are referred to therein and other documents relevant and
pertinent thereto; requisite number of copies of the petition shall contain
plain copies of all documents attached to the original copy of said petition.
 state the specific material dates showing that it was filed within the period
fixed herein, and shall contain a sworn certification against forum shopping
 further be accompanied by proof of service of a copy thereof on the
Commission concerned and on the adverse party, and of the timely payment
of docket and other lawful fees.
 failure of petitioner to comply with any of the foregoing requirements shall
be sufficient ground for the dismissal of the petition
 Order to comment - Court finds the petition sufficient in form and substance; order
the respondents to file their comments on the petition within ten (10) days from
notice thereof; otherwise, the Court may dismiss the petition outright. Court may
also dismiss the petition if it was filed manifestly for delay, or the questions raised
are too unsubstantial to warrant further proceedings
 Comments of respondents - filed in eighteen (18) legible copies; original shall be
accompanied by certified true copies of such material portions of the record as are
referred to therein together with other supporting papers; requisite number of
copies of the comments shall contain plain copies of all documents attached to the
original and a copy thereof shall be served on the petitioner
 No other pleading may be filed by any party unless required or allowed by the
Court.
 Effect of filing - shall not stay the execution of the judgment or final order or
resolution sought to be reviewed, unless the Supreme Court shall direct otherwise
upon such terms as it may deem just.
 Submission for decision - Unless the Court sets the case for oral argument, or
requires the parties to submit memoranda, the case shall be deemed submitted for
 decision upon the filing of the comments on the petition, or of such other pleadings
or papers as may be required or allowed, or the expiration of the period to do so.
 COMELEC and the COA - may be brought to the SC on certiorari under Rule 65 by
filing the petition within 30 days from notice of the judgment or final order
 CSC - may be taken to the CA under Rule 43 of the Rules of Court
 Jurisdiction of CA to Review the Decisions in Criminal and Administrative Cases of
the Ombudsman
 1. In administrative disciplinary cases, appealable to the CA under Rule 43.
 2. tainted with grave abuse of discretion amounting to lack or excess of
jurisdiction, the aggrieved party may file a petition for certiorari with the SC
under Rule 65.
 3. In criminal cases, elevated to the SC by way of Rule 65.
 Review of Final Judgments or Final Orders of the NLRC - move for the
reconsideration of the decision and if denied, certiorari under Rule 65 within 60
days from notice of the decision. Doctrine of hierarchy of courts, the petition for
certiorari should be filed in the CA.
 Employees Compensation Commission - brought to the CA through a petition for
review under Rule 43
 DARAB possesses no power to issue writs of certiorari. Jurisdiction, or the legal
power to hear and determine a cause or causes of action, must exist as a matter of
law
 Remedy of a Party Aggrieved by the Decision of a Quasi-judicial Agency - file a
verified petition for review under Rule 43 in 7 legible copies within 15 days from:
 1. Notice of the award, judgment, final order or resolution;
 2. Date of publication, if publication is required by law for its effectivity; or
 3. Denial of petitioner’s MNT or MR
 Contents of Comment to the Petition
 1. Point out the insufficiencies or inaccuracies in petitioner’s statement of
facts and issues; and
 2. State the reasons why the petition should be denied or dismissed.
 filed within 10 days from notice in 7 legible copies and accompanied by clearly
legible certified true copies of such material portions of the record referred to
therein together with other supporting papers.
 Decision is immediately executory. It is not stayed by an appeal; CA shall direct
otherwise upon such terms as it may deem just.
 Extension of Time to file Petition for Review - 15 days only within which to file a
petition for review. No further extension shall be granted except for the most
compelling reason and in no case to exceed 15 days

(7) Dismissal, Reinstatement, and Withdrawal of Appeal

 Grounds for Dismissal of Appeal before the CA - on its own motion or on that of the
appellee, on the following grounds:
 a. Failure of the record on appeal to show on its face that the appeal was taken
within the period fixed by these Rules;
 b. Failure to file the notice of appeal or the record on appeal within the period
prescribed by these Rules;
 c. Failure of the appellant to pay the docket and other lawful fees
 d. Unauthorized alterations, omissions or additions in the approved record on
appeal
  e. Failure of the appellant to serve and file the required number of copies of his
brief or memorandum within the time provided
 f. Absence of specific assignment of errors in the appellant's brief, or of page
references to the record
 g. Failure of the appellant to take the necessary steps for the correction or
completion of the record within the time limited by the court in its order;
 h. Failure of the appellant to appear at the preliminary conference or to comply
with orders, circulars, or directives of the court without justifiable cause; and
 i. The fact that the order or judgment appealed from is not appealable
 The following improper appeals shall be dismissed:
 a. An appeal under Rule 41 taken from the RTC to the CA raising only questions
of law. Issues purely of law are not reviewable by the CA; and
 b. An appeal by notice of appeal instead of by petition for review from the
appellate judgement of RTC.
 An appeal erroneously taken to the CA shall not be transferred to the appropriate
court but shall be dismissed outright.
 Prior to the transmittal of the original record or the record on appeal to the
appellate court, the trial court, may motu proprio or on motion, dismiss the appeal
for having been taken out of time or for non-payment of the docket and other lawful
fees within the reglementary period
 Grounds for Dismissal of Appeal Before the SC - motu proprio or on motion of the
respondent on the following grounds:
 1. Failure to take the appeal within the reglementary period;
 2. Lack of merit in the petition;
 3. Failure to pay the requisite docket fee and other lawful fees or to make a
deposit for costs;
 4. Failure to comply with the requirements regarding proof of service and
contents of and the documents which should accompany the petition;
 5. Failure to comply with any circular, directive or order of the Supreme Court
without justifiable cause;
 6. Error in the choice or mode of appeal; and
 7. The fact that the case is not appealable to the Supreme Court.
 Reinstatement of Appeal - underlying consideration in this petition is that the act of
dismissing the notice of appeal, if done in excess of the trial court's jurisdiction,
amounts to an undue denial of the petitioner's right to appeal.
 importance and real purpose of the remedy of appeal; that an appeal is an essential
part of our judicial system and trial courts are advised to proceed with caution so as
not to deprive a party of the right to appeal and instructed that every party-litigant
should be afforded the amplest opportunity for the proper and just disposition of
his cause, freed from the constraints of technicalities
 Payment of Appellate Docket Fees - the payment in full of the docket fees within
the prescribed period is mandatory. Nevertheless, this rule must be qualified, to wit:
 1. The failure to pay appellate court docket fee within the reglementary period
allows only discretionary dismissal, not automatic dismissal, of the appeal; and
 2. Such power should be used in the exercise of the Courts' sound discretion ‘in
accordance with the tenets of justice and fair "play and with great deal of
circumspection considering all attendant circumstances
  SC has allowed the filing of an appeal in some cases where a stringent application of
the rules would have denied it, only when to do so would serve the demands of
justice and in the exercise of the SC’s equity jurisdiction
 Withdrawal of Appeal - appeal may be withdrawn as of right at any time before the
filing of the appellee's brief; Thereafter, the withdrawal may be allowed in the
discretion of the court
 Ordinary Appeal from the RTC to the CA - prior to the transmittal of the
original record or the record on appeal, the court may allow withdrawal of the
appeal
 Petition for Review from the RTC to the CA - before the Court of Appeals gives
due course to the petition, the Regional Trial Court may x x x allow withdrawal
of the appeal.
 DUAL FUNCTION OF APPELLATE COURTS
 Review for Correctness Function - to assure that substantial justice has been
done and is concerned with the justice of the particular case and with the
doctrine of res judicata.
 Institutional Function - to contribute to the progressive development of the
law for general application to the judicial system and is concerned with the
doctrine of stare decisis, which refers to the precedential value which assists in
deciding future similar cases
 The “Harmless Error Rule” in Appellate Decisions - No error in either the admission
or the exclusion of evidence and no error or defect in any ruling or order or in
anything done or omitted by the trial court or by any of the parties is ground for
granting a new trial or for setting aside, modifying, or otherwise disturbing a
judgment or order, unless refusal to take such action appears to the court
inconsistent with substantial justice

3. Petition for Relief from Judgment (Rule 38)

 A legal remedy whereby a party seeks to set aside a judgment rendered against him by a
court whenever he was unjustly deprived of a hearing or was prevented from taking an
appeal because of FAME
 An equitable remedy that is allowed only in exceptional cases when there is no other
available or adequate remedy
 It will not be entertained when the proper remedy is appeal or certiorari.
 Availability: Available after judgment has become final and executory
 Applicability: Applies to judgments, final orders and other proceedings.
 Grounds: FAME
 Period of filing: within 60 days from knowledge of the judgment and within 6 months from
entry of judgment. (Twin-period Jurisdictional)
 Nature of the Remedy: Equitable Remedy
 Available Remedy after its denial - Special civil action under Rule 65
 Verification requirement: must be verified
 A party who has filed a timely motion for new trial cannot file a petition for relief after the
former is denied. The two remedies are exclusive of one another
 Who may avail: Only to parties in the proceedings
 Proceedings After an Answer is Filed
 1. After the filing of the answer or the expiration of the period therefor, the court shall
hear the petition and if after such hearing, it finds that the allegations thereof are not
true, the petition shall be dismissed.
  2. If the allegations are true, the court shall set aside the judgment, final order or
proceeding complained of upon such terms as may be just. Thereafter, the case shall
stand as if such judgment, final order or proceedings had never been rendered, issued
or taken. The court shall then proceed to hear and determine the case as if a timely
motion for new trial or reconsideration had been granted by it
 Failure to file an answer to the petition for relief does not constitute default, even without
such answer, the court will still have to hear the petition and determine its merits.
 Preliminary Injunction available pending the Resolution of the Petition for Relief - upon
the filing of a bond in favor of the adverse party
 Bond is conditioned that if the petition is dismissed or the petitioner fails on the trial of the
case upon its merits, he will pay the adverse party all damages and costs that may be
awarded to him by reason of issuance of such injunction or the other proceedings following
the petition
 Lien acquired over the property is NOT discharged by a Subsequent Issuance of a Writ of
Preliminary Injunction - Therefore, if the petition is denied, the court has the power to
reinstate the writ of execution.
 Execution of the judgment may proceed even if the Order denying the Petition for Relief is
pending appeal - Unless a writ of preliminary injunction has been issued. Writ may be
sought either in the trial or appellate courts
 Order granting Petition for Relief is Interlocutory and Non-appealable
 Grounds for Availing of the Remedy
 1. A judgment or final order is entered, or any other proceeding is thereafter taken
against a party in any court through fraud, accident, mistake, or excusable negligence
 2. The petitioner has been prevented from taking an appeal by fraud, accident,
mistake, or excusable negligence
 Fraud - pertains to extrinsic or collateral fraud
 There is extrinsic fraud when a party is prevented from fully presenting his case to the court
as when the lawyer connives to defeat or corruptly sells out his client’s interest. Extrinsic
fraud can be committed by a counsel against his client when the latter is prevented from
presenting his case to the court.
 Mistake - means mistake of fact
 Mistake can be of such nature as to cause substantial injustice to one of the parties. It may
be so palpable that it borders on extrinsic fraud
 A wrong choice in legal strategy or mode of procedure will not be considered a mistake for
purposes of granting a petition for relief from judgment. "Does not apply and was never
intended to apply to a judicial error which the court might have committed in the trial since
such error may be corrected by means of an appeal."

 Excusable negligence - requires that the negligence be so gross "that ordinary diligence and
prudence could not have guarded against it."
 Must also be imputable to the party-litigant and not to his or her counsel whose negligence
binds his or her client. The binding effect of counsel’s negligence ensures against the
resulting uncertainty and tentativeness of proceedings if clients were allowed to merely
disown their counsels’ conduct.
 XPNs:
 1. where the reckless or gross negligence of counsel deprives the client of due process
of law;
 petition shall be filed in such court and in the same case (not in another or higher
court). The petition shall pray that the judgment, order or proceeding be set aside
  2. when the rule’s application will result in outright deprivation of the client’s liberty
or property; or
 petition shall likewise be filed in such court and in the same case (not in another or
higher court) but the prayer this time is that the appeal be given due course
 3. where the interests of justice so require
 Certainly, excusable negligence must be proven
 Form and Contents of Petition for Relief
 1. The petition for relief must be verified;
 2. It must be supported by affidavit showing FAME relied upon; and
 3. The affidavit of merit accompanying the petition must also show facts constituting
the petitioner’s good or substantial cause of action or defense
Affidavit of Merit - recites the nature and character of FAME on which the motion is
based; serves as the jurisdictional basis for the court to entertain a petition for relief;
not a fatal defect to warrant denial of the petition so long as the facts required to be
set out also appear in the verified petition
 Issuance by the Court of the Order to Answer - within 15 days from the receipt thereof;
petition is sufficient in form and substance to justify relief
 The twin-period (60 days not more than 6 months) is mandatory, jurisdictional, and must
be strictly complied with, otherwise, the petition may be dismissed outright. - will not
apply when a petition for relief grounded on extrinsic fraud ultimately results in the court’s
lack of jurisdiction over the defendant, hence, judgment is void.
 Example - Respondents committed extrinsic fraud by providing the trial court an erroneous
address where summons may be served on the petitioner
 Petition for relief available against a judgement of the CA – not allowed
 Petition for relief is applicable to criminal cases

4. Annulment of Judgment (Rule 47)

 Coverage - govern the annulment by the Court of Appeals of judgments or final orders and
resolutions in civil actions of Regional Trial Courts for which the ordinary remedies of new
trial, appeal, petition for relief or other appropriate remedies are no longer available
through no fault of the petitioner
 Grounds for annulment - based only on the grounds of extrinsic fraud and lack of
jurisdiction.
 Extrinsic fraud shall not be a valid ground if it was availed of, or could have been availed of,
in a motion for new trial or petition for relief.
 Period for filing action – based extrinsic fraud, the action must be filed within four (4) years
from its discovery; based on lack of jurisdiction, before it is barred by laches or estoppel.
 Filing and contents of petition - filing a verified petition alleging therein with particularity
the facts and the law relied upon for annulment, as well as those supporting the petitioners
good and substantial cause of action or defense,
 filed in seven (7) clearly legible copies, together with sufficient copies corresponding to the
number of respondents, certified true copy of the judgment or final order or resolution shall
be attached to the original copy of the petition intended for the court and indicated as such
by the petitioner.
 petitioner shall also submit together with the petition affidavits of witnesses or documents
supporting the cause of action or defense and a sworn certification that he has not
theretofore commenced any other action involving the same issues in the Supreme Court of
Appeals or different divisions thereof, or any other tribunal or agency; if there is such other
action or proceeding, he must state the status of the same, and if he should thereafter learn
 that a similar action or proceeding has been filed or is pending before the Supreme Court,
the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he
undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof
within five (5) days therefrom.
 Action by the court - Should the court find no substantial merit in the petition, the same
may be dismissed outright with specific reasons for such dismissal.
 Should prima facie merit be found in the petition, the same shall be given due course and
summons shall be served on the respondent
 Procedure - procedure in ordinary civil cases shall be observed. Should a trial be necessary,
the reception of the evidence may be referred to a member of the court or a judge of a
Regional Trial Court.
 Effect of judgment - judgment of annulment shall set aside the questioned judgment or final
order or resolution and render the same null and void, without prejudice to the original
action being refiled in the proper court. However, where the judgment or final order or
resolution is set aside on the ground of extrinsic fraud, the court may on motion order the
trial court to try the case as if a timely motion for new trial had been granted therein
 Suspension of prescriptive period - prescriptive period for the refiling of the aforesaid
original action shall be deemed suspended from the filing of such original action until the
finality of the judgment of annulment. However, the prescriptive period shall not be
suspended where the extrinsic fraud is attributable to the plaintiff in the original action
 Relief available - judgment of annulment may include the award of damages, attorney’s fees
and other relief.
 If the questioned judgment or final order or resolution had already been executed, the court
may issue such orders of restitution or other relief as justice and equity may warrant under
the circumstances
 Annulment of judgments or final orders of Municipal Trial Courts - action to annul a
judgment or final order of a Municipal Trial Court shall be filed in the Regional Trial Court
having jurisdiction over the former. It shall be treated as an ordinary civil action and sections
2, 3 4, 7, 8 and 9 of this Rule shall be applicable thereto.
 Annulment of Judgment - remedy in law independent of the case where the judgment
sought to be annulled was rendered.
 Like a petition for relief, a recourse equitable in character, allowed only in exceptional cases
where there is no available adequate remedy
 A co-equal court cannot annul the final judgment of a similar court. CA has exclusive
jurisdiction over actions for annulment of judgments of RTC. An action to annul a judgment
or final order of MTC shall be filed in the RTC having jurisdiction in the former and it shall be
treated as an ordinary civil action
 Purpose - To have the final and executory judgment set aside so that there will be renewal
of litigation
 Who may file - can be filed by one who was not a party to the action in which the assailed
judgment was rendered. It is a remedy in law independent of the case where the judgment
sought to be annulled is promulgated
 person need not be a party to the judgment sought to be annulled. What is essential is that
he can prove his allegation that the judgment was obtained by the use of fraud and
collusion and he would be adversely affected thereby
 When available - remedy of annulment of judgment may be availed of when the ordinary
remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer
available through no fault of the petitioner.
  petitioner fails to avail of those other remedies without sufficient justification, he cannot
resort to the action for annulment provided in the Rules, otherwise he would benefit from
his own inaction or negligence
 Annulment of Judgments of Quasi-judicial bodies - does not apply to judgments rendered
by quasi-judicial bodies. It does not apply also to decisions or orders of the Ombudsman in
administrative cases whose decisions or orders may be appealed to the CA under Rule 43.
 silence of BP 129 on the jurisdiction of the CA to annul judgments or final orders and
resolutions of quasi-judicial bodies like the DARAB indicates its lack of such authority
 Contents of the Petition
 1. Verified petition alleging:
 a. The facts and the law relied upon for annulment; and
 b. As well as those supporting the petitioner’s good and substantial cause of
action or defense, as the case may be;
 2. A certified true copy of the judgment or final order or resolution intended for the
court and indicated as such by the petitioner;
 3. Affidavits of witnesses or documents supporting the cause of action or defense;
and
 4. Sworn certification against forum shopping
 The procedure in ordinary civil cases shall be observed. Should a trial be necessary, the
reception of the evidence may be referred to a member of the court or a judge of the RTC
 Grounds for the Annulment of Judgment of the RTC (2008 BAR)
 1. Lack of jurisdiction over the subject matter and over the person - barred by
estoppels by laches, which is that failure to do something which should be done or to
claim or enforce a right at a proper time or a neglect to do something which one
should do or to seek or enforce a right at a proper time.
 2. Extrinsic Fraud
 Extrinsic or Collateral Fraud - Fraudulent act committed by the prevailing party
outside of the trial of the case, which prevented the defeated party from having
a trial or from presenting his case to the court, or is used to procure the
judgment without fair submission of the controversy
 Intrinsic Fraud - It refers to the acts of a party at the trial that prevents a fair
and just determination of the case, and that could have been litigated and
determined at the trial such as falsification, false testimony. It does not
constitute a ground for new trial.
 3. Denial of due process.
 A petition for Annulment of Judgment may be based only on the grounds of extrinsic fraud
and lack of jurisdiction, jurisprudence recognizes lack of due process as additional ground to
annul a judgment.

5. Collateral Attack on Judgments

 Collateral Attack - Made in another action to obtain a different relief, an attack on the
judgment is made as an incident in said action.
 This is proper only when the judgment, on its face is null and void, as where it is patent that
the court which rendered such judgment has no jurisdiction.
 DIRECT ATTACK - Made through an action or proceeding the main object of which is to
annul, set aside or enjoin the enforcement of such judgment if not yet carried into effect; or
if the property has been disposed of, the aggrieved party may sue for recovery

U. Execution, Satisfaction, and Effect of Judgments (Rule 39)

 When Execution shall issue - within five (5) years from the date of its entry. After the lapse of such time,
and before it is barred by the stature of limitations, a judgment may be enforced by action
 No appeal may be taken from an order of execution; file an appropriate special civil action under Rule 65
 One exception is when the terms of the judgment are not clear enough and there remains room for
interpretation. If the exception applies, the adverse party may seek the stay of execution or the quashal of
the writ of execution
 Execution as a Matter of Right
 Judgment has become final and executory;
 Judgment debtor has renounced or waived his right to appeal;
 Period for appeal has lapsed without an appeal having been filed; or
 Having been filed, the appeal has been resolved and the records of the case have been returned to
the court of origin.
 How issued - prevailing party can have it executed as a matter of right, and the issuance of a writ of
execution becomes the ministerial duty of the court
 Execution shall issue upon motion. Even in judgments which are immediately executory, there must be a
motion to that effect and a hearing called for that purpose. A decision which is immediately executory does
not mean dispensing with 3-day notice required in the implementation of a writ of execution. A sheriff who
enforces the writ without the required notice is running afoul with the rules
 A motion for the issuance of a writ of execution shall contain a notice to the adverse party. A motion which
does not contain a notice of hearing of the time and place for the hearing of the motion, is a worthless piece
of paper which the clerk has no right to receive and which the court has no authority to act upon
 Refusal of the Court to issue a writ of execution – GR: Execution of judgment is a matter of right on the part
of the winning party. The court cannot refuse execution.
 XPNs:
 execution is sought more than five (5) years from its entry without the judgment having been revived;
 judgment has already been executed by the voluntary compliance thereof by the parties
 judgment has been novated by the parties (compromise)
 petition for relief is filed and a preliminary injunction is granted
 judgment sought to be executed is conditional or incomplete
 facts and circumstances transpire which would render execution inequitable or unjust
 equitable grounds, as when there has been change in the situation of the parties which makes
execution inequitable.
 Remedy if a Motion for Execution is denied - Writ of mandamus
 DISCRETIONARY EXECUTION - exception to the rule that a judgment cannot be executed before the lapse of
the period for appeal or during the pendency of an appeal.
 Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing
 “Good reasons” have been held to consist of compelling circumstances that justify immediate execution lest
the judgment becomes illusory. Circumstances must be superior, outweighing the injury or damages that
might result should the losing party secure a reversal of the judgment
 The following are examples of good reasons that would justify a discretionary execution:
 proven insolvency of the debtors
 purpose of preventing irreparable injury
 fact that the goods subject of the judgments will perish or deteriorate during the pendency of the
appeal, a fact which would render the judgment in favor of the prevailing party ineffective
 failure of an unlawful detainer case to make the required periodic deposits to cover the amount of
rentals due under the contract or for payment of the reasonable value of the use and occupation of
the premises, or the failure to post a supersedeas bond may be good reasons to allow execution
pending appeal
 The following examples are NOT good reasons that would justify a discretionary execution:
 sole reason given by the trial court in allowing execution is that the appeal is frivolous and dilatory
 mere filing of a bond by the successful party
 fact that the prevailing party is in financial distress.
 Requisites for discretionary execution
 motion with notice to the adverse party;
 hearing
 good reasons to justify
 good reasons must be stated in a special order
 Instances when execution is discretionary
 pending appeal;
 court has jurisdiction over the case and is in possession of either the original record or record on
appeal;
 court has lost jurisdiction but has not transmitted records of the case to the appellate court;
 court has lost jurisdiction and has transmitted records (motion for execution pending appeal with
appellate court); and
 Execution of several, separate or partial judgment
 Instances when execution may issue before judgment has become executory and before the appeal was
perfected
 lapse of time would make the ultimate judgment ineffective; debtors were withdrawing their business
and assets from the country;
 appeal is clearly dilatory;
 judgment is for support and the beneficiary is in need thereof;
 articles subject of the case would deteriorate;
 defendants are exhausting their income and have no other property aside from the proceeds of a
property subject of the action;
 judgment debtor is in imminent danger of insolvency or is actually insolvent;
 prevailing party is of advanced age and in a precarious state of health, and the obligation in the
judgment is nontransmissible; and
 case involved escrow deposits and the prevailing party posts sufficient bond to answer for damages in
case of reversal of the judgment

 Where to file an application for discretionary execution

 1. The motion for discretionary execution shall be filed with the trial court:
 has jurisdiction over the case; and
 in possession of either the original record or the record on appeal; or
 2. After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed in
the appellate court
 In either instance, and whether it is a regular judgment or a special judgment such as several, separate or
partial judgment, the same procedure and the requirement of a special order stating good reasons for
discretionary execution shall be observed.
 Remedy when the judgment is reversed or annulled - trial court may, on motion, issue such orders of
restitution or reparation of damages as equity and justice may warrant under the circumstances
 Supreme Court held that one party may validly question a decision in a regular appeal and at the same time
assail the execution pending appeal via certiorari without violating the rule against forum shopping. This is
because the merits of the case will not be addressed in the Petition dealing with the execution and vice
versa
 Resolution or a favorable judgment in either will not amount to res judicata in the subsequent proceedings
between the same parties
 Moral and exemplary damages may be the subject of an execution pending appeal if they are NOT
dependent on other type of damages and that there is a good reason to grant the execution pending appeal.
However, if they are dependent upon the outcome of the case, they may not be awarded.
 Staying the discretionary execution - sufficient supersedeas bond filed by the party against whom execution
is directed, conditioned upon the performance of the judgment or order allowed to be executed in case it
shall be finally sustained in whole or in part. The bond thus given may be proceeded against on motion with
notice to the surety.
 Modes of execution of final and executory judgment or order and revived Judgment
 1. Execution by motion – if the enforcement of the judgment is sought within five (5) years from the
date of its entry;
 2. Execution by independent action – if the five (5) year period has elapsed and before it is barred by
statute of limitations which is 10 years from the date entry. This action is a personal one and not quasi
in rem.
 Date of finality of judgment or final order shall be deemed to be the date of its entry. However, if the
judgment is based upon a compromise which is immediately final and executory, prescription runs from the
date of its rendition and not from date of entry
 Instances where the five- and ten-year periods do not apply
 1. Special proceedings, e.g., land registration and cadastral cases; and
 2. Judgments for support.
 Motion and hearing are indispensable even if judgment is immediately executory -
 Execution by motion after the lapse of 5 years
 GR: Execution of a judgment can no longer be effected by filing a motion, after 5 years.
 XPNs:
 1. The delay in the execution of the judgment was through causes attributable to the judgment
debtor; or
 2. When delay is incurred for his or her benefit; and
 3. The period may also be interrupted by the agreement of the parties to suspend the enforcement of
the judgment
 Dormant judgment - one which has not been enforced by motion within 5 years after its entry and is thus
reduced to a mere right of action in favor of judgment-obligee. It may be enforced by filing an action for
revival of judgment and enforcing the decision therein
 Revival of judgment - action for revival of judgment is no more than a procedural means of securing the
execution of a previous judgment which has become dormant after the passage of five (5) years without it
being executed upon motion of the prevailing party. It is not intended to re-open any issue affecting the
merits of the judgment debtor’s case nor the propriety or correctness of the first judgment.
 A revived judgment is deemed a new judgment separate and distinct from the original judgment. It is not a
continuation of the original judgment. The action to revive the judgment is a new action and results in a
new judgment constituting a new cause of action with a new period of limitations.
 When a judgment is revived, such revived judgment may also be enforced by motion within 5 years from the
date of its entry and thereafter by action also before it is barred by the statute of limitations.
 The 10-year period to revive the revived judgment shall commence to run from the date of the finality of
the revived judgment and not from the date of finality of the old, original judgment
 Proper venue of revival of judgment – Real action – location; Personal – residence
 Effect of an appeal to the execution of the judgment
 GR: An appeal perfected in due time stays the execution of a judgment.
 XPNs: There are judgments which by express provision of law are not stayed by appeal:
  1. judgment for injunction, receivership, accounting and support unless the court rules otherwise or
the appellate court on appeal suspends, modifies, restores or grants the same. Judgments appealed
under Rule 43 are not stayed unless ordered by the Court; or
 2. Those judgments that have become the object of discretionary execution
 Judgments or final orders that are immediately final and executory
 1. Judgments in summary judicial proceedings in the family law (Art. 247, FC);
 2. Compromise judgments;
 3. Judgments of direct contempt
 4. Judgments in cases covered by the Rule of Procedure for Small Claims Cases
 Defenses available in an action for enforcement
 1. Prescription;
 2. Satisfaction of claim; and
 3. Counterclaims.
 Issuance of Execution in case of death of a party
 1. Death of an obligee – execution will issue in any case, upon application of his or her executor,
administrator, or successor-in-interest;
 2. Death of an obligor
 a. Death before levy:
 i. Action for recovery of real or personal property or enforcement of any lien thereon –
execution shall issue against his or her executor or administrator or successor-ininterest; or
 ii. Action for a sum of money – execution will NOT issue. The judgment obligee should file a
claim against the estate of the judgment obligor
 b. Death after levy: Execution will issue against his or her executor, administrator, or successor-in-
interest because the property is already separated from the estate of the deceased and is
deemed in custodia legis.
 Writ of execution - Judicial writ issued to an officer authorizing him or her to execute the judgment of the
court.
 Fruit and end of the suit and is the life of law. A judgment that is left unexecuted is nothing but an empty
victory for the prevailing party.
 Motion for the Issuance of a Writ of Execution must contain a notice to the adverse party. Execution shall
issue as a matter of right, on motion, upon a judgment or order that disposes of the action or proceeding
upon the expiration of the period to appeal therefrom if no appeal has been duly perfected

 Lifetime of a writ of execution

 1. A final and executory judgment or order may be executed on motion within five (5) years from the
date of its entry. After the lapse of such time, and before it is barred by the statute of limitations, a
judgment may be enforced by action.
 2. The revived judgment may also be enforced by motion within five (5) years from the date of its
entry and thereafter by action before it is barred by the statute of limitations
 Contents of a writ of execution -
 The writ of execution is issued in the name of the Philippines and shall state
 1. The name of the court which granted the motion;
 2. The case number;
 3. The dispositive portion of the judgment or order subject of the execution; and
 4. A statement requiring the sheriff or other proper officer to whom it is directed to enforce the writ
according to its terms, in the manner hereinafter provided:
 a. If the execution be against the property of the judgment obligor, to satisfy the judgment, with
interest, out of the real or personal property of such judgment obligor;
  b. If it be against real or personal property in the hands of personal representatives, heirs,
devisees, legatees, tenants, or trustees of the judgment obligor, to satisfy the judgment, with
interest, out of such property;
 c. If it be for the sale of real or personal property, to sell such property, describing it, and apply
the proceeds in conformity with the judgment, the material parts of which shall be recited in the
writ of execution;
 d. If it be for the delivery of the possession of real or personal property, to deliver the possession
of the same, describing it, to the party entitled thereto, and to satisfy any costs, damages, rents,
or profits covered by the judgment out of the personal property of the person against whom it
was rendered, and if sufficient personal property cannot be found, then out of the real property;
and
 e. In all cases, the writ of execution shall specifically state the amount of the interest, costs,
damages, rents, or profits due as of the date of the issuance of the writ, aside from the principal
obligation under the judgment. For this purpose, the motion for execution shall specify the
amounts of the foregoing reliefs sought by the movants
 Effect when the writ of execution does not conform to the judgment – void, may be quashed on motion
 Cases where a writ of possession may be issued
 1. Land registration proceedings (in rem);
 2. Extrajudicial foreclosure of a real estate mortgage;
 3. Judicial foreclosure of mortgage, (quasi in rem); mortgagor is in possession; no third person,
not a party to the foreclosure suit, had intervened; and
 4. Execution sale
 An order granting the issuance of a writ of execution of a final judgment is not appealable, except when the
order varies in term, vague, and a wrong interpretation of judgment
 Grounds to quash the writ of execution
 varies the judgment;
 change in the situation of the parties making the execution inequitable or unjust;
 exempt from execution;
 controversy has never been submitted to the judgment of the court;
 terms of the judgment are not clear enough and there remains room for interpretation thereof;
 improvidently issued
 defective in substance, or is issued against the wrong party, or that the judgment debt has been
paid or otherwise satisfied or the writ is issued without authority
 EXECUTION OF JUDGMENTS FOR MONEY
 1. Immediate payment on demand;
 2. Satisfaction by levy; and
 3. Garnishment of debts and credits
 Steps in executing a judgment for money
 demand from the obligor the immediate payment of the full amount stated in the judgment
including the lawful fees in cash, certified check payable to the judgment obligee or any other
form of payment acceptable to him;
 cannot pay all or part of the obligation in cash, certified check or other mode of payment - levy
upon the properties of the judgment; judgment obligor shall have the option to choose which
property or part thereof may be levied upon; judgment obligor does not exercise the option, the
officer shall first levy on the personal properties; then on the real properties if the personal
properties are insufficient to answer for the personal judgment but the sheriff shall sell only so
much of the property that is sufficient to satisfy the judgment and lawful fees;
  Garnishment - levy on the debts due the judgment debtor including bank deposits, financial
interests, royalties, commissions and other personal property not capable of manual delivery in
the possession or control of third parties
 A lawful levy on execution is indispensable to a valid sale on execution. A sale, unless preceded by a valid
levy, is void, and the purchaser acquires no title to the property sold
 Garnishment - form of levy on the debts due the debtor including bank deposits, financial interests,
royalties, commissions and other personal property not capable of manual delivery in the possession or
control of third parties
 kind of attachment for reaching credits belonging to the judgment debtor and owing to him from a stranger
to the litigation. writ of attachment is substantially a writ of execution except that it emanates at the
beginning, instead of at the termination, of a suit. places the attached properties in custodia legis, obtaining
pendente lite a lien until the judgment of the proper tribunal on the plaintiff’s claim is established, when the
lien becomes effective as of the date of the levy.
 garnishee or the third person who is in the possession of the property of the judgment debtor is deemed a
forced intervenor. It is a settled rule that upon service of the writ of garnishment, the garnishee becomes a
“virtual party” or “forced intervenor” to the case and the trial court thereby acquires jurisdiction to bind the
garnishee to comply
 Procedure in garnishment
 notice is served upon the third person or garnishee
 garnishee shall make a written report to the court within 5 days from service stating whether or
not the judgment obligor has sufficient funds to satisfy the judgment; If sufficient - deliver the
amount in cash or certified check issued in the name of the judgment obligee shall be delivered
directly to the judgment obligee within 10 working days;
 lawful fees shall be directly paid to the court;
 if insufficient - report as to the amount he holds for the judgment creditor
 Implementation of Judgment if the obligee is absent at the time of payment - sheriff is authorized to
receive it; money received must be remitted to the clerk of court within the same day; if not practicable,
deposited in a fiduciary account with the nearest government depository bank;
 EXECUTION OF JUDGMENTS FOR SPECIFIC ACTS
 Conveyance, delivery of deeds, or other specific acts, vesting title. - appoint some other person at
the cost of the disobedient party and the act when so done shall have the same effect as if done by
the required party
 Sale of real and personal property - Sell and apply the proceeds in conformity with the judgment.
 Delivery or restitution of real property - party refuses to deliver, a writ of execution directing the
sheriff to cause the defendant to vacate is in the nature of a habere facias possesionem and
authorizes the sheriff to break open the premises where there is no occupant therein
 party refuses to vacate property, the remedy is not contempt. The sheriff must oust the party. But if
demolition is involved, there must be a special order. A demolition order from the court is required to
effect removal of an improvement constructed by the defeated party
 Removal of improvements on property subject of execution - officer may destroy, demolish or
remove the improvements upon special order of the court, issued upon motion of the judgment
obligee.
 Delivery of personal property - Delivery of personal property
 Remedy when a party refuses to comply with the judgment
 1. Vacate the property – The sheriff must oust the party. A demolition order from the court is required
to effect removal of an improvement constructed by the defeated party;
 2. Deliver – The sheriff will take possession and deliver it to the winning party; and
 3. Comply – The court can appoint some other person at the expense of the disobedient party and
the act shall have the same effect as if the required party performed it.
 Contempt in case of refusal to comply with the judgment of the court
 GR: The judgment debtor cannot be cited in contempt of court.
 XPNs:
 Refusal to perform a particular act or special judgments
 support pendente lite
 If a judgment requires a person to perform a specific act, said act must be performed, but if the party fails to
comply within the specified time, the court may direct the act to be done by someone at the cost of the
disobedient party and the act when so done shall have the effect as if done by the party (no contempt)
 EXECUTION OF SPECIAL JUDGMENTS - requires the performance of any act
 Effect of failure to comply with special judgments - punishable by imprisonment
 How executed - certified copy of the judgment shall be attached to the writ of execution and shall be served
by the officer upon the party against whom the same is rendered, or upon any other person required
thereby, or by law, to obey the same, and such party or person may be punished for contempt if he disobeys
such judgment
 EFFECT OF LEVY ON THIRD PERSONS - creates a lien in favor of the judgment obligee over the right, title and
interest of the judgment obligor in such property at the time of the levy, subject to liens and encumbrances
then existing
 Remedies available to a third-party claimant in levy of real property
 1. Summary hearing before the court which authorized the execution;
 2. Terceria or a third-party claim filed with the sheriff;
 3. Action for damages on the bond posted by judgment creditors; or
 4. Independent reinvindicatory action
 The remedies are cumulative and may be resorted to by the third-party claimant independently of or
separately from the others. Availment of the terceria is not a condition sine qua non to the institution of
“separate action.”
 if there is a bond filed by the winning party - officer shall not be liable for damages
 If there is no bond, the sale cannot proceed
 judgment obligee can claim damages against a third-party claimant who filed a frivolous or plainly spurious
claim, and such judgment obligee can institute proceedings therefor in the same or separate action.

 REMEDIES WHEN PROPERTY IS CLAIMED BY THIRD PERSONS – at any time, file with the sheriff in
possession or before sale under execution.
 1. Terciera – third party claim
 Requisites (Terciera)
 Property is levied
 Claimant is a third person
 affidavit of his title thereto or right to the possession thereof stating the grounds of such right or
title
 serves the same upon the officer making the levy and the judgment oblige
 Duty of the officer if the property sought to be levied on is claimed by another person and proper
proof of ownership or possession is served such officer - not be bound to keep the property, unless
the judgment obligee, on demand of the officer, files a bond approved by the court to indemnify the
third-party claimant in a sum not less than the value of the property levied on
 disagreement as to the value, the same shall be determined by the court issuing the writ of execution.
No claim for damages for the taking or keeping of the property may be enforced against the bond
unless the action therefor is filed within 120 days from the date of the filing of the bond.
  2. Exclusion or release of property – motion to set aside the levy on attachment; questions
performance of duty of sheriff in execution of writ of attachment
 3. Intervention - This is possible because no judgment has yet been rendered and under the rules, a
motion for intervention may be filed any time before the rendition of the judgment by the trial court.
 4. Accion Reivindicatoria – third-party claimant is not precluded, from vindicating his claim to the
property in the same or in a separate action, file a separate action to nullify the levy with damages
resulting from the unlawful levy and seizure. action may be a totally distinct action from the former
case.
 RULES ON REDEMPTION - no right of redemption as to personal properties for the sale is absolute. Such
right is available only to real properties
 period of redemption is not suspended by an action to annul the foreclosure sale. The periods for
redemption are not extendible. However, the parties may agree on a longer period, in a in such case, it
would be a conventional redemption.
 Person/party to redeem the real property sold
 1. Judgment obligor
 2. Judgment obligor’s, successor-in-interest in the whole or any part of the property;
 3. Redemptioner – a creditor having a lien by virtue of an attachment, judgment or mortgage on the
property sold, or on some part thereof, subsequent to the lien under which the property was sold
 no right of redemption in judicial foreclosure of mortgage
 The right of redemption exists only in execution sales and extrajudicial foreclosures where there is always a
right of redemption
 Redemption price
 1. By judgment obligor or the first redemptioner: purchase price + 1%/month +any assessment. If
redeeming from Creditor purchaser; amount of other lien + interest
 2. By subsequent redemptioners: amount on last redemption + 2%/month + any assessments + liens of
last redemptioner + interests
 Effect of Redemption by Judgment Obligor - person to whom the redemption payment is made must
execute and deliver to the judgment obligor a notarized certificate of redemption, which is filed, registered,
and annotated with the Register of Deeds.
 Rights Pending Redemption - judgment obligee may apply for injunction to restrain the commission or
waste on the property
 It is not waste for a person in possession of the property at the time of the sale, or entitled to possession
afterwards, during the period allowed for redemption to:
 1. Continue to use it in the same manner in which it was previously used;
 2. Use it in the ordinary course of husbandry; or
 3. Make the necessary repairs to buildings thereon while he occupies the property.
 Rights of a judgment debtor
 1. To remain in possession of the property until the expiration of period of redemption;
 2. To collect rents and profits until the expiration of period of redemption
 3. To use the property in the same manner it was previously used;
 4. To make necessary repairs; and
 5. Use it in the ordinary course of husbandry
 Purchaser entitled to possession and conveyance of the property sold on Execution - if no redemption is
made within 1 year from the date of the registration of the certificate of sale
 upon the expiration of the right of redemption, the purchaser or redemptioner shall be substituted to and
acquire all the rights, title, interest and claim of the judgment obligor to the property as of the time of the
levy; the possession of the property shall be given to the purchaser or last redemptioner by the same
officer.
 As an exception, whenever a third party is actually holding the property adversely to the judgment obligor
 Instances when the purchaser may recover the purchase price from the judgment obligor
 1. If the purchaser or his or her successor-in-interest fails to recover possession of the property sold on
execution sale; or
 2. Is evicted due to:
 a. Irregularities in the proceedings concerning the sale;
 b. Reversal or setting aside of judgment;
 c. The fact that the property was exempt from execution; or
 d. If a third person has vindicated his claim to the property.
 Remedy of a purchaser of real property sold on execution in instances when purchaser may recover the
purchase price
 1. Bring an action against the judgment creditor;
 2. File a motion for revival of judgment in his name against the judgment debtor; or
 3. Bring an action to recover possession of property.
 EXAMINATION OF JUDGMENT OBLIGOR WHEN JUDGMENT IS UNSATISFIED
 judgment creditor may cause examination of the judgment debtor as to his or her property and
income
 judgment creditor may cause examination of the debtors of the judgment debtor as to any debt
owed by him or her or to any property of the judgment debtor in his or her possession before the
court or a commissioner appointed by it, at a time and place within the province or city where
such debtor resides or is found
 court finds, after examination, that there is property of the judgment debtor either in his or her
own hands or that of any person, the court may order the property applied to the satisfaction of
the judgment
 court finds the earnings of the judgment debtor are more than sufficient for his or her family’s
needs, it may order payment in fixed monthly installments
 court may appoint a receiver for the property of the judgment debtor not exempt from execution
or forbid a transfer or disposition or interference with such property
 court finds that the judgment debtor has an ascertainable interest in real property either as
mortgagor, mortgagee, or otherwise, and his or her interest can be ascertained without
controversy, the court may order the sale of such interest
 court finds that the judgment debtor has an ascertainable interest in real property either as
mortgagor, mortgagee, or otherwise, and his or her interest can be ascertained without
controversy, the court may order the sale of such interest
 No judgment obligor shall be so required to appear before a court or commissioner outside the province or
city in which such obligor resides or is found
 EXAMINATION OF OBLIGOR OF JUDGMENT OBLIGOR - upon proof to the satisfaction of the court which
issued the writ, that a person, corporation, or other judicial entity has property of such 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 the court or a commissioner appointed by it, at a time and
place within the province or city where such debtor resides or is found, and be examined concerning the
same
 A party or other person may be compelled, by an order of subpoena, to appear before the court or
commissioner to testify. Failure to obey may be punished by contempt. If examination is before a
commissioner, the commissioner must put it in writing and certify it to the court. All examinations and
answers must be under oath.
 EFFECT OF JUDGMENTS OR FINAL ORDERS
 1. If judgment or final order is on a specific thing – the same is conclusive upon the title to thing;
  2. If judgment or final order is in respect to the probate of a will, or the administration of the
estate of a deceased person – the same is conclusive upon the will or administration, but the
probate of the will or the granting of letters of administration shall only be prima facie evidence of
the death of the testator or intestate and not a conclusive presumption of death;
 3. If judgment or final order is in respect to the personal, political or legal condition or status of a
particular person or his relationship to another – the judgment or final order is conclusive upon
the condition, status or relationship;
 4. In other cases, if the judgment be with respect to the matter directly adjudged or as to any
other matter that could have been raised in relation thereto – the judgment or final order is
conclusive between the parties and their successors-in-interest by title subsequent to the
commencement of the action or special proceeding, litigating for the same thing and under the
same title and in the same capacity, relationship
 5. In any other litigation between the same parties or their successors-in-interest – that only is
deemed to be adjudged in a former judgment or final order which appear upon its face to have
been adjudged, or which was actually and necessarily included therein or necessary thereto.
 Refusal to issue writ of execution after judgment has become final
 GR: The trial court has ministerial duty to order execution of final and executory judgments. It cannot refuse
execution and is compellable by mandamus.
 XPNs: (Same as the grounds to quash a writ of execution)
 1. Change in the situation of the parties which makes the execution inequitable or unjust;
 2. Writ of execution varies judgment;
 3. Controversy was never submitted to the judgment of the court;
 4. Execution is sought against property exempt from execution;
 5. Terms of the judgment are not clear and leaves room for interpretation;
 6. Writ of execution is improvidently issued;
 7. Writ of execution is defective in substance;
 8. Writ of execution is issued against the wrong party;
 9. Judgment debtor has been paid or otherwise satisfied; and
 10. Writ of execution was issued without authority.
 The proper remedy is petition for certiorari under Rule 65

 Instances when execution of final and executory judgment is not allowed

 1. Upon filing of a petition for relief from judgment;
 2. Attack against a judgment which is void for lack of jurisdiction, or obtained through fraud;
 3. On equitable grounds; and
 4. In cases falling under the 10 exceptions above
 Modifying final and executory judgments
 GR: Final and executory judgments cannot be amended or modified. Any amendment which substantially
affects a final and executory judgment is null and void for lack of jurisdiction
 XPN: Judgment may be modified as to:
 1. Clerical errors or mistakes - errors which are not the result of the exercise of judicial functions;
 2. To clarify ambiguity;
 3. To enter nunc pro tunc orders – to make a present record of an order which the court rendered
at a previous time but, by inadvertence has not been entered; and
 4. In judgments for support which can always be amended from time to time, in light of the
circumstances of the parties
 Two Aspects of Res Judicata
  1. "Bar by prior judgment" or "estoppel by verdict - effect of a judgment as a bar to the
prosecution of a second action upon the same claim, demand or cause of action.
 2. "Conclusiveness of judgment" or the “rule of auter action pendant” - issues actually and directly
resolved in a former suit cannot again be raised in any future case between the same parties
involving a different cause of action. It has the effect of preclusion of issues only
 Essential requisites
 (1) finality of the former judgment;
 (2) the court had jurisdiction over the subject matter and the parties;
 (3) it must be a judgment on the merits; and
 (4) there must be, between the first and second actions, identity of parties, subject matter and
causes of action.
 Effect of a Foreign Order (2007 BAR)
 1. Against a specific thing – conclusive upon title to the thing
 2. Against a person – presumptive evidence of a right as between the parties and their successors-
in-interest by a subsequent title
 Enforcement of a judgment of a foreign court (2007 BAR) - may only be enforced in the Philippines through
an action validly heard in an RTC. Thus, it is actually the judgment of the Philippine court enforcing the
foreign judgment that shall be executed
 Period: action upon a judgment must be brought within 10 years from the time the right of action accrues.
 Where a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that the foreign
law is the same as local law under the doctrine of processual presumption
 Judgement immediately executory without the expiration of period to appeal
 a. Injunction, receivership, accounting and support;
 b. Forcible entry or unlawful detainer;
 c. Decision of the RTC in civil cases governed by the Rules of Summary Procedure; and
 d. Decision of the Labor Arbiter reinstating a dismissed or separated employee.

IV. Provisional Remedies

A. Nature, Purpose, and Jurisdiction Over Provisional Remedies
 Nature
 Writs and processes which are temporary, auxiliary, and ancillary remedies available to a litigant for
the protection and preservation of his rights until the final disposition of a matter in litigation
 Dependent for their application upon the existence of a main action.
 Purpose
 1. To preserve or protect their rights or interests while the main action is pending;
 2. To secure the judgment;
 3. To preserve the status quo; or
 4. To preserve the subject matter of the action.
 Both cases involve the same facts, parties and arguments. For these reasons, the Court believes that
the doctrine of the law of the case is applicable. The doctrine of the law of the case precludes
departure from a rule previously made by an appellate court in a subsequent proceeding essentially
involving the same case.
 Provisional Remedies in Criminal Cases - may be availed of in connection with the civil aspect
deemed instituted with the criminal action, insofar as they are applicable
 Requirements:
 1. Affidavits are required to support the issuance of these remedies, except preliminary
injunction and receivership;
 2. A bond is required to answer for damages by reason of the improvident issuance of the writ
except on support pendete lite, inspection of accounts and freeze order, inspection and
production orders (Rule on the Writ of Amparo), seizure and sequestration of accounts and
assets, restriction of travel and hold departure order.
 Filed with the court having jurisdiction over the pending principal/main action. An inferior court
may grant a provisional remedy in an action pending with it
 Courts with jurisdiction over provisional remedies - SC, CA, RTC and all first-level courts
 (1) Attachment; (2) Injunction; (3) Receivership; and (4) Replevin.
 Provisional remedy of support pendente lite can only be issued by the RTC/Family Court since an
action for support can only be filed with it being an action the subject matter of which is incapable
of pecuniary estimation.
 GR: Can only be granted with notice and hearing
 XPN:
 1. Writ for preliminary attachment - may be issued ex parte or upon motion with notice and
hearing.
 2. Writ of replevin – issued upon the filing of such affidavit and approval of the bond. There are
no requirements of prior notice and hearing.
 When to apply and in what principal actions available
 Preliminary Attachment (Rule 57) –
 When: commencement of the action or at any time before entry of judgment.
 Principal Action:
 (1) Recovery of liquidated sum of money; and
 (2) Recovery of possession of property unjustly or fraudulently taken, detained or
converted
 Preliminary Injunction (Rule 58) –
 When: any stage of the action prior to the judgment or final order.
 Principal Action: Action for injunction, whether or not coupled with other prayers.

 Receivership (Rule 59)

 When: any stage of the proceedings and even after judgment has become final and executory
as means of enforcing judgment.
 Principal Action:
 (1) Receivership action;
 (2) Real action involving title to or possession of realty;
 (3) Foreclosure of mortgage;
 (4) Dissolution of corporation
 Replevin (Rule 60)
 When: commencement of the action or at any time before answer.
 Principal Action:
 (1) Recovery of possession of personal property;
 (2) Recovery of personal property subject of chattel mortgage as a preliminary step to
extrajudicial foreclosure
B. Preliminary Attachment (Rule 57)
 A plaintiff or other party, may have the property of the adverse party be taken into the custody of
the court as security for the satisfaction of any judgment. It is ancillary and preliminary, resorted
before the finality of judgment to secure the property of the adverse party and prevent its
dissipation.
 Purposes
 1. To seize the property of the debtor before final judgment and to hold it in custodia legis
while the action is pending for purposes of satisfying the said judgment; and
 2. To enable the court to acquire jurisdiction over the res or the property where service over
the person of the defendant cannot be effected.
 Nature of proceeding - quasi-in-rem although sometimes referred to as an action in rem.
 It is against a particular property, enforceable against the whole world.
 Jurisdiction over the person of the defendant is not required as long as the court acquires
jurisdiction over the res.
 Availed of and is granted in an action purely in personam, it converts the action to one that is quasi
in rem.
 Grounds
 1. actions for the recovery of a specified amount of money or damages, other than moral and
exemplary, on a cause of action arising from law, contract, quasi-contract, delict or quasi-delict
against a party who is about to depart from the Philippines with intent to defraud his or her
creditors;
 2. Actions for money or property embezzled or fraudulently misapplied or converted to his own
use by a public officer, or an officer of a corporation, or an attorney, factor, broker agent, or
clerk, in the course of his employment as such, or by other person in a fiduciary capacity, or for
a willful violation of duty;
 3. Actions to recover the possession of property unjustly or fraudulently taken, detained or
converted, when the property, or any part thereof, has been concealed, removed, or disposed
of to prevent its being found or taken by the applicant or an authorized person;
 4. Actions against a party who has been guilty of fraud (Fraud in contracting
obligation/performance thereof) in contracting the debt or incurring the obligation upon which
the action is brought or in the performance thereof;
 5. Actions against a party who has removed or disposed of his property, or is about to do so,
with intent to defraud his creditors;
 6. Actions against non-resident not found in the Philippines, or person upon whom summons
may be served by publication.
 When to apply– at the commencement or at any time before entry of judgment.
 Who may apply - plaintiff or any proper party [(a) defendant on his or her counterclaim; (2) co-party
on his crossclaim; and (c) third-party plaintiff on his third-party claim]
 Requisites
 1. Affidavit executed by the applicant, or of some other person who personally knows the facts.
The affidavit must show that:
 a. A sufficient cause of action exists;
 b. The case must be any of those where preliminary attachment is proper
 c. There is no sufficient security for the claim sought to be enforced; and
 d. The amount due to the applicant, or the value of the 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.
 2. Attachment bond – a bond executed in favor of the adverse party in an amount to be fixed by
the judge, not exceeding the plaintiff’s claim,
 Failure to allege matters required under Sec. 3, Rule 57 renders the writ totally defective as the
judge issuing the writ acts in excess of jurisdiction.
 The application may be incorporated in the verified complaint alleging all the grounds and
complying with all the requisites for the grant of the application.
 Effect of existence of a mortgage - writ will not be issued; To justify the issuance of the writ of
preliminary attachment, it must be shown that the security is insufficient to cover the claim.
 Stages in the issuance of a writ of attachment
 1. The court issues the Order granting the application;
 2. The Writ of attachment is issued pursuant to the order granting the writ; and
 3. The writ is Implemented
 For the initial two stages, it is not necessary that jurisdiction over the person of the defendant
should first be obtained. However, to validly implement the writ, it is required that the court acquire
jurisdiction over the person of the defendant for without such jurisdiction, the court has no power
and authority to act in any manner against the defendant. Thus, any order issued by the court will
not bind the defendant
 Issuance of order of attachment (2001 BAR)
 1. Ex parte and even before summons is served upon the defendant - intended to pre-empt any
possible disposition of property by the adverse party
 2. Upon motion and notice of hearing, by the court in which the action is pending and may
even be issued by the CA or the SC.
 A hearing on a motion or application for preliminary attachment is not generally necessary unless
otherwise directed by the trial court. This is because an order of attachment may also be issued ex
parte.
 Contents of the order of attachment – require the sheriff to attach so much of property against it is
issued, sufficient to satisfy the claimant’s demand;
 Unless such party makes deposit or gives a bond in an amount equal to that fixed in the order, which
may be the amount sufficient to satisfy the applicant’s demand or the value of the property to be
attached as stated by the applicant, exclusive of costs.
 Several writs may be issued at the same time to the sheriffs of the courts of different judicial
regions.

 RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF SUMMONS

 GR: The writ of attachment is implemented by the sheriff who shall make a levy on attachment
pursuant to the writ issued. However, no levy shall be allowed unless preceded or
contemporaneously accompanied by:
 1. Service of summons;
 2. Copy of the complaint;
 3. Application for attachment;
 4. Affidavit and Bond of the applicant; and
 5. Order and writ of attachment.
 XPNs:
 1. Summons could not be served Personally despite diligent efforts;
 2. Summons could not be served by substituted service despite diligent efforts;
 3. The defendant is a resident of the Philippines Temporarily Absent therefrom
 4. The defendant is a Non-resident of the Philippines; or
 5. The action is one in Rem or Quasi in rem
 Mere change in the name of the plaintiff in the amended complaint does not affect the validity of
the attachment.
 Fact that the writ of preliminary attachment was served ahead of the summons did not affect the
jurisdiction of the court over his person. It makes the writ unenforceable; however, all that is
required is to re-serve the writ
 Where the writ of preliminary attachment had already been implemented, the subsequent service
of summons does not confer a retroactive acquisition of jurisdiction over her person because the
law does not allow for retroactivity of a belated service
 The writ was improvidently issued if indeed it can be shown that the obligation was already fully
paid.
 MANNER OF ATTACHING REAL AND PERSONAL PROPERTY; WHEN PROPERTY ATTACHED IS
CLAIMED BY THIRD PERSONS/DUTY OF SHERIFF
 Sheriff enforcing the writ shall without delay and with all reasonable diligence attach, to await
judgment and execution in the action, only so much of the property in the Philippines of the party
against whom the writ is issued, not exempt from execution, as may be sufficient to satisfy the
applicant’s demand, unless the former makes a deposit with the court from which the writ is issued,
or gives a counter-bond executed to the applicant, in an amount equal to the bond fixed by the
court in the order of attachment or to the value of the property to be attached, exclusive of costs.
 Manner of attaching real and personal property - Real and personal property shall be attached by
the sheriff executing the writ in the following manner:
 1. Real property, growing crops thereon, or interest therein –
 a. By filing with the Registry of Deeds:
 i. A copy of the order granting the application;
 ii. A description of the property attached;
 iii. A notice that it is attached, or that such real property and any interest therein held by
or standing in the name of such other person are attached; and
 b. By leaving a copy of such order, description, and notice with the occupant of the property, if
any, or with such other person or his agent if found within the province.
 2. Personal property capable of manual delivery – By the sheriff taking into custody and safely
keeping the property after issuing the corresponding receipt therefor.
 3. Stocks, shares or interest in stocks or shares of any corporation or company – By leaving with the
president or managing agent thereof:
 a. A copy of the writ; and
 b. A notice stating that the stock or interest of the party against whom the attachment is
issued, is attached in pursuance of such writ;
 4. Debts and credits, bank deposits, financial interests, royalties, commission and other personal
property not capable of manual delivery – By leaving with the person owing debts or having in his
possession and control, such credits or other personal property, or with his agent:
 a. A copy of the writ; and
 b. A notice that the debts owing by him to the party against whom attachment is issued
and the credits and other personal property in his possession, or under his control,
belonging to said party, are attached in pursuance of such writ
 5. Interest in the estate of a decedent – By serving copy of writ and notice that the said interest is
attached upon the:
 a. Executor or administrator of estate or another personal representative of the decedent;
 b. Clerk of Court where estate is being settled; and
 c. Heir, devisee, or legatee;
 6. Property in custodia legis (1999 BAR) – A copy of the writ shall be filed with the proper court or
quasi-judicial agency and notice of the attachment shall be served upon the custodian of such
property.
 Salary subject of attachment – Can only be attached at the end of the month or on payday provided
by contract or law, as prior thereto; the same do not constitute money “due” to the debtor from his
employer.
 If the employer is the Government, before payday, such funds are public funds and are exempt from
attachment or execution.
 Wages due to a laborer – XPN: For debts incurred for food, shelter, clothing and medical
attendance.
 Government funds
 1. Commercial business/Proprietary - funds may be subject to a duly issued writ of garnishment
or writ of execution
 2. Public purpose, public funds of a municipality are not subject to levy or execution and such
funds cannot be disbursed without a lawful appropriation or statutory authority as required by
law (Ordinance).
 Even when the immunity of state is relaxed, the power of the court ends when judgment is
rendered, and state is at liberty to determine whether or not to appropriate funds for the
satisfaction of the judgment
 Principle of Seniority of Liens - property attached by the judgment creditor had previously been
mortgaged, the judgment creditor’s lien is inferior to that of the mortgagee, which must first be
satisfied in the event of foreclosure. In reality, what was attached by the judgment creditor was
merely the judgment debtor’s right or equity of redemption.
 Preference between duly registered attachment by levy and lis pendens - given to a duly registered
attachment over a subsequent notice of lis pendens, even if the beneficiary of the notice acquired
the subject property before registration of the attachment.
 Such notice does not establish a lien or an encumbrance on the property affected. As the name
suggests, a notice of lis pendens with respect to a disputed property is intended merely to inform
third persons that any of their transactions in connection therewith if entered into subsequent to
the notation would be subject to the result of the suit.
 Preference between duly registered attachment by levy and prior sale of property - evy on
execution duly registered takes preference over a prior unregistered sale; and that even if the prior
sale is subsequently registered before the sale in execution but after the levy was duly made
because it retroacts to the date of the levy.
 Remedies available if the property is being claimed by third person:
 1. Terceria or third-party claim - The third person whose property was levied on must make an
affidavit of his title thereto, or right to the possession thereof stating the grounds of such right
and title and must serve such affidavit upon the sheriff while the latter has possession of the
attached property and a copy thereof upon the attaching property;
 GR: The sheriff is not bound to keep the property.
 XPN: The sheriff is bound to keep the property when the attaching party, on demand of
the sheriff, files a bond approved by the court to indemnify the third-party claimant in a
sum not less than the value of the property levied upon
 2. Independent action to recover his property; or
 3. Motion for intervention – which is available only before judgment is rendered
 Claim for damages may be enforced against the bond
 1. sheriff shall not be liable for damages for the taking or keeping of such property, to any such
third-party claimant, if such bond shall be filed. No claim for damages for the taking or keeping of
 the property may be enforced against the bond unless the action therefor is filed within 120 days
from the date of the filing of the bond.
 2. claimant or any third person is not prevented from vindicating his claim to the property or
prevent the attaching party from claiming damages against a third-party claimant who filed a
frivolous or plainly spurious claim, in the same or a separate action.
 Sale of property covered by a writ of preliminary attachment before entry of judgment
 GR: Property may not be sold. A writ of preliminary attachment is a provisional remedy, and its
issuance does not have the effect of a final judgment over the property attached.
 XPN: attached property is perishable or that the interests of all the parties to the action will be
subserved by the sale of the attached property
 DISCHARGE AND THE COUNTER-BOND - A party whose property is sought to be attached may
prevent the enforcement of the writ of attachment:
 1. By depositing with the court from which the writ was issued;
 2. By giving a counter-bond executed to the applicant, in an amount equal to the bond fixed by
the court in the order of attachment or to the value of the property to be attached, exclusive of
costs; or
 3. By raising the defense that the property covered is exempt from execution.
 A writ of attachment already enforced may be discharged in the following ways:
 1. File a motion to discharge the attachment, make a cash deposit and file a counter-bond
executed to the attaching party equal to the amount fixed by the court in the order of
attachment, exclusive of the costs;
 Respect to a particular property only, the counter-bond shall be equal to the value of that
property only as determined by the court. A notice of the deposit shall be served on the
attaching party. The court shall, after due notice and hearing, order the discharge of
attachment.
 Should the counter-bond be found to be or become insufficient, and the party furnishing
the same fail to file an additional counter-bond, the attaching party may apply for a new
order of attachment.
 2. By filing a motion to set aside or discharge the bond without the need to file a counter-bond
based on the following grounds:
 a. The attachment was improperly or irregularly issued;
 b. The bond is insufficient;
 c. The attachment is excessive, wherein the discharge shall be limited to the excess
 d. The property is exempt from execution; or
 e. Judgment is rendered against the attaching party
 The motion may be filed (i) before levy, (ii) after levy, or (iii) even after the release of the attached
property. If the motion be made on affidavits on the part of the movant but not otherwise, the
attaching party may oppose the motion by counter-affidavits or other evidence in addition to that
on which the attachment was made.
 After due notice and hearing, the court shall order the setting aside or the corresponding discharge
of the attachment.
 An ex parte discharge or suspension of the attachment is a disfavor to the orderly administration of
justice and nullifies the underlying role and purpose of preliminary attachment in preserving the
rights of parties as an ancillary remedy
 Counterbonds - replacements of the property formerly attached, and just as the latter, may be
levied upon after final judgment.
 Mere posting of the counter-bond does not automatically discharge the writ of attachment. It is only
after the hearing and after judge orders the discharge of attachment that the same is properly
discharged.
 Effects if the judgment was rendered in favor of the party against whom attachment was issued
 1. The order of attachment will be discharged and all the proceeds of sales and money
collected or received by the sheriff, under the order of attachment, and all property attached
remaining in any such officer’s hands, shall be delivered to the party against whom attachment
was issued.
 2. The whole sum deposited must be refunded to him or his assignee if the party against whom
attachment had been issued has deposited money instead of giving counterbond.
 Judgment against the surety is not sound if due notice was not given to him of the application for
damages. Moreover, the judgment against the surety cannot exceed the amount of its counterbond.
 Duty of the surety or sureties on counterbond when the judgment becomes executory - shall
become charged on such counter-bond and bound to pay the judgment obligee upon demand the
amount due under the judgment, which amount may be recovered from such surety or sureties
after notice and summary hearing in the same action.
 Damages for a wrongful attachment - Damages may be awarded on account of improper, irregular
or excessive attachment.
 Damages may be claimed even by the losing party where the attachment caused him damage
because the attachment was improper, irregular or excessive. An improper, irregular or excessive
attachment is not validated by the fact that the attaching party prevailed in the main action.
 Application for damages
 1. Before the trial;
 2. Before appeal is perfected; or
 3. Before the judgment becomes executory.
 If the case is on appeal and the judgment of the appellate court is favorable to the party against
whom the attachment was issued, he must claim damages sustained during the pendency of the
appeal by filing an application with the appellate court with due notice to the attaching party and
his surety of sureties
 SATISFACTION OF JUDGMENT OUT OF PROPERTY ATTACHED - If judgment is in favor of the
attaching party and execution has issued thereon, the sheriff may cause the judgment to be satisfied
out of the property attached, if it be sufficient for that purpose, in the following manners:
 1. Payment to judgment obligee the proceeds of all sales of perishable or other property in
pursuance of the order of the court or so much necessary to satisfy the judgment;
 2. If any balance remains, selling so much of the property, real or personal, as may be necessary
to satisfy the judgment;
 3. Collecting from all persons having possession of credits belonging to the judgment obligor or
debts belonging to the latter at the time of the attachment and paying the proceeds to
judgment obligee
 4. Ordinary execution
 If it remains unsatisfied, recovery may be had on the counter-bond upon demand and notice and
hearing to surety
 When the property attached is not sufficient to satisfy the judgment - Any balance shall remain
due and the sheriff must proceed to collect such balance as upon ordinary execution.
 When there is excess after applying the proceeds thereof - the sheriff, upon reasonable demand,
must return to the judgment obligor the attached property remaining in his hands, and any
proceeds of the sale of the property attached not applied to the judgment.
 When the party against whom attachment had been issued deposited money instead of giving
counter-bond – it shall be applied under the direction of the court to the satisfaction of any
judgment rendered in favor of the attaching party, and after satisfying the judgment, the balance
shall be refunded to the depositor or his assignee.
C. Preliminary Injunction (Rule 58)
 An order granted at any stage of an action or proceeding prior to the judgment or final order,
requiring a party or a court, agency or person to:
 1. Refrain from a particular act or acts (Preliminary prohibitory injunction); or
 2. To require the performance of a particular act or acts. (Preliminary mandatory injunction)
 Requisites for issuance of writ of preliminary injunction whether mandatory or prohibitory
injunction
 1. Clear and unmistakable right, that is a right in esse;
 2. Material and substantive invasion of such right;
 3. An urgent need to issue the writ in order to prevent irreparable injury to the applicant; and
 4. No other ordinary, speedy, and adequate remedy exists to prevent the infliction of
irreparable injury
 Nature - Ancillary or preventive remedy
 As a rule, courts cannot enjoin an agency from performing an act within its prerogative, except
when in the exercise of its authority, it gravely abused or exceeded its jurisdiction. Administrative
decisions on matters within the executive jurisdiction can be set aside on proof of grave abuse of
discretion, fraud, or error of law, and in such cases, injunction may be granted.
 A petition for a preliminary injunction is an equitable remedy, and one who comes to claim for
equity must do so with clean hands.
 An action for injunction, the auxiliary remedy of preliminary injunction, whether prohibitory or
mandatory, may issue. Under the present state of the law, the main action of injunction seeks a
judgment embodying a final injunction which is distinct from and should not be confused with the
provisional remedy of preliminary injunction, the sole object of which is to preserve the status quo
until the merits can be heard.
 Purpose - To preserve and protect certain rights and interests during the pendency of an action. Its
objective is to preserve the status quo until the merits of the case can be fully heard.
 Resorted to only when there is a pressing necessity to avoid injurious consequences which cannot
be remedied under any standard of compensation.
 Status quo is the last actual, peaceable and uncontested status which precedes a controversy. It is
the situation existing at the time of the filing of the case.
 Showing of Clear Legal Right - contemplates a right “clearly founded in or granted by law.”
 May be granted only where the plaintiff appears to be clearly entitled to the relief sought and has
substantial interest in the right sought to be defended. While the existence of the right need not be
conclusively established, it must be clear.
 Two requisites must concur for injunction to issue: (1) there must be a right to be protected and (2)
the acts against which the injunction is to be directed are violative of said right.
 Quantum of evidence required in a preliminary injunction - applicant is required to show only that
he has an ostensible right to the final relief prayed for in his complaint.
 Findings of the trial court granting or denying a petition for a writ of preliminary injunction based on
the evidence on record are merely provisional until after the trial on the merits of the case shall
have been concluded
 Who may grant preliminary injunction
 1. Supreme Court in its original and appellate jurisdiction;
 2. Court of Appeals;
 3. Trial Court in cases pending before it;
 4. Sandiganbayan;
 5. Court of Tax Appeals.
 Requisites of writ of preliminary injunction or temporary restraining order
 1. Verified application stating the grounds for its issuance
  2. Applicant must establish: i) the existence of a right that must be protected and ii) an urgent
and paramount necessity for the writ to prevent serious damage;
 3. establish that there is a need to restrain the commission or continuance of the acts
complained of and if not enjoined would work injustice to the applicant;
 4. post a bond, unless exempted by the court.
 5. Notice and hearing are required.
 GR: Contemporaneous service of summons;
 XPNs:
 a. Summons could not be served personally or by substituted service;
 b. Adverse party is a resident but is temporarily absent from the Philippines; or
 c. Adverse party is a non-resident of the Philippines
 RTC can issue an injunction without the posting of a bond - injunction issued is a final injunction
 Kinds of Injunctions; Kinds of Temporary Restraining Order
 PRELIMINARY INJUNCTION (Sec. 1, Rule 58) - order granted at any stage of the action prior to the
judgment or final order therein
 FINAL INJUNCTION (Sec. 9, Rule 58) - Issued in the judgment in the case permanently restraining
the defendant or making the preliminary injunction permanent
 PRELIMINARY PROHIBITORY INJUNCTION - Provisional remedy; It is not a cause of action itself but
merely an adjunct to a main suit; Seeks to preserve the status quo until the merits can be heard
 MAIN ACTION FOR INJUNCTION - Independent/Primary Action; Independent/Primary Action
 PRELIMINARY PROHIBITORY INJUNCTION - prevent a person from the performance of an act; act
has not yet been performed; Status quo is restored.
 PRELIMINARY MANDATORY INJUNCTION - require a person to perform a particular act.; act has
already been performed and this act has violated the rights of another; Status quo is restored.
 Requisites
 1. Material and substantial invasion of right;
 2. Clear and unmistakable right of complainant;
 3. Urgent and paramount necessity for the writ to prevent serious damages
 4. The effect would not be to create a new relation between the parties
 PROHIBITORY INJUNCTION - PROHIBITORY INJUNCTION; Directed against a party litigant in the
action; does not involve the jurisdiction of the court.
 PROHIBITION - Special Civil Action, Rule 65.; Directed against a court, tribunal or person exercising
judicial powers; on the ground that the court against whom the writ is sought acted without or in
excess of jurisdiction
 Instances when mandatory injunction does not lie
 1. To compel cohabitation
 2. Cancellation of attachment
 3. Release imported goods pending hearing before the Commissioner of Customs
 4. To take property out of the possession or control of one party and place it into that of
another whose title has not clearly been established.
 Instances when mandatory injunction does not lie
 1. To compel cohabitation
 2. Cancellation of attachment
 3. Release imported goods pending hearing before the Commissioner of Customs
 4. To take property out of the possession or control of one party and place it into that of
another whose title has not clearly been established.
 Ex parte writ of preliminary injunction - No preliminary injunction shall be granted without hearing
and prior notice to the party or person sought to be enjoined. The reason is that a preliminary
injunction may cause grave and irreparable injury to the party enjoined
 If it shall appear from facts shown by affidavits or by the verified application that great or
irreparable injury would result to the applicant before the matter can be heard on notice, the court
may issue ex parte a TRO (72 hours).
 Matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury,
court may issue ex parte a temporary restraining order effective for only 72 hours; immediately
comply with the provisions as to service of summons and the documents to be served therewith;
within the aforesaid 72 hours; conduct a summary hearing to determine whether the temporary
restraining order shall be extended until the application for preliminary injunction can be heard; In
no case shall the total period of effectivity of the temporary restraining order exceed 20 days,
including the original seventy-two (72) hours.
 Application for preliminary injunction is denied or not resolved within the said period, the
temporary restraining order is deemed automatically vacated.
 Court cannot issue a writ of preliminary injunction based solely on the applicant’s evidence. It
commits grave abuse of discretion when it issues such writ prior to the termination of the
presentation of evidence by the party against whom the injunction shall be issued.
 “No preliminary injunction shall be granted without hearing and prior notice to the party or person
sought to be enjoined." Here, petitioner was not only not impleaded as party to the case, but that it
was never given prior notice regarding the writ of injunction.
 Instances when a writ of preliminary injunction may be issued
 1. In petitions for relief from judgment entered through FAME;
 2. In petitions for certiorari, prohibition, and mandamus;
 3. In actions for annulment of judgments obtained through fraud;
 4. In actions for annulment of judgment which are not patent nullity (i.e. want of jurisdiction,
lack of due process of law)
 5. To restrain continued breach of valid negative obligation;
 6. To enjoin repeated trespass on land;
 7. To restrain city from proceeding with abatement of nuisance per accidens before it has been
judicially declared as such;
 8. To restrain voting of disputed shares of stocks; and
 9. To restrain the sheriff from selling property on execution not belonging to the judgment
debtor.
 A writ of preliminary mandatory injunction will not be set aside unless it was issued with grave
abuse of discretion.
 As a rule, no TRO/WPI shall be issued against the extrajudicial foreclosure of real estate mortgage on
the allegation that the interest on the loan is unconscionable. However, a TRO/WPI may be issued if
the debtor pays the mortgagee the 6% required interest on the principal obligation as stated in the
application for foreclosure sale, which shall be updated monthly.
 Issuance of writ of injunction to enjoin criminal prosecution
 GR: A writ of injunction cannot be issued to enjoin criminal prosecution. Public interest requires that
criminal acts be immediately investigated and prosecuted for the protection of society
 XPNs:
 1. afford adequate protection to the constitutional rights of the accused;
 2. necessary for the orderly administration of justice or to avoid oppression or multiplicity of
actions;
 3. prejudicial question which is subjudice;
 4. acts of the officer are without or in excess of authority;
  5. prosecution is under an invalid law, ordinance or regulation;
 6. double jeopardy is clearly apparent;
 7. court has no jurisdiction over the offense;
 8. case of persecution rather than prosecution;
 9. charges are manifestly false and motivated by the lust for vengeance;
 10. clearly no prima facie case against the accused and a motion to quash on that ground has
been denied;
 11. Preliminary injunction has been issued by the SC when there is a need to prevent the
threatened unlawful arrest of petitioners.
 Second application for preliminary injunction - rests in the sound discretion of the court, will
ordinarily be denied unless it is based on facts unknown at the time of the first application
 Actions where Preliminary Injunction will not lie
 1. Against the DPWH to stop government infrastructure projects;
 XPNs:
 a. Extreme urgency;
 b. Matter involves a constitutional issue;
 c. Grave injustice and irreparable injury will arise;
 d. When it is the SC which will issue the writ of preliminary injunction.

 Only the SC may issue injunction against the government, its officials or any person or
entity whether public or private acting under the government direction, to restrain,
prohibit, or compel acts pursuant to the implementation and completion of
infrastructure projects
 2. Act/s perpetrated outside the inferior courts’ territorial jurisdiction;
 3. Against judgments of coordinate courts and quasi-judicial bodies of equal rank;
 4. Issuance will effectively dispose of the main case without trial and/or due process;
 5. Labor disputes;
 6. In issuance of licenses, or concessions as to disposition, exploitation, utilization, exploration
and/or development of natural resources;
 7. Implementation of Comprehensive Agrarian Reform Program, collection of taxes, criminal
prosecutions;
 8. GR: Mandatory foreclosure of a mortgage by a government financial institution is a proper
subject of preliminary injunction
XPN: When it is established after hearing that 20% of outstanding arrearages is paid after the
filing of the foreclosure proceedings, preliminary injunction will not lie.
 9. GR: Act/s sought to be enjoined already consummated;
XPN: Acts which are continuing in nature and were in derogation of plaintiff’s rights at the
outset, preliminary mandatory injunction may be availed of to restore the parties to the status
quo
 10. GR: To transfer the property in litigation from the possession of one party to another where
the legal title is in dispute and the party having possession asserts ownership thereto.
XPN: Forcible entry and unlawful detainer cases – preliminary mandatory injunction may be
issued.
 11. Generally, injunction will not be granted to take property out of the possession of one party
and place it in another whose title not clearly established;
 12. When action for damages would adequately compensate injuries caused;
 13. To prevent directors from discharging their offices and restoring former directors
  14. To restrain criminal prosecution where the Ombudsman had authorized the Special
prosecutor to conduct a preliminary investigation or to file an injunction;
 15. To restrain the enforcement of a law alleged to be unconstitutional except if it will result in
injury to rights in private property;
 16. GR: To restrain collection of taxes.
XPN: There are special circumstances that bear the existence of irreparable
 Grounds For Issuance of Preliminary Injunction
 1. Applicant is entitled to the relief demanded, and the whole or part of such relief consists in
restraining the commission or continuance of the act or acts complained of, or in requiring the
performance of an act or acts either for a limited period or perpetually;
 2. Commission, continuance or non-performance of the act or acts complained of during the
litigation would probably work injustice to the applicant; or
 3. A party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring
or suffering to be done some act or acts probably in violation of the rights of the applicant
respecting the subject of the action or proceeding, and tending to render the judgment
ineffectual
 Dissolution of Writ of Preliminary Injunction or Restraining Order - party enjoined may file a
motion to dissolve the injunction or TRO with notice and hearing of the motion upon showing by
affidavits that the person enjoined would suffer irreparable damage while the applicant can be fully
compensated for such damages as he may suffer.
 Movant must also file a bond conditioned upon payment of all damages which the applicant may
suffer by the dissolution of the injunction or restraining order
 Grounds for objections or dissolution of Injunction or Restraining Order
 1. Insufficiency of application for injunction or restraining order. The application may be
considered insufficient if it is not verified and supported by any of the grounds
 2. Issuance or continuance of injunction or restraining order causes irreparable injury while
applicant may be fully compensated for damages by the bond filed by the person sought to be
enjoined;
 3. Extent of injunction or restraining order is too great; Effect: Modification
 4. Insufficiency or defective bond
 Filing of verified motion and bond as well as hearing is required.
 Duty of the Court within 20-day period:
 1. order said party or person to show cause why the injunction should not be granted
 2. shall determine whether the preliminary injunction shall be granted and then issue the
corresponding order
 Writ of prohibition will not lie to enjoin acts already done. However, as an exception to the rule on
mootness, courts will decide a question otherwise moot if it is capable of repetition yet evading
review.
 Preliminary Injunction or TRO in cases involving Government Infrastructure Projects
 GR: No court, except the Supreme Court shall issue any TRO, preliminary injunction or
preliminary mandatory injunction against the government
 1. Acquisition, clearance and development of the right-of-way and/or site or location of
any national government project;
 2. Bidding or awarding of contract/ project of the national government
 3. Commencement prosecution, execution, implementation, operation of any such
contract or project;
 4. Termination or rescission of any such contract/project
 5. The undertaking or authorization of any other lawful activity necessary for such
contract/project.
  Any TRO or preliminary injunction issued in violation of Sec. 3 is void and of no force and
effect
 XPNs: The prohibition does not apply when:
 1. The matter is of extreme urgency involving a constitutional issue; and
 2. Grave injustice and irreparable injury will arise unless a temporary restraining order is
issued. In this case, the applicant shall file a bond in an amount to fixed by court and which
shall accrue in favor of the government if the court should finally decide that the applicant
was not entitled to the relief sought.
 Imposes a penalty on a judge who issues a TRO in violation of Sec. 3 of R.A. No. 8975. In addition to
any civil and criminal liability he or she may incur, the judge may suffer the penalty of suspension for
at least 60 days without pay.
 RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF SUMMONS IN RELATION TO ATTACHMENT
 GR: There must be proof of prior or contemporaneous service of summons with a copy of the
complaint or initiatory pleading and applicant’s affidavit and bond on the adverse party.
 XPN: When summons could not be served upon the defendant either in person or by
substituted service despite diligent efforts or when the defendant is temporarily out of the
Philippines or when he or she is a non-resident, the requirement of prior contemporaneous
service shall not apply
 TRO is effective for a period (Days): RTC – 20; CA – 60; SC – Until lifted
 Matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury – 72
hours

D. Receivership (Rule 59)

 Provisional remedy wherein the court appoints a representative to preserve, administer, dispose of and
prevent the loss or dissipation of real or personal property during the pendency of an action
 It can be availed of even after the judgment has become final and executory as it may be applied for to aid
execution or carry judgment into effect.
 Receivership, like injunction, may also be a principal action as the one referred to in Sec. 4 of Rule 39. Rule
59 is a receivership that is ancillary to a main action.
 Purpose - To prevent imminent danger to the property. The purpose of receivership as a provisional remedy
is to protect and preserve the rights of the parties during:
 1. The pendency of the main action;
 2. During the pendency of an appeal, or;
 3. In the execution of judgment as when the writ of execution has been returned unsatisfied
 Receivership under Rule 59 is directed to the property which is the subject of the action—not to the
receivership authorized under the banking laws and other rules or laws. Rule 59 presupposes that there is
an action wherein preservation is needed for the subject property.
 When to file Receivership
 1. At any stage of the proceedings;
 2. Even after finality of judgment.
 CASES WHEREIN A RECEIVER MAY BE APPOINTED
 Receiver - a person appointed by the court on behalf of all the parties to the action for the purpose of
preserving and conserving the property in litigation and of preventing its possible destruction if it were left
to any of the parties.
 A party to an action may not be appointed as a receiver unless consented to by all parties.
 Necessary since the court is not provided with adequate machinery and resources for dealing with the
situation presented by the appointment of a receiver and all the details connected therewith
 Who may appoint a Receiver
  1. Court where action is pending;
 2. Court of Appeals; or
 3. Supreme Court or a member thereof
 During the pendency of an appeal, the appellate court may allow an application for the appointment of a
receiver to be filed in and decided by the court of origin and the receiver appointed to be subject to the
control of the latter court.
 Cases that justify when Receiver may be appointed
 1. The applicant has an interest in the property or fund subject of the proceeding and such property is
in danger of being lost, removed, or materially injured;
 2. In foreclosure of mortgage when the property is in danger of being wasted, dissipated, or materially
injured, and that its value is probably insufficient to discharge the mortgage debt or that it has been
agreed upon by the parties;
 3. After judgment, to preserve the property during the pendency of an appeal, or to dispose it
according to the judgment, or in aid of execution when execution has remained unsatisfied;
 4. In other cases, where the appointment of a receiver is the most convenient and feasible means of
preserving, administering, or disposing the property.
 Instances when receivership will not lie
 1. On a property in custodia legis. However, a receiver can be appointed where a property in custody of
an administrator or executor is in danger of imminent loss or injury.
 2. Where the action is merely to obtain a money judgment on unpaid credits and not to enforce a lien
upon specific property or funds in the possession of the defendant
 3. In actions involving possession of or title to real property, the appointment of receiver may be made
only if there is clear necessity to protect the applicant from grave or irremediable damages.
 Effect of a contract executed by a Receiver without court approval - will constitute his personal
undertakings and obligations.
 Liability of a person who refuses or neglects to deliver property to the Receiver - punished for contempt
and shall be liable to the receiver for the money or the value of the property and other things so refused or
neglected to be surrendered, together with all damages that may have been sustained by the party or
parties entitled thereto as a consequence of such refusal or neglect.
 Requisites
 1. an existing interest in the property or funds subject of the action and the property or funds is in
danger of being lost, wasted or dissipated;
 2. an existing interest in the property or funds subject of the action and the property or funds is in
danger of being lost, wasted or dissipated;
 3. with notice and hearing;
 4. post a bond executed to the party against whom the application is presented
 5. Receiver must be sworn to perform his duties faithfully and shall file a bond
 Requirements before issuance of an Order appointing a Receiver - applicant must file a bond executed to
the party against whom the application is presented in an amount fixed by the court. The bond is
undertaken to the effect that the applicant will pay the other party damages that he or she may sustain by
reason of the appointment of the receiver.
 Court, in its discretion, may require an additional bond for further security for damages.
 General Powers of a Receiver
 1. Bring and defend in his or her capacity as a receiver, actions in his or her own name;
 2. Take and keep possession of the property in controversy;
 3. Receive rents;
 4. Collect debts due to himself or herself as receiver or to the fund, property, estate, person or
corporation of which he or she is a receiver;
  5. Compound for and compromise debts collected;
 6. Make transfers;
 7. Pay outstanding debts;
 8. Divide money and other property that shall remain among the persons legally entitled to receive the
same;
 9. Do such acts respecting the property as the court may authorize; and
 10. Invest funds in his or her hands only by order of the court upon the written consent of all the
parties
 Two kinds of bonds in receivership
 1. Applicant’s Bond - the bond required before the appointment of a receiver
 2. Receiver’s Bond – the bond required to be filed by the receiver before entering upon his duties as
such to the effect that he or her will faithfully discharge his duties in the action and to obey the order of
the court
 A counterbond may be filed by the adverse party executed to the applicant, in an amount to be fixed by the
court, to the effect that such party will pay the applicant all damages he may suffer by reason of the acts,
omissions, or other matters specified in the application as ground for such appointment in which case, the
application may be denied, or the receiver discharged, when the adverse party files a bond.
 Termination of Receivership
 1. Posting of counterbond by adverse party (insufficient or defective, receiver may be re-appointed.)
 2. Made without sufficient cause
 3. Insufficient or defective applicant’s bond
 4. Insufficient or defective receiver’s bond
 5. No longer necessary
 How is Receivership Terminated
 1. court motu propio or on motion by either party;
 2. Based on the following grounds: a. Necessity for receiver no longer exists; b. Receiver asserts
ownership over the property.
 Court, after due notice and hearing to all interested parties, shall settle the accounts of the receiver, direct
the delivery of funds in his possession to the person adjudged to be entitled to receive them, and order the
discharge of the receiver.
 Suits against a Receiver - No action may be filed against a receiver without leave of the court which
appointed him.
 Any action filed against a receiver without the requisite judicial authority may be dismissed upon proper
motion for failure to comply with a condition precedent
 A verified application for the appointment by the court of one or more receivers. Receivership is proper in
an action by the mortgagee for the foreclosure of a mortgage when it appears that the property is in danger
of being wasted or dissipated or materially injured and that its value is probably insufficient to discharge the
mortgage debt.
E. Replevin (Rule 60)
 May be a principal remedy or a provisional relief.
 1. As a main action- seeks to regain the possession of personal chattels being wrongfully detained from
the plaintiff
 2. As a provisional remedy- to allow the plaintiff to retain the thing during the pendency of the action
and hold it pendente lite.
 Nature - primarily possessory in nature and generally determines nothing more than the right of possession.
 Replevin is so usually described as a mixed action, being partly in rem and partly in personam – in rem
insofar as the recovery of specific property is concerned, and in personam as regards to damages involved.
As an “action in rem”, the gist of the replevin action is the right of the plaintiff to obtain possession of
 specific personal property by reason of his or her being the owner or of his or her having a special interest
therein.
 Machineries bolted to the ground are real properties that may not be the subject to replevin
 When may a writ of replevin be issued - may only be obtained when the defendant in the action has not
yet filed his answer to the complaint where it is necessary to:
 1. Protect plaintiff’s right of possession to property; or
 2. Prevent defendant from destroying, damaging or disposing of the property.
 Writ of Replevin may be served anywhere in the Philippines..
 Requisites
 1. filed at the commencement of the action or at any time before the defendant answers
 2. contain an affidavit where the applicant particularly describes the property that he is the owner of
the property or that he is entitled to the possession thereof
 property is wrongfully detained by the adverse party; alleging the cause of detention according to
applicant’s knowledge, information and belief
 property has not been distrained or taken for tax assessment or fine, or seized by writ of
execution, preliminary attachment, or placed in custodia legis, or if so seized, that is exempt or
should be released from custody
 Actual market value of the property
 3. give a bond, executed to the adverse party in double the value of the property as stated in the
affidavit
 The applicant need not be the owner of the property. It is enough that he or she has a right to its
possession.
 In a complaint for replevin, the claimant must convincingly show that he is either the owner or clearly
entitled to the possession of the object sought to be recovered. By entrusting the vehicle to Frankie, William
constituted the former his agent, who by acting in the latter’s behalf, was able to sell the vehicle. Since
Frankie was able to sell the subject vehicle, William thus ceased to be the owner thereof. Nor is William
entitled to the possession of the vehicle; together with his ownership, William lost his right of possession
over the vehicle. Considering that he was no longer the owner or rightful possessor of the subject vehicle at
the time he filed the case, he may not seek a return of the same through replevin
 Replevin Bond – For:
 a) return of the property to the adverse party if such return is adjudged;
 b) payment to the adverse party of such sum as he may recover from the applicant in the action
 It is intended to indemnify the defendant against the loss that he may suffer by being compelled to
surrender the possession of the property pending the action.
 Redelivery of Bond (Filed within 5 days after taking of the property) - Adverse party objects to the
sufficiency of the applicant’s bond or of the surety, at any time before the delivery of the property to the
applicant, the adverse party may file a redelivery bond executed to the applicant, double the value of the
property as stated in the applicant’s affidavit to answer for the return of property if adjudged and pay for
such sum as may be recovered against him.
 Duties of the sheriff upon receipt of the court order
 serve a copy of the writ on the adverse party, together with a copy of the application, affidavit and
bond
 take the property, if it be in the possession of the adverse party, or his agent, and retain it in his
custody;
 property or any part thereof be concealed in a building or enclosure, the sheriff must demand its
delivery, and if itis not delivered, he or she must cause the building or enclosure to be broken open and
take the property into his possession;
 keep it in a secure place
  Within (5) days from the taking of the property, the sheriff shall wait for the move of the adverse party.
If the adverse party does not object or fails to perform acts to effect the return to him or her the
property, the property shall be delivered to the applicant
 Return of the property to defendant
 1. He or she seasonably posts a redelivery bond
 2. Plaintiff’s bond is found to be insufficient or defective and is not replaced with proper bond; and
 3. Property is not delivered to the plaintiff for any reason
 When the property is claimed by a third party
 1. Third party shall file and serve affidavit upon sheriff and applicant stating his or her entitlement to
possession and shall serve the affidavit upon the sheriff while the latter has possession of the property;
 2. Sheriff shall return the property to third person unless applicant files a bond in an amount equal to
the value of the property approved by court to indemnify the third person; and
 3. Claim for damages upon said bond must be filed within 120 days from date of filing of the bond.
 When the bond is filed, the sheriff shall not be liable for damages for the taking or keeping of such property.
The party-claimant is not precluded from vindicating his claim and may maintain an action and seek
injunctive relief against the sheriff. The applicant is likewise not precluded from claiming damages against
the third party who filed a frivolous or spurious claim in the same or separate action.
 Writ issued in favor of the Republic - filing of such bond shall not be required; sheriff is sued for damages as
a result of replevin, he shall be represented by the Solicitor General, and if held liable therefor, the actual
damages adjudged by the court shall be paid by the National Treasurer out of the funds to be appropriated
for the purpose.

V. Special Civil Actions

A. Jurisdiction and Venue
 B. Interpleader – Rule 62
 Jurisdiction: MTC – value does not exceed P2M (Personal); P400K (Real); RTC if exceeds
 Venue - plaintiff or any of the principal plaintiffs resides or where the defendant or any of the principal
defendants resides at the option of the plaintiff
 A special civil remedy whereby a party who has property in his possession but who claims no interest in the
subject, or whose interest, in whole or in part, is not disputed by others, goes to court and asks that
conflicting claimants to the property or obligation be required to litigate among themselves in order to
determine finally who is entitled to the same.
 REQUISITES
 two or more claimants with adverse or conflicting interests upon a subject matter;
 conflicting claims involve the same subject matter and against the same person (plaintiff); and
 plaintiff has no claim upon the subject matter of the adverse claims or if he has an interest at all, such
interest is not disputed by the claimants
 WHEN TO FILE
 GR: An action for interpleader must be filed within a reasonable time after the dispute has arisen,
otherwise it may be barred by laches
 XPN: Where a stakeholder acts with reasonable diligence in view of the environmental circumstances,
the remedy is not barred.
 It is proper when the lessee, for instance, does not know who is entitled to the payment of the rentals due
because of conflicting claims on the property.
 Who may file - by the person against whom the conflicting claims are made
 person who files the complaint shall pay the docket fees and other lawful fees and shall bear the costs and
other litigation expenses even if he has no interest in the subject matter of the action, unless the court shall
order otherwise
 costs, expenses, and attorney’s fees incurred by plaintiff in the action is recoverable from the defendant who
loses in the action and is found by the court to have caused the unnecessary litigation
 costs, expenses, and attorney’s fees incurred by plaintiff in the action is recoverable from the defendant who
loses in the action and is found by the court to have caused the unnecessary litigation
 The remedy is afforded not to protect a person against double liability but to protect him against double
vexation in respect of one liability.
 GROUNDS FOR DISMISSAL
 1. Impropriety of Interpleader
 2. Grounds for a motion to dismiss
 a. Lack of jurisdiction over the subject matter
 b. Litis pendentia
 c. Res judicata
 d. Prescription
 Hernando Ruling: A successful litigant who has secured a final judgment in its favor cannot later be
impleaded by its defeated adversary in an interpleader suit, and compelled to prove its claim anew against
other adverse claimants, as that would in effect be a collateral attack upon the judgment. In other words, an
action for interpleader may not be utilized to circumvent the immutability of a final and executory
judgment.

 C. Declaratory reliefs and Similar reliefs - Rule 63

 Jurisdiction –
 Declaratory relief – RTC, since the subject in a petition for declaratory relief is incapable of pecuniary
estimation
 Similar reliefs under second paragraph, Sec. 1, Rule 63;
 MTC - where the value of the real property does not exceed P400,000.
 RTC – if the value exceeds the above amounts or if the subject matter is exclusively within the
jurisdiction of the RTC
 NOTE: It would be an error to file the petition with the SC which has no original jurisdiction to
entertain a petition for declaratory relief
 Venue - petitioner or the respondent resides at the election of the petitioner
 A special civil action brought by a person interested under a deed, will, contract or other written
instrument or whose rights are affected by a statute, executive order or regulation, ordinance, or any
other governmental regulation before breach or violation thereof, asking the court to determine any
question of construction or validity arising, and for a declaration of his rights or duties thereunder
 Two types of action covered by Rule 63
 1. Petition for declaratory relief; and
 2. Similar remedies:
 a. Action for reformation of an instrument;
 b. Action to quiet title; and
 c. Action to consolidate ownership
 These 3 remedies are considered similar to declaratory relief because they also result in the
adjudication of the legal rights of the litigants, often without the need of execution to carry judgment
into effect
 WHEN MAY THE COURT REFUSE TO MAKE JUDICIAL DECLARATION
 GR: The court, motu proprio or upon motion, may refuse to exercise the power to declare rights and to
construe instruments in any case:
 1. Where a decision would not terminate the uncertainty or controversy which gave rise to the
action; or
 2. Where the declaration or construction is not necessary and proper under the circumstances.
 XPN: In actions falling under special remedies:
 1. Action for reformation of an instrument authorized
 2. Action to quiet title authorized; and
 3. Action to consolidate ownership
 Where the relief sought would be determinative of issues rather than a construction of definite stated
rights, status, and other relations commonly expressed in written instruments, the case is not one for
declaratory judgment. Considering that in a proceeding for declaratory judgment the relief which may
be sought is limited only to a declaration of rights and not a determination or trial of issues, a
declaratory relief proceeding is unavailable where a judgment may be made only after a judicial
investigation of the issues.
 A refusal of the court to declare a right or construe an instrument may be considered as the functional
equivalent of the dismissal of the petition.
 With respect to actions described as “similar remedies,” the court cannot refuse to render a judgment
thereon
 Declaratory judgments are to be distinguished from those which are advisory in character, since they
are res judicata and binding upon the parties and those in privity with them, and from decisions of
abstract or moot questions since they must involve a real controversy
 The enumeration of subject matter is EXCLUSIVE, subject to clear and unambiguous contract or statute
 WHO MAY FILE THE ACTION - Any person: (I-A-C)
 1. Interested under a deed, will, contract or other written instrument
 2. Whose rights are affected by a statute, executive order or regulation, ordinance or any other
governmental regulation
 3. The other parties are all persons who have or claim any interest which would be affected by the
declaration
 Notice shall be sent to the Solicitor General if subject matter involves the validity of a statute, EO or
regulation, ordinance or any governmental regulation.
 In any action involving the validity of a local government ordinance notice shall be sent to the
prosecutor or lawyer of the local government unit.
 REQUISITES OF AN ACTION FOR DECLARATORY RELIEF
 subject-matter of the controversy must be a deed, will, contract, or other written instrument,
statute, executive order or regulation or ordinance;
 terms of said documents and validity thereof are doubtful and require judicial construction
 no breach of the document in question (Otherwise, an ordinary civil action is the remedy)
 an actual justiciable controversy or ripening seeds of one between persons whose interests are
adverse;
 ripe for judicial determination; administrative remedies have been exhausted
 Adequate relief is not available through other means or other forms of action or proceedings.
 When Relief is not Available
 1. To obtain judicial declaration of citizenship;
  2. In actions to resolve political questions;
 3. Those determinatives of the issues rather than a construction of definite status, rights and
relations;
 4. Terms of assailed ordinances are not ambiguous or of doubtful meaning;
 5. In a petition to seek relief from a moot and academic question;
 6. Where the contract or statute on which action is based has been breached;
 7.petition is based on the happening of a contingent event;
 8.petitioner is not the real party in interest;
 9. administrative remedies have not yet been exhausted;
 10. decision does not terminate uncertainty or controversy
 11. Action to assail judgment; and
 12. Action to ask the court to declare filiation and consequently hereditary rights
 Petition for declaratory relief is not proper for the purpose of seeking enlightenment as to the true
import of a judgment. The remedy is to move for a clarificatory judgment.
 Hernando Ruling - petitions for declaratory relief do not apply to cases where a taxpayer questions his
liability for the payment of any tax under any law administered by the BIR. Courts have no jurisdiction
over petitions for declaratory relief against the imposition of tax liability or validity of tax assessments.
Principle deeply embedded in our jurisprudence is that taxes being the lifeblood of the government
should be collected promptly, without unnecessary hindrance or delay. No court shall have the
authority to grant an injunction to restrain the collection of any national internal revenue tax, fee or
charge imposed by the code. Exception to this rule, obtains only when in the opinion of the Court of Tax
Appeals (CTA) the collection thereof may jeopardize the interest of the government and/or the
taxpayer.
 CONVERSION TO ORDINARY ACTION - before the final termination of the case, a breach or violation of
an instrument, or a statute, executive order or regulation, ordinance, or any other governmental
regulation should take place, the action may be converted into an ordinary action
 The law does not require that there shall be an actual pending case. It is sufficient that there is a breach
of law, an actionable violation, to bar a complaint for declaratory relief.
 Third-party Complaint NOT PROPER in actions for Declaratory Relief - third-party complaint is
supposed to seek contribution, indemnity, subrogation or other relief from the third-party defendant in
respect to the claim of the plaintiff against him, and hence it is improper when the main case is for
declaratory relief which purpose is mere interpretation and construction.
 A compulsory counterclaim may be set up - nothing in the nature of a special civil action for
declaratory relief that proscribes the filing of a counterclaim based on the same transaction, deed or
contract subject of the complaint.
 A special civil action is after all not essentially different from an ordinary civil action, except that the
former deals with a special subject matter which makes necessary some special regulation. But the
identity between their fundamental nature is such that the same rules governing ordinary civil suits
may and do apply to special civil actions if not inconsistent with or if they may serve to supplement the
provisions of the peculiar rules governing special civil actions
 PROCEEDINGS CONSIDERED AS SIMILAR REMEDIES
 When to reform Instrument
 there having been a meeting of the minds of the parties to a contract, their true intention is not
expressed in the instrument purporting to embody the agreement, by reason of mistake, fraud,
inequitable conduct or accident
 When a mutual mistake of the parties causes the failure of the instrument to disclose their real
agreement
 one party was mistaken and the other acted fraudulently or inequitably in such a way that the
instrument does not show their true intention
  one party was mistaken and the other knew or believed that the instrument did not state their real
agreement, but concealed that fact from the former
 through the ignorance, lack of skill, negligence or bad faith on the part of the person drafting the
instrument or of the clerk or typist, the instrument does not express the true intention of the
parties,
 parties agree upon the mortgage or pledge of property, but the instrument states that the
property is sold absolutely or with a right of repurchase
 instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon
petition of the injured party
 Remedy if the consent of a party to a contract has been procured by Fraud, Inequitable Conduct, or
Accident - The remedy is not to bring an action for reformation of the instrument but to file an action
for annulment of the contract.
 Reformation of the instrument CANNOT be brought to reform any of the following:
 1. Simple donation inter vivos wherein no condition is imposed;
 2. Wills; or
 3. When the real agreement is void
 4. When one party was mistaken and the other knew or believed that the instrument did not state
their real agreement, but concealed that fact from the former, the instrument may be reformed
 When one of the parties has brought an action to enforce the instrument, he cannot subsequently ask
for its reformation.
 Consolidation of Ownership - action brought to consolidate ownership is not for the purpose of
consolidating the ownership of the property in the person of the vendee or buyer but for the
registration of the property.
 Filing of the petition to consolidate ownership because the law precludes the registration of the
consolidated title without judicial order.
 concept of consolidation of ownership has its origin in the substantive provisions of the law on sales
Under the law, a contract of sale may be extinguished either by legal redemption or conventional
redemption.
 Legal redemption (retracto legal) - statutory mandated redemption of a property previously sold.
 Conventional redemption (pacto de retro) sale is one that is not mandated by the statute but one
which takes place because of the stipulation of the parties to the sale
 The period of redemption may be fixed by the parties in which case the period cannot exceed 10 years
from the date of the contract. In the absence of any agreement, the redemption period shall be 4 years
from the date of the contract
 When the redemption is not made within the period agreed upon, in case the subject matter of the
sale is a real property, Art. 1607 provides that the consolidation of ownership in the vendee shall not be
recorded in the Registry of Property without a judicial order, after the vendor has been duly heard.
 Quieting of Title to Real Property - a situation where the instrument or a record is apparently valid or
effective but is in truth and in fact invalid, ineffective, voidable or unenforceable, and may be
prejudicial to said title to real property
 This action is then brought to remove a cloud on title to real property or any interest therein. It may
also be brought as a preventive remedy to prevent a cloud from being cast upon title to real property or
any interest therein.
 Court which has jurisdiction – MTC – assessed value does not exceed P400K; RTC – exceeds 400K
 Land not declared for taxation purposes value of such property shall be determined by the assessed
value of the adjacent lots
 Review of Judgements of COMELEC and COA – Rule 64 in re Rule 65
 Jurisdiction – SC under Rule 65
 Venue - SC
 D. Petition for Certiorari, Prohibition and Mandamus -Rule 65
 Jurisdiction - RTC; CA; SC; Sandiganbayan, COMELEC in aid of their appellate jurisdiction
 Venue –
 RTC, if it is directed against a municipal trial court, corporation, board, an officer or a person;
 CA or with the SB, whether or not the same is in aid of the court’s appellate jurisdiction;
 only by the CA; If the petition involves an act or an omission of a quasi-judicial agency, unless
otherwise provided by law or the Rules
 exclusively with the COMELEC, in aid of its appellate jurisdiction - In election cases involving an
act or omission of MTC/RTC
 Certiorari - an extraordinary writ annulling or modifying the proceedings of a tribunal, board or officer
exercising judicial or quasi-judicial functions when such tribunal, board or officer has acted without or
in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction, there being no appeal or any other plain, speedy and adequate remedy in the ordinary
course of law.
 Against whom - any tribunal, board or officer exercising judicial or quasi-judicial function
 Ground - alleged to have acted without jurisdiction; in excess of jurisdiction; or with grave abuse
of discretion amounting to lack or excess of jurisdiction.
 Purpose - annul or nullify a proceeding
 Nature - remedy is corrective – to correct usurpation of jurisdiction
 Scope - Extends to discretionary acts.
 When to file: not later than sixty (60) days from notice of the judgment; In case a motion for
reconsideration or new trial is timely filed petition shall be filed not later than sixty (60) day period shall
be counted from notice of the denial of motion.
 petition shall be accompanied by a certified true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification
of non-forum shopping
 Where to file:
 RTC, if it is directed against a municipal trial court, corporation, board, an officer or a person;
 CA or with the SB, whether or not the same is in aid of the court’s appellate jurisdiction;
 only by the CA; If the petition involves an act or an omission of a quasi-judicial agency, unless
otherwise provided by law or the Rules
 exclusively with the COMELEC, in aid of its appellate jurisdiction - In election cases involving an
act or omission of MTC/RTC
 Requisites:
 1. The petition is directed against a tribunal, board or officer exercising judicial or quasi-judicial
functions;
 2. has acted without or in excess of jurisdiction or with grave abuse of discretion
 3. neither appeal nor any plain, speedy and adequate remedy in the ordinary course of law for the
purpose of annulling or modifying the proceeding. There must be capricious, arbitrary and
whimsical exercise of power for it to prosper
 Prohibition - an extraordinary writ commanding a tribunal, corporation, board or person, whether
exercising judicial, quasi-judicial or ministerial functions, to desist from further proceedings when said
proceedings are without or in excess of its jurisdiction, or with abuse of its discretion, there being no
appeal or any other plain, speedy and adequate remedy in the ordinary course of law.
 Against whom - any tribunal, corporation board officer or person exercising judicial, quasi-judicial
or ministerial function.
 Ground – alleged to have acted: without jurisdiction; in excess of jurisdiction; or with grave abuse
of discretion amounting to lack or excess of jurisdiction
 Purpose - desist from further proceeding.
  Nature - preventive and negative – to restrain or prevent usurpation of jurisdiction
 Scope - Extends to discretionary and ministerial acts
 When to file: not later than sixty (60) days from notice of the judgment; In case a motion for
reconsideration or new trial is timely filed petition shall be filed not later than sixty (60) day period shall
be counted from notice of the denial of motion.
 The petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution
subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn
certification of non-forum shopping
 Where to file:
 RTC, if it is directed against a municipal trial court, corporation, board, an officer or a person;
 CA or with the SB, whether or not the same is in aid of the court’s appellate jurisdiction;
 only by the CA; If the petition involves an act or an omission of a quasi-judicial agency, unless
otherwise provided by law or the Rules
 exclusively with the COMELEC, in aid of its appellate jurisdiction - In election cases involving an
act or omission of MTC/RTC
 Requisites:
 impugned act must be that of a tribunal, corporation, board or person;
 respondent must be exercising judicial, quasi-judicial functions or ministerial functions;
 acted without or in excess of its jurisdiction or with grave abuse of discretion amounting to lack of
jurisdiction; and
 no appeal or other plain, speedy and adequate remedy
 Mandamus - an extraordinary writ commanding a tribunal, corporation, board or person, to do an act
required to be done:
 unlawfully neglects the performance of an act which the law specifically enjoins as a duty, and there is
no other plain, speedy and adequate remedy in the ordinary course of law; or
 unlawfully excludes another from the use and enjoyment of a right or office to which the other is
entitled
 Against whom - any tribunal, corporation board officer or person exercising ministerial function.
 Ground: alleged to have unlawfully neglected a ministerial duty; or excluded another from the use of a
right or enjoyment of an office
 Purpose – For respondent to (1) Do the act required; and (2) To pay damage.
 Nature - affirmative or positive (if the performance is ordered) or it is negative (if ordered to desist
from excluding another from a right or office)
 Scope: Only for ministerial acts.
 When to file: not later than sixty (60) days from notice of the judgment; In case a motion for
reconsideration or new trial is timely filed petition shall be filed not later than sixty (60) day period shall
be counted from notice of the denial of motion.
 The petition shall also contain a sworn certification of non-forum shopping
 Where to file:
 RTC, if it is directed against a municipal trial court, corporation, board, an officer or a person;
 CA or with the SB, whether or not the same is in aid of the court’s appellate jurisdiction;
 only by the CA; If the petition involves an act or an omission of a quasi-judicial agency, unless
otherwise provided by law or the Rules
 exclusively with the COMELEC, in aid of its appellate jurisdiction - In election cases involving an
act or omission of MTC/RTC
 Requisites
 a clear legal right to the act demanded;
 duty of the defendant to perform the act because it is mandated by law;
  defendant:
 (a) unlawfully neglects the performance of the duty enjoined by law; or
 (b) unlawfully excludes another from the use and enjoyment of a right or office which such
other is entitled;
 act to be performed is ministerial, not discretionary;
 no appeal or other plain, speedy and adequate remedy in the ordinary course of law.
 A petition for mandamus, invoking the right to a speedy trial. Mandamus is a proper recourse for
citizens who seek to enforce a public right and to compel the performance of a public duty, most
especially when the public right involved is mandated by the Constitution. Besides, it has long been
established in this jurisdiction that the writ of mandamus is available to the accused to compel a
dismissal of the case. Here, the arraignment of Roldan was postponed 19 times over a period of 2
years. Hence, the petition for mandamus is proper in this case
 For a writ of certiorari to issue, a petitioner must not only prove that the tribunal, board or officer
exercising judicial or quasi-judicial functions has acted without or in excess of jurisdiction. He must also
show that there is no plain, speedy and adequate remedy in the ordinary course of law against what he
perceives to be a legitimate grievance. An available recourse affording prompt relief from the injurious
effects of the judgment or acts of a lower court or tribunal is considered a plain, speedy and adequate
remedy.
 By simply alleging grave abuse of discretion amounting to lack or in excess of jurisdiction without
explaining why an appeal could not cure the errors by the CA, petitioner failed to prove that there was
no other plain, speedy, and adequate remedy under the law
 The 60-day period was non-extendible and the CA no longer had the authority to grant the motion for
extension. Court held that the strict observance of the 60-day period to file a petition for certiorari is
not absolute. This Court ruled that absent any express prohibition under Rule 65, a motion for
extension is still permitted, subject to the Court's sound discretion.
 To recapitulate, the recognized exceptions to the strict observance of the aforementioned rule are
encapsulated in the case of Labao v. Flores
 (1) most persuasive and weighty reasons;
 (2) to relieve a litigant from an injustice not commensurate with [their] failure to comply with the
prescribed procedure;
 (3) good faith of the defaulting party by immediately paying within a reasonable time from the
time of the default;
 (4) the existence of special or compelling circumstances;
 (5) the merits of the case;
 (6) a cause not entirely attributable to the fault or negligence of the party favored by the
suspension of the rules;
 (7) a lack of any showing that the review sought is merely frivolous and dilatory;
 (8) the other party will not be unjustly prejudiced thereby;
 (9) fraud, accident, mistake[,] or excusable negligence without appellant's fault;
 (10) peculiar legal and equitable circumstances attendant to each case;
 (11) in the name of substantial justice and fair play;
 (12) importance of the issues involved; and
 (13) exercise of sound discretion by the judge guided by all the attendant circumstances.
 Thus, there should be an effort on the part of the party invoking liberality to advance a reasonable or
meritorious explanation for [their] failure to comply with the rules.
 Hernando Ruling: If the petition involves an act or an omission of a quasi-judicial agency, unless
otherwise provided by law or these rules, the petition shall be filed with and be cognizable only by the
Court of Appeals.”
  It is the duty of the court to dismiss an action whenever it appears that the court has no jurisdiction
over the subject matter; the CA did not err in dismissing the case before the trial court since the latter
did not have jurisdiction over the petition for certiorari filed by petitioner against respondents

3. Exceptions to Filing of Motion for Reconsideration Before Filing Petition

 GR: Motion for reconsideration is required before certiorari can be filed.
 objective of this mandate is to allow the lower court, or tribunal, the opportunity to correct any actual
or perceived error imputed to it
 XPN:
 (a) order is a patent nullity, as where the court a quo had no jurisdiction;
 (b) questions raised in the certiorari proceeding have been duly raised and passed upon by the
lower court, or are the same as those raised and passed upon in the lower court;
 (c) an urgent necessity for the resolution of the question and any further delay would prejudice
the interests of the Government or of the petitioner or the subject matter of the action is
perishable;
 (d) under the circumstances, a motion for reconsideration would be useless;
 (e) petitioner was deprived of due process and there is extreme urgency for relief;
 (f) in a criminal case, relief from an order of arrest is urgent and the granting of such relief by the
trial court is improbable;
 (g) proceedings in the lower court are a nullity for lack of due process;
 (h) proceedings were ex parte, or in which the petitioner had no opportunity to object; and
 (i) issue raised is one purely of law or where public interest is involved.
 Hernando Ruling: under the circumstances, a motion for reconsideration would be useless
 Filing of a written motion for reconsideration before SDT would have been useless, and thus falls on the
exceptions above, precisely because it is prohibited by the Rules Governing Fraternities. Thus, the same
may be dispensed with and should not operate as a bar to the filing of a petition for certiorari, contrary
to the pronouncement of the CA.
 Expediting proceedings; injunctive relief - court in which the petition is filed may issue orders
expediting the proceedings, grant a temporary restraining order or a writ of preliminary injunction for
the preservation of the rights of the parties pending such proceedings. The petition shall not interrupt
the course of the principal case unless a temporary restraining order or a writ of preliminary injunction
has been issued against the public respondent from further proceeding in the case.
 The public respondent shall proceed with the principal case within 10 days from the filing of a petition
for certiorari with a higher court or tribunal, absent a TRO or a Writ of Preliminary Injunction, or upon
its expiration. Failure of the respondent to proceed with the principal case may be a ground for
administrative charge

 E. Quo warranto Rule 66

 Jurisdiction - RTC, CA, Supreme Court, Sandiganbayan in aid of its appellate jurisdiction
 Venue - Where the respondent or any of the respondents resides.
 When the Solicitor General commences the action, it may be brought in the RTC of the City of
Manila, in the CA, or in the SC
 Subject to the principle of Hierarchy of Courts
 Distinguished from Quo Warranto in the Omnibus Election Code
 Issue:
 QW (Rule 66): Legality of the occupancy of the office by virtue of a legal appointment. (Subject of
the petition is in relation to an appointive office)
