CIVIL PROCEDURE I

Cause of Action

Action (synonymous with ―suit‖) is the legal and formal demand of

one‘s right from another person made and insisted upon in a court of jus-
tice (Bouvier‘s Law Dictionary).

Q1. What are the elements of a CAUSE OF ACTION?

A complaint states a cause of action if it sufficiently avers the existence of

the three (3) essential elements of a cause of action, namely:

(a) a right in favor of the plaintiff by whatever means and under

whatever law it arises or is created;
(b) an obligation on the part of the named defendant to respect or not
to violate such right; and
(c) an act or omission on the part of the named defendant violative of
the right of the plaintiff or constituting a breach of the obligation
of defendant to the plaintiff for which the latter may maintain an
action for recovery of damages.
Q2. What is the effect of Failure to State Cause of Action?
Failure to state a cause of action which refers to the insufficiency of the
allegations in the pleading must be raised at the earliest stage as an affir-
mative defense. If not pleaded it shall be deemed waived.

Q3 What is the effect of Lack Cause of Action?

Lack of cause of action which refers to the insufficiency of the

factual basis for the action. (Zuniga-Santos v. Santos-Gran (745 Phil. 171,
177-178 (2014); also see Aquino v. Quiazon, 755 Phil. 793, 808 (2015)) may be raised
as a ground to dismiss at any time after the questions of fact have been
resolved on the basis of stipulations, admissions or evidence presented
by the plaintiff. (See Rule 33, ROC)

JOINDER OF CAUSES OF ACTIONS

Q4. What are the limitation of JOINDER OF SEVERAL CAUSES

OF ACTIONS?
3.1 Limitation of Joinder of causes of action:

a. will not result to misjoinder of parties;

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 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; and

d. Where the claims in all the causes of action are principally for
recovery of money, the aggregate amount claimed shall
be the test of jurisdiction.

Q5 What is SPLITTING OF CAUSE OF ACTION?

(1) It is the act of instituting two or more suits for the same cause of ac-
tion (Sec. 4, Rule 2) . It is the practice of dividing one cause of action into
different parts and making each part the subject of a separate complaint
(Bachrach vs. Icaringal, 68 SCRA 287) . In splitting a cause of action, the
pleader divides a single cause of action, claim or demand into two or
more parts, brings a suit for one of such parts with the intent to reserve
the rest for another separate action (Quadra vs. CA,GR 147593, July 31,
2006). This practice is not allowed by the Rules because it breeds multi-
plicity of suits, clogs the court dockets, leads to vexatious litigation, oper-
ates as an instrument of harassment, and generates unnecessary expenses
to the parties.

Q6 What are the remedies of the defendants against Splitting

Cause of Action?

AT THE OUTSET, the filing of the first may be pleaded in abatement of

the other or others and a judgment upon the merits in any one is avail-
able as a bar to, or a ground for dismissal of, the others ( Sec. 4, Rule 2;
Bacolod City vs. San Miguel, Inc., L -2513, Oct. 30, 1969)

The remedy of the defendant is to file a motion to dismiss upon ground:

1) If the first action is pending when the second action is filed - the MD
is upon ground of litis pendencia, there is another action pending be-
tween the same parties for the same cause. OR

2) If a final judgment had been rendered in the first action when the sec-
ond action is filed - the MD is upon ground res judicata, that the cause
of action is barred by prior judgment.

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TYPE OF ACTIONS

Q 7 What are the types of actions?

A. Action in Personam

In actions in personam, the judgment is for or against a person directly.

[82 Domagas v. Jensen, 489 Phil. 631, 641 (2005) [Per J. Callejo, Sr., Second Division ].
Jurisdiction over the parties is required in actions in personam because
they seek to impose personal responsibility or liability upon a person.
[See Domagas v. Jensen, 489 Phil. 631 (2005) [Per J. Callejo, Sr., Second Division].

B. Action in Rem and (C) Action Quasi in Rem

(1) An action is real when it is founded upon the privity of real estate,
which means that the realty or an interest therein is the subject matter of
the action. The issues involved in real actions are title to, ownership,
possession, partition, foreclosure of mortgage or con-
demnation of real property. TOPP FC
(2) Not every action involving real property is a real action because the
realty may only be incidental to the subject matter of the suit. Example is
an action for damages to real property, while involving realty is a per-
sonal action because although it involves real property, it does not in-
volve any of the issues mentioned.

Courts need not acquire jurisdiction over parties on this basis in in rem
and quasi in rem actions. Actions in remor quasi in remare not directed
against the person based on his or her personal liability.

Due process requires that those with interest to the thing in litigation be
notified and given an opportunity to defend those interests. Courts, as
guardians of constitutional rights, cannot be expected to deny persons
their due process rights while at the same time be considered as acting
within their jurisdiction.

Violation of due process rights is a jurisdictional defect. This court recog-

nized this principle in Aducayen v. Flores. In the same case, this court
further ruled that this jurisdictional defect is remedied by a petition for
certiorari.

Actions in remare actions against the thing itself. They are binding upon
the whole world. [See Muñoz v. Yabut, G.R. No. 142676, June 6, 2011, 650 SCRA
344 [Per J. Leonardo-De Castro, First Division ]. Quasi in rem actions are actions
involving the status of a property over which a party has interest [ Doma-
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gas v. Jensen, 489 Phil. 631, 642 (2005)] . Quasi in rem actions are not binding
upon the whole world. They affect only the interests of the particular
parties.

The phrase, "against the thing," to describe in rem actions is a metaphor.

It is not the "thing" that is the party to an in rem action; only legal or nat-
ural persons may be parties even in in rem actions. "Against the thing"
means that resolution of the case affects interests of others whether di-
rect or indirect. It also assumes that the interests — in the form of rights
or duties — attach to the thing which is the subject matter of litigation.
In actions in rem, our procedure assumes an active vinculum over those
with interests to the thing subject of litigation.

SC sums up the basic rules in Biaco vs. Philippine Countryside Rural

Bank, GR 161417, February 8, 2007 : The question of whether the trial
court has jurisdiction depends on the nature of the action – whether the
action is in personam, in rem, or quasi in rem. The rules on service of
summons under Rule 14 likewise apply according to the nature of the ac-
tion. An action in personam is an action against a person on the basis of
his personal liability. And action in rem is an action against the thing it-
self instead of against the person. An action quasi in rem is one wherein
an individual is named as defendant and the purpose of the proceeding
is to subject his interest therein to the obligation or lien burdening the
property. In an action in personam, jurisdiction over the person of the
defendant is necessary for the court to validly try and decide the case. In
a proceeding in rem or quasi in rem, jurisdiction over the person of the
defendant is not a prerequisite to confer jurisdiction over the res. Juris-
diction over the res is acquired either (1) by the seizure of the property
under legal process, whereby it is brought into actual custody of the law;
or (2) as a result of the institution of legal proceedings, in which the
power of the court is recognized and made effective. Nonetheless, sum-
mons must be served upon the defendant not for the purpose of vesting
the court with jurisdiction but merely for satisfying the due process re-
quirements.

Q8 What is Local and Transitory Actions?

(1) A local action is one founded on privity of estates only and there is no
privity of contracts. A real action is a local action, its venue depends
upon the location of the property involved in litigation.

Actions affecting title to or possession of real property, or interest

therein, shall be commenced and tried in the proper court which has ju-
risdiction over the area wherein the real property involved, or a portion
thereof is situated‖ (Sec. 1, Rule 4) .

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(2) Transitory action is one founded on privity of contracts between the
parties. A personal action is transitory, its venue depends upon the resi-
dence of the plaintiff or the defendant at the option of the plaintiff. A
personal action ―may be commenced and tried 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 non-resident defendant,
where he may be found, at the election of the plaintiff‖ (Sec. 2, Rule 4).

JURISDICTION

Q9 What is the EFFECT OF LACK OF JURISDICTION?

A judgment rendered by a court without jurisdiction is null and

void and may be attacked anytime. It creates no rights and pro-
duces no effect. - (Tan v. Cinco, G.R. No. 213054, June 15, 2016.)

Q10 How is JURISDICTION IS ACQUIRED?

Jurisdiction is acquired as follows:
1. Over the case or action. - Acquired upon payment of the prescribed
docket fees. (Gochan vs. Gochan, G.R. No. 14089, Dec. 13, 2001; see Mer-
cado vs. CA, G.R. No. 150241, Nov. 4, 2004; Meatmasters International
Corp. vs. Lelis Integrated Dev't Corp., G.R. No. 163022, Feb. 28, 2005.)
2. Over the plaintiff or petitioner. — By the filing of the complaint or
other appropriate pleading before the court. (Frias vs. Alcayde, G.R. No.
194262, Feb. 28, 2018; Davao Light & Power Co., Inc.vs. CA, 204 SCRA 343, 348
[1991]; King Mau Wu vs. Sycip, 94 Phil. 784, and 21 CJS 122)

3. Over the defendant or respondent — Acquired by the valid service of

summons or other coercive process upon him or by his voluntary ap-
pearance or submission to the authority of the court. (Rule 14) Generally,
a person voluntarily submits to the court’s jurisdiction when he or she
participates in the trial despite improper service of summons.
4. Over the subject matter of the claim. — Jurisdiction over the subject
matter refers to the power or authority of courts to hear and decide cases
of a general class. It is conferred by the Constitution or by law. It is not
acquired through administrative issuances or court orders. It is not ac-
quired by agreement, stipulation, waiver, or silence. Any decision by a
court, without a law vesting jurisdiction upon such court, is void. [ De Pe-
dro vs. RDC, G.R. No. 194751, November 26, 2014, citing Heirs of Concha v. Lu-
mocso, 564 Phil. 580, 592–593 (2007); Peralta-Labrador v. Bugarin, 505 Phil. 409, 415
(2005)]

5. Over the issues of the case, — Jurisdiction over the issues of the case is
determined and conferred by the pleadings filed in the case by the par-
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ties, or by their agreement in a pre-trial order or stipulation, or, at times,
by their implied consent, as the failure of a party to object to evi-
dence on an issue not covered by the pleadings, as provided in Section 5,
Rule 10, RoC1

6. Over the res (or the property or thing which is the subject of the litiga-
tion). - The court may acquire jurisdiction over the res by the actual or
constructive seizure by the court of the thing in question, thus putting it
in custodia legis, as in attachment or garnishment, or by provision of law
which recognizes in the court the power to deal with the property or
subject matter within its territorial jurisdiction, as in land registration
proceedings or suits involving civil status or real property in the Philip-
pines of a non-resident defendant.2

Q11 What is the effect of estoppel on objection to ju-

risdiction?
(1) The active participation of a party in a case is tantamount to recogni-
tion of that court‘s jurisdiction and will bar a party from impugning the
court‘s jurisdiction. Jurisprudence however, did not intend this state-
ment to lay down the general rule. (Lapanday Agricultural & Develop-
ment Corp. v. Estita, 449 SCRA 240; Mangaiag v. Catubig-Pastoral, 474
SCRA 153) .

The Sibonghanoy applies only to exceptional circumstances. The general

rule remains: a court‘s lack of jurisdiction may be raised at any stage of
the proceedings even on appeal (Francel Realty Corp. v. Sycip, 469
SCRA 424; Concepcion v. Regalado , GR 167988, Feb. 6, 2007).

(2) The doctrine of estoppels by laches in relation to objections to juris-

diction first appeared in the landmark case of Tijam vs. Sibonghanoy, 23
SCRA 29 , where the SC barred a belated objection to jurisdiction that
was raised only after an adverse decision was rendered by the court
against the party raising the issue of jurisdiction and after seeking affir-
mative relief from the court and after participating in all stages of the
proceedings. This doctrine is based upon grounds of public policy and is
principally a question of the inequity or unfairness of permitting a right
or claim to be enforced or asserted.

(3) The SC frowns upon the undesirable practice of submitting one‘s case
for decision, and then accepting the judgment only if favorable, but at-
tacking it for lack of jurisdiction if it is not ( BPI v. ALS Mgt. & Devt. Corp.,
427 SCRA 564) .

1 De Joya vs. Marquez, G.R. No. 162416, Jan. 31, 2006, citing Regalado, Remedial Law
Compendium, vol. 1, 1997 ed., p. 7.
2 De Joya vs. Marquez, ibid., citing Regalado, ibid., p. 7; see Sec. 15, Rule 14, Sec. 9 [c], Rule
39, Sec. 1, Rule 57.
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Q12 How is Jurisdiction over the issues is acquired?

1. A Generally, jurisdiction over the issues is conferred and determined

by the pleadings of the parties. The pleadings present the issues to be
tried and determine whether or not the issues are of fact or law.

2. Jurisdiction over the issues may also be determined and conferred by

stipulation of the parties as when in the pre-trial, the parties enter into
stipulations of facts and documents or enter into agreement simplifying
the issues of the case.

3. It may also be conferred by waiver or failure to object to the presenta-

tion of evidence on a matter not raised in the pleadings. Here the parties
try with their express or implied consent issues not raised by the plead-
ings. The issues tried shall be treated in all respects as if they had been
raised in the pleadings.

D. JURISDICTION O F F RTC in Civil Cases

Q 13. In civil cases are within the Exclusive Original Jurisdiction RTC?

a) The subject of the litigation is incapable of pecuniary estimation.

b) In all civil actions which involve the title to, or possession

of, real property, or any interest therein, where the assessed
value exceeds Four hundred thousand pesos (P400,000.00),
except for forcible entry into and unlawful detainer;

c) In all actions in admiralty and maritime jurisdiction where

the demand or claims exceeds P2,000,000.00;

d) In all matters of probate, both estate and intestate, where

the gross value of the estate exceeds P2,000,000.00;

e) In all actions involving the contract of marriage and marital

relations;

f) In all cases not within the exclusive jurisdiction of any court, tri-
bunal, person, or body exercising judicial or quasi-judicial
functions;3

g) In all civil actions and special proceedings falling within the ex-
clusive original jurisdiction of a Juvenile and Domestic

3 see Durisol Philippines, Inc. vs. CA, 427 Phil. 604 (2002); Gonzales VS. GJH Land, Inc., G.R.
No. 202664, Nov. 20, 2015.
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 Relations Court and of the Court of Agrarian Relations as now pro-
vided by law;4

h) In all other cases in which the demand, exclusive of interest,

damages of whatever kind, attorney’s fees, litigation expenses
and costs or the value of the property in controversy exceeds
P2,000,000.00.”

i) In an action to annul the judgment or final order of a

Municipal Trial Court.

2. CONCURRENT Jurisdiction

Q14: What cases are within the concurrent Jurisdiction of

RTC with the Supreme Court and Court of Appeals:

i. Over petitions for certiorari, prohibition, and

mandamus against the Municipal Trial
Courts and other bodies; and
ii. Over petitions for quo warranto and habeas corpus.

Q15 What cases are with the concurrent Jurisdiction of RTC

and the Supreme Court alone. —

actions affecting ambassadors and other public

ministers and consuls.

E. JURISDICTION OF MUNICIPAL TRIAL COURTS

Q16 What cases are belonging to Exclusive Original Juris-

diction of MTC.

a) Civil actions and probate proceedings, testate and in-

testate, including the grant of provisional remedies in proper
cases, where the value of the personal property, estate, or
amount of the demand does not exceed P2,000,000.00, exclusive
of interest, damages of whatever kind, attorney’s fees, litigation
expenses, and costs, the amount of which must be specifically
alleged: Provided, That interest, damages of whatever kind, at-
torney’s fees, litigation expenses, and costs shall be included in
the determination of the filing fees: Provided, further, That
where there are several claims or causes of actions between the
same or different parties, embodied in the same complaint, the

4 see Sec. 5, RA 8369.

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 amount of the demand shall be totality of the claims in all the
causes of action, irrespective of whether the causes of action
arose out of the same or different transactions;

b) Forcible entry and unlawful detainer cases.

c) All civil actions which involve title to, or possession of,

real property, or any interest therein where the assessed value
of the property or any interest therein does not exceed
P400,000.00 exclusive on interest, damages of whatever kind, at-
torney’s fees, litigation expenses and costs: Provided, That in
cases of land not declared for taxation purposes, the value of
such property shall be determined by the assessed value of the
adjacent lots.

d) Admiralty and maritime actions where the demand or

claim does not exceed P2,000,000.00.

e) Over all cases of inclusion and exclusion of voters in their

respective cities of municipalities.5

F. Actions involving real properties

Q17: What is effect of failure to allege the assessed value of the

real property in the complaint?
The defect would not be fatal, if the documents annexed to the
complaint, an allegation of the assessed value could be found.
(Foronda-Crystal v. Son, G.R. No. 221815, November 29, 2017, 847 SCRA 280,
293). Also Tumpag v. Tumpag, viz.:
6

Generally, the court should only look into the facts alleged
in the complaint to determine whether a suit is within its
jurisdiction. There may be instances, however, when a rigid
application of this rule may result in defeating substantial
justice or in prejudice to a party's substantial right. x x x

Here, not even a single document reflecting the assessed

value of the subject property was annexed to petitioner's
complaint. The attachment of the sworn declaration of real
property to the complaint would have triggered the liberal
application of the rule since it bears the assessed value of
the property at issue. Jurisprudence teaches that "the tax
declaration indicating the assessed value of the property

5 Conformable with R.A. 8189.

6 744 Phil. 423, 430-431 (2014).
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 enjoys the presumption of regularity as it has been issued
by the proper government agency." Petitioner, however,
failed to adduce the tax declaration which could have
shown that the RTC indeed had jurisdiction over the case.

The market value of the subject property alleged in the

complaint cannot be the basis to determine whether the
court a quo has jurisdiction over the case since it is the as-
sessed value which determines the jurisdiction of the
court. If the lawmakers intended to recognize the market
value of the realty as basis in determining the jurisdiction,
they could have specified the same in R.A. No. 7691 which
amended B.P. Blg. 129. There being no modification of Sec-
tion 19(2) and Section 33(3), the rule stands that the juris-
dictional element for real action is the assessed value of
the property in question.

PARTIES

Q 18 Who is a Real Party-in-Interest.

It is the party who stands to be benefited or injured by the judgment
in the suit, or the party entitled to the avails of the suit ( Sec. 2, Rule 3).
The interest must be real, which is a present substantial interest as
distinguished from a mere expectancy or a future, contingent subor-
dinate or consequential interest (Fortich vs. Corona, 289 SCRA 624). It is
an interest that is material and direct, as distinguished from a mere
incidental interest in question (Samaniego vs.Aguila, 334 SCRA 438).

Q19 Who is an Indispensable Party?

Is a real party-in-interest without whom no final determination can

be had of an action (Sec. 7, Rule 3) . Without the presence of his
party the judgment of a court cannot attain real finality ( De Castro vs.
CA, 384 SCRA 607) . The presence of indispensable parties is a condi-
tion for the exercise of juridical power and when an indispensable
party is not before the court, the action should be dismissed. The ab-
sence of indispensable party renders all subsequent actions of the
court null and void for want of authority to act, not only to the ab-
sent parties but even as to those present. Two essential tests of an in-
dispensable party: (a) Can a relief be afforded to the plaintiff with-
out the presence of the other party; and (b) Can the case be decided
on its merits without prejudicing the rights of the other party?

(a) A person is not an IP if his interest in the controversy or subject

matter is separable from the interest of the other parties, so that it
will not necessarily be directly or injuriously affected by a decree
which does complete justice between them. Also, a person is not an
IP if his presence would merely permit complete relief between him
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and those already parties to the action, or if he has no interest in the
subject matter of the action.

(b) Although normally a joinder of action is permissive (Sec. 6, Rule

3) , the joinder of a party becomes compulsory when the one in-
volved is an indispensable party. Clearly, the rule directs a compul-
sory joinder of IP (Sec. 7, Rule 3) .

Q20 Who is Necessary Party?

Is one who is not indispensable but ought to be joined as a party if
complete relief is to be accorded as to those already parties, of for a
complete determination or settlement of the claim subject of the ac-
tion. But a necessary party ought to be joined as a party if complete
relief is to be accorded as to those already parties (Sec. 8, Rule 3) .
The non-inclusion of a necessary party does not prevent the court
from proceeding in the action, and the judgment rendered therein
shall be without prejudice to the rights of such necessary party (Sec.
9, Rule 3) .

Q21 Who is an Indigent party?

Is one who is allowed by the court to litigate his claim, action or de-
fense upon ex parte application and hearing, when the court is satis-
fied that such party has no money or property sufficient and avail-
able for food, shelter, basic necessities for himself and his family
(Sec. 21, Rule 3) . If one is authorized to litigate as an indigent, such
authority shall include an exemption from the payment of docket
fee, and of transcripts of stenographic notes, which the court may or-
der to e furnished by him. However, the amount of the docket and
other fees, which the indigent was exempt from paying, shall be lien
on the judgment rendered in the case favorable to the indigent. A
lien on the judgment shall or arise if the court provides otherwise
(Sec. 21, Rule 3).

Q22 Who is a representatives as parties?

This pertains to the parties allowed by the court as substitute parties
to an action whereby the original parties become incapacitated of in-
competent (Sec. 18, Rule 3) . The substitution of a party depends on
the nature of the action. If the action is personal, and a party dies
pendent lite, such action does not survive, and such party cannot be
substituted. If the action is real, death of the defendant survives the
action, and the heirs will substitute the dead. A favorable judgment
obtained by the plaintiff therein may be enforced against the estate
of the deceased defendant (Sec. 1, Rule 87) .

Joinder of parties
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Q23 What is the effect of Misjoinder of Parties?
Under the rules, neither misjoinder nor non-joinder of parties is a
ground for the dismissal of an action. Parties may be dropped or
added by order of the court on motion of any party or on its own ini-
tiative at any stage of the action and on such terms as are just (Sec.
11, Rule 3) . Misjoinder of parties does not involve questions of juris-
diction and not a ground for dismissal (Republic vs. Herbieto, 459 SCRA
183).

Even if neither misjoinder nor non-joinder of parties is a ground for

dismissal of the action, the failure to obey the order of the court to
drop or add a party is a ground for the dismissal of thcomplaint un-
der Sec. 3, Rule 17.

The rule does not comprehend whimsical and irrational dropping or

adding of parties in a complaint. What it really contemplates is erro-
neous or mistaken non-joinder and misjoinder of parties. No one is
free to join anybody in a complaint in court only to drop him uncere-
moniously later at the option of the plaintiff. The rule presupposes
that the original inclusion had been made in the honest conviction
that it was proper and the subsequent dropping is requested be-
cause it has turned out that such inclusion was a mistake. And this is
the reason why the rule ordains that the dropping is ―on such terms
as are just‖ (Lim Tan Hu vs. Ramolete, 66 SCRA 425) .

However in co-ownership, co-owners may bring actions for the re-

covery of co-owned property without the necessity of joining all the
other co-owners as co-plaintiffs because the suit is presumed to have
been filed for the benefit of his co-owners. (Baloloy v. Hular (G.R. No.
157767, 9 September 2004, 438 SCRA 80, 90-91.) and Adlawan v. Adlawan, (G.R.
No. 161916, 20 January 2006, 479 SCRA 275, 283.)

In suits to recover properties, all co-owners are real parties

in interest. However, pursuant to Article 487 of the Civil
Code and relevant jurisprudence, any one of them may
bring an action, any kind of action, for the recovery of co-
owned properties. Therefore, only one of the co-owners,
namely the co-owner who filed the suit for the recov-
ery of the co-owned property, is an indispensable
party thereto. The other co-owners are not indispensable
parties. They are not even necessary parties, for a complete
relief can be accorded in the suit even without their partici-
pation, since the suit is presumed to have been filed for the
benefit of all co-owners.

NB.

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 However, this applies only with respect to co-owners as
party-plaintiffs, by virtue of Article 487 of the Civil Code.
As party-defendants, the same co-owners are all in-
dispensable parties. (See Arcelona v. Court of Appeals,
G.R. No. 102900, 2 October 1997, 280 SCRA 20, 39.

Neither misjoinder nor non-joinder of parties is ground for

dismissal of an action. Parties may be dropped or added by
order of the court on motion of any party or on its own ini-
tiative at any stage of the action and on such terms as are
just. Any claim against a misjoined party may be severed
and proceeded with separately. (11a)

In Heirs of Mesina v. Heirs of Fian, Sr.,(G.R. No.

201816, April 8, 2013, 695 SCRA 345.) the Court
definitively explained that in instances of non-
joinder of indispensable parties, the proper rem-
edy is to implead them and not to dismiss the
case, to wit:

The non-joinder of indispensable parties is not a

ground for the dismissal of an action. At any stage
of a judicial proceeding and/or at such times as
are just, parties may be added on the motion of a
party or on the initiative of the tribunal con-
cerned. If the plaintiff refuses to implead an indis-
pensable party despite the order of the court, that
court may dismiss the complaint for the plaintiff’s
failure to comply with the order.

The remedy is to implead the non-party claimed

to be indispensable. x x x7 (Underscoring sup-
plied; emphases in the original)

In view of the foregoing, the correct course of ac-

tion in the instant case is to order its remand to
the RTC for the inclusion of those indispensable
parties who were not impleaded and for the dis-
position of the case on the merits.

Effect of death of party litigant

Q24 What is the Effect of Death of a Party Litigant?

7 Id. at 353, citing Pamplona Plantation Co., Inc. v. Tinghil, 491 Phil. 15, 29 (2005
Page 13 of 47
(1) The death of the client extinguishes the attorney-client relation-
ship and divests a counsel of his authority to represent the client.
Accordingly, a dead client has no personality and cannot be repre-
sented by and attorney (Laviña vs. CA, 171 SCRA 691 ) . Neither
does he become the counsel of the heirs of the deceased unless his
services are engaged by said heirs (Lawas vs.CA, 146 SCRA 173) .

(2) Upon the receipt of the notice of death, the court shall order the
legal representative or representatives of the deceased to appear and
be substituted for the deceased within thirty (30) days from notice
(Sec. 16, Rule 3). The substitution of the deceased would not be or-
dered by the court in cases where the death of the party would ex-
tinguish the action because substitution is proper only when the ac-
tion survives (Aguas vs. Llamas, 5 SCRA 959) .

(3) Where the deceased has no heirs, the court shall require the ap-
pointment of an executor or administrator. This appointment is not
required where the deceased left an heir because the heir under the
new rule, may be allowed to be substituted for the deceased. If there
is an heir but the heir is a minor, the court may appoint a guardian
ad litem for said minor heir (Sec. 13, Rule 3) .

(4) The court may appoint an executor or administrator when:

(a) the counsel for the deceased does not name a legal representa-
tive; or

(b) there is a representative named but he failed to appear within the

specified period (S16, R3)

IV VENUE OF ACTIONS

Q25 Where is the venue of Real Actions?

1. Venue of real actions. - The proper court which has jurisdiction
over the area wherein the real property involved, or a por-
tion thereof, is situated.
Forcible entry and detainer actions shall be commenced and tried in
the municipal trial court of the municipality or city wherein the
real property involved, or a portion thereof, is situated.

Q26 Where is the venue of Personal Actions?

1. Venue of personal actions. - All other actions may be commenced
and tried where the plaintiff or any of the principal plaintiffs re-
sides, or where the defendant or any of the principal defendants re-
sides.
Page 14 of 47
 2. Venue of actions against nonresidents. - If any of the defendants
does not reside and is not found in the Philippines, and the action af-
fects the personal status of the plaintiff, or any property of said de-
fendant located in the Philippines, the action may be commenced
and tried in the court of the place where the plaintiff resides, or
where the property or any portion thereof is situated or found. (3)

3. Except in the following cases: -

(a) In those cases where a specific rule or law provides otherwise; or
(b) Where the parties have validly agreed in writing before the filing
of the action on the exclusive venue thereof.
Q27 What is the effect Venue Stipulations?

Odilao vs. UBP, [ G.R. No. 254787. April 26, 2023 ] explained:

Written stipulations as to venue may be restrictive in the

sense that the suit may be filed only in the place agreed
upon, or merely permissive in that the parties may file
their suit not only in the place agreed upon but also in the
places fixed by law. As in any other agreement, what is es-
sential is the ascertainment of the intention of the parties re-
specting the matter.
As regards restrictive stipulations on venue, jurisprudence instructs
that it must be shown that such stipulation is exclusive. In the absence
of qualifying or restrictive words, such as "exclusively," "waiving for
this purpose any other venue," "shall only" preceding the designation of
venue, "to the exclusion of the other courts," or words of similar im-
port, the stipulation should be deemed as merely an agreement on an
additional forum, not as limiting venue to the specified place.

PLEADINGS

Q28 What is pleadings?

Pleadings are the written statements of the respective claims and de-
fenses of the parties submitted to the court for appropriate judgment.

A pleadings should state the ultimate facts essential to the rights of ac-
tion or defense asserted. It should also state documentary and object evi-
dence in support of the allegations and the names of the witnesses to be
presented to prove claims or defenses together with the summary of
the intended testimonies of the witness (S6R7).

Page 15 of 47
Q29 What is a Complaint?

A complaint is the pleading alleging the plaintiff’s or claiming party’s

cause or causes of action. The names and residences of the plaintiff and
defendant must be stated in the complaint.

Q30 What is an Answer?

An answer is a pleading in which a defending party sets forth his or her

defenses.

Q 31 What are Defenses.

Defenses may either be negative or affirmative.

1) NEGATIVE DEFENSES are the specific denials of the material

fact or facts alleged in the pleading of the claimant essential to his
cause or causes of action (Sec. 5[a], Rule 6). When the answer sets
forth negative defenses, the burden of proof rests upon the plaintiff
and when the answer alleges affirmative defenses, the burden of
proof devolves upon the defendant.

Negative Pregnant Defenses is an admission in avoidance which

does not qualify as a specific denial. - It is a form of negative expres-
sion which carries with it an affirmation or at least an implication of
some kind favorable to the adverse party. It is a denial pregnant
with an admission of the substantial facts alleged in the pleading.
Where a fact is alleged with qualifying or modifying language and
the words of the allegation as so qualified or modified are literally
denied, the qualifying circumstances alone are denied while the fact
itself is admitted (Republic vs.Sandiganbayan, GR 1512154, July 15, 2003) .

(2) An affirmative defense - it is an allegation of a new matter which,

while hypothetically admitting the material allegations in the plead-
ing of the claimant, would nevertheless prevent or bar recovery by
him or her, specifically:

i)That the court has no jurisdiction over the person of

the defending party;

ii)That the court has no jurisdiction over the subject

matter of the claim;

iii)That venue is improperly laid;

iv)That the plaintiff has no legal capacity to sue;

Page 16 of 47
v)That there is another action pending between the
same parties for the same cause;

vi)That the cause of action is barred by a prior

judgment;

vii)That the cause of is barred by the statute of

limitations;

viii)That the pleading asserting the claim states no

cause of action;

ix)That the claim or demand set forth in the plaintiff's

pleading has been paid, waived, abandoned, or
otherwise extinguished;

x)That the claim on which the action is founded is

enforceable under the provisions of the statute of
frauds; and

xi)That a condition precedent for filing the claim has

not been complied with.

Q32 What Cases covered by the Rules on Barangay Concilia-

tion?
(1) The Lupon of each barangay shall have the authority to
bring together the parties actually residing in the same
municipality or city for amicable settlement of all disputes ex-
cept:

(a) Where one party is the government or any subdivision or instru-

mentality thereof

(b) Where one party is a public officer or employee, and the dispute
relates to the performance of his official functions

(c) Offenses punishable by imprisonment exceeding one (1) year or a

fine exceeding P5,000

(d) Offenses where there is no private offended party

(e) Where the 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

(f) Disputes involving parties who actually reside in barangays of

different cities or municipalities, except where such barangay units
Page 17 of 47
adjoin each other and the parties thereto agree to submit their differ-
ences to amicable settlement by an appropriate lupon

(g) Such other classes of disputes which the President may deter-
mine in the interest of justice or upon the recommendation of the
Secretary of Justice

(h) Any complaint by or against corporations, partnerships, or ju-

ridical entities. The reason is that only individuals shall be parties to
barangay conciliation proceedings either as complainants or
respondents

(i) Disputes where urgent legal action is necessary to prevent injus-

tice from being committed or further continued, specifically:

1. A criminal case where the accused is under police custody or

detention
2. A petition for habeas corpus by a person illegally detained or
deprived of his liberty or one acting in his behalf
3. Actions coupled with provisional remedies, such as preliminary
injunction, attachment, replevin and support pendente
lite
4. Where the action may be barred by statute of limitations

(j) Labor disputes or controversies arising from employer-employee

relationship

(k) Where the dispute arises from the CARL

(l) Actions to annul judgment upon a compromise which can be di-

rectly filed in court.

Counterclaim.
Q 33 What is a Counterclaim?

A counterclaim is any claim which a defending party may have

against an opposing party. It may be compulsory or permissive.

i. Compulsory counterclaim. – A compulsory counterclaim is

one which, being cognizable by the regular courts of justice, arises
out of or is connected with the transaction or occurrence constituting
the subject matter of the opposing party’s claim and does not require
for its adjudication the presence of third parties of whom the court
cannot acquire jurisdiction. Such a counterclaim must be within the
jurisdiction of the court both as to the amount and the nature
thereof, except that in an original action before the Regional Trial
Court, the counterclaim may be considered compulsory regardless
Page 18 of 47
 of the amount. (Cruz-Agana v. Santiago-Lagman, 495 Phil. 188, 193-194
[2005])

ii Permissive Counterclaim does not arise out of or is not necessar-

ily connected with the subject matter of the opposing party's claim.
(See Lafarge Cement Philippines, Inc. v. Continental Cement Corporation, 486
Phil. 123, 134 (2004), citing Lopez v. Gloria, 40 Phil. 26 (1919), per Torres, J.)

Q34 What is the Effect of the Dismissal of complaint?

(1) If a counterclaim has already been pleaded by the defendant
prior to the service upon him of the plaintiff‘s motion to dismiss, the
dismissal upon motion of plaintiff shall be without prejudice to the
right of the defendant to prosecute the counterclaim. The defendant
if he so desires may prosecute his counterclaim either in a separate
action or in the same action.
Should he choose to have his counterclaim resolved in the same ac-
tion, he must notify the court of his preference within 15 days from
notice of the plaintiff‘s motion to dismiss. Should he opt to prose-
cute his counterclaim in a separate action, the court should render
the corresponding order granting and reserving his right to prose-
cute his claim in a separate complaint.

(2) The dismissal of the complaint under Sec. 3 (due to fault of plain-
tiff) is without prejudice to the right of the defendant to prosecute
his counterclaim in the same action or in a separate action. This dis-
missal shall have the effect of an adjudication upon the merits, un-
less otherwise declared by the court. The dismissal of the main ac-
tion does not carry with it the dismissal of the

Q35 What are Cross-claims?

(1) A cross-claim is any claim by one party against a co-party arising
out of the transaction oroccurrence that is the subject matter either of
the original action or of a counterclaim therein. Such cross-claim
may include a claim that the party against whom it is asserted is or
may be liable to the cross-claimant for all of

Q36 What is a Reply?

A reply is a pleading, the office or function of which is to deny, or al-
lege facts in denial or avoidance of new matters alleged in, or relating to
an actionable document.

In the event of an actionable document attached to the reply, the de-

fendant may file a rejoinder if the same is based solely on an action-
able document. (10a)
Page 19 of 47
 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. However, the plaintiff may file a reply only
if the defending party attaches an actionable document to his or her
answer.

2. PARTS AND CONTENTS PLEADINGS (R7)

Q 37 What are the parts of a pleadings?

A. Caption, set forth the following, viz:

i. name of the court
ii. tittle of the action;
a. name of the plaintiff/complainant
b. name of the defendant
iii docket number

B. Body
i. Paragraphs
ii. Headings
iii. Relief
iv. Date
v. Signature
(1) signed by the party or counsel representing the party.
(2)The signature of counsel constitutes a certificate by him or
her

i) that he or she has read the pleading and

document;

ii) that to the best of his or her knowledge,

information, and belief, formed after an inquiry
reasonable under the circumstances:

iii) It is not being presented for any improper

purpose, such as to harass, cause unnecessary
delay, or needlessly increase the cost of litigation;

(iv) The claims, defenses, and other legal

contentions are warranted by existing law or
jurisprudence, or by a non-frivolous argument
for extending, modifying, or reversing exist-
ing jurisprudence;

Page 20 of 47
 (v) The factual contentions have evidentiary
support or, if specifically so identified, will li kely
have evidentiary support after availment of
the modes of discovery under these Rules; and

(vi) The denials of factual contentions are

warranted on the evidence or, if specifically so
identified, are reasonably based on belief or a
lack of information.

C. Additional Contents conformable with Section 6,

Rule 7:

Q 38 What are the additional contents of pleadings required by

the rule Section 6, Rule, Rules of Court?

(1) Names of witnesses who will be presented to prove a party’s

claim or defense;

(2) Summary of the witnesses’ intended testimonies, provided that

the judicial affidavits of said witnesses shall be attached to the
pleading and form an integral part thereof. Only witnesses whose
judicial affidavits are attached to the pleading shall be presented by
the parties during trial. Except if a party presents meritorious rea-
sons as basis for the admission of additional witnesses, no other wit-
ness or affidavit shall be heard or admitted by the court; and

(3) Documentary and object evidence in support of the allegations

contained in the pleading. (n)

Q39 What are the Contents of the Verification?

It’s shall consist of the following averment:

(a) The allegations in the pleading are true and correct based on his or
her personal knowledge, or based on authentic documents;

(b) The pleading is not filed to harass, cause unnecessary delay,

needlessly increase the cost of litigation; and

(c) The factual allegations therein have evidentiary support or, if specifi-
cally so identified, will likewise have evidentiary support after a reason-
able opportunity for discovery.

Page 21 of 47
A pleading required to be verified that contains a verification based on
“information and belief,” or upon “knowledge, information and belief,”
or lacks a proper verification, shall be treated as an unsigned pleading.

Q40 What are the contents of the Certification Against Forum

Shopping?

a) that he 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 knowledge, no such other action or claim is pend-
ing therein;

(b) if there is such other pending action or claim, a complete statement of

the present status thereof; and

(c) if he should thereafter learn that the same or similar action or claim
has been filed or is pending, he shall report that fact within five (5) cal-
endar days therefrom to the court wherein his aforesaid complaint or
initiatory pleading has been filed.

Q41 What is the effect of failure to comply with the foregoing require-
ments?

It 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, unless otherwise provided, upon motion and after hearing.
The 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 de-
liberate forum shopping, the same shall be ground for summary dis-
missal with prejudice and shall constitute direct contempt, as well as a
cause for administrative sanctions. (5a)

Forum Shopping

Q42 What is Forum Shopping?

Forum shopping is committed by a party who institutes two or more

suits involving the same parties for the same cause of action, either si-
multaneously or successively, on the supposition that one or the other
court would make a favorable disposition or increase a party's chances of
obtaining a favorable decision or action. ( See Zamora v. Quinan, Jr., G.R. No.
216139, November 29, 2017, 847 SCRA 251, 257; Yap v. Chua, G.R. No. 186730, June
13, 2012, 672 SCRA 419, 427-428). It is an act of malpractice that is prohibited
and condemned because it trifles with the courts, abuses their processes,
Page 22 of 47
degrades the administration of justice, and adds to the already congested
court dockets (Heirs of Sotto v. Palicte, G.R. No. 159691, February 17, 2014, 716
SCRA 175, 178.)

Manner of making allegations (Rule 8)

Q43 What is Condition Precedent?

Conditions precedent are matters which must be complied with before a

cause of action arises. When a claim is subject to a condition precedent,
the compliance of the same must be alleged in the pleading.

Q44 How to plead Fraud, mistake, malice, intent, knowledge

and other condition of the mind, judgments, official docu-
ments or acts?

(a) When making averments of fraud or mistake, the circumstances

constituting such fraud or mistake must be stated with particular-
ity (Sec. 5, Rule 8) . It is not enough therefore, for the complaint to allege
that he was defrauded by the defendant. Under this provision, the com-
plaint must state with particularity the fraudulent acts of the adverse
party. These particulars would necessarily include the time, place and
specific acts of fraud committed against him.

(b) Malice, intent, knowledge or other conditions of the mind (MIKO)

of a person may be averred generally (Sec. 5, Rule 8) . Unlike in
fraud or mistake, they need not be stated with particularity. The rule is
borne out of human experience. It is difficult to state the particulars con-
stituting these matters. Hence, a general averment is sufficient.

Q45 How to Plead Actionable Document?

(1) Whenever an actionable document is the basis of a pleading, the rule

specifically direct the pleader to set forth in the pleading the
substance of the instrument or the document, and to at-
tach the original or the copy of the document to the pleading as an ex-
hibit and to be part of the pleading. - If the document does not have the
character of an actionable document, as when it is merely evidentiary, it
need not be pleaded strictly in the manner prescribed by Sec. 7, Rule 8.

Q46 What are the Effect of failure to make specific de-

nials?
Page 23 of 47
(1) Material allegations, except unliquidated damages, not specifically
denied are deemed admitted. 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 under Rule 34.

(2) An admission in a pleading cannot be controverted by the party mak-

ing such admission because the admission is conclusive as to him. All
proofs submitted by him contrary thereto or inconsistent therewith
should be ignored whether an objection is interposed by a party or not
(Republic vs. Sarabia, GR 157847, Aug. 25, 2005). Said admission is a judicial
admission, having been made by a party in the course of the proceedings
in the same case, and does not require proof.

Q47 What is the Remedy Against Judicial Admissions?

A party who desires to contradict his own judicial admission may do so

only be either of two ways:

(a) by showing that the admission was made through palpable mistake;
or
(b) that no such admission was made (Sec. 4, Rule 129) .

Q48 How to make Specific denials?

(a) A denial of an actionable document (Sec. 8, Rule 8) ;

(b) A denial of allegations of usury in a complaint to recover usurious in-
terest (Sec. 11, Rule 8), the Denial must be specific and Under Oath.

Effect of failure to plead (Rule 9)

Q49 What is the effect of failure to plead defenses and ob-

jections?

Defenses or objections not pleaded in either in a motion to dismiss or in

the answer are deemed waived. Except:
(a) Lack of jurisdiction over the subject matter;
(b) Another action pending between the same parties for the
same cause;

(c) That the action is barred by the statute of limitations;

(d) Res judicata.

Page 24 of 47
Q50 What is the effect of failure to plead a compulsory
counterclaim and cross-claim?

(1) A compulsory counterclaim or a cross-claim not set up shall be barred

(Sec. 2, Rule 9) .

Q51 What is Default?

(1) Default is a procedural concept that occurs when the defending party
fails to file his answer within the reglementary period. It does not occur
from the failure of the defendant to attend either the pre-trial or the trial.

Q52 When a declaration of default is proper?

(1) If the defending party fails to answer within the time allowed there-
for, the court shall, upon motion of the claiming party with notice to the
defending party, and proof of such failure, declare the defending party in
default (Sec. 3, Rule 9) .

Q53 What is the Effect of an order of default?

(1) A party in default shall be entitled to notice of subsequent proceed-

ings but not to take part in the trial (Sec. 3[a], Rule 9).

Q54 What are the remedies from an order of default?

1) Remedy after notice of order and before judgment:

Motion to set aside order of default, showing that (a) the failure to an-
swer was due to fraud, accident, mistake, or excusable negligence, and
(b) the defendant has a meritorious defense—there must be an affidavit
of merit (Sec. 3[b], Rule 9) .

2) Remedy after judgment but before finality:

a). Motion for new trial under Rule 37, ROC; or

b) Appeal from the judgment as being contrary to the evidence or the
law;

(3) Remedy after judgment becomes final and executory:

a) Petition for relief from judgment under Rule 38;

Page 25 of 47
4) Petition for Certiorari, if the default order was improvidently
issued, that is, the defendant was declared in default, without a
motion, or without having served with summons before the ex-
piration of the reglementary period to answer, (Matute vs. CS, 26
SCRA 798; Akut vs. CA, 116 SCRA 216).

Q55 Effect of a partial default?

(1) When a pleading asserting a claim states a common cause of action

against several defending parties, some of whom answer and the others
fail to do so, the court shall try the case against all upon the answers thus
filed and render judgment upon the evidence presented (S33[c], R9, ROC) .

Q56 What is the Extent of relief?

(1) A judgment rendered against a party in default may not exceed the
amount or be different from that prayed for nor include unliquidated
damages which are not awarded ( Sec. 3[c], Rule 9). In fact, there can be no
automatic grant of relief as the court has to weigh the evidence. Further-
more, there can be no award of unliquidated damages (Gajudo vs. Traders
Royal Bank, GR 151098, March 31, 2006) .

Q57 What actions where default are not allowed?

(1) Annulment of marriage;

(2) Declaration of nullity of marriage; and
(3) Legal separation

VI. SUMMONS

Q57 What is the Nature and purpose of summons in relation to actions in

personam , in rem and quasi in rem?

(1) In an action in personam, the purpose of summons is not only to no-

tify the defendant of the action against him but also to acquire jurisdic-
tion over his person (Umandap vs. Sabio, Jr., 339 SCRA 243) . The filing
of the complaint does not enable the courts to acquire jurisdiction over
the person of the defendant. By the filing of the complaint and the pay-
ment of the required filing and docket fees, the court acquires jurisdic-
tion only over the person of the plaintiff, not over the person of the de-
fendant. Acquisition of jurisdiction over the latter is accomplished by a
valid service of summons upon him. Service of summons logically fol-
Page 26 of 47
lows the filing of the complaint. Note further that the filing of the com-
plaint tolls the running of the prescriptive period of the cause of action in
accordance with Article 1155 of the Civil Code.

FURTHER The proper service of summons is important because it serves

to acquire jurisdiction over the person of the defendant or respondent, or
to notify said person of the action filed against them and to afford an op-
portunity to be heard on the claims made against them. (Herrera, O., Reme-
dial Law Vol. 1, 2000 Ed., p. 665, citing Ablaza v. CIR, 211 Phil. 425, 431 (1983); Para-
mount Insurance Corporation v. Judge Japzon, 286 Phil. 1048, 1055 (1992); Toyota
Cubao, Inc v. CA, 346 Phil. 181, 186 (1997).).

Logically, in order to effect the proper service of summons it is crucial to

furnish the correct address of the defendant or respondent in a com-
plaint. [Sarol vs. Sps Diao, G.R. No. 244129, December 09, 2020 ] Thus, absent the
proper service of summons, the trial court does not acquire jurisdiction
and renders null and void all subsequent proceedings and issuances in
relation to the case. [Herrera, O., Remedial Law Vol. 1, 2000 Edition, p. 665,
citing Toyota Cubao, Inc. v. CA, 346 Phil. 181, 187 (1997), which cited Keister v.
Judge Navarro, 167 Phil. 567, 572 (1977).]

(2) In an action in rem or quasi in rem, jurisdiction over the defendant is

not required and the court acquires jurisdiction over an action as long as
it acquires jurisdiction over the res. The purpose of summons in these ac-
tions is not the acquisition of jurisdiction over the defendant but mainly
to satisfy the constitutional requirement of due process (Gomez vs. CA, 420
SCRA 98) .

The foregoing is in consonance with the doctrine of due process. A viola-

tion of this due process would be a jurisdictional defec t. [De Pedro v.
Romasan Development Corp., 748 Phil. 706, 726 (2014).]

In Spouses Bernales v. Sps Turiano, "G.R. No. 248321, June 14, 2023, the
Supreme Court explained that action in personam and action in rem or
quasi in rem differ, viz:

Actions in personam and actions in rem or quasi in rem differ in that

In actions in personam, the judgment is for or against a person di-

rectly. Jurisdiction over the parties is required in actions in personam
because they seek to impose personal responsibility or liability upon a
person.8

Courts need not acquire jurisdiction over parties on this basis in in

rem and quasi in rem actions. Actions in rem or quasi in rem are not
directed against the person based on his or her personal liability. Ac-
tions in rem are actions against the thing itself. They are binding upon

8 Civil Service Commission v. Rasuman, G.R. No. 239011, June 17, 2019.
Page 27 of 47
the whole world. Quasi in rem actions are actions involving the status
of a property over which a party has interest. Quasi in rem actions are
not binding upon the whole world. They affect only the interests of the
particular parties.31
In a case where the action is in personam and the defendant is in the
Philippines, the service of summons may be done by personal or sub-
stituted service as laid out in Sections 5 and 6 of Rule 14 of the Rules
of Court, as amended. The provisions state:

Section .5 Service in person on defendant. - Whenever practicable, the

summons shall be served by handing a copy thereof to the defendant in
person and informing hte defendant that he or she is being served, or,
fi he or she refuses to receive and sign for ,ti by leaving the summons
within the view and in the presence of the defendant.

Section 6. Substituted service. - If, 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) By leaving copies of the summons at the defendant's residence to a

person at least eighteen (18) years of age and of sufficient discre-
tion residing therein;
(b) By leaving copies of the summons at [the] defendant's office or
regular place of business with some competent person ni charge
thereof. Acompetent person includes, but si not limited to, one
who customarily receives correspondences for the defendant;
(c) By leaving copies of hte 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 its
chief security officer in charge of the community or the building
where the defendant may be found; and

(d) By sending an electronic mail to the defendant's electronic mail

address, if allowed by the court.

If the defendant is temporarily out of the country, summons may, by

leave of court, be effected outside of the Philippines by personal service,
or as provided for in international conventions to which the Philip-
pines is a party, or by publication, or in any other manner the court
may deem sufficient.

In all of these cases, it bears stressing that the defendant must be a res-
ident of the Philippines, otherwise an action in personam cannot be
brought because jurisdiction over defendant's person is essential to
make a binding decision.

Simply put, Philippine courts cannot try any case against a defendant
who does not reside and is not found in the Philippines because of the
impossibility of acquiring jurisdiction over his or her person, unless he
or she voluntarily appears in court.53The remedy of the plaintiff in or-
der for the court to acquire jurisdiction to try the case is to convert the
action into a proceeding in rem or quasi en rim by attaching the prop-
erty of the defendant, as elucidated in Philippine Commercial Indus-
trial Bank vs. Alejandro, viz

Page 28 of 47
 “Corollarily, in actions in personam, such as the instant case for col-
lection of sum of money, summons must be served by personal or sub-
stituted service, otherwise the court wil not acquire jurisdiction over
the defendant. In case the defendant does not reside and is not found in
the Philippines (and hence personal and substituted service cannot be
effected), the remedy of the plaintiff in order for the court to acquire ju-
risdiction 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. Thus,
in order to acquire jurisdiction in actions in personam where defen-
dant resides out of and is not found in the Philippines, it becomes a
matter of course for the court to convert the action into a proceeding in
rem or quasi in rem by attaching the defendant's property.”

Furthermore, Section 17, Rule 14 of the Revised Rules of Court pro-

vides that a defendant who is a non-resident and is not found in the
country may be served with summons by extraterritorial service only
in four instances: (1) when the action affects the personal status of the
plaintiff; (2) when the action relates to, or the subject of which is prop-
erty within the Philippines in which the defendant has or claims to
have lien or interest actual or contingent; (3) when the relief de-
manded consist wholly or in part in excluding the defendant from any
interest in property located in the Philippines; or (4) when the prop-
erty of the defendant has been attached within the Philippines. In these
instances, extraterritorial service of summons may be effected under
any of these modes: (1) by personal service out of the country, with
leave of court; (2) as provided for in international conventions to
which the Philippines is a party; (3) by publication and sending a copy
of the summons and order of the court by registered mail to the defen-
dant's last known address, also with leave of court; or (3) by any other
means the judge may consider sufficient.

Q58 What are the Modes of Service of Summons?

a. Personal Service of Summons

By handing a copy thereof to the defendant in person and
informing him that he or she is being served. OR

if he or she refuses to receive and sign for it, by leaving the summons
within the view and in the presence of the defendant.(6)

b. Substituted Service of Summons

If, 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) By leaving copies of the summons at the defendant’s residence to

a person at least eighteen (18) years of age and of sufficient discre-
tion residing therein;

Page 29 of 47
 (b) By leaving copies of the summons at [the] defendant’s office or
regular place of business with some competent person in charge
thereof. A competent person includes, but is not limited to, one who
customarily receives correspondences for the defendant;

(c) By leaving copies of the summons, if refused entry upon mak-

ing his or her authority and purpose known, with any of the offi-
cers of the homeowners’ association or condominium corporation,
or its chief security officer in charge of the community or the
building where the defendant may be found; and

(d) By sending an electronic mail to the defendant’s electronic mail

address, if allowed by the court. (7a)

C. EXTRA TERRITORIAL SERVICE OF SUMMONS

1) by personal service as under S5R14; or

2) as provided for in international conventions; or
3) by publication in a newspaper of general
circulation in such places and for such time
as the court may order, in which case 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.

Q59 How is summons is served to a particular

defendant?

1. NATURAL PERSON as Defendant, summons is serve to him as

follows:

i. By handing a copy thereof to the defendant in person and

informing him that he or she being served, OR

ii. if he or she refuses to receive and sign for it, by leaving the
summons within the view and in the presence of
the defendant.

2. PRISONER as Defendant (S8)- Served by the officer having the

management of such jail or institution, deemed as a
special sheriff. The jail warden shall file a return
within five (5) calendar days from service of
summons to the defendant.

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 3. MINORS as Defendants (S10) Served upon him or her
personally and his or her legal guardian if he or she
has one, or if none, upon his or her guardian ad litem, the
case of a minor, service shall be made on his Sor her par-
ent or guardian.
4. Spouses as Defendants. Served to each spouse individually.

5. Residents temporarily out of the Philippines. Summons served

by EXTRA TERRITORIAL SERVICE OF SUM-
MONS.

6. Domestic juridical entities (12), serve upon the

1. President,
2. Managing partner,
3. General manager,
4. Corporate secretary,
5. Corporate treasurer, or
6. Corporate in- house counsel wherever they
may be found,
7. or in their absence on their secretaries.
8. Upon the person who customarily receives the
correspondence for the defendant at its princi-
pal office.
9 Upon the receiver or liquidator, as the case maybe.
10. By electronically, if allowed by the court, as provided
under Section 6, R14, ROC.

7 Foreign private juridical entities as Defendant (S14)

1) resident agent or
2) on the government official designated by law, or on any of
its officers, agents, directors or trustees within the
Philippines.
3) With leave of court, be effected outside of the Philippines
through any of the following means:

(a) By personal service coursed through the appropriate court

in the foreign country with the assistance of the
DFA;

(b) By 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;

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 (c) By facsimile;

(d) By electronic means with the prescribed proof of service; or

(e) By such other means as the court, in its discretion, may

direct.

8 Public Corporation as Defendant (S15)

Republic of the Philippines is the defendant, service may be

effected on the Solicitor General;

LGUs as Defendants served upon its executive head, or on such

other officer or officers as the law or the court may direct.

9 Entity sans juridical personality as Defendant sued under the

name by which they are generally or commonly
known,

By serving upon any one of them, or upon the person in charge

of the office or place of business maintained in such
name. But such service shall not bind individually any
person whose connection with the entity has, upon
due notice, been severed before the action was filed.

10 defendants whose identity and whereabouts are

unknown.

By leave of court, by publication in a newspaper of general

circulation and in such places and for such time as
the court may order.

Voluntary appearance

(1) Voluntary appearance is any appearance of the defendant in court, pro-

vided he does not raise the question of lack of jurisdiction of the court (Flo-
res vs. Zurbito, 37 Phil. 746; Carballo vs. Encarnacion, 92 Phil. 974) . It is
equivalent to service of summons (Sec. 20) .

(2) An appearance is whatever form, without explicitly objecting to the ju-

risdiction of the court over the person, is a submission to the jurisdiction of
the court over the person. It may be made by simply filing a formal motion,
or plea or answer. If his motion is for any other purpose than to object to
the jurisdiction of the court over his person, he thereby submits himself to
the jurisdiction of the court ( Busuego vs. CA, L -48955, June 30, 1987; La
Naval Drug Corp. vs. CA, 54 SCAD
917) .
Page 32 of 47
(3) Voluntary appearance may be in form of:

(a) Voluntary appearance of attorney;

(b) A motion, by answer, or simple manifestation (Flores vs. Surbito) ;
(c) A telegraphic motion for postponement (Punzalan vs. Papica, Feb.
29, 1960) ;
(d) Filing a motion for dissolution of attachment;
(e) Failure to question the invalid service of summons (Navale vs. CA,
GR 109957, Feb. 20, 1996) ;
(f) Filing a motion for extension of time to file an answer.
A. AMENDED AND SUPPLEMENTAL PLEADINGS

Q How is pleadings amended?

Pleadings may be amended by adding or striking out an allegation or the
name of any party, or 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.

Q What are the Kinds of Amendments? Explain each kind.

1. Amendments as a matter of right. – A party may amend his [or
her] pleading once as a matter of right at any time before a respon-
sive pleading is served or, Reply, at any time within ten (10) calen-
dar days after it is served. (2a)

2. Amendments by Leave of Court. – Substantial amendments

may be made only upon leave of court. But such leave shall be re-
fused if it appears to the court that the motion was made with intent
to delay [or] confer jurisdiction on the court, or the pleading stated
no cause of action from the beginning which could be amended.

3. Formal amendments. – A defect in the designation of the par-

ties and other clearly clerical or typographical errors. Any pleadings
may be summarily corrected by the court at any stage of the action,
at its initiative or on motion, provided no prejudice is caused
thereby to the adverse party.

4. Amendment to conform to or authorize presentation of evi-

dence. – When issues not raised by the pleadings are tried with the
express or implied consent of the parties, they shall be treated in all
respects as if they had been raised in the pleadings. No amendment
of such pleadings deemed amended is necessary to cause them to
conform to the evidence.

Page 33 of 47
Q Explain the Rule on Supplemental pleadings.

Upon motion of a party[,] the court may, upon reasonable notice and
upon such terms as are just, permit him or her to serve a
supplemental pleading setting forth transac-
tions, occurrences or events which have happened since the
date of the pleading sought to be supplemented. The ad-
verse party may plead thereto within ten (10) calendar
days from notice of the order admitting the sup-
plemental pleading.

Q What is the Effect of amended pleadings. –

An amended pleading supersedes the pleading that it amends.

However, admissions in superseded pleadings may be of-
fered in evidence against the pleader, and claims or defenses
alleged therein not incorporated in the amended plead-
ing shall be deemed waived.

MOTIONS

Q What is a Motion?

A motion is an application for relief other than by a pleading. The

Rules applicable to pleadings shall apply to written mo-
tions so far as concerns caption, designation, signature, and
other matters of form. Except in cases of Oral Motion.

Q What are the Contents of the Motion?

A motion shall state the relief sought to be obtained and the grounds
upon which it is based, and if required by these Rules or
necessary to prove facts alleged therein, shall be accompa-
nied by supporting affidavits and other papers. (3)

Q What are the Kinds of Motions? Enumerate each kind.

A. Non-litigious motions. – Motions which the court may act upon

without prejudicing the rights of adverse parties are non-
litigious motions, viz:

1) Motion for the issuance of an alias summons;

2) Motion for extension to file answer;
3) Motion for postponement;
4) Motion for the issuance of a writ of execution;
5) Motion for the issuance of an alias writ of execution;
Page 34 of 47
 6) Motion for the issuance of a writ of possession;
7) Motion for the issuance of an order directing the sheriff to execute
the final certificate of sale; and
8) Other similar motions.

B. Litigious motions. – (a) Litigious motions include:

1) Motion for bill of particulars;

2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending appeal;
6) Motion to amend after a responsive pleading has been filed;
7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ of demolition;
9) Motion for intervention;
10) Motion for judgment on the pleadings;
11) Motion for summary judgment;
12) Demurrer to evidence;
13) Motion to declare defendant in default; and
14) Other similar motions.

C Prohibited Motions

1. Motion to Dismiss, except on the following grounds:

a) That the court has no jurisdiction over the subject matter of
the claim;
b) That there is another action pending between the same
parties for the same cause;
c) That the cause of action is barred by a prior judgment
d). The action is barred by the statute of limitations;
2. Motion to hear affirmative defenses;
3. Motion for reconsideration of the court’s action on the
affirmative defenses;
4. Motion to suspend proceedings without a temporary
restraining order or injunction issued by a higher
court;
5. Motion for extension of time to file pleadings, affidavits or any
other papers, except a motion for extension to file
an answer as provided by Section 11, Rule 11; and
6. Motion for postponement intended for delay, except if it is
based on acts of God, forcemajeure or physical inabil-
ity 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 evi-

Page 35 of 47
 dence must still be terminated on the dates previously
agreed upon.

Q Is Notice of Hearing required?

Notice of Hearing no longer required. The court may, in the exercise

of its discretion, and if deemed necessary for its resolu-
tion, call a hearing on the motion. The notice of hearing
shall be addressed to all parties concerned, and shall spec-
ify the time and date of the hearing which should be set on
a Friday. Except for motions requiring immediate
action.

Q What is the Period for Resolution of a Motion?

The motion shall be resolved by the court within fifteen (15) calendar
days from its receipt of the opposition thereto, or upon
expiration of the period to file such opposition. But not liti-
gious motion shall be resolved by the court within five (5)
days from date of receipt thereof.

Q What is Omnibus motion rule?

Subject to the provisions of Section 1 of Rule 9, a motion attacking a

pleading, order, judgment, or proceeding shall include all
objections then available, and all objections not so included
shall be deemed waived.

Q. What is the Effect of granting the Motion to Dismiss?

Subject to the right of appeal, an order granting a motion to dismiss

or an affirmative defense that (1) the cause of action is
barred by a prior judgment; or (2) the cause of action is
barred by the statute of limitations; (3) that the claim or
demand set forth in the plaintiff’s pleading has been paid,
waived, abandoned or otherwise extinguished; or
(4) that the claim on which the action is founded is unenforce-
able under the provisions of the statute of frauds, shall be
with prejudice.

BILL OF PARTICULARS

Q What is the purpose of a Motion for Bill for Particulars.

To make definite statement or for a bill of particulars of any matter,
which is not averred with sufficient definiteness or partic-
Page 36 of 47
ularity, to enable him or her properly to prepare his or
her responsive pleading.

The motion shall point out the defects complained of, the paragraphs
wherein they are contained, and the details desired.

Q When to File a Motion for Bill of Particulars?

Anytime before answer to complaint. If the motion is granted, the com-
pliance therewith must be effected within ten (10) calendar days from no-
tice 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 either in a separate or in an amended pleading, serving a copy
thereof on the adverse party.

Q What is the Effect of Non-compliance of an granting Motion

for Bill of Particulars?
The court may order the striking out of the pleading or the portions
thereof to which the order was directed, or make such other order as it
deems just.

Q In case of Denial a Motion for Bill of Particulars, may the de-

fendant file an answer?
If MBP is denied, the movant shall file the responsive pleadings within
remaining period to file which shall not be less than five (5) calendar
days in any event.

PERIOD TO SERVE AND FILE PLEADINGS

Q How much time is given to parties file ANSWER?

1. Answer to Original complaint, the period is 30 days from receipt of

summons and copy of the complaint.

2. Answer to Amended Complaint, 30 days from receipt copy of

amended complaint if filed as a matter of right. But in case of amended
complaint, filed not as a matter of right, the period to file answer 15 days
from notice of the order admitting the amended complaint.

3. Answer to Counterclaim and Crossclaim, 20 calendar days from ser-

vice.

4. Answer to TPC, FPC, etc., the same rule applicable to answer to com-
plaint.
Page 37 of 47
5. Answer to Supplemental Complaint, 20 days from notice admitting
the supplemental complaint.

6. Answer to complaint-in-intervention, 15 days from notice of order

admitting the complaint-in-intervention.

Q How much time to file REPLY?

15 days from receipt of the pleadings responded to.

Q How much time to file Comment to litigated Motion

5 days from receipt of order to file comment.

Filing and Service of Pleadings, Judgments and Other Papers

Q What is Filing of Pleadings and Other Papers?

It is the act of presenting the pleading or other paper to the clerk of court.

Q What is Service of pleadings?

It is the act of providing a party with a copy of the pleading or paper
concerned. If any party has appeared by counsel, service upon him shall
be made upon his counsel or one of them, unless service upon the party
himself is ordered by the court. Where one counsel appears for several
parties, he shall only be entitled to one copy of any paper served upon
him by the opposite side. (2a)

Q What is the Manner of Filing.

1. Personal filing. The clerk of court shall endorse on the pleading the
date and hour of filing.

2. By Registered Mail. The date of the mailing shall be considered as

the date of their filing, payment, or deposit in court. The envelope shall
be attached to the record of the case.

Q What Papers required to be filed and served?

Every judgment, resolution, order, pleading subsequent to the complaint,
written motion, notice, appearance, demand, offer of judgment or similar
papers shall be filed with the court, and served upon the parties affected.

Q What are the Modes of service. —

Page 38 of 47
Service of pleadings motions, notices, orders, judgments and other pa-
pers shall be made either personally or by mail. Or substituted service

Q How is SUBSTITUTED SERVICE effected?

By delivering the copy to the clerk of court, with proof of failure of both
personal service and service by mail. The service is complete at the time
of such delivery.

Q What is the Manner of Service of Pleadings?

1. Personal service. — By delivering personally a copy to the party

or his counsel, or by leaving it in his office with his clerk or with a person
having charge thereof. If no person is found in his office, or his office is
not known, or he has no office, then by leaving the copy, between the
hours of eight in the morning and six in the evening, at the party's or
counsel's residence, if known, with a person of sufficient age and discre-
tion then residing therein. (4a)

2 Service by mail. — Service by registered mail shall be made by

depositing the copy in the post office in a sealed envelope, plainly ad-
dressed to the party or his counsel at his office, if known, otherwise at his
residence, if known, with postage fully prepaid, and with instructions to
the postmaster to return the mail to the sender after ten (10) days if unde-
livered. If no registry service is available in the locality of either the
senders or the addressee, service may be done by ordinary mail. (5a; Bar
Matter No. 803, 17 February 1998

3 Substituted service. — If service of pleadings, motions, notices,

resolutions, orders and other papers cannot be made under the two pre-
ceding sections, the office and place of residence of the party or his coun-
sel being unknown, service may be made by delivering the copy to the
clerk of court, with proof of failure of both personal service and service
by mail. The service is complete at the time of such delivery. (6a)

Q What is the Manner of Service of judgments, final orders,

or resolutions?

Personal Service or By Mail

Q How is filing of Pleadings or Papers Proven?

The filing of a pleading or paper shall be proved by its existence in the
record of the case. If it is not in the record, but is claimed to have been
filed personally, the filing shall be proved by the written or stamped ac-
knowledgment of its filing by the clerk of court on a copy of the same; if
filed by registered mail, by the registry receipt and by the affidavit of the
Page 39 of 47
person who did the mailing, containing a full statement of the date and
place of depositing the mail in the post office in a sealed envelope ad-
dressed to the court, with postage fully prepaid, and with instructions to
the postmaster to return the mail to the sender after ten (10) days if not
delivered. (n)

Q How is Service of Pleadings or Papers Proven?

1 Personal service shall consist of a written admission of the party
served, or the official return of the server, or the affidavit of the party
serving, containing a full statement of the date, place and manner of ser-
vice.

2. Ordinary mail, proof thereof shall consist of an affidavit of the person

mailing of facts showing compliance with section 7 of this Rule.

3. Registered mail, proof shall be made by such affidavit and the reg-
istry receipt issued by the mailing office. The registry return card shall be
filed immediately upon its receipt by the sender, or in lieu thereof the
unclaimed letter together with the certified or sworn copy of the no-
tice given by the postmaster to the addressee. (10a)

Q How Filing of Pleadings or Papers Proven?

The filing of a pleading or any other court submission shall be proved by
its existence in the record of the case.

If the pleading or any other court submission is not in the record, but is
claimed to have been filed personally, the filing shall be prove[n] by the
written or stamped acknowledgment of its filing by the clerk of court on
a copy of the pleading or court submission;

If filed by registered mail, the filing shall be proven by the registry re-
ceipt and by the affidavit of the person who mailed it, containing a full
statement of the date and place of deposit of the mail in the post office in
a sealed envelope addressed to the court, with postage fully prepaid, and
with instructions to the postmaster to return the mail to the sender after
ten (10) calendar days if not delivered.

If filed through an accredited courier service, the filing shall be proven

by an affidavit of service of the person who brought the pleading or
other document to the service provider, together with the courier’s offi-
cial receipt and document tracking number.

If filed by electronic mail, the same shall be proven by an affidavit of

electronic filing of the filing party accompanied by a paper copy of the
pleading or other document transmitted or a written or stamped ac-
knowledgment of its filing by the clerk of court. If the paper copy sent by
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 electronic mail was filed by registered mail, paragraph (b) of this Section
applies.

If filed through other authorized electronic means, the same shall be

proven by an affidavit of electronic filing of the filing party accompanied
by a copy of the electronic acknowledgment of its filing by the court.
(12a)

DISMISSAL OF ACTION.

Q May an Action be dismissed at the instance of the plaintiff?

Yes by filing a notice of dismissal 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. Unless oth-
erwise stated in the notice, the dismissal is without prejudice, except
cases covered by the two-dismissal rule, or dismissed two times all at the
instance of the plaintiff.

Q What is the Two-Dismissal Rule?

Dismissal after responsive pleadings is filed, the action may be

dismissed upon motion filed by plaintiff subject to approval of
the court and upon such terms and conditions as the court
deems proper. But the dismissal shall be limited to the com-
plaint. The dismissal shall be without prejudice to the right of
the defendant to prosecute his or her counterclaim in a separate
action unless within fifteen (15) calendar days from notice of the
motion he or she manifests his or her preference to have his or
her counterclaim resolved in the same action. Unless otherwise
specified in the order, a dismissal under this paragraph shall be
without prejudice. A class suit shall not be dismissed or com-
promised without the approval of the court.

VIII - PRE-TRIAL

Q What is the NATURE AND PURPOSE Pre Trial

(a) The possibility of an amicable settlement or of a

submission to alternative modes of dispute resolu-
tion;

(b) The simplification of the issues;

Page 41 of 47
 (c) The possibility of obtaining stipulations or admissions of
facts / documents to avoid unnecessary proof;

(d) The limitation of the number and identification of

witnesses and the setting of trial dates;

(e) The advisability of a preliminary reference of issues to a

commissioner;

(f) The propriety of rendering judgment on the pleadings, or

summary judgment, or of dismissing the action
should a valid ground therefor be found to exist;

(g) The requirement for the parties to:

1) Mark their respective evidence if not vet marked in

the judicial affidavits of their witnesses;

2) Examine and make comparisons of the adverse

parties evidence vis-a-vis the copies to be
marked;

3) Manifest for the record stipulations regarding the

faithfulness of the reproductions and the gen-
uineness and due execution of the adverse par-
ties' evidence;

4) Reserve evidence not available at the pre-trial, but

only in the following manner:

a) For testimonial evidence, by giving 1) the name or

position and 2) the nature of the testimony of
the proposed witness;

b) For documentary evidence and other object

evidence, by giving a particular description
of the evidence.

No reservation shall be allowed if not made in the

manner described above.

(h) Such other matters as may aid in the prompt disposition

of the action.

Page 42 of 47
Q What is the Effect of Failure of Appearance?

1. The failure without just cause of a party and counsel to

appear during pre-trial, despite notice, shall result
in a waiver of any objections to the faithfulness of
the reproductions marked, or their genuine-
ness and due execution.

2. The failure without just cause of a party and/or counsel

to bring the evidence required shall be deemed a
waiver of the presentation of such evi-
dence.

3. Failure of plaintiff and counsel - Dismissal of the case

with prejudice, unless otherwise ordered by the
court.

4. Failure of defendant and counsel - allow plaintiff to

present evidence ex-parte within ten (10) calendar
days from termination of pre-trial, and the
court to render judgment on the basis of the
evidence offered.

F. SERVICE OF NOTICE

The notice of pre-trial shall be served on counsel, or on the

party who has no counsel. The counsel served
with such notice is charged with the duty of noti-
fying the party represented by him or her.

G. PRE TRIAL BRIEF. — The parties shall file with the court
and serve on the adverse party, in such manner as
shall ensure their receipt thereof at least three
(3) calendar days before the date of the pre-trial,
their respective pre-trial briefs which shall con-
tain, among others:

(a) A concise statement of the case and the reliefs prayed for;

(b) A summary of admitted facts and proposed stipulation of

facts;

Page 43 of 47
 (c) The main factual and legal issues to be tried or resolved;

(d) The propriety of referral of factual issues to

commissioners;

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

stating the purpose thereof;

(f) The names of the witnesses, and the summary of their

respective testimonies; and

(g) Brief statement of points of law and citation of

authorities.

H. EFFECT OF FAILURE TO FILE PTB

Failure to file the pre-trial brief shall have the same effect as
failure to appear at the pre-trial. (8)

I. Pre-Trial Order. —

Upon termination of pre-trial, the court shall issue an order

within ten (10) calendar days which shall recite in
detail the matters taken up.

I.1 Contents of the PTO

(a) An enumeration of the admitted facts;

(b) The minutes of the pre-trial conference;

(c) The legal and factual issue/s to be tried;

(d) The applicable law, rules, and jurisprudence;

(e) The evidence marked;

(f) The specific trial dates for continuous trial, which shall be
within the period provided by the Rules;

(g) The case flowchart to be determined by the court, which

shall contain the different stages of the proceed-
ings up to the promulgation of the decision and the use of time
frames for each stage in setting the trial dates;

Page 44 of 47
 (h) A statement that the one-day examination of witness rule
and most important witness rule under A.M. No.
03-1-09-SC (Guidelines for Pre-Trial) shall be
strictly followed; and

(i) A statement that the court shall render judgment on the

pleadings or summary judgment, as the case may
be.

I.2 Import of the PTO

The contents of the pre-trial order shall control the

subsequent proceedings, unless modified be-
fore trial to prevent manifest injustice.

J. Court-Annexed Mediation (CAM). — After pre-trial and,

after issues are joined, the court shall refer the par-
ties for mandatory court-annexed mediation.

The period for court-annexed mediation shall not exceed

thirty (30) calendar days without further exten-
sion. (n)

K Judicial Dispute Resolution (JDR). — Only if the judge of

the court to which the case was originally raffled
is convinced that settlement is still possible, the
case may be referred to another court for judicial dis-
pute resolution. The judicial dispute resolution
shall be conducted within a non- extendible period of
fifteen (15) calendar days from notice of failure of the
court-annexed mediation.

If judicial dispute resolution fails, trial before the original

court shall proceed on the dates agreed upon.

L CONFIDENTIALITY

All proceedings during the court-annexed mediation and the ju-

dicial dispute resolution shall be confidential. (n)

M. JUDGMENT. — Should there be no more controverted

facts, or no more genuine issue as to any material fact, or an
absence of any issue, or should the answer
fail to tender an
Page 45 of 47
 issue, the court shall, without prejudice to a party moving
for judgment on the pleadings under Rule 34 or
summary judgment under Rule 35, motu proprio include
in the pre-trial order that the case be submitted for
summary judgment or judgment on the pleadings,
without need of position papers or memoranda. In
such cases, judgment shall be rendered within ninety
(90) calendar days from termination of the pre- trial.

The order of the court to submit the case for judgment

pursuant to this Rule shall not be the subject to ap-
peal or certiorari.

IX INTERVENTION

A. RIGHT TO INTERVENE. – A person who has a legal interest in

the matter in litigation, or in the success of either of the
parties, or 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 interven-
tion will unduly delay or prejudice the adjudication of the
rights of the original parties, and whether or not the intervenor’s
rights may be fully protected in a separate proceed-
ing.The court may allow intervention (a) if the movant has legal in-
terest or is otherwise qualified, and (b) if the interven-
tion will not unduly delay or prejudice the adjudication of
rights of the original parties and if the intervenor’s
rights may not be protected in a separate proceeding.

B. TIME TO INTERVENE. – The motion to intervene may be

filed at any time before rendition of judgment by
the trial court. A copy of the pleading-in-intervention
shall be attached to the motion and served on
the original parties. (2)

Section 2, Rule 19 of the Rules requires a movant to file the

motion for intervention before the RTC’s rendition
of judgment and to attach a pleading-in-inter-

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vention. The court may allow intervention after rendition of
judgment if the movant is an indispensable party.9

A movant for intervention must have legal interest either (i)

in the matter in litigation, (ii) in the success of ei-
ther of the parties, or (iii) against both parties. The
movant may also intervene if he or she is (iv) so situ-
ated as to be adversely affected by a distribution or
other disposition of property in the court’s custody.
Legal interest is present when the intervenor will
either gain or lose as a direct effect of the judg-
ment. The legal interest must be actual and material,
10

direct, and immediate. In a theft case, the subject matter in

litigation is the item alleged to have been stolen.11

C. Pleadings-in-intervention. — The intervenor shall file a

complaint-in-intervention if he or she asserts a
claim against either or all of the original parties, or an
answer-in- intervention if he or she unites
with the defending party in resisting a claim against
the latter.

D. Answer to complaint-in-intervention. — filed within fifteen

(15) calendar days from notice of the order admitting the
same, unless a different period is fixed by the
court.

9 14 Looyuko v. Court of Appeals, G.R. No. 102696, July 12, 2001, 361 SCRA 150; and Pinlac v.
Court of Appeals, G.R. No. 91486, September 10, 2003, 410 SCRA 419.
10 17 Cariño v. Ofilada, G.R. No. 102836, January 18, 1993, 217 SCRA 206.
11 19 BSB Group, Inc. v. Go, G.R. No. 168644, February 16, 2010, 612 SCRA 596.
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