PLEADINGS AND MOTIONS E.

Reply

PLEADINGS Third-party complaint and pleading-in-

Pleadings are the formal statements by the intervention are prohibited under the Rules on
parties of the operative facts which constitute Expedited Procedures in the First Level Courts,
their respective claims and defenses. There and in actions for forcible entry and unlawful
can be no oral statements. detainer.

• EUPR: Efficient Use of Paper Rule PLEADINGS FOR SMALL CLAIMS CASES
• Before SC – contact details (telephone Small claims action is commenced by filing
number, fax number, cellular phone number with the court an accomplished and verified
or email address) (A.M No. 07-6-5-SC) Statement of Claim.

ALLOWED PLEADINGS Defendant shall file with the court and serve
A. Complaint on the plaintiff a duly accomplished and
B. Answer verified Response.
C. Counterclaim
D. Cross-claim PLEADINGS, MOTIONS, AND PETITIONS NOT
E. Third, Fourth, etc- party complaint ALLOWED UNDER SMALL CLAIMS CASES
F. Complaint in intervention
G. Reply, only of the party attaches an A. Motion to dismiss the Settlement of Claim/s
actionable document B. Motion for bill of particulars
C. Motion for new trial, reconsideration of
• Depends on the nature of the action and judgment, or for reopening of trial
the governing rules D. Petition for relief from judgment
E. Motion for extension of time to file pleadings,
• ACTIONABLE DOCUMENT: A written affidavits, or any other paper
instrument or document upon which an action F. Memoranda
is based. Must be attached to the pleading as G. Petition for certiorari, mandamus, or
an exhibit or to set forth a copy. prohibition against any interlocutory order
issued by the court
Applies to claims / defenses H. Motion to declare defendant in default
⚬ How to contest – Mere denial is insufficient, it I. Dilatory motions for postponement
must be under oath (verified). Specifically J. Reply and rejoinder
denying the genuineness and due execution K. Third-party complaints
of document and set forth the facts; except – L. Interventions
adverse party is not a party to the instrument
or compliance with an order for inspection of PARTS OF A PLEADING
original document is refused Formalities:
￭ CAPTION: Name of Court, Title of the Action,
⚬ IMPLIED ADMISSION - due execution and docket number, if assigned
genuineness of document (signature, words ￭ BODY OF THE PLEADING
and figures, delivery of document, formal ⚬ Designation
requisites) except the following defenses: ⚬ Allegations of party’s claims/defenses
payment or nonpayment, want of ⚬ Relief prayed for
consideration, illegality of consideration, usury, ⚬ Date of the pleading
fraud, prescription, release, waiver, statute of ￭ HEADINGS: If there are 2 or more causes of
fraud, estoppel, former recovery or discharge action, there shall be a heading for each
in bankruptcy (“FIRST CAUSE OF ACTION” etc.)
￭ ALLEGATIONS
PLEADINGS ALLOWED UNDER THE RULES ON • ULTIMATE FACTS: To be stated in a
SUMMARY PROCEDURE methodical and logical form, and in a
A. Complaint plain, concise, and direct manner.
B. Compulsory Counterclaim pleaded in the ⚬ CONDITIONS PRECEDENT:
answer Compliance must be alleged in the
C. Cross-claim pleaded in the answer complaint or petition. Failure to raise
D. Answers thereto
 ground of failure to comply at the
earliest opportunity shall be constituted OTHER REQUIREMENTS
as a waiver thereof. ⚬ Current Professional Tax Receipt Num
⚬ CAPACITY TO SUE OR BE SUED: Facts ⚬ Current IBP OR and date of issue
showing this capacity must be averred ⚬ Roll of Attorneys Number
⚬ FRAUD OR MISTAKE – It must be stated ⚬ MCLE Number and date of issue
with particularity. It is not enough for the
complaint to allege that the plaintiff FORUM SHOPPING
was defrauded by the defendant. Act by a party of repetitively availing of
⚬ ALTERNATIVE CAUSES OF ACTION – several judicial remedies in different courts
Applies when a plaintiff is not certain simultaneously or successively founded on the
which of the causes of action would same facts, issues, and parties.
squarely fit the set of facts alleged in
the complaint although he is certain REQUISITES TO FORUM SHOPPING
that he is entitled to relief Identity of parties
• EVIDENCE Identity of rights asserted or reliefs sought
• NAMES OF WITNESS based on same facts
• SUMMARY OF WITNESSES’ INTENDED Any judgment rendered in pending case will
TESTIMONIES (JAS) amount to res judicata in another case
• Documentary and object evidence
Relief CERTIFICATION AGAINST FORUM SHOPPING
￭ SIGNATURE AND ADDRESS: Every pleading • Purpose: Assurance to the court or other
and other written submissions must be signed tribunal that there are no other pending cases
by the plaintiff or counsel representing him or involving same parties, issues, and causes of
her. An unsigned pleading may impose action.
appropriate sanction or refer such violation to
the proper office for disciplinary action. • This is a sworn statement by plaintiff or
principal party that he/she has not
￭ VERIFICATION: Pleadings need not be under commenced any action involving the same
oath, verified. An pleading that lacks proper issues in any court, tribunal, or quasi-judicial
verification will be treated as an unsigned agency, that if there is such other pending
pleading. action or claim, a complete statement of the
present status thereof, and that if he or she
This does not render pleading defective. It is should thereafter learn that the same action
only a formal and not a jurisdictional has been filed, he shall report that fact 5
requirement. Court may order its submission calendar days to the court where his/her
correction. pleading was filed.

• SIGNIFICANCE - Secure assurance ⚬ If there are several plaintiffs, all must sign
that the allegations in it are true and ￭ Exception – common interest and
correct and not the product of the common cause of action
imagination or matter of speculation.
• HOW IS A PLEADING VERIFIED: Verified Sworn statement by plaintiff or principal party
by an affidavit of an affiant duly ⚬ Juridical entity – authority of the
authorized to sign the said verification. BOD / BOT
⚬ 3 ATTESTATIONS ⚬ Liberal approach – Chairperson, President,
A. Allegations in the pleading are true General Manager, Academic Dean: evident
and correct and based on his or her that the signatory is in a position to verify the
personal knowledge, or based on truthfulness and correctness of allegations
authentic documents
B. Pleading is not filed to harass, cause • Sec Cert / SPA?
unnecessary delay, or needlessly Effect of willful and deliberate forum shopping
increase cost of litigation – summary dismissal, contempt, administrative
C. Factual allegations therein have sanctions
evidentiary support ⚬ False certification / Non-compliance with
⚬ SEC CERT / Special Power of Attorney undertakings– indirect contempt,
administrative sanctions, criminal actions
• Mandatory but not jurisdictional KINDS OF PLEADINGS: DEFAULT
⚬ Rule - not curable; Except – substantial • Occurs when defending party fails to file
compliance (late submission) answer within reglementary period
⚬ Complaint may be dismissed upon motion • No motu proprio declaration except
and hearing (not motu proprio) environmental cases
￭ Character of dismissal: “without prejudice” • Effect of default – party declared loses
(not appealable, remedy is Rule 65) standing but entitled to notices of subsequent
• Presumed to be without prejudice (if silent) proceedings; not tantamount to admission of
• Required in initiatory pleading the truth or validity of plaintiff’s claims
⚬ Required – complaint in civil actions, • Reception of evidence may be delegated
petitions in SCAs to COC
⚬ Not required – compulsory counterclaim,
comment, petition for issuance of a writ of REMEDIES OF DEFENDING PARTY DECLARED IN
possession DEFAULT
⚬ After notice of order and before judgment –
KINDS OF PLEADINGS: COMPLAINT file a motion under oath to set aside order
• Plaintiff’s or claiming party’s cause or causes based on FAME (Fraud, Accident, Mistake,
of action; Excusable Negligence) and affidavit of merit
• Filing and payment of docket fees vests the ⚬ After judgment and before judgment
trial court with jurisdiction becomes final and executory – file a motion
• Appellate docket fees and other lawful fees for new trial; appeal (Rule 37)
mandatory for perfection of appeal ⚬ After judgment becomes final and
executory – petition for relief from judgment (R.
KINDS OF PLEADINGS: ANSWER 38)
• File an answer within 30 calendar days after ⚬ R. 65 – when grave abuse of discretion
service of summons unless court fixed a attended the declaration of default
different period
• Negative or affirmative defense EXTENT OF RELIEF IN A JUDGMENT BY DEFAULT –
￭ 3 types of specific denials (absolute, partial, “The judgment shall not exceed the amount or
denial by disavowal of knowledge [must be be different in kind from that prayed for nor
made in good faith] ) award liquidated damages” (R. 9, S. 3 [d])

￭ NEGATIVE PREGNANT – a form of a negative • No declaration of default: annulment of

expression which carries with it an affirmation marriage declaration of nullity of marriage,
or at least an implication of some kind legal separation
favorable to the adverse party
Judgment by default may occur for refusal to
⚬ AFFIRMATIVE DEFENSES: Failure to raise these comply with modes of discovery
at the earliest opportunity constitutes a waier • Failure to appear pre-trial: not a ground for
thereof declaration of default; court to order plaintiff
1. No jurisdiction to present evidence ex parte and court to
2. Venue is improper render judgment on the basis thereof;
3. Plaintiff has no legal capacity to sue ⚬ plaintiff as “non-suited” and defendant “as
4. Claim states no cause of action in default” are no longer found in the present
5. Condition precedent has not been rules on default
complied
A defendant, by meritorious reasons, may be
⚬ ORIGINAL PLEADING - 30 days after service granted an additional period of not more than
of summons with additional period of 30 days 30 calendar days to file an answer. A
for meritorious reasons but only 1 motion for defendant is only allowed this motion 1 time.
extension is allowed; 60 days from service of
summons (extraterritorial service) DEFAULT MAY BE RENDERED IN THE FF EVEN IF
⚬ SUPPLEMENTAL PLEADING – 20 days from AN ANSWER IS FILED
notice admitting it unless court fixes different 1. If a disobedient party refuses to obey an
period order requiring him to comply with the various
modes of discovery
2. If a party or officer or managing agent of a Otherwise, the same is permissive. (North
party within fails to appear before the officer Greenhills Association, Inc. v. Morales, G.R. No.
who is to take his deposition, or a party fails to 222821, (09 August 2017), 816 Phil 673-693)
serve answers to interrogatories
Shall be contained in the same action since it
KINDS OF PLEADINGS: COUNTERCLAIM will be barred if not set up; cannot be set up
Claim that a defending party may have for the first time on appeal
against an opposing party. Can be a claim for • Period to answer – 20 calendar days from
money, or some other relief. service

It is distinct and independent cause of action Failure to answer a compulsory counterclaim is

wherein the plaintiff becomes the defendant not a cause for default declaration but failure
in the counterclaim. to answer a permissive counterclaim may be a
cause of default declaration.
Not part of an answer but may be included
(Answer with a counterclaim). KINDS OF PLEADINGS: CROSS-CLAIM
A claim by a party against a co-party arising
• COMPULSORY: 3 elements: arises out of the out of the transaction or occurrence that is the
transaction that is the subject matter of the subject matter either of the original action or a
claim; falls within the jurisdiction of the court; counterclaim therein.
does not require for its adjudication the
presence of third parties over whom the court If not set up in the action, it shall be barred.
cannot acquire jurisdiction
• PERMISSIVE: absence of connection with the A cross-claim must be answered within 20
subject matter of complaint, can be filed calendar days from service.
independently as a new case
• Period to answer – 20 days from service KINDS OF PLEADINGS: THIRD, FOURTH, ETC-
• Counterclaim may still be prosecuted PARTY COMPLAINT
notwithstanding the dismissal of complaint With leave of court, be filed against a person
who is not yet a party to the action for
COMPULSORY COUNTERCLAIM TEST contribution, indemnity, subrogation, or any
1. Arises out of or necessarily connected with other relief, in respect of his opponent’s claim
the transaction or occurrence which is the
subject matter of the opposing party’s claim Period to answer is within 30 calendar days
2. Does not require for its adjudication the from service.
presence of 3rd parties over whom the court
cannot acquire jurisdiction over KINDS OF PLEADINGS: INTERVENTION
3. Cognizable by regular courts of justice and • A third party is allowed to be a party (plaintiff
such courts have jurisdiction to entertain the or defendant) to protect or preserve a right or
counterclaim both as to the amount and interest which may be affected by the
nature proceedings
• With leave of court;
A MORE COMPLETE TEST • Not a matter of right;
⚬ (a) Are issues of fact and law raised by the • Considerations for the court (Will it unduly
claim and by the counterclaim largely the delay or prejudice the adjudication of the
same? rights of original parties? Will the intervenor’s
⚬ (b) Would res judicata bar a subsequent suit rights be protected in a separate proceeding?
on defendants claim absent the compulsory
rule? Procedure:
⚬ (c) Will substantially the same evidence ⚬ motion and pleading shall be served to the
support or refute plaintiff's claim as well as original parties;
defendant's counterclaim? ⚬ pleading-in-intervention be attached to the
⚬ (d) Is there any logical relations between motion
the claim and the counterclaim? • Period to answer – 15 days from notice of
order admitting the pleading-inintervention
• A positive answer to all four questions would unless court fixed a different period
indicate that the counterclaim is compulsory.
WHO MAY INTERVENE? when the pleading was not yet amended.
RULE 19 Otherwise, there is no need.
1. Person who has legal interest in the matter
2. Legal interest in the success of any of the SUPPLEMENTAL PLEADINGS
parties One which sets forth transactions, occurrences
3. An interest against both parties or events which happened since the date of
4. When he is situated to be adversely the pleading sought to be supplemented;
affected by a distribution or disposition of leave of court is required
property in the custody of the court or an
officer • For example – to enlarge the original causes
of action (Planter’s Dev’t Bank v. LZK Holdings
LEGAL INTEREST: More than mere curiosity. Must and Dev’t Corp., GR 153777, April 15, 2005 -
be actual and material. unrealized rental income and damages
suffered (prospective lessee) by reason of the
KINDS OF PLEADINGS: REPLY bank’s insistence that it is entitled to it due to
• A responsive pleading to an answer with an foreclosure
actionable document • only supplements, original pleading stands
• Not mandatory • Period to answer – 20 calendar days from
• Period to file – 15 days from service of notice of order admitting the same unless the
pleading court fixes a different period. Answering a
supplemental pleading is not mandatory

AMENDMENT OF PLEADINGS: HOW MOTIONS

⚬ Add or strike out an allegation; Application for relief other than by a pleading
⚬ add or strike out a name of party; All motions must be made in writing except
⚬ correcting a mistaken name of a party from those made in open court and motions
⚬ correcting a mistaken or inadequate made in the course of a hearing or trial.
description
⚬ correct a mistaken allegation Motions contain the following:
• Purpose – so the actual merits of controversy 1. Statement of the relief sought to be
may speedily be determined without regard to obtained
technicalities 2. Grounds upon which the motion is based
3. The supporting affidavits and other papers
MATTER OF RIGHT – only once; before a
responsive pleading is served NON-LITIGIOUS MOTIONS
• Leave of court – Court may act upon without prejudicing the
⚬ after service of a responsive pleading; rights of adverse parties. These are:
1. Motion for issuance of an alias summons
Grounds where leave may be refused: 2. Motion for extension to file an answer
￭ motion is made with intent to delay, 3. Motion for postponement
￭ confer jurisdiction on the court, or 4. Motion for issuance of a write of execution
￭ pleading stated no cause of action 5. Motion for the issuance of an alias writ of
execution
• “implied amendment of pleadings” – issues 6. Motion for the issuance of an order directing
are not raised in pleadings but tried with the the sheriff to execute the final certificate of
express or implied consent of the parties sale
• Effect of amendment – original pleading is 7. Other similar motions
deemed abandoned
Motions shall not be set for hearing and shall
You cannot amend if the purpose is to state a be resolved by the court within 5 calendar
cause of action that was never there to begin days from receipt
with.
LITIGIOUS MOTIONS
New summons must only be issued when a 1. Motion for bill of particulars
pleading is amended only if the court was not 2. Motion to dismiss
yet vested with jurisdiction over the person 3. Motion for new trial
4. Motion for reconsideration
5. Motion for execution pending appeal SUMMONS
6. Motion to amend after a responsive Service of summons is a vital and indispensable
pleading has been filed ingredient of due process. Not only a
7. Motion to cancel statutory lien requirement of due process but also of
8. Motion for an order to break in or for a writ jurisdiction of in personam actions.
of demolition
9. Motion for intervention It is elementary that before a person can be
10. Motion for judgment on the pleadings deprived of his property, he should first be
11. Motion for summary judgment informed of the claim against him and the
12. Demurrer to evidence theory on which such claim is premised.
13. Motion to declare in default
14. Other similar motions Without service of summons or when summons
are improperly made, both the trial and the
All motions shall be served by personal service, judgment being in violation of due process are
accredited private courier, or registered mail, null and void, unless the defendant waives the
or electronic means. service of summons by voluntarily appearing
and answering the suit.
Party shall file for an opposition to a litigious
motion within 5 calendar days from receipt IMPORTANCE
thereof. Court cannot act upon these motions Type of action
ex parte and the motion shall be resolved by ◦ In personam – jurisdiction over person & due
the court within 15 calendar days from its process
receipt of the opposition or upon expiration of ◦ In rem and quasi in rem. But if defendant
the period. appears in these cases, it will be treated as in
personam.
All litigated motions shall be set for hearing on ▪ Service of summons – to satisfy due process
Friday afternoons or if it is a non-working (not acquire jurisdiction over person)
holiday, in the afternoon of the next working ▪ Jurisdiction over the res (seizure of
day except for motions needing immediate property under legal process or as a result of
action. institution of legal proceedings)

OMNIBUS MOTION RULE – requires that a HOW IS JURISDICTION OVER THE DEFENDANT
motion that attacks a pleading shall include all ACQUIRED?
ground then available and all objections not •Coercive process (service of summons)
so included shall be deemed waived; •Voluntary appearance of the defendant or
Capablanca case is about the failure to raise submission to court (“principle of voluntary
petitioner’s capacity to sue (prior declaration appearance”)
of heirship per Yaptinchay case) as an
affirmative defense or in a motion to dismiss •VOLUNTARY APPEARANCE
▪Lack or defective service may be cured by
FOLLOWING MOTIONS SHALL NOT BE ALLOWED waiver (when the defendant voluntary
⚬ Motion to dismiss except for: court has no appears and implicitly recognizes the court's
jurisdiction, litis pendentia, and res judicata jurisdiction over his or her person by
⚬ Motion to hear affirmative defenses, demanding affirmative relief (Go v. Court of
⚬ Motion for reconsideration of the court’s Appeals, G.R. No. 244681, (29 March 2023,
action on the affirmative defenses citing PCIB v. Sps. Dy)
⚬ Motion to suspend proceedings,
⚬ Motion for extension of time to file pleadings, ▪ Defendant deemed to have made a
affidavits and other papers except motion to voluntary appearance if he filed an answer or
file an answer, motion for postponement for actively participated in the case or by seeking
delay affirmative relief from the court
⚬ Motion for postponement intended for delay
except if based on acts of God, force majeure, ▪Motion to Dismiss – inclusion of other grounds
or physical inability of the witness is considered voluntary appearance (2019
Amendment)
▪Special Appearance: To object to the RETURN AND PROOF OF SERVICE
jurisdiction of that court over his person should Return shall state the following:
not be deemed a voluntary appearance.
1)Impossibility of prompt personal service
▪Motion for Time to File Answer – within 30 calendar days from receipt
considered voluntary appearance
2)Date and time of 3 attempts on at least 2
When Issued different dates to cause personal service and
•within 5 calendar days from receipt of the details of inquiries made to locate
initiatory pleading and proof of payment of defendant
legal fees
Who issues – Clerk of Court 4)Details of the following depending on how
To whom directed – defendant service is effected:

PERSONS WHO MAY SERVE ◦a) Defendant’s residence - name of

•Sheriff or deputy; in case of failure by them, person at 18 years of age and of
court may authorize plaintiff together with sufficient discretion residing therein
sheriff
•Summons to be served outside of judicial ◦b) Defendant’s office – name of
region – plaintiff shall be authorized competent person in charge
•Plaintiff is juridical entity – notify the court in
writing and name its authorized rep authorized ◦c) Defendant is found – name of officer
to serve (attaching board res or sec cert) of homeowner’s assoc or condo corp or
chief security officer in charge of
Contents community or building
•Name of court
•Names of parties Failure to state the facts and circumstance
•Authorization for plaintiff to serve summons that rendered service of summons impossible
(when authorized by court) renders service of summons and the return
•Direction to defendant to answer within the ineffective. In that case, no substituted service
time fixed; or service by publication can be valid
•Notice that, unless the defendant answers,
plaintiff will take judgment by default and may Proof of service is required to be filed by the
be granted relief server of summons. Made in writing and shall
•Copy of complaint; copy of order of set forth the manner, place, and date of
provisional remedy if any service; specify any papers which have been
served with the process and the name of the
VALIDITY person who received the same and be sworn
•Valid until duly served unless recalled by to when made by a person other than a sheriff
court Return and proof of service or his or her deputy.
•Within 30 calendar days from receipt –
service If email, a printout of said email with a copy of
•Within 5 calendars days from service – return the summons as served and the affidavit of the
(file with court and serve with plaintiff) person mailing shall constitute as proof of
service.
ALIAS SUMMONS
•lost or destroyed summons SERVICE UPON ENTITY WITHOUT JURIDICAL
•covers if summons is returned unserved PERSONALITY
If summons is wrongfully served • When two or more persons not organized as
•case should not be dismissed an entity with juridical personality, they may be
•alias summons can be served upon sued under the name they are generally
defendant (citing Lingner & Fisher GMBH v. IAC, known.
The Philippine American Life & Gen. Insurance
Co. v. Breva, G.R. No. 147937, (11 November •Upon any of them or upon person in charge
2004), 484 Phil 824-831) of the office or place of business maintain in
such name
SERVICE UPON PRISONERS
•Service to be effected upon prisoner by SERVICE UPON FOREIGN PRIVATE
officer having the management of such jail or JURIDICAL ENTITY TRANSACTED OR IS DOING
institution (deemed as special sheriff) BUSINESS IN THE PHIL:
•Resident agent designated
SERVICE UPON MINORS / INCOMPETENTS •If no resident agent, service will be made
•Personally and on legal guardian, if none, upon a government official designated by law
guardian ad litem whose appointment shall be or any of its officers, agents, directors or
applied for by plaintiff; minor – parent or trustees within the Philippines
guardian
◦Government official designated by law:
SERVICE UPON SPOUSES ▪Foreign insurance corporations – Insurance
Served to each spouse individually Commissioner (see Insurance Code)
▪Foreign banks – BSP Deputy Governor in-
◦Service on wife binding on husband charge of supervising and examining
(obligation entered into involved a transaction departments (see General Banking Law)
where conjugal partnership is liable [Rescission ▪Other corporations – SEC (see Revised Corp
of Promissory Notes, Deed of Sale of Real Code)
Property, Cancellation of Title with Damages in • A single act can be construed as doing
connection with promissory notes and a deed business; see “doing business” defined in
of sale of real property entered into]; action is Foreign Investments Act
in personam over documents entered [deed
of sale and promissory notes] into as regards a A foreign corporation doing business in the
conjugal property (Villarama v. Guno, G.R. No. Philippines without a license, cannot sue in the
197514, (06 August 2018) Philippines but it can be sued.
◦ruling may be different if there is proof of
marriage SERVICE UPON FOREIGN PRIVATE JURIDICAL
settlement, separation in fact, annulment of ENTITY NOT REGISTERED IN THE PHIL. OR HAS NO
marriage RESIDENT AGENT BUT HAS TRANSACTED OR IS
DOING BUSINESS, LEAVE OF COURT, OUTSIDE OF
SERVICE UPON DOMESTIC PRIVATE JURIDICAL THE PHIL THROUGH THE FOLLOWING:
ENTITY
•President, managing partner, general a)Personal service through appropriate court
manager, corporate secretary, treasurer, or in- in foreign country with assistance of DFA
house counsel of the corp wherever they may b)Publication once in newspaper in the
be found, or in their absence, their secretaries country
•If cannot be made upon any of the where defendant may be found and by
foregoing, upon person who customarily serving at last known address
receives correspondence at principal office c)Facsimile
•If under receivership or liquidation, d)Electronic means with prescribed proof of
receiver or liquidator service Other means as court, in its discretion,
•In case of refusal despite at least 3 attempts may direct
on 2 different dates – electronically, if allowed
by court SERVICE UPON PUBLIC CORPORATIONS
•Sol Gen – Republic of the Phil.
◦Service upon officers of corp identified – •Executive head or other officer(s) as law or
wherever may be found court may direct – province, city or
◦Branch Manager? No municipality or like public corp

▪SC: “contrary to the exclusive list of people DUTY OF COUNSEL ON RECORD – summons
under Section 11, Rule 14 of the Rules of Court improperly served and lawyer makes special
who are authorized to receive summons. As appearance to question validity of service,
we have held in E.B. Villarosa & Partner Co., counsel shall be deputized by court to serve
Ltd.
v. Hon. Benito: (Kobe Clinic Corp. v. Tom's SERVICE IN PERSON ON DEFENDANT
World Philippines Corp., G.R. No. 243835 •by handing a copy and informing being
(Notice), (03 June 2019) served
•if refuses to receive and sign, leaving within of a summons and his duty to deliver it
the view and in presence of defendant Sec. 5, immediately to the defendant (Ang v.
Rule 14 (may be made in any place where Chinatrust (Philippines) Commercial Bank
defendant may be found, not necessarily in Corp., G.R. No. 200693, (18 April 2016), 784 Phil
residence ) 791-804, citing Manotoc v. CA)
◦service of the copy of the summons and the
complaint inside the courtroom of the MeTC of •Defendant’s office or regular place of
Manila, Branch 24 was held valid (Sansio Phil., business – name of competent person in
Inc. v. Spouses Mogol, Jr., G.R. No. 177007, (14 charge
July 2009), 610 Phil 321-341)
◦"competent person in charge thereof" - this
•Substituted service can only be resorted to refers to the person managing the office or the
only when summons cannot be served business of the defendant, such as the
personally within a reasonable period of time. president or the manager; the rule
presupposes the existence of a relation of
•Sheriff should hand a copy of the complaint confidence between such person and the
and summons to the defendant and inform defendant (Ang v. Chinatrust (Philippines)
him that he is being served Commercial Bank Corp., G.R. No. 200693, (18
April 2016), 784 Phil 791-804, citing Manotoc v.
SUBSTITUTED SERVICE CA)
•justifiable causes only
•If defendant cannot be served after at ◦Property Custodian?
least 3 attempts on 2 different dates, these ◦SC:
must be stated ▪“Her position denotes limited responsibility to
office equipment, inventory, and supplies.
1)Impossibility of prompt personal service Chinatrust did not submit any evidence that
within 30 calendar days from receipt Magpayo's job description includes the
management of Nation Petroleum's Makati
2)Date and time of 3 attempts on at least 2 office. We do not see how she can be
different dates to cause personal service and considered as the competent person in
the details of inquiries made to locate charge of the defendants' business or office
defendant and the respondents failed to prove otherwise
(Ang v. Chinatrust (Phil.) Commercial Bank
3) Details of the following depending on how Corp., G.R. No. 200693, (18 April 2016), 784 Phil
service is effected (Sec 6, Rule 14): 791-804)

◦a) Defendant’s residence - name of •Defendant is found – leaving copies of the

person at 18 years of age and of summons if refused entry upon making his or
sufficient discretion residing therein her authority and purpose known to name of
officer of homeowner’s assoc or condo corp
◦b) Defendant’s office – name of or chief security officer in charge of
competent person in charge community or building

◦c) Defendant is found – name of officer •Mail address – electronic mail, if allowed by
of homeowner’s assoc or condo corp or court
chief security officer in charge of
community or building Summons can only be left upon those that are
mentioned above, no one else.
•Defendant’s residence - leaving copies of
summons at defendant’s residence. Name of •Strict compliance with requirements – a must
person at 18 years of age and of sufficient (substantial compliance would not suffice) –
discretion residing therein ◦“… while the Rules permit substituted service,
they also require strict compliance with its
◦"suitable age and discretion residing therein" - statutory requirements because of its
this refers to a person who has reached the extraordinary character. After all, substituted
age of full legal capacity and has sufficient service is in derogation of the usual method of
discernment to comprehend the importance service (Ang v. Chinatrust (Philippines)
Commercial Bank Corp., G.R. No. 200693, (18 Process Server Pajila to serve the September 8,
April 2016), 784 Phil 791-804) 2008 alias Summons on Carson's
President/General Manager. In particular,
Substituted service presupposes that the place several attempts to serve the summons on
where summons is served is the defendant’s these officers were made on four separate
current address or place/office of regular occasions: October 2, 2008, October 16, 2008,
business. If current address is October 27, 2008, and October 28, 2008, but
unknown,substituted service cannot be used, to no avail.
even with their last known address. ▪On his fourth and final attempt, Process Server
Pajila served the summons on Fernandez,
Summons must be served through publication Carson's receptionist, due to the unavailability
if that is the matter. and difficulty to locate the company's
corporate officers

WHEN DEFENDANT PREVENTS SERVICE OF SUMMONS BY PUBLICATION

SUMMONS General rule is that this is not available as
•Defendant’s efforts to evade service – means of acquiring jurisdiction over the person
substituted service was held valid of the defendant in an action in personam.
◦Sagana v. Francisco, cited in Go v. Court of
Appeals, Summons by publication against a resident in
G.R. No. 244681, 29 March 2023 – an action in personam is only allowed when:
◦SC: 1. Identity/whereabouts of defendant are
▪“In that case, when the server attempted to unknown
serve summons at defendant's given address, 2. Resident temporarily out of the Philippines
the resident of the house refused to receive
the summons and told the server that SERVICE UPON DEFENDANT WHOSE IDENTITY OR
defendant is unknown at said address. The WHEREABOUTS ARE UNKNOWN (defendant is
occupant refused to give his name. In the designated as unknown owner or the like,
second attempt, respondent's own brother whereabouts are unknown and cannot be
stated that defendant no longer lived the said ascertained by diligent inquiry within 90
address. He also refused to sign for receipt of calendar days from commencement of action)
the summons, and then later claimed that he •leave of court – publication in a newspaper
never received a copy, despite his of general circulation and in such places and
participation in the proceedings. Thus, this for such time as the court may order
Court clarified that while generally, there must
be faithful compliance to the rules requiring Observe hierarchy of rules in the service of
service of summons in person, such rule cannot summons.
be used by evasive defendants to frustrate the 1. Diligent efforts to serve it in person
ends of justice” 2. If cannot be within reasonable period of
time, then substituted service
•Defendant’s efforts to evade service – 3. If identity or whereabouts are unknown, then
substituted service was held valid substituted service
◦In Carson Realty & Management Corp. v. Red
Robin Security SERVICE UPON RESIDENT TEMPORARILY OUT OF
Agency, G.R. No. 225035, (08 February 2017), PHIL
805 Phil 562-579: •leave of court – extraterritorial service
◦SC:
▪A perusal of the Officer's Return dated EXTRATERRITORIAL SERVICE
October 28, 2008 detailing the circumstances •(3 requisites: defendant is non-resident, not
surrounding the service of the second alias found in Phil, and action against him is either in
Summons dated September 9, 2008 shows that rem or quasi in rem)
the foregoing requirements for a valid ◦Actions involved – personal status of plaintiff,
substituted service of summons were subject matter of action is property within the
substantially complied with. Phil in which defendant claims lien or interest,
▪Indeed, the Return established the actual or contingent, relief demanded consists
impossibility of personal service to Carson's in excluding the defendant from an interest in
officers, as shown by the efforts made by
property located in the Phil, when defendant’s IS SUMMONS REQUIRED TO SERVE AN AMENDED
property has been attached in the Phil. COMPLAINT?

ACTIONS INVOLVED IN EXTRATERRITORIAL •Where the defendants have already

SERVICE OF SUMMONS appeared before the trial court by virtue of a
1. Actions that affect the personal status of the summons on the original complaint, the
plaintiff amended complaint may be served upon
2. Actions which relate to property within the them without need of another summons, even
Philippines in which defendant claims a lien or if new causes of action are alleged. After it is
interest acquired, a court's jurisdiction continues until
3. Actions in which the relief demanded the case is finally terminated.
consists wholly or in part, in excluding defendat
form an interest in property located in the •Conversely, when defendants have not yet
Philippines appeared in court and no summons has been
4. When the defendant’s property has been validly served, new summons for the amended
attached in the Philippines complaint must be served on them (Vlason
Enterprises Corp. v. Court of Appeals, G.R. Nos.
MODES OF EXTRATERRITORIAL SERVICE 121662-64, (06 July 1999), 369 Phil 269-311)
◦Personal service
◦Provided in International conventions PROCEEDINGS AFTER SERVICE OF SUMMONS
to which Phil is a party AND DISMISSAL OF ACTIONS
◦Publication in newspaper of general
circulation in such places and for such time MOTION FOR BILL OF PARTICULARS
the court may order •Matters in complaint which are vague or
◦Any manner the court may order ambiguous or not averred with sufficient
definiteness. Purpose is to aver matters with
•Converting in personam action to one in rem sufficient definiteness or particularity
or quasi in rem
Facts: action is collection of sum of money; • Must be filed before responding to a
respondent is a non- resident and a non- pleading, within 30 calendar days after
registered foreign corporation which cannot service of summons
be found in the Philippines and, hence,
personal and substituted service cannot be •Directed to any pleading
effected upon it
•Requirements (defects complained of,
SC: While the case involved is a collection of paragraphs contained, details desired)
sum of money which is an action in personam,
and therefore requires the court's jurisdiction •Matters which may be averred generally
over the defendant's person, it is not possible ◦Malice, intent, knowledge or condition of
for the RTC to do so in this case. Thus, in order mind (see Cometa v. Court of Appeals, G.R.
for the court to properly acquire jurisdiction, No. 124062, (21 January
petitioner aptly moved to attach the 1999), 361 Phil 383-400) where the averments in
properties of respondent in the Philippines, as complaint were held sufficient averments of
provided for in Section 1 (f), Rule 57 of the malice in accordance with the rules)
Rules of Court, in order to convert the action to ◦Jurisdiction of court to render judgment
one in rem or quasi in rem. As borne from the
records, respondent's properties were Action Of Court
successfully attached. Necessarily, jurisdiction ◦3 options of the court (deny outright,
over the res was acquired. The trial court, in grant outright, hold hearing)
effect, acquired jurisdiction over the action ◦compliance within 10 days form
and properly granted the motion for leave to notice of order
serve summons by publication upon •Stay of period to file responsive pleading
respondent to fulfill the requirements of due •Time to file responsive pleading – balance of
process. (TL2 Shipping Agencies, Inc. v. Hanjin period; not less than 5 days in any event
Shipping Co., Ltd., G.R. No. 248649 (Notice),
(20 June 2022)
MOTION TO DISMISS 3. Res judicata
◦ Prohibited Motion to dismiss except on the Elements of Res Judicata
following grounds: Former judgment must be final
1. No jurisdiction over the subject matter of the Court that rendered such judgment has
claim jurisdiction over the subject matter and
2. Litis pendentia parties
3. Res judicata Judgment must be on the merits
4. Motion to hear affirmative defenses There must be between the first and the
5. Motion for reconsideration of the court’s second actions, identity of parties,
action on the affirmative defenses subject matter and causes of action
6. Motion to suspend proceedings without a 4. Barred by the statute of limitations
temporary restraining order to injunction issued
by a higher court •Affirmative defenses, if denied, shall not be
7. Motion for extension of time to file pleadings, subject of MR or petition for certiorari,
affidavits or any other papers, except a prohibition or mandamus but may be raised
motion for extension to file an answer on appeal after judgment on merits
8. Motion for postponement intended for delay, •Remedies if MTD is granted
except if it is based on acts of God, force •Plaintiff may refile (depending on ground of
majeure, or physical inability of the witness to dismissal)
appear and testify. •Appeal in appropriate cases (depending on
ground of dismissal)
Motion to dismiss is not a pleading. ◦ An order denying the motion to dismiss
cannot be the subject of petition for certiorari.
In order to justify filing a certiorari, the dismissal
must be tainted with grave abuse of discretion.
◦OMNIBUS MOTION RULE
◦ When a motion to dismiss is filed, all grounds DISMISSAL BY PLAINTIFF
for objection available at the time the motion •By filing of mere notice of dismissal – before
is filed must be invoked in the motion service of answer or a motion for summary
judgment; court merely confirms
◦ This rule applies only when motion to dismiss is
filed •Rule – dismissal without prejudice; exceptions
– notice provides with prejudice and plaintiff
•If no motion to dismiss is filed – grounds may has previously dismissed the same case in a
be pleaded as affirmative defenses court of competent jurisdiction based on sale
claim (“two dismissal rule”; applies only when
•Contents (ground or grounds, relief sought), dismissal is by notice or both dismissals must be
include supporting affidavits at instance of plaintiff)

•Court to resolve motu proprio the affirmative DISMISSAL DUE TO FAULT OF PLAINTIFF
defenses – 30 calendar days from filing of •Failure of plaintiff, without justifiable reasons
answer to appear on the date of presentation of his
evidence in chief (note: plaintiff’s presentation
◦ Motion to dismiss may be filed even after the of evidence in chief)
filing of an answer if the grounds raised on the •Failure to prosecute his action for an
motion is beause of: unreasonable length of time (“non
1. Lack of jurisdiction prosequitur”)
2. Litis pendentia •Failure of plaintiff to comply with Rules of
Elements of Litis Pendentia Court
Identity of parties representing the same •Failure of plaintiff to comply with any order of
interest in both actions court
Identity of rights and relief prayed for,
the relief being founded on the same •Rule – dismissal with prejudice; except –
facts otherwise declared by court
Identity of the two cases, if judgment •Dismissal – limitedto complaint;
would be served on one, would amount counterclaim already pleaded not affected
to res judicata in the other